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1 II Federal Register / Vol. 66, No. 86 / Thursday, May 3, 2001
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2 III
Contents Federal Register Vol. 66, No. 86
Thursday, May 3, 2001
Agency for Healthcare Research and Quality Commodity Futures Trading Commission NOTICES NOTICES Meetings: Committees; establishment, renewal, termination, etc.: Health Services Research Initial Review Group Agricultural Advisory Committee, 22217 Committee, 22232 Meetings; Sunshine Act, 22217
Agriculture Department Copyright Office, Library of Congress See Forest Service PROPOSED RULES Copyright office and procedures: Antitrust Division Transfers and licenses covering extended renewal term; NOTICES notices of termination, 22139–22140 National cooperative research notifications: ATM Forum, 22259–22260 Customs Service PKI Forum, Inc., 22260 NOTICES Wireless Application Protocol Forum, Ltd., 22260–22261 IRS interest rates used in calculating interest on overdue accounts and refunds; correction, 22286 Army Department NOTICES Defense Department Meetings: See Army Department Science Board, 22221–22222 See Navy Department NOTICES Agency information collection activities: Centers for Disease Control and Prevention Submission for OMB review; comment request, 22217– NOTICES 22218 Agency information collection activities: Federal Acquisition Regulation (FAR): Proposed collection; comment request, 22232–22234 Agency information collection activities— Grants and cooperative agreements; availability, etc.: Proposed collection; comment request, 22218–22220 Rape Prevention and Education Program, 22234–22235 Submission for OMB review; comment request, 22220– Vaccine financing; comment request, 22235 22221 Meetings: Children and Families Administration Science Board, 22221 NOTICES Grants and cooperative agreements; availability, etc.: Defense Nuclear Facilities Safety Board Head Start— NOTICES Family Worker Training and Credentialing Initiative, Meetings; Sunshine Act, 22222 22287–22325 Employment and Training Administration Coast Guard NOTICES RULES Adjustment assistance: Ports and waterways safety: Color-Tex International, 22263 Atlantic Fleet Weapons Training Facility, Vieques, PR; Genicom Corp., 22263 security zone, 22121–22123 IER, Inc., 22263–22264 PROPOSED RULES Mauston Tank, Inc., 22264 Pollution: Raider Apparel Inc., 22264 Shore Protection Act of l988; implementation— Tyco Electronics, 22264 Municipal and commercial waste; permitting and Unilever-Bestfoods, Lipton, 22264 numbering requirements; comment request, 22137– Adjustment assistance and NAFTA transitional adjustment 22139 assistance: Moeller Rubber Products Co., Inc., et al., 22261–22263 Commerce Department Agency information collection activities: See International Trade Administration Proposed collection; comment request, 22265 See National Oceanic and Atmospheric Administration Grants and cooperative agreements; availability, etc.: Workforce Investment Act; State incentive awards, Committee for the Implementation of Textile Agreements 22265–22266 NOTICES NAFTA transitional adjustment assistance: Textile and apparel categories: Eagle Knits of Stanfield, Inc., 22266 Caribbean Basin Trade Partnership Act; short supply Unilever-Bestfoods, Lipton, 22266 requests— Cashmere and camel hair yarns; request denied, 22216– Energy Department 22217 See Federal Energy Regulatory Commission
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NOTICES Environmental statements; availability, etc.: Meetings: NYSD L.P., 22224 Environmental Management Site-Specific Advisory Hydroelectric applications, 22224 Board— Applications, hearings, determinations, etc.: Fernald Site, OH, 22222–22223 Cambria Cogen Co., 22223 Duke Energy Audrain, LLC, 22223 Environmental Protection Agency San Diego Gas & Electric Co., 22223 RULES Air quality implementation plans; approval and Federal Highway Administration promulgation; various States; air quality planning NOTICES purposes; designation of areas: Environmental statements; notice of intent: Tennessee, 22125–22128 Shelby County, TN, and DeSoto County, MS, 22282– Air quality implementation plans; approval and 22283 promulgation; various States: Pennsylvania, 22123–22125 Federal Mine Safety and Health Review Commission Pesticides; tolerances in food, animal feeds, and raw NOTICES agricultural commodities: Meetings; Sunshine Act, 22267 Sucroglycerides, 22128–22133 PROPOSED RULES Federal Motor Carrier Safety Administration Air quality implementation plans; approval and PROPOSED RULES promulgation; various States; air quality planning Motor carrier safety standards: purposes; designation of areas: Mexican-domiciled motor carriers; application form to Tennessee, 22141 operate in U.S. municipalities and commercial zones Air quality implementation plans; approval and on U.S.-Mexico border, 22327–22371 promulgation; various States: Mexican motor carriers; applications to operate beyond Pennsylvania, 22140–22141 U.S. municipalities and commercial zones on the NOTICES U.S.-Mexico border, 22370–22415 Agency information collection activities: Mexican motor carriers operating in United States; safety Proposed collection; comment request, 22225 monitoring system and compliance initiative, 22414– Pesticide, food, and feed additive petitions: 22420 AgraQuest, Inc., 22225–22228 Pesticides; experimental use permits, etc.: Federal Procurement Policy Office AgraQuest, Inc., 22228–22229 NOTICES Cost Accounting Standards Board: Executive Office of the President Government contracts— See Presidential Documents Executive compensation benchmark amount Federal Bureau of Investigation determination, 22266–22267 NOTICES Federal Railroad Administration Meetings: Criminal Justice Information Services Advisory Policy NOTICES Board, 22261 Exemption petitions, etc.: Interior Department, 22283 Federal Communications Commission Long Island Rail Road, 22283 RULES Common carrier services: Federal Reserve System Federal-State Joint Board on Universal Service— NOTICES Children’s Internet Protection Act; implementation; Banks and bank holding companies: correction, 22133 Formations, acquisitions, and mergers, 22230–22231 NOTICES Reports and guidance documents; availability, etc.: Fish and Wildlife Service Potential MVDDS interference to DBS in 12.2-12.7 GHz PROPOSED RULES band; analysis; MITRE Corp. report, 22229–22230 Endangered and threatened species: Critical habitat designations— Federal Election Commission Robust spineflower; correction, 22141–22144 NOTICES Meetings; Sunshine Act, 22230 Food and Drug Administration RULES Federal Emergency Management Agency Animal drugs, feeds, and related products: NOTICES Technical amendments, 22118 Reports and guidance documents; availability, etc.: Tylosin tartrate for injection, etc.; approval withdrawn, Nuclear power plants support; criteria for preparation 22116–22118 and evaluation of radiological emergency response NOTICES plans and preparedness, 22270 Animal drugs, feeds, and related products: Elanco Animal Health et al.; approval withdrawn, 22235– Federal Energy Regulatory Commission 22236 NOTICES Grant and cooperative agreement awards: Electric rate and corporate regulation filings: University of Mississippi; National Center for Natural Southern Co. Services, Inc., et al.; correction, 22286 Products Research, 22236–22240
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Meetings: Internal Revenue Service Anesthetic and Life Support Drugs Advisory Committee, RULES 22240 Income taxes: Reports and guidance documents; availability, etc.: Purchase price allocations in deemed and actual asset Common food allergens, labeling and preventing cross- acquisitions contact; compliance policy guide, 22240–22241 Correction, 22286 FDA Modernization Act of 1997; least burdensome provisions; concept and principles, 22241–22242 International Trade Administration NOTICES Forest Service Antidumping: NOTICES Hot-rolled carbon steel flat products from— Environmental statements; availability, etc.: Argentina, 22180–22183 Fishlake National Forest, UT, 22145 China, 22183–22194 India, 22157–22163 General Services Administration Indonesia, 22163–22168 Kazakhstan, 22168–22173 NOTICES Netherlands, 22146–22151 Environmental statements; notice of intent: Romania, 22194–22199 Chamblee, GA; Centers for Disease Control facility; South Africa, 22173–22180 master plan, 22231 Taiwan, 22204–22209 Federal Acquisition Regulation (FAR): Thailand, 22199–22204 Agency information collection activities— Ukraine, 22152–22157 Proposed collection; comment request, 22218–22220 Silicomanganese from— Submission for OMB review; comment request, 22220– Various countries, 22209–22213 22221 Sulfanilic acid from— Meetings: China, 22213 Murrieta, CA; U.S. Border Patrol project; potential site Vector supercomputers from— investigation, 22231 Japan, 22213–22214 Antidumping and countervailing duties: Geological Survey Five-year (sunset) reviews— NOTICES Final results and revocations, 22145–22146 Agency information collection activities: North American Free Trade Agreement (NAFTA); Proposed collection; comment request, 22243–22244 binational panel reviews: Gray portland cement and clinker from— Health and Human Services Department Mexico, 22214–22215 See Agency for Healthcare Research and Quality Oil country tubular goods from— See Centers for Disease Control and Prevention Mexico, 22215–22216 See Children and Families Administration See Food and Drug Administration International Trade Commission See Health Care Financing Administration NOTICES See Health Resources and Services Administration Meetings; Sunshine Act, 22257 NOTICES Scientific misconduct findings; administrative actions: Justice Department Sarker, Malabika, M.B.B.S., M.P.H., 22231–22232 See Antitrust Division See Federal Bureau of Investigation Health Care Financing Administration See National Institute of Corrections NOTICES NOTICES Agency information collection activities: Pollution control; consent judgments: Proposed collection; comment request, 22242–22243 American Scrap Co., 22258 Arco Pipe Line Co., 22258 Health Resources and Services Administration Drum Service Co. of Florida et al., 22258–22259 NOTICES General Motors Corp., 22259 Agency information collection activities: Massachusetts Institute of Technology, 22259 Submission for OMB review; comment request, 22243 Labor Department See Employment and Training Administration Indian Affairs Bureau RULES Land Management Bureau Law and order: NOTICES Santa Fe Indian School property; Court of Indian Public land orders: Offenses establishment, 22118–22121 Idaho, 22244 Utah, 22244 Interior Department See Fish and Wildlife Service Library of Congress See Geological Survey See Copyright Office, Library of Congress See Indian Affairs Bureau See Land Management Bureau Management and Budget Office See National Park Service See Federal Procurement Policy Office
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Mine Safety and Health Federal Review Commission Tioga County Historical Society, NY— See Federal Mine Safety and Health Review Commission Iron tomahawk, etc., from Cayuga County, NY, 22254 University of North Dakota Hariman Research Center, National Aeronautics and Space Administration Grand Forks, ND— NOTICES Inventory from various sites in North Dakota, 22255– Agency information collection activities: 22256 Submission for OMB review; comment request, 22267 Reports and guidance documents; availability, etc.: Federal Acquisition Regulation (FAR): Director’s Order 26; Youth Programs Division; policies Agency information collection activities— and procedures, 22257 Proposed collection; comment request, 22218–22220 Wireless telecommunications facilities; construction and Submission for OMB review; comment request, 22220– operation: 22221 Cape Hatteras National Seashore, NC; right-of-way Patent licenses; non-exclusive, exclusive, or partially permit, 22257 exclusive: OptoGel, Inc., 22267 Navy Department NOTICES National Institute of Corrections Inventions, Government-owned; availability for licensing, NOTICES 22222 Meetings: Advisory Board, 22261 Nuclear Regulatory Commission PROPOSED RULES National Oceanic and Atmospheric Administration Production and utilization facilities; domestic licensing: RULES Unnecessary regulatory burden reduction while Marine mammals: maintaining safety; workshop, 22134–22137 Taking and importing— NOTICES Underwater detonation of conventional explosives by Agency information collection activities: DOD; Subpart N removed; CFR correction, 22133 Submission for OMB review; comment request, 22267– PROPOSED RULES 22268 Fishery conservation and management: Environmental statements; availability, etc.: Carribean, Gulf, and South Atlantic fisheries— Entergy Operations, Inc., 22268 South Atlantic Fishery Management Council; meetings, Meetings: 22144 Nuclear fuel cycle facilities oversight program; revision, NOTICES 22268–22269 Coastal zone management programs and estuarine Reports and guidance documents; availability, etc.: sanctuaries: Individual Plant Examination of External Events Program; State programs— perspectives gained, 22269–22270 Intent to evaluate performance, 22216 Nuclear power plants support; criteria for preparation National Park Service and evaluation of radiological emergency response NOTICES plans and preparedness, 22270 Meetings: Personnel Management Office National Park System Advisory Board, 22244–22245 NOTICES National Register of Historic Places: Agency information collection activities: Pending nominations, 22245–22246 Submission for OMB review; comment request, 22270– Native American human remains and associated funerary 22271 objects: Grand Valley State University, Allendale, MI— Presidential Documents Inventory from Battle Point site, Ottawa County, MI, PROCLAMATIONS 22246–22247 Special observances: Iron buckets, clay pipes, glass beads, silver ornaments, Law Day, U.S.A. (Proc. 7431), 22421–22424 etc., from Battle Point site, Ottawa County, MI, 22247 Public Health Service Milwaukee Public Museum, WI— See Agency for Healthcare Research and Quality Potawatomi Indian remains from Calumet County et al., See Centers for Disease Control and Prevention WI, 22247–22248 See Food and Drug Administration Museum of Natural History and Planetarium, RI— See Health Resources and Services Administration Narragansett Indian remains from various sites in Rhode Island, 22248–22250 Research and Special Programs Administration National Museum of Health and Medicine, Armed Forces NOTICES Institute of Pathology, Washington, DC— Agency information collection activities: Comanche remains from Fort Richardson, Jack County, Submission for OMB review; comment request, 22283– TX (Red Bear et al.), 22252–22253 22284 Inventory from Erie and Ontario Counties, NY, 22252 Inventory from Fort Cobb, Caddo County, OK, 22250 Securities and Exchange Commission Kaw Indian male from Fort Harker, KS, 22251–22252 NOTICES Nap-pan-na-qua et al. (Peigan Indian males) from Investment Company Act of 1940: Montana, 22250–22251 Deregistration applications— Robert S. Peabody Museum of Archaeology, MA— Firstmark Partners Contrarian Value Fund et al., Sioux scout from Summit Springs, SD, 22253–22254 22273–22274
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Self-regulatory organizations; proposed rule changes: Veterans Affairs Department National Association of Securities Dealers, Inc., 22274– NOTICES 22280 Agency information collection activities: Pacific Exchange, Inc., 22281–22282 Proposed collection; comment request, 22284 Applications, hearings, determinations, etc.: Submission for OMB review; comment request, 22285 Equitable Life Assurance Society of the United States et al., 22271–22273 Separate Parts In This Issue Textile Agreements Implementation Committee See Committee for the Implementation of Textile Part II Agreements Department of Health and Human Services, Children and Families Administration, 22287–22325 Transportation Department See Coast Guard Part III See Federal Highway Administration Department of Transportation, Federal Motor Carrier Safety See Federal Motor Carrier Safety Administration Administration 22327–22420 See Federal Railroad Administration See Research and Special Programs Administration RULES Part IV Air travel; nondiscrimination on basis of disability: The President, 22421–22424 Equipment to facilitate boarding of aircraft by individuals with disabilities, 22107–22116 Reader Aids Treasury Department Consult the Reader Aids section at the end of this issue for See Customs Service phone numbers, online resources, finding aids, reminders, See Internal Revenue Service and notice of recently enacted public laws.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Proclamations: 7431...... 22423 10 CFR Proposed Rules: 50...... 22134 14 CFR 382...... 22107 21 CFR 510 (2 documents) ...... 22116, 22118 520...... 22116 522 (2 documents) ...... 22116, 22118 524...... 22116 529...... 22116 558 (2 documents) ...... 22116, 22118 25 CFR 11...... 22118 26 CFR 1...... 22286 33 CFR 165...... 22121 Proposed Rules: 151...... 22137 37 CFR Proposed Rules: 201...... 22139 40 CFR 52 (2 documents) ...... 22123, 22125 81...... 22125 180...... 22128 Proposed Rules: 52 (2 documents) ...... 22140, 22141 81...... 22141 47 CFR 54...... 22133 49 CFR 27...... 22107 Proposed Rules: 365...... 22371 368...... 22328 385...... 22415 387...... 22328 50 CFR 216...... 22133 Proposed Rules: 17...... 22141 622...... 22144
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Rules and Regulations Federal Register Vol. 66, No. 86
Thursday, May 3, 2001
This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: Discussion of Comments contains regulatory documents having general applicability and legal effect, most of which Background Information 1. Boarding Assistance Methods are keyed to and codified in the Code of Comments: The disability community Many airline passengers have Federal Regulations, which is published under comments had a common theme that 50 titles pursuant to 44 U.S.C. 1510. mobility impairments and must be carrying passengers up stairs by hand or boarded and deplaned using a The Code of Federal Regulations is sold by in a boarding chair is a grossly offensive wheelchair. In 1996, the Department way of providing access, for reasons the Superintendent of Documents. Prices of issued a rule to require the use of ramps, new books are listed in the first FEDERAL having to do with the dignity, safety, REGISTER issue of each week. lifts or similar devices on most aircraft and comfort of passengers. Some with 19 through 30 seats. At that time, disability group commenters did say, the Department considered requiring however, that using boarding chairs to DEPARTMENT OF TRANSPORTATION ramps, lifts, or similar devices on all carry passengers up stairs should be aircraft with 30 or fewer seats but the permitted with the consent of the Office of the Secretary development of lift devices appeared passenger when a lift is inoperative or not to have proceeded to the point when there is an emergency. One 14 CFR Part 382 where imposing regulation for the disability group advocate, the Paralyzed smallest aircraft (e.g., those under 19 Veterans of America, stressed that 49 CFR Part 27 passenger seats) would have been travelers with disabilities should be justified. Many believed that existing lift consulted about alternative [OST Docket No. 1999–6159] devices were not designed to work, or arrangements (e.g. an alternative flight) could not work, with aircraft with when level boarding is not available. seating capacity of 19 or fewer The majority of the comments from RIN 2105–AC81 passengers. The 1996 rule focused on industry also supported the use of mechanical lifts, ramps or other suitable Nondiscrimination on the Basis of smaller aircraft because many smaller aircraft don’t use loading bridges, and in devices in most situations where level Disability in Air Travel entry-boarding bridges and accessible many cases mobility-impaired passenger lounges are not available. passengers have been boarded by being AGENCY: Office of the Secretary, However, American Trans Air argued Department of Transportation (DOT). carried up aircraft stairs in a special against the general requirement for lifts, ‘‘boarding chair.’’ This process is ACTION: Final rule. ramps, or other suitable devices. The undignified for the passenger, and carrier thought that airlines should be potentially dangerous for both the SUMMARY: The Department of permitted to use ‘‘reasonable efforts’’ to passenger and those who are providing provide boarding assistance to Transportation (DOT or Department) is the boarding assistance. amending its rules implementing the individuals with disabilities using Air Carrier Access Act of 1986 (ACAA) In August 1999, recognizing that the mechanical lifts, ramps or other suitable and section 504 of the Rehabilitation need for level-entry boarding for devices that do not require employees to lift or carry passengers up stairs. Act of 1973 to require airports and air passengers with mobility impairments The Air Transport Association of carriers to provide boarding assistance also existed in larger aircraft, the Department of Transportation published America (ATA) requested clarification to individuals with disabilities by using as to when, if ever, a passenger with a ramps, mechanical lifts, or other a notice of proposed rulemaking (NPRM) proposing to extend the disability may be carried onto an aircraft suitable devices where level-entry with the use of a chair or other device boarding by loading bridge or mobile applicability of the 1996 final rule to aircraft with a seating capacity of 31 or and when, if ever, a passenger with a lounge is not available on any aircraft disability may be physically hand with a seating capacity of 31 or more more passengers. Similar to the 1996 final rule on aircraft with 19 through 30 carried on board. The ATA also passengers. This final rule parallels the requested clarification as to whether seats, in the 1999 NPRM the Department 1996 final rule for aircraft with a seating carrier personnel may assist a passenger proposed to require airports and airlines capacity of 19 through 30 passengers. transferring from an aisle chair to a seat to work together to ensure the by directly picking up the passenger’s DATES: This rule is effective on June 4, availability of lifts to provide level-entry 2001. arms or legs. boarding where it was not already DOT Response: The Department is not FOR FURTHER INFORMATION CONTACT: available for passengers with disabilities persuaded that carriers should be Blane A. Workie, Office of the General traveling on aircraft with 31 or more permitted to simply use ‘‘reasonable Counsel, Department of Transportation, seats. We received 27 comments from efforts’’ to provide boarding assistance 400 7th Street, SW., Room 10424, disability community organizations, using mechanical lifts, ramps, or other Washington, DC., 20590, 202–366–4723 individuals with disabilities, carriers, suitable devices that do not require (voice), (202) 755–7687 (TTY), 202– and industry associations representing employees to lift or carry passengers up 366–9313 (fax), or airports and airlines. Of the 27 stairs. It is not enough to use [email protected] (email). commenters, the vast majority generally ‘‘reasonable efforts’’ to provide level- Arrangements to receive the rule in an supported the proposal but suggested entry boarding. We will carry forward alternative format may be made by substantive modifications in various the 1996 provision and apply it here. contacting the above named individual. parts of the rule. Airline personnel will generally not be
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permitted to carry passengers up stairs which the same boarding assistance 4. Responsibility for Obtaining and in a boarding chair, because it is an equipment used to provide access to 19 Maintaining Lifts undignified and unsafe way of through 30 seat aircraft can be used for Comments: Carriers and airports providing access for passengers and it larger aircraft. Further, the final rule disagreed over who should be increases risks to carrier personnel provides an 18-month time frame to responsible for providing lift devices involved. The Department is requiring permit an orderly acquisition process and maintaining them in proper that, under normal circumstances, on an for additional equipment and to avoid working condition. Two airport aircraft with 31 or more seats, carrier increasing costs through an overly commenters, the American Association personnel may not lift passengers in abrupt start-up requirement. In choosing of Airport Executives and the City of boarding chairs up stairs as a means of an 18-month schedule, the Department Billings Aviation and Transit effectuating the change of level needed has tried to balance the need to provide Department, contended that airports for boarding. Hand-carrying (bodily accessibility as soon as possible and the must have flexibility to assess costs/ picking up a passenger for purposes of need to give parties a reasonable amount charges against airlines for procurement a change of level) is only allowed when of time to do the work. The Department and maintenance of lifts. These two necessary for an emergency evacuation. continues to believe that 18 months commenters also wanted flexibility to In all other abnormal circumstances (e.g. accomplishes this objective. require airlines to be responsible for the if a lift breaks down), the carrier can use training of all employees in the use of whatever means are available (including 3. Private Charters and Irregular or lifts and the establishment of basic boarding chairs but not hand-carrying) Emergency Operations safety and insurance requirements. as a means of effectuating the change of level needed for boarding. The use of a Comments: Carriers and airports American Trans Air commented that boarding chair to carry a passenger up argued that the requirement for airports under most circumstances airports and or down stairs in such abnormal and carriers to negotiate concerning the not carriers should be responsible for circumstances is conditioned on the acquisition of boarding assistance maintaining all lifts and other passenger’s consent (except in the case devices should be limited to situations accessibility equipment in proper of emergency evacuations). where the carrier is a regular, working condition. This commenter The Department wants it to be clear scheduled-service, or frequent user of stated that joint responsibility between that this does not mean that boarding the airport. These commenters asserted a carrier and an airport is appropriate chairs and/or aisle chairs cannot be that the rule should not apply to private only if a carrier is a frequent user, is used in the boarding assistance process. charters and irregular or emergency responsible for more than 10% of the Indeed, their use is usually necessary to operations at airports where the carrier enplanements at the airport, or has get the passenger to a seat from a lift. does not provide regular scheduled regularly scheduled service to that Nor does it mean that carrier personnel service. They also contended that the point. are relieved of their obligation to assist requirement for an agreement for the DOT Response: The Department passengers in transferring from their acquisition and use of boarding believes that airports and carriers can own wheelchairs to a boarding or aisle assistance devices should not apply to negotiate among themselves to chair and then from that device to an certain seasonal service. determine their respective aircraft seat. responsibilities in paying for and DOT Response: The Department does maintaining mechanical lifts or other 2. Implementation Schedules not believe that it is advisable to waive suitable devices. Airports and carriers Comments: Both carriers and airports its level-entry boarding assistance have worked together for decades to commented that the 18-month time requirements in situations where a find a basis for agreement on a wide frame for negotiating and implementing carrier provides seasonal service or the variety of air transportation matters, so an agreement for the acquisition and use carrier is not a regular, scheduled- the concept of airports and air carriers of level-entry boarding assistance service, or frequent user of an airport. negotiating to determine how devices was not sufficient to allow for The main point of this regulation is to accessibility will be provided is the re-programming of funding, ensure that, in as many situations as appropriate. The Department will not negotiations between carriers and possible, passengers with disabilities be dictate one-size-fits-all solutions to airports, and employee training. On the able to travel by air, with safety and issues that are better decided locally by other hand, disability community dignity. Carriers have ongoing working the parties concerned. Carriers and organizations and individuals with relationship with every airport that they airports share a joint responsibility to disabilities seemed to feel that the fly to regardless of how infrequent the ensure that passengers with disabilities proposed 18-month time frame was too flights to that particular airport may be. have the opportunity to use aircraft with long and advocated for shortening the For instance, carriers must pay airports 31 or more seats. time to 12-months. These commenters take-off and landing fees. It is not 5. Regulatory Evaluation argued for a shortening of time because persuasive to assert that the infrequency years have passed since the ACAA or irregularity of the relationship Comments: The Regional Airline regulations have been in place, lifts between a carrier and an airport should Association disputed the Department’s have been available for some time, and result in the Department not requiring statement in the NPRM that the commenters believe that airlines and them to negotiate with one another to incremental cost of the rule would be airports are capable of providing acquire mechanical lifts, ramps, or other negligible because lifts are already in boarding assistance within the 12- suitable devices that do not require place or required to be in place by month time frame. employees to lift or carry passengers up existing rules. The commenter seemed DOT Response: The Department stairs. Given the mandate of the Air to be arguing that the cost of the rule believes that existing lifts or lifts put in Carrier Access Act, it is reasonable to would be more than negligible because place in response to the 1996 small require accessibility even where a 860 aircraft (40% of the total regional aircraft lift rule will assist in meeting carrier provides seasonal service or the fleet) have more than 30 seats and lifts the requirements of this rule. We expect carrier is not a regular, scheduled- are not required by existing rules for that there may be many situations in service, or frequent user of an airport. these aircraft. American Trans Air also
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disagreed with the Department’s but the ‘‘Lift-A-Loft’’ will reportedly not amount of AIP funding available varies certification that the proposed rule accommodate a 747 or a DC–10. Two each year. would not have a significant impact on other commenters, the Eastern 8. Foreign Air Carriers carriers and airports. American Trans Paralyzed Veterans Association and the Air stated that they fly to any airport National Association of Protection and Comments: The Air Transport that is certified to accept their fleet type Advocacy Systems, wrote that they were Association requested clarification as to and argued that airport operating aware of two companies that what extent this final rule will apply to authorities of smaller stations do not manufacture lifts that service large foreign air carriers and U.S. airline generally have the sustained traffic that aircraft. They stated that Lift-A-Loft operations wholly outside the United would justify the capital costs of Corporation manufactures at least one States. developing a lift capability. lift that can service aircraft as large as DOT Response: This rule does not DOT Response: The Department a 747. A second company, Wollard specifically mention foreign air carriers realizes that this is the first time that Airport Equipment Company, was also or U.S. airline operations wholly lifts or other suitable devices have been cited as a company that manufactures outside the United States because we required to access an aircraft with 31 or lifts that access commuter, regional and did not propose to cover them in the more seats, but we expect that there may jet aircraft up to Boeing 727. notice of proposed rulemaking and it be many situations in which the same DOT Response: The Department is not would be outside the scope of the notice boarding assistance equipment that is convinced that existing lifts will not to now cover foreign air carriers. Also, currently required to be used to provide accommodate certain widebody aircraft. § 382.3(c) of the Department’s Air access to smaller aircraft can be used to No carrier or carrier association voiced Carrier Access Act rule states that this provide access to aircraft with 31 or concerns that existing lifts on the rule (part 382) does not apply to foreign more seats. The Department believes market would not accommodate larger air carriers or to airport facilities outside that this rule which covers aircraft with aircraft. Nevertheless, the final rule has the United States, its terrorities, more than 30 seats would require only a provision permitting airports and air possessions or commonwealths. minimal increase in the number of lifts carriers to seek a written waiver, under However, on May 18, 2000, the already acquired by airports and air limited circumstances, from the Department of Transportation, through carriers because the demand for lifts is requirement that they must provide the Office of Aviation Enforcement and determined primarily by the size of the boarding assistance to persons with Proceedings, notified foreign airlines airport. For example, every airport disabilities by using ramps or serving the United States that effective needs at least one lift, and large airports, mechanical lifts where level-entry April 5, 2000, as mandated by the where gates are far apart and short turn- boarding by loading bridge or mobile Wendell H. Ford Aviation Investment around time is important, need two or lounge is not available. A waiver will be and Reform Act for the 21st Century more. The frequency of lift usage by granted only if the carrier can (AIR 21), they are now subject to the passengers with disabilities is only a demonstrate that no existing lift or other requirements of the Air Carrier Access secondary factor because the lifts suitable device on the market will Act. The Department is currently acquired in response to the 1996 final accommodate the aircraft, and the working on a separate rulemaking to rule on aircraft with seating capacity of carrier agrees to provide enplaning/ make the regulations implementing the 19 through 30 passengers are not used deplaning assistance using boarding Air Carrier Access Act applicable to to their full potential. The Department foreign air carriers. estimates that the average use of a lift chairs as was allowed prior to the per day is less than 1 operation. adoption of this final rule. If the use of 9. Penalties Further, the requirement to provide existing models of lifts or other feasible Comments: The Paralyzed Veterans of boarding assistance to individuals with devices to enplane a passenger would America thought DOT should establish disabilities using mechanical lifts, present an unacceptable risk of specific and automatic penalties against ramps, or other suitable devices apply significant damage to the aircraft or carriers that fail to provide level-entry only at airports with 10,000 or more injury to passenger or employees, then boarding regardless of any alternative annual enplanements, primary airports the Department would view this as arrangements accepted by the disabled that have commercial service and where meaning that there is no suitable device passenger. lifts would receive more use. Airports to accommodate the aircraft. DOT Response: The Department does with less than 10,000 annual 7. Funding not need to create a new penalty enplanements (small airports which provision in order to bring an often may not have regularly scheduled Comments: One commenter, the City enforcement case against an airport or service) are not covered by this rule. of Billings Aviation and Transit an airline for failure to provide level- The 10,000 enplanement threshold is Department, requested that the entry boarding. If an airline fails to also the same standard that has applied Department of Transportation develop comply with its obligations, the since 1996 to ramp/lift assistance for procedures establishing the number of enforcement procedure of 14 CFR aircraft with 19 through 30 seats. lifts needed and how many will be 382.65(c) and (d) would apply. If an eligible for Airport Improvement airport fails to comply, the procedures 6. Availability of Lifts Program (AIP) funding. of 49 CFR part 27, subpart C would Comments: One commenter, Broward DOT Response: The Department does apply. County, expressed its view that existing not perceive a need to dictate lifts on the market will not procedures establishing the number of 10. Definitions accommodate certain widebody aircraft lifts needed in each airport for each Comments: The ATA requested and requested that the failure of airports carrier. The Department would prefer clarification on the meaning of to have lifts for widebodies on-site not that the parties concerned develop their ‘‘acquisition.’’ The Paralyzed Veterans constitute non-compliance. This own procedures establishing the of America requested a change to commenter explained that it represents number of lifts needed in their specific § 382.29(a)(3) to state ‘‘passenger with a an airport and that this airport had situations. AIP is an option that can disability’’ rather than ‘‘handicapped purchased a ‘‘Lift-A-Loft’’ transporter assist in the purchase of lifts but the passenger.’’
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DOT Response: The Department uses and equipment.’’ The Department now 14 CFR 382.40a the word ‘‘acquisition’’ of equipment to realizes that it will be clearer if we 1. 14 CFR 382.40a(a) mean the purchase or lease of simply create a new § 382.40a for equipment. The Department assumes boarding assistance requirements Comments: The American Association the disability group commenter is concerning large aircraft. The comments of Airport Executives suggested creating referring to § 382.39(a)(3) since that the Department received for each two categories of aircraft (31 through 50, § 382.29(a)(3) does not exist. The individual section are discussed below and greater than 50 passenger seats) and Department amended part 382 in 1996 under the revised section number. exempting airports that have no to change terms containing the word regularly scheduled operations by ‘‘handicap’’ or ‘‘handicapped’’ to 14 CFR 382.39 aircraft with more than 50 seats from having to have lifts or other boarding ‘‘disability.’’ See 61 FR 56422. Most 1. 14 CFR 382.39(a)(2) occurrences of the words ‘‘handicap’’ or devices suitable for aircraft with more ‘‘handicapped’’ were subsequently Comments: Several disability than 50 seats. The commenter reasoned replaced by the word ‘‘disability’’ in the advocates were concerned about that most existing equipment designed published rule. However, certain exemptions for aircraft carrying less to facilitate boarding by disabled phrases that contain a version of the than 19 passengers, and for float planes. passengers would serve most turboprop word ‘‘handicap’’ were inadvertently They believe that it is technically and regional jet equipment but not overlooked. We are correcting that in feasible to provide safe and dignified aircraft with more than 50 seats. this final rule. These changes are access to small aircraft currently exempt DOT Response: The Department is not adopting this suggestion. Carriers have editorial in nature and do not require from level boarding requirements. These ongoing working relationships with notice and comment. commenters suggest widening the scope every airport that they fly to regardless of air carrier regulations to require 11. Unrelated Issues of how infrequent the flights to that boarding access for all commercial Comments: The Colorado Cross- particular airport may be. Further, the airline flights regardless of aircraft size. Disability Coalition expressed Department has provided carriers and Representatives of industry supported frustration at the refusal of operators of airports an 18-month implementation the current exemptions in § 382.40 for small aircraft to transport or even sell a schedule to permit an orderly three specific 19-seat aircraft models, ticket to persons who cannot walk or acquisition process for additional aircraft with fewer than 19 passengers, who need in-flight medical oxygen. equipment and to avoid increasing costs Another individual commenter and float planes. through an overly abrupt start-up requested a standard, industry-wide The Paralyzed of America pointed out requirement. protocol for transporting of power that in the proposed § 382.39(a)(2) in the 2. 14 CFR 382.40a(b) wheelchairs and expressed anger at NPRM the Department mistakenly removal of gel batteries and damage to referred to paragraph (c) instead of Comments: Many of the comments a chair. paragraph (b). from persons with a disability and DOT Response: Since their inception, DOT Response: This rulemaking organizations representing the interests the ACAA rules have required carriers concerns only aircraft with seating of persons with a disability supported not allowing enplaning and deplanning using aircraft of all sizes to transport capacity of 31 or more passengers. In of passengers with disabilities through and provide enplaning/deplaning November 1996, the Department hand-carrying or the use of boarding assistance to passengers who require it published a final rule concerning chairs under any circumstances. These (although level-entry boarding might not aircraft with 19 through 30 seats. In the commenters felt the rule should require be required in all cases). However, in 1996 final rule, the Department some models of small aircraft, no lifts for boarding access when there are explained that it was aware of three 19- existing model of lift or other device no level entrances or loading bridges. seat ‘‘problem aircraft’’ with which will work and the stairs that are built Several of the disability group existing models of lifts do not work into the door of the aircraft are not commenters supported allowing well, and the Department exempted the strong enough to accommodate two or enplaning and deplaning of disabled Fairchild Metro, the Jetstream 31, and three persons at a time, as the use of a passengers using boarding chairs in the Beech 1900 (C and D models) from boarding chair would require. The result emergency situations or if a lift is the boarding assistance requirements. is that airlines may legally deny temporarily not working. The Paralyzed The Department also exempted float boarding to persons with mobility Veterans of America (PVA) stressed that planes, which often pick up passengers impairments in some limited situations. disabled travelers should be consulted from docks or floating platforms, See 55 FR 8033–8034, March 6, 1990. about alternative arrangements (i.e. an because they are incompatible with lift This rulemaking does not concern small alternative flight) when level boarding is use. In addition, in the 1996 final rule, aircraft, in-flight oxygen, or the not available and requested that the the Department decided to exempt all transportation of power wheelchairs and Department more thoroughly set forth aircraft carrying fewer than 19 any new requirements on these topics and more prominently display within passengers because the existing lift would be outside the scope of the its rules the carrier’s duties with respect devices did not appear designed to work notice. to alternative arrangements. with, or able to work with, some of the American Trans Air wrote that it did Section-By-Section Analysis smallest aircraft. Additionally, the not support the requirement to provide The Department has revised the smallest aircraft carry a very small share boarding assistance by using mechanical format and subsequently the numbering of the national air traffic. lifts, ramps, or other suitable devices of the rule text language in part 382 The commenter is correct in noting that do not require employees to lift or from that proposed in the August 1999 that in the proposed § 382.39(a)(2) in the carry passengers up stairs and preferred NPRM. The August 1999 NPRM placed NPRM the Department mistakenly the use of ‘‘reasonable efforts to provide the boarding assistance requirements for referred to paragraph (c) instead of boarding assistance.’’ large aircraft in subpart (b) of § 382.39 paragraph (b). This error has been The Air Transport Association which is titled ‘‘Provision of services rectified in the final rule. requested clarification as to when, if
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ever, a passenger with a disability may whenever a passenger states he uses a the costs to be allocated between be carried onto an aircraft with the use wheelchair for boarding. In addition, operator and carrier based on of a chair or other device and when, if alternative arrangements due to an proportionate use of facility. Two ever, a passenger with a disability may inoperable lift should not be commenters representing airports be physically hand-carried on board. commonplace. Section 382.40a(c)(6) argued that airports must have The ATA also requested clarification as requires that the agreement between flexibility to: assess costs/charges for to whether carrier personnel may assist carriers and airports ensure that all lifts procurement and maintenance of lifts, a passenger transferring from an aisle and other accessibility equipment are in require airlines to be responsible for chair to a seat by directly picking up the proper working condition. Further, training of all employees in the use of passenger’s arms or legs. carriers on their own often ensure that lifts, establish basic safety and DOT Response: The Department is not a passenger with a disability is provided insurance requirements before airlines persuaded by the argument that carriers the option of an alternative flight when can use lifts, and release the airports of be permitted to use ‘‘reasonable efforts’’ the required boarding assistance cannot liability if carriers do not follow these to provide boarding assistance using be provided. procedures. mechanical lifts, ramps, or other The Paralyzed Veterans of America suitable devices that do not require 3. 14 CFR 382.40a(c)(1) thought DOT should require that copies employees to lift or carry passengers up Comments: The vast majority of of all contracts negotiated under this stairs in boarding chairs. It is not comments from carriers, airports, and rule be submitted to DOT for review and enough to use ‘‘reasonable efforts’’ to industry associations argued that the made available to the public as a means provide level-entry boarding. Airline requirement for a carrier to negotiate in of ensuring compliance and determining personnel will generally not be good faith with the airport operator at the responsible party. permitted to carry passengers up stairs each airport should be limited to those DOT Response: The Department does in a boarding chair because it is an situations where the carrier is a regular, not believe it is necessary to require undignified and unsafe way of scheduled-service, or frequent user of copies of all contracts negotiated under providing access for passengers and it the airport. They contended that this rule be submitted to DOT for review increases risks to carrier personnel § 382.40a should not apply to private since the written agreements between involved. The Department is requiring charters and irregular or emergency carriers and airports must be made that, under normal circumstances, on an operations at airports where the carrier available to DOT upon request. Also, aircraft with 31 or more seats, carrier does not provide regular scheduled airports and carriers can negotiate personnel may not lift passengers in service. They also asserted that among themselves to determine their boarding chairs up stairs as a means of § 382.40a should not apply to as carriers respective responsibilities in paying for effectuating the change of level needed and airports with limited seasonal-only and maintaining mechanical lifts or for boarding. Hand-carrying (bodily service and regional airlines that other suitable devices. See response to picking up passenger for purposes of a provide seasonal service because comments regarding ‘‘Responsibility for change of level) is only allowed when demand is not adequate to support year- Obtaining and Maintaining Lifts’’ for a necessary for an emergency evacuation. round service. In general, the industry fuller discussion of why the Department In all other abnormal circumstances comments declared that in these believes airports and carriers can (e.g., if a lift breaks down), the carrier circumstances the rule should allow negotiate among themselves. can use whatever means are available boarding and deplaning assistance by The Department will adopt the (including boarding chairs or an any means available, including hand- suggestion of two industry commenters alternative flight, but not hand-carrying) carrying with the express consent of the to narrrow the requirements of as a means of effectuating the change of passenger. § 382.40a(c)(1) by limiting the type of level needed for boarding. The use of a The American Association of Airport carrier that must negotiate in good faith boarding chair to carry the passenger up Executives also requested an exemption to those carriers that do not provide or down stairs is conditioned on the for airports without regularly scheduled passenger boarding by level-entry passenger’s consent (except in the case operations by aircraft with more than 50 boarding bridges or accessible passenger of emergency evacuations). seats from having lifts or other boarding lounges at an airport. However, the The Department wants it to be clear devices suitable for aircraft with larger Department does not believe that it is that this does not mean that boarding seating capacity. The same commenter advisable to waive its level-entry chairs and/or aisle chairs cannot be requested clarification as to whether the boarding assistance requirements in used in the boarding assistance process. phrase ‘‘to negotiate in good faith with situations where a carrier provides Indeed, their use is necessary to get the each carrier serving the airport’’ applied seasonal service or the carrier is not a passenger to a seat from a lift. Nor does to charters and non-scheduled carriers. regular, scheduled-service, or frequent it mean that carrier personnel are Two other industry association user of an airport. See response to relieved of their obligation to assist commenters, the ATA and the Regional comments regarding ‘‘Private Charters passengers in transferring from their Airline Association, thought the and Irregular or Emergency Operations’’ own wheelchairs to a boarding or aisle requirement for agreements with for a fuller discussion of why the chair and then from that device to an airports was unnecessarily broad. They Department believes it is reasonable to aircraft seat. suggested revising § 382.40a(c)(1) to require accessibility even where a The Department does not agree with read as follows: ‘‘a carrier that does not carrier provides seasonal service or the the PVA’s comment that there is a need provide passenger boarding by level- carrier is not a regular, scheduled- for the Department to set forth in more entry boarding bridges or accessible service, or frequent user of an airport. detail and more prominently display in passenger lounges at an airport at which its rules the carrier’s duties with respect it provides regular scheduled service 4. 14 CFR 382.40a(c)(2) to alternative arrangements. Section shall negotiate in good faith with that Comments: Most of the disability 382.45(a)(2) already requires the carrier airport concerning the acquisition and groups and persons with disabilities to inform a passenger with a disability use of boarding assistance devices.’’ argued that a 12-month total time frame of any limitations on the ability of the American Trans Air commented that rather than 18-month total time frame aircraft to accommodate the passenger it supports the provision but would like was appropriate. They contended that a
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3-month time frame for airport operators ramps, lifts, or other devices for for boarding assistance to persons with and air carriers to negotiate and sign a enplaning and deplaning persons with disabilities by using ramps or written agreement allocating disabilities who need this kind of mechanical lifts under limited responsibility for providing boarding assistance. In sum, carriers are required circumstances. Boarding assistance by assistance was sufficient and argued to use these devices as soon as they are lift is not required on any widebody that a 9-month time frame to implement ready where level-entry boarding aircraft determined by the Department the agreement would be more than platforms are not available for a flight of Transportation to be unsuitable on enough time. One person with a (i.e., a carrier cannot decline to use an the basis that no existing boarding disability commented that 18 months is available lift). assistance device on the market will enough time to start using lifts for larger The Department believes it is accommodate the aircraft without aircraft. The PVA stated that it would unnecessary to grant waivers on a case- significant risk of serious damage to the like for the final rule to require by-case basis for carriers and airports aircraft or injury to passenger or immediate implementation where level- unable to secure lifts or other devices employee. entry boarding equipment is available to due to lack of availability from 7. 14 CFR 382.40a(c)(5) carriers or airports and is usable on manufacturers and their demonstrated aircraft affected by these regulations. good faith efforts to obtain lifts, ramps, Comments: American Trans Air Representatives of industry strongly or other devices in a timely manner. Air commented that it supports this argued that more time than the carriers and airports have 18 months provision and understands that it would Department’s proposed 18-month from the effective date of the rule to be able to refuse transport for passengers schedule was needed to complete all acquire lifts or other suitable devices. with disabilities without jeopardy actions necessary to ensure accessible We expect that there may be many according to § 382.31 (refusal of service) boarding for passengers with situations in which the same boarding since hand-carrying is not an option. disabilities. Two commenters, the assistance equipment used to provide The Paralyzed Veterans of America American Association of Airport access to smaller aircraft can be used to expressed concern that the phrase ‘‘for Executives and the City of Billings provide access to aircraft with 31 or reasons beyond the control of the parties Aviation and Transit Department, more seats. The final rule includes a to the agreement’’ in proposed § 382.40a requested a change to a minimum of a provision permitting airports and air (c)(5) seems to limit mandatory 24-month deadline in lieu of 18 months carriers to seek a written waiver only if alternative boarding to situations where to allow for funding re-programming, air the carrier can demonstrate that no the air carrier or airport was not at fault carrier negotiations, and employee existing lift or other suitable device on for the failure to provide level-entry training. The Regional Airline the market will accommodate the boarding. The PVA requested that the Association requested 36 months in lieu aircraft and the carrier agrees to provide Department ensure that passengers have of 18 months due to what it perceived enplaning/deplaning assistance using an option of alternative boarding or an to be significant costs to regional boarding chairs as was allowed prior to alternative flight regardless of who is airlines. American Trans Air adoption of this final rule. See response responsible for the failure to provide commented that it would support the18- to comments regarding ‘‘Availability of entry level boarding. month timeline only if carrier Lifts’’ for a fuller discussion of when the DOT Response: A carrier may not negotiation with airports is restricted to Department will grant a waiver. refuse transport on an aircraft with those carriers that are frequent users of seating capacity of 31 or more airports, airports that are responsible for 5. 14 CFR 382.40a(c)(3) passengers when level-entry boarding more than 10% of the enplanements, or Comments: American Trans Air assistance through lift, ramp or other carriers that have regular scheduled commented that it supported the suitable device is not available. If a lift service at airports. provision whereby a passenger requiring is not available, regardless of the reason, The Air Transport Association lift assistance may be required to check then the airline must consult with the requested exemptions on a case-by-case in at least one hour before the scheduled passenger and provide boarding basis for carriers and airports unable to departure time. assistance by any available means to secure lifts or other devices due to lack DOT Response: The Department which the passenger consents (except of availability from manufacturers and agrees with the commenter and the final hand-carrying as defined in their demonstrated good faith efforts to rule is the same as the proposal in the § 382.39(a)(2)). For example, carrier obtain lifts, ramps, or other devices in NPRM. personnel may carry a passenger up a timely manner. stairs in a boarding chair if the DOT Response: The Department 6. 14 CFR 382.40a(c)(4) passenger consents. The Department is believes existing lifts or lifts put in Comments: Broward County not aware of any model of aircraft with place in response to the 1996 small expressed its view that existing lifts on seating capacity of 31 or more seats with aircraft lift rule will assist in meeting the market will not accommodate stairs that are built into the door of the the requirements of this rule. See certain widebody aircraft and requested aircraft that are not strong enough to response to comments regarding that the failure of airports to have lifts accommodate two or three persons at a ‘‘Implementation Schedules’’ for a fuller for widebodies on-site not constitute time, as the use of boarding chairs discussion of why the Department chose non-compliance. The Eastern Paralyzed would require. If the passenger does not an 18-month time frame. The Veterans of America and the National consent to being carried in a boarding Department notes that the rule already Association of Protection and Advocacy chair, then the carrier may offer other requires immediate implementation Systems wrote that they were aware of options such as an alternative flight. where level-entry boarding equipment is two companies that manufacture lifts The Department has removed the phrase available to carriers and airports. that service large aircraft. ‘‘for reasons beyond the control of the Section 382.39(a)(2) states that boarding DOT Response: The Department is not parties to the agreement’’ from § 382.40a shall be by level entry boarding convinced that existing lifts will not (c)(5) because it is confusing and could platforms or accessible passenger accommodate widebody aircraft. appear to some as limiting the situations lounges, where these means are Nevertheless, the final rule includes a in which alternative boarding must be available. Otherwise, carriers shall use new provision waiving the requirement provided.
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8. 14 CFR 382.40a(c)(6) be stronger and suggested regular 3. 49 CFR 27.72(c)(1) Comments: American Trans Air training of personnel with periodic Comments: American Trans Air thought that airports and not carriers refreshers. supported the requirement that airport should be responsible for maintaining DOT Response: Carriers and airports operators negotiate in good faith with all lifts and other accessibility are ultimately responsible for ensuring each carrier, but would like the cost of equipment in proper working condition. that contract service providers are boarding devices to be apportioned This commenter stated that joint adequately trained in the use of between operator and carrier based on responsibility between a carrier and an boarding assistance equipment. The enplanements and/or departures. airport is appropriate only if the carrier general part 382 requirement of training DOT Response: Again, the is a frequent user, is responsible for to proficiency includes refresher Department believes that airports and more than 10% of enplanements, or has training, as needed, to maintain carriers can negotiate among themselves regularly scheduled service. The PVA proficiency. We note that § 382.61, to determine their respective would like for the final rule to include which applies to carriers that operate responsibilities in paying for a regular schedule for deployment and aircraft with more than 19 seats, mechanical lifts or other suitable testing of lifts to ensure that any requires refresher training as devices. Airports and carriers have mechanical difficulties are discovered appropriate to the duties of each worked together for decades to find a and resolved before a passenger needs employee to ensure that proficiency is basis for agreement on a wide variety of the equipment to board an aircraft. This maintained. For example, for personnel air transportation issues, so the concept disability organization thought the final involved in providing boarding of airports and air carriers negotiating to rule should require regular maintenance assistance, training to proficiency would determine how accessibility will be and testing on a schedule consistent cover the use of the boarding assistance provided is appropriate. with manufacturer instructions. If equipment used by the carrier and 4. 49 CFR 27.72(c)(2) equipment cannot be repaired the same appropriate boarding assistance day, then the disability group procedures that safeguard the safety and Comments: American Trans Air commenter would like for the carrier to dignity of passengers. commented that Chicago Express’s be required to make arrangements for 49 CFR Part 27 aircraft are currently exempt from the replacement. requirement to implement agreement DOT Response: The Department 1. 49 CFR 27.72(a) within the specified time frame because its entire fleet consists of the Jetstream believes that airports and carriers can Comments: One person with a 31, a 19-seat aircraft model determined negotiate among themselves to disability expressed concern about the by the Department of Transportation to determine their respective fact that the NPRM is limited to be unsuitable for boarding assistance by responsibilities in paying for and boarding assistance at airports with lift. On behalf of Chicago Express, its maintaining mechanical lifts or other more than 10,000 annual enplanements. suitable devices. See response to affiliate/code-share partner, this carrier comments regarding ‘‘Responsibility for DOT Response: The Department made requested an 18-month period from the Obtaining and Maintaining Lifts’’ for a the tentative decision not to apply this date Chicago Express acquires aircraft/ fuller discussion of why the Department rule to airports with fewer than 10,000 equipment that is not exempt to the date believes airports and carriers can enplanements because these airports are that it must use mechanical lifts. negotiate among themselves. non-primary airports—small airports DOT Response: The Department will Additionally, the Federal Aviation that often may not have regularly not allow an additional 18-month Administration (FAA) has an Advisory scheduled service. Airports with 10,000 compliance period for carriers that Circular on Lift Maintenance titled or more annual enplanements are choose to begin operating aircraft for ‘‘Guide Specification for Devices Used primary airports that have more which boarding assistance by lift is to Board Airline Passengers With commercial-service traffic and where required. The purpose of the initial Mobility Impairments’’ (AC No. 150/ lifts would receive more use. The 10,000 phase-in period was to enable carriers to 5220–21B) as guidance on how to enplanement threshold is the same avoid costs through an overly abrupt maintain lifts in proper working standard that has applied since 1996 to start-up requirement. By now all carriers condition. Carriers and airports share a ramp/lift assistance for aircraft with 19 should be aware of the general boarding joint responsibility to ensure that through 30 seats. assistance requirements for aircraft passengers with disabilities have the 2. 49 CFR 27.72(b) with19 through 30 seats and realize that opportunity to use aircraft with 31 or they must acquire lifts or other suitable more seats. Comments: One commenter agreed devices if they operate aircraft for which that sub-section (c ) of § 27.72 should boarding assistance by lift is required. 9. 14 CFR 382.40a(d)(1) apply to aircraft with a seating capacity Comments: American Trans Air of 19 through 30 passengers only so long 5. 49 CFR 27.72(c)(3) requested that the Department consider as exemption for 19-seat aircraft models Comments: Some disability advocates requiring Fixed Base Operators (FBOs) such as the Jetstream 31 remain. such as Access to Independence and and other contract service providers DOT Response: The requirement for Mobility were concerned about involved in the use of boarding airports and carriers to jointly provide exemptions for aircraft carrying fewer assistance equipment to be responsible ramps or lifts for aircraft with 19 than 19 passengers, and for float planes. for their own training. This commenter through 30 passenger seats does not They believe that it is technically also suggested that the Department override the existing exemption for feasible to provide safe and dignified require airports where the carrier is not certain aircraft such as the Jetstream 31. access to small aircraft currently exempt a frequent user to be responsible for Indeed, the requirement as it pertains to from level boarding requirements. These ensuring service/contract providers are 19 through 30 seat aircraft and the commenters suggest widening the scope trained/certified. A disability group exemption for three aircraft types have of air carrier regulations to require advocate, the PVA, recommended that been in existence since 1996. Nothing in boarding access for all commercial the training requirements for personnel the current proceeding affects them. airline flights regardless of aircraft size.
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Representatives of industry supported available’’ to the end of the first and suggested regular training of the current exemptions in § 382.40 for sentence to conform the airport personnel with periodic refreshers. three specific 19-seat aircraft models, requirement with the air carrier DOT Response: See response to aircraft with fewer than 19 passenger requirement. comments regarding § 382.40a(d)(1). seats, and float planes. One disability DOT Response: The Department will Regulatory Analysis and Notices group recommended replacing the word add the sentence ‘‘where level entry ‘‘lift’’ in § 27.72(c)(3)(iv) with ‘‘boarding boarding is not otherwise available’’ to A. Executive Order 12866 (Regulatory assistance device’’ since not all boarding the end of the first sentence to conform Planning and Review) and DOT assistance devices are lifts. the airport requirement with the air Regulatory Policies and Procedures DOT Response: The Department has carrier requirement. The Department This action has been determined to be replaced the word ‘‘lift’’ in will not allocate the costs between non-significant under Executive Order § 27.72(c)(3)(iv) with the phrase ‘‘lifts, operator and carrier based on 12866 and the Department of ramps, or other suitable boarding proportionate use of facility. Airports Transportation Regulatory Policies and devices’’ because a lift is not the only and carriers can negotiate among Procedures. Any costs or benefits acceptable boarding device. See themselves to determine their respective resulting from this action would be so response to comments regarding responsibilities in paying for and minimal that no further assessment is § 382.39(a)(2) for a discussion of why maintaining mechanical lifts or other required since existing lifts, or lifts the Department has exempted small suitable devices. See response to previously in place in response to the aircraft and float planes from level comments regarding § 382.40a(c)(1) for small aircraft lift rule, will be sufficient boarding requirements. further detail. to meet the proposed requirements in 6. 49 CFR 27.72(c)(4) many situations. The Office of the 9. 49 CFR 27.72(d)(2) Secretary has prepared and placed in Comments: American Trans Air The comments and issues here are the docket a regulatory evaluation of the commented that it supports this identical to those discussed in final rule. provision and understands that it would § 382.40a(c)(2) earlier. See that section B. Executive Order 13132 (Federalism) be able to refuse transport for passengers for a discussion of comments and DOT with disabilities without jeopardy response. This final rule has been analyzed in according to § 382.21 (refusal of service) accordance with the principles and since hand-carrying is not an option. 10. 49 CFR 27.72(d)(3) criteria contained in Executive Order DOT Response: See response to Comments: One commenter expressed 13132 (‘‘Federalism’’). This final rule comments regarding § 382.40a(c)(5). his view that existing lifts on the market does not adopt any regulation that: (1) 7. 49 CFR 27.72(c)(5) will not accommodate widebody aircraft Has substantial direct effects on the States, the relationship between the Comments: American Trans Air and requested that the failure of airports to have lifts for widebodies on-site not national government and the States, or commented that it supports the the distribution of power and provision but believes the responsibility constitute non-compliance. Two commenters wrote that they were aware responsibilities among the various for maintaining the lifts and other levels of government; (2) imposes accessibility equipment should be of two companies that manufacture lifts that service large aircraft. substantial direct compliance costs on apportioned based on proportionate use State and local governments; or (3) DOT Response: See response to of the facility. preempts state law. Therefore, the comments regarding § 382.40a(c)(4). DOT Response: See response to consultation and funding requirements comments regarding § 382.40a(c)(6). 11. 49 CFR 27.72(d)(4) of Executive Order 13132 do not apply. 8. 49 CFR 27.72(d)(1) The comments and issues here are C. Executive Order 13084 Comments: One carrier commented identical to those discussed in This final rule has been analyzed in that it supports the provision but would § 382.40a(c)(5) earlier. See that section accordance with the principles and like the costs to be allocated between for a discussion of comments and DOT criteria contained in Executive Order operator and carrier based on response. 13084 (‘‘Consultation and Coordination proportionate use of facility. Two 12. 49 CFR 27.72(d)(5) with Indian Tribal Governments’’). commenters representing airports Because this final rule does not argued that airports must have The comments and issues here are significantly or uniquely affect the flexibility to: assess costs/charges for identical to those discussed in communities of the Indian tribal procurement and maintenance of lifts, § 382.40a(c)(6) earlier. See that section governments and does not impose require airlines to be responsible for for a discussion of comments and DOT substantial direct compliance costs, the training of all employees in the use of response. funding and consultation requirements lifts, establish basic safety and 13. 49 CFR 27.72(e) of Executive Order 13084 do not apply. insurance requirements before airlines can use lifts, and release the airports of Comments: American Trans Air D. Regulatory Flexibility Act liability if carriers do not follow these supported the provision that airports The Regulatory Flexibility Act (5 procedures. The Paralyzed Veterans of shall ensure that airport personnel U.S.C. 601 et seq.) requires an agency to America thought DOT should require involved in providing boarding review regulations to assess their impact copies of all contracts negotiated under assistance are trained. This commenter on small entities unless the agency this rule be submitted to DOT for review also requested that the Department determines that a rule is not expected to and made available to the public as a impose responsibility on the airports have a significant economic impact on means of ensuring compliance and where the carrier is not a frequent user a substantial number of small entities. determing the responsible party. The of the airport for ensuring that service/ We hereby certify that this final rule American Association of Airport contract providers are trained. The PVA will not have a significant economic Executives suggested adding ‘‘where recommended that the training impact on a substantial number of small level entry boarding is not otherwise requirements for personnel be stronger entities because the overall national
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annual costs are not great, few of the aircraft). Hand-carrying of passengers is existing boarding assistance device on aircraft covered by this rule are operated permitted only for emergency the market will accommodate the by small entities, and few of commercial evacuations. aircraft without a significant risk of service airports covered by this rule * * * * * serious damage to the aircraft or injury could properly be regarded as small 4. A new section 382.40a is added to to passengers or employees. entities. read as follows: (5) When level-entry boarding assistance is not required to be provided E. Paperwork Reduction Act § 382.40a Boarding assistance for large under paragraph (c)(4) of this section, or This rule imposes no new information aircraft. cannot be provided as required by reporting or record keeping (a) Paragraphs (b) and (c) of this paragraphs (b) and (c) of this section necessitating clearance by the Office of section apply to air carriers conducting (e.g., because of mechanical problems Management and Budget. passenger operations with aircraft with a lift), boarding assistance shall be having a seating capacity of 31 or more F. Unfunded Mandates Reform Act provided by any available means to passengers at airports with 10,000 or which the passenger consents, except The Department has determined that more annual enplanements, in any hand-carrying as defined in § 382.39 the requirements of Title II of the situation where passengers are not (a)(2). Unfunded Mandates Reform Act of 1995 boarded by level-entry loading bridges (6) The agreement shall ensure that all do not apply to this rulemaking. or accessible passenger lounges. lifts and other accessibility equipment (b) Carriers shall, in cooperation with List of Subjects are maintained in proper working the airports they serve, provide boarding condition. 14 CFR Part 382 assistance to individuals with (d) The training of carrier personnel Air carriers, Consumer protection, disabilities using mechanical lifts, required by § 382.61 shall include, for Individuals with disabilities, Reporting ramps, or other suitable devices that do those personnel involved in providing and recordkeeping requirements. not require employees to lift or carry boarding assistance, training to passengers up stairs. proficiency in the use of the boarding 49 CFR Part 27 (c) (1) Each carrier that does not assistance equipment used by the carrier Airports, Civil rights, Individuals provide passenger boarding by level- and appropriate boarding assistance with disabilities, Reporting and entry loading bridges or accessible procedures that safeguard the safety and recordkeeping requirements. passenger lounges shall negotiate in dignity of passengers. good faith with the airport operator at For the reasons set forth in the each airport concerning the acquisition 5. The authority citation for Part 27 preamble, 14 CFR part 382 and 49 CFR and use of boarding assistance devices. continues to read as follows: part 27 are amended as follows: The carrier(s) and the airport operator Authority: Sec. 504 of the Rehabilitation 1. The authority citation for 14 CFR shall, by no later than March 4, 2002, Act of 1973, as amended (29 U.S.C. 794); sec. part 382 is revised to read as follows: sign a written agreement allocating 16(a) and (d) of the Federal Transit Act of Authority: 49 U.S.C. 41702, 47105, and responsibility for meeting the boarding 1964, as amended (49 U.S.C. 5310(a) and (f); 41712. assistance requirements of this section sec. 165(b) of the Federal-Aid Highway Act of 1973, as amended (23 U.S.C. 142nt). 2. In 14 CFR Part 382, the term between or among the parties. The ‘‘handicapped person’’ or ‘‘handicapped agreement shall be made available, on 6. In 49 CFR part 27, § 27.72 is revised passenger’’ is revised to read request, to representatives of the to read as follows: ‘‘individual with a disability’’ wherever Department of Transportation. it occurs. The term ‘‘handicapped (2) The agreement shall provide that § 27.72 Boarding assistance for aircraft. persons’’ or ‘‘handicapped passengers’’ all actions necessary to ensure (a) Paragraphs (b)–(e) of this section is revised to read ‘‘individuals with a accessible boarding for passengers with apply to airports with 10,000 or more disability’’ whenever it occurs. disabilities are completed as soon as annual enplanements. 3. Section 382.39(a)(2) is revised to practicable, but no later than December (b) Airports shall, in cooperation with read as follows: 4, 2002. All air carriers and airport carriers serving the airports, provide operators involved are jointly boarding assistance to individuals with § 382.39 Provision of services and responsible for the timely and complete disabilities using mechanical lifts, equipment. implementation of the agreement. ramps, or other devices that do not * * * * * (3) Under the agreement, carriers may require employees to lift or carry (a) * * * require that passengers wishing to passengers up stairs. Paragraph (c) of (2) Boarding shall be by level-entry receive boarding assistance requiring this section applies to aircraft with a loading bridges or accessible passenger the use of a lift for a flight check in for seating capacity of 19 through 30 lounges, where these means are the flight one hour before the scheduled passengers. Paragraph (d) of this section available. Where these means are departure time for the flight. If the applies to aircraft with a seating unavailable, assistance in boarding passenger checks in after this time, the capacity of 31 or more passengers. aircraft with 30 or fewer passenger seats carrier shall nonetheless provide the (c) (1) Each airport operator shall shall be provided as set forth in boarding assistance by lift if it can do so negotiate in good faith with each carrier § 382.40, and assistance in boarding by making a reasonable effort, without serving the airport concerning the aircraft with 31 or more seats shall be delaying the flight. acquisition and use of boarding provided as set forth in § 382.40a. In no (4) Level-entry boarding assistance assistance devices for aircraft with a case shall carrier personnel hand-carry under the agreement is not required seating capacity of 19 through 30 a passenger in order to provide boarding with respect to float planes or with passengers. The airport operator and the or deplaning assistance (i.e., directly respect to any widebody aircraft carrier(s) shall, by no later than pick up the passenger’s body in the determined by the Department of September 2, 1997, sign a written arms of one or more carrier personnel to Transportation to be unsuitable for agreement allocating responsibility for effect a change of level that the boarding assistance by lift, ramp, or meeting the boarding assistance passenger needs to enter or leave the other device on the basis that no requirements of this section between or
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among the parties. The agreement shall are maintained in proper working assistance, the airport shall ensure that be made available, on request, to condition. they are trained to proficiency in the use representatives of the Department of (d)(1) Each airport operator shall of the boarding assistance equipment Transportation. negotiate in good faith with each carrier used at the airport and appropriate (2) The agreement shall provide that serving the airport concerning the boarding assistance procedures that all actions necessary to ensure acquisition and use of boarding safeguard the safety and dignity of accessible boarding for passengers with assistance devices for aircraft with a passengers. seating capacity of 31 or more disabilities are completed as soon as Issued this 27th day of April 2001 at practicable, but no later than December passengers where level entry boarding is Washington, DC. not otherwise available. The airport 2, 1998, at large and medium Norman Y. Mineta, operator and the carrier(s) shall, by no commercial service hub airports (those Secretary of Transportation. with 1,200,000 or more annual later than March 4, 2002 sign a written [FR Doc. 01–11201 Filed 5–1–01; 10:22 am] enplanements); December 2, 1999, for agreement allocating responsibility for small commercial service hub airports meeting the boarding assistance BILLING CODE 4910–62–P (those with between 250,000 and requirements of this section between or 1,199,999 annual enplanements); or among the parties. The agreement shall December 2, 2000, for non-hub be made available, on request, to representatives of the Department of DEPARTMENT OF HEALTH AND commercial service primary airports HUMAN SERVICES (those with between 10,000 and 249,999 Transportation. (2) The agreement shall provide that annual enplanements). All air carriers Food and Drug Administration and airport operators involved are all actions necessary to ensure jointly responsible for the timely and accessible boarding for passengers with disabilities are completed as soon as 21 CFR Parts 510, 520, 522, 524, 529, complete implementation of the and 558 agreement. practicable, but no later than December (3) Boarding assistance under the 4, 2002. All air carriers and airport Animal Drugs, Feeds, and Related agreement is not required in the operators involved are jointly Products; Tylosin Tartrate for following situations: responsible for the timely and complete Injection, etc.; Withdrawal of Approval implementation of the agreement. (i) Access to aircraft with a capacity of NADAs (3) Level-entry boarding assistance of fewer than 19 or more than 30 seats; under the agreement is not required (ii) Access to float planes; AGENCY: Food and Drug Administration, with respect to float planes or with HHS. (iii) Access to the following 19-seat respect to any widebody aircraft capacity aircraft models: the Fairchild determined by the Department of ACTION: Final rule. Metro, the Jetstream 31, and the Beech Transportation to be unsuitable for 1900 (C and D models); boarding assistance by lift, ramp, or SUMMARY: The Food and Drug (iv) Access to any other 19-seat other device on the basis that no Administration (FDA) is amending the aircraft model determined by the existing boarding assistance device on animal drug regulations by removing Department of Transportation to be the market will accommodate the those portions that reflect approval of 13 unsuitable for boarding assistance by aircraft without a significant risk of new animal drug applications (NADAs) lift, ramp or other suitable device on the serious damage to the aircraft or injury listed below. In a notice published basis of a significant risk of serious to passengers or employees. elsewhere in this issue of the Federal damage to the aircraft or the presence of (4) When level-entry boarding Register, FDA is withdrawing approval internal barriers that preclude assistance is not required to be provided of the NADAs. passengers who use a boarding or aisle under paragraph (d)(3) of this section, or DATES: This rule is effective May 14, chair to reach a non-exit row seat. cannot be provided as required by 2001. (4) When boarding assistance is not paragraphs (b) and (d) of this section required to be provided under (e.g., because of mechanical problems FOR FURTHER INFORMATION CONTACT: paragraph (c)(3) of this section, or with a lift), boarding assistance shall be Pamela K. Esposito, Center for cannot be provided as required by provided by any available means to Veterinary Medicine (HFV–210), Food paragraphs (b) and (c) of this section which the passenger consents, except and Drug Administration, 7500 Standish (e.g., because of mechanical problems hand-carrying as defined in 14 CFR Pl., Rockville, MD 20855, 301–827– with a lift), boarding assistance shall be 382.39(a)(2). 5593. provided by any available means to (5) The agreement shall ensure that all which the passenger consents, except lifts and other accessibility equipment SUPPLEMENTARY INFORMATION: The hand-carrying as defined in 14 CFR are maintained in proper working following sponsors have requested that 382.39(a)(2). condition. FDA withdraw approval of the NADAs (5) The agreement shall ensure that all (e) In the event that airport personnel listed below because the products are no lifts and other accessibility equipment are involved in providing boarding longer manufactured or marketed:
21 CFR Cite Affected Sponsor NADA Number Product (Drug) (Sponsor Drug Labeler Code)
Elanco Animal Health, A Div. of Eli Lilly & NADA 12–585 Tylan Injectable (tylosin tartrate) .... 522.2640b (000986) Co., Lilly Corporate Center, Indianapolis, IN 46285. NADA 15–207 Hyferdex Injection (iron dextran 522.1183(c) (000986) complex). NADA 30–330 Tylocine Sulfa Tablets (sulfa- not applicable diazine, sulfamerazine, sulfamethazine, tylosin).
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21 CFR Cite Affected Sponsor NADA Number Product (Drug) (Sponsor Drug Labeler Code)
NADA 31–962 Tylan plus Neomycin Eye Powder 524.2640 (000986) (neomycin sulfate, tylosin). NADA 40–123 Toptic Ointment (cephalonium, 524.321 (000986) flumethasone, iodochlorhydroxyquin, piperocaine hydrochloride, polymyxin B sulfate). NADA 47–092 Tribodine (ticarbodine) ...... 520.2460a (000986) NADA 47–353 Ferti-Cept (chorionic gonadotropin) 522.1081(b) (000986) NADA 92–602 Cephalothin Discs (cephaloridine) .. 529.360 (000986) NADA 96–678 Tribodine Capsules (ticarbodine) .... 520.2460b (000986) Bioproducts, Inc., 320 Springside Dr., suite NADA 93-518 Tylan 10 Plus (tylosin phosphate) 558.625(b)(2) (051359) 300, Fairlawn, OH 44333–2435. Young’s, Inc., Roaring Spring, PA 16673 ..... NADA 96–162 Hog Grow-R-Mix-4000, Hog Grow- 558.625(b)(13) (035393) R-Mix-800 (tylosin phosphate). Veterinary Laboratories, Inc., 12340 Santa NADA 42–889 Oxytocin Injection (oxytocin) ...... 522.1680(b) (000857) Fe Dr., Lenexa, KS 66215. Webel Feeds, Inc., Pittsfield, IL 62363 ...... NADA 116–196 Webel Tylan Premix (tylosin phos- 558.625(b)(73) (035098) phate).
Following the withdrawal of approval § 510.600 [Amended] § 522.1680 [Amended] of these NADAs, Young’s, Inc., is no 2. Section 510.600 Names, addresses, 10. Section 522.1680 Oxytocin longer the sponsor of any approved and drug labeler codes of sponsors of injection is amended in paragraph (b) by applications. Therefore, 21 CFR approved applications is amended in removing ‘‘000857,’’. 510.600(c) is amended to remove the the table in paragraph (c)(1) by § 522.2640b [Removed] entries for the sponsor. removing the entry for ‘‘Young’s, Inc.’’, Elanco Animal Health’s NADA 30– 11. Section 522.2640b Tylosin tartrate and in the table in paragraph (c)(2) by for injection is removed. 330 Tylocine Sulfa Tablets is not removing the entry ‘‘035393’’. codified in 21 CFR part 520. Therefore, PART 524—OPHTHALMIC AND an amendment to the regulations for this PART 520—ORAL DOSAGE FORM TOPICAL DOSAGE FORM NEW withdrawal is not required. NEW ANIMAL DRUGS ANIMAL DRUGS As provided below, the animal drug regulations are amended to reflect the 3. The authority citation for 21 CFR 12. The authority citation for 21 CFR withdrawal of approvals. part 520 continues to read as follows: part 524 continues to read as follows: This rule does not meet the definition Authority: 21 U.S.C. 360b. Authority: 21 U.S.C. 360b. of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because it is a rule of ‘‘particular applicability.’’ § 520.2460 [Removed] § 524.321 [Removed] Therefore, it is not subject to the 4. Section 520.2460 Ticarbodine oral 13. Section 524.321 Cephalonium, congressional review requirements in 5 dosage forms is removed. polymyxin B sulfate, flumethasone, U.S.C. 801–808. iodochlorhydroxyquin, piperocaine § 520.2460a [Removed] hydrochloride topical-otic ointment is List of Subjects 5. Section 520.2460a Ticarbodine removed. 21 CFR Part 510 tablets is removed. § 524.2640 [Removed] Administrative practice and § 520.2460b [Removed] 14. Section 524.2640 Tylosin, procedure, Animal drugs, Labeling, neomycin eye powder is removed. Reporting and recordkeeping 6. Section 520.2460b Ticarbodine requirements. capsules is removed. PART 529—CERTAIN OTHER DOSAGE FORM NEW ANIMAL DRUGS 21 CFR Parts 520, 522, 524, and 529 PART 522—IMPLANTATION OR 15. The authority citation for 21 CFR Animal drugs. INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS part 529 continues to read as follows: 21 CFR Part 558 Authority: 21 U.S.C. 360b. 7. The authority citation for 21 CFR Animal drugs, Animal feeds. part 522 continues to read as follows: § 529.360 [Removed] Therefore, under the Federal Food, Authority: 21 U.S.C. 360b. 16. Section 529.360 Cephalothin discs Drug, and Cosmetic Act and under is removed. authority delegated to the Commissioner § 522.1081 [Amended] of Food and Drugs and redelegated to PART 558—NEW ANIMAL DRUGS FOR the Center for Veterinary Medicine, 21 8. Section 522.1081 Chorionic USE IN ANIMAL FEEDS CFR parts 510, 520, 522, 524, 529, and gonadotropin for injection; chorionic 558 are amended as follows: gonadotropin suspension is amended by 17. The authority citation for 21 CFR removing and reserving paragraph (b). part 558 continues to read as follows: PART 510—NEW ANIMAL DRUGS § 522.1183 [Amended] Authority: 21 U.S.C. 360b, 371. 1. The authority citation for 21 CFR 9. Section 522.1183 Iron § 558.625 [Amended] part 510 continues to read as follows: hydrogenated dextran injection is 18. Section 558.625 Tylosin is Authority: 21 U.S.C. 321, 331, 351, 352, amended by removing and reserving amended by removing and reserving 353, 360b, 371, 379e. paragraph (c). paragraphs (b)(2), (b)(13), and (b)(73).
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Dated: April 23, 2001. congressional review requirements in 5 PART 522—IMPLANTATION OR Linda Tollefson, U.S.C. 801–808. INJECTABLE DOSAGE FORM NEW Deputy Director, Center for Veterinary ANIMAL DRUGS Medicine. List of Subjects 3. The authority citation for 21 CFR [FR Doc. 01–11070 Filed 5–2–01; 8:45 am] 21 CFR Part 510 part 522 continues to read as follows: BILLING CODE 4160–01–S Administrative practice and Authority: 21 U.S.C. 360b. procedure, Animal drugs, Labeling, DEPARTMENT OF HEALTH AND Reporting and recordkeeping § 522.2120 [Amended] HUMAN SERVICES requirements. 4. Section 522.2120 Spectinomycin dihydrochloride injection is amended in Food and Drug Administration 21 CFR Part 522 paragraph (b) by removing ‘‘Nos. 000033 and 059130’’ and adding in its place Animal drugs. 21 CFR Parts 510, 522, and 558 ‘‘No. 059130’’. 21 CFR Part 558 Animal Drugs, Feeds, and Related PART 558—NEW ANIMAL DRUGS FOR Products; Technical Amendments Animal drugs, Animal feeds. USE IN ANIMAL FEEDS
AGENCY: Food and Drug Administration, Therefore, under the Federal Food, 5. The authority citation for 21 CFR HHS. Drug, and Cosmetic Act and under part 558 continues to read as follows: ACTION: Final rule; technical authority delegated to the Commissioner Authority: 21 U.S.C. 360b, 371. amendment. of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 § 558.274 [Amended] SUMMARY: The Food and Drug CFR parts 510, 522, and 558 are 6. Section 558.274 Hygromycin B is Administration (FDA) is updating the amended as follows: amended by removing and reserving animal drug regulations to reflect paragraph (a)(5); by removing ‘‘011790 changes to previously approved new PART 510—NEW ANIMAL DRUGS and’’ in paragraph (a)(7); and by animal drug applications (NADAs). removing ‘‘026186,’’ from the ‘‘Sponsor’’ Several sponsors currently listed as 1. The authority citation for 21 CFR column in the table in paragraphs sponsors of approved applications and part 510 continues to read as follows: (c)(1)(i) and (c)(1)(ii). specified in the animal drug approval Authority: 21 U.S.C. 321, 331, 351, 352, § 558.625 [Amended] regulations are incorrect. This action is 353, 360b, 371, 379e. being taken to improve the accuracy of 7. Section 558.625 Tylosin is the regulations. § 510.600 [Amended] amended by removing and reserving paragraphs (b)(16), (b)(19), and (b)(34), DATES: This rule is effective May 3, 2. Section 510.600 Names, addresses, 2001. and in paragraph (b)(79) by removing and drug labeler codes of sponsors of ‘‘012286’’ and adding in its place FOR FURTHER INFORMATION CONTACT: approved applications is amended in ‘‘017519’’. George K. Haibel, Center for Veterinary the table in paragraph (c)(1) by Medicine (HFV–6), Food and Drug removing the entries for ‘‘Albion § 558.630 [Amended] Administration, 7519 Standish Pl., Laboratories, Inc.’’, ‘‘Balfour Guthrie & 8. Section 558.630 Tylosin and Rockville, MD 20855, 301–827–4567. Co.’’, ‘‘Diamond Shamrock Corp.’’, sulfamethazine is amended in SUPPLEMENTARY INFORMATION: FDA has ‘‘DuPont Merck Pharmaceutical Co.’’, paragraph (b)(8) by removing ‘‘, found several errors in the agency’s ‘‘Farmers Feed & Supply Co.’’, 026186’’. regulations concerning approval of ‘‘Franklin Laboratories, Inc.’’, ‘‘Gland-O- Dated: April 23, 2001. animal drugs, feeds, and related Lac Co.’’, ‘‘Michael Gordon, Inc.’’, Linda Tollefson, products including the list of sponsors ‘‘Henwood Feed Additives’’, ‘‘Heska Deputy Director, Center for Veterinary of approved applications. To correct Corp.’’, ‘‘Hubbard Milling Co.’’, Medicine. those errors, FDA is amending 21 CFR ‘‘Lemmon Co.’’, ‘‘Mattox & Moore, Inc.’’, [FR Doc. 01–11158 Filed 5–2–01; 8:45 am] ‘‘McClellan Laboratories, Inc.’’, ‘‘Nixon 510.600(c)(1) and (c)(2) to remove 28 BILLING CODE 4160–01–S sponsor names and their corresponding and Co.’’, ‘‘Osborn Laboratories, Inc.’’, drug labeler codes (DLCs) because the ‘‘Peter Hand Foundation’’, ‘‘Premier Malt Products, Inc.’’, ‘‘Protein Blenders, firms are no longer the holders of any DEPARTMENT OF THE INTERIOR approved NADAs. This document is Inc.’’, ‘‘The Rath Packing Co.’’, ‘‘Rhone also amending the animal drug approval Merieux Canada, Inc.’’, ‘‘Shell Chemical Bureau of Indian Affairs regulations by correcting nonsubstantive Co.’’, ‘‘Square Deal Fortification Co.’’, DLC errors in 21 CFR 522.2120, 558.274, ‘‘Sterling Winthrop, Inc.’’, ‘‘Syntex 25 CFR Part 11 558.625, and 558.630. Animal Health, Inc.’’, ‘‘V.P.O., Inc.’’, Publication of this document ‘‘Vet-A-Mix, Inc.’’, and ‘‘Westchester RIN 1076–AE15 constitutes final action on these changes Veterinary Products, Inc.’’, and in the Law and Order on Indian Reservations under the Administrative Procedure Act table in paragraph (c)(2) by removing (5 U.S.C. 553). Notice and public the entries for ‘‘000033, 000056, 000693, AGENCY: Bureau of Indian Affairs, procedure are unnecessary because FDA 000934, 010290, 010290, 011461, Interior. is merely correcting nonsubstantive 011485, 011789, 012190, 012487, ACTION: Temporary final rule and errors. 025001 026186, 027863, 028260, request for comments. This rule does not meet the definition 032707, 033999, 036108, 043728, of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 043729, 043732, 043735, 043737, SUMMARY: The Bureau of Indian Affairs it is a rule of ‘‘particular applicability.’’ 043738, 043743, 043744, 047015, (BIA) is amending its regulations Therefore, it is not subject to the 049047, and 063604’’. contained in 25 CFR Part 11 to add the
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Santa Fe Indian School property (2) Exclusions—The excluded tracts Probate Proceedings; Subpart I— (Southwest Region, New Mexico) to the described in this paragraph are all portions Children’s Court; and Subpart K— listing of courts of Indian offenses. This of any tracts heretofore conveyed by the Minor-in-Need-of-Care Procedure. amendment will establish a Court of deeds recorded in the Office of the Clerk, Santa Fe County, New Mexico, at— Determination To Issue a Final Rule Indian Offenses for a period not to exceed one year. It is necessary to (A) Book 114, Page 106, containing 0.518 The Department has determined that acres, more or less; the public notice and comment establish a Court of Indian Offenses (B) Book 122, Page 45, containing 0.238 with jurisdiction over the Santa Fe provisions of the Administrative acres, more or less; Procedure Act, 5 U.S.C. 553(b), do not Indian School property in order to (C) Book 123, Page 228, containing 14.95, protect lives and property. more or less; and apply because of the good cause DATES: Effective Date: This rule is (D) Book 130, Page 84, containing 0.227 exception under 5 U.S.C. 553(b)(3)(B), effective on May 3, 2001 and expires on acres, more or less, which allows the agency to suspend the May 1, 2002. leaving, as the net acreage to be included in notice and public procedure when the Comments Date: Comments must be the land described in paragraph (1) and taken agency finds for good cause that those received on or before July 2, 2001. into trust pursuant to subsection (a), a tract requirements are impractical, containing 115.5 acres, more or less. ADDRESSES: Send comments on this rule unnecessary and contrary to the public Limitations and Conditions—The land taken to Ralph Gonzales, Office of Tribal interest. This amendment will establish into trust pursuant to subsection (a) shall a provisional Court of Indian Offenses Services, Bureau of Indian Affairs, 1849 remain subject to— C Street NW., MS 4660, Washington, DC for the Santa Fe Indian School property (1) Any existing encumbrances, rights of and Indian Hospital, New Mexico, that 20240. way, restrictions, or easements of record; was placed in trust for the benefit of the FOR FURTHER INFORMATION CONTACT: Iris (2) The right of the Indian Health Service 19 Pueblos. If this provisional court is A. Drew, Tribal Government Officer, to continue use and occupancy of 10.23 acres not established, there is a potential risk Southwest Regional Office, Bureau of of such land which are currently occupied by the Santa Fe Indian Hospital and its parking to public safety and a further risk of Indian Affairs, 615 First Street NW., facilities as more fully described as Parcel significant financial liability to the Albuquerque, NM 87125–6567, at (505) ‘‘A’’ in legal description No. Pd–K–51–06–01 Federal Government from a lawsuit for 346–7592; or Ralph Gonzales, Branch of and recorded as Document No. 059–3–778, failure to execute diligently its trust Judicial Services, Office of Tribal Bureau of Indian Affairs Land Title & responsibility and provide adequate law Services, Bureau of Indian Affairs, 1849 Records Office, Albuquerque, New Mexico; enforcement on trust land. Delaying this C Street NW., MS 4660 Washington, DC and rule to solicit public comment through 20240, at (202) 208–4401. (3) The right of the United States to use, without cost, additional portions of land the proposed rulemaking process would SUPPLEMENTARY INFORMATION: The transferred pursuant to this section, which thus be contrary to the public interest. authority to issue this rule is vested in are contiguous to the land described in Determination To Make Rule Effective the Secretary of the Interior by 5 U.S.C. paragraph (2), for purposes of the Indian 301 and 25 U.S.C. 2 and 9; and 25 Health Service. Immediately U.S.C. 13, which authorizes Id. at §§ 823(b)–(c). We are making the rule effective on appropriations for ‘‘Indian judges.’’ See the date of publication in the Federal Tillett v. Hodel, 730 F.Supp. 381 (W.D. A provisional Court of Indian Register as allowed under the good Okla. 1990), aff’d 931 F.2d 636 (10th Offenses must be established for the cause exception in 5 USC 553(d)(3). Cir. 1991) United States v. Clapox, 13 Santa Fe Indian School and Indian Delaying the effective date of this rule Sawy. 349, 35 F. 575 (D.Ore. 1888). This Hospital to protect the lives, persons, is unnecessary and contrary to the rule is published in exercise of the and property of people residing at and public interest because there is a critical rulemaking authority delegated by the attending or visiting the school and need to expedite establishment of this Secretary of the Interior to the Assistant hospital, until the 19 Pueblos establish Court of Indian Offenses. There is now Secretary—Indian Affairs. a tribal court or otherwise request a CFR a void in law enforcement at the Santa On December 27, 2000, Congress Court to exercise criminal jurisdiction. Fe Indian School and Indian Hospital passed the Omnibus Indian This court shall function for a period and an increase in visitors to the Advancement Act of 2000, Public Law not to exceed one year. Judges of the grounds of these facilities is imminent. 106–568, 114 Stat. 2868. Section 823(a) Court of Indian Offenses shall be For these reasons, an immediate of that Act places the Santa Fe Indian authorized to exercise all the authority effective date is in the public interest School property and the Indian Hospital provided under 25 CFR part 11 and in the interest of the Pueblos. in ‘‘trust for the benefit of the 19 including: Subpart D—Criminal Accordingly, this amendment is issued Pueblos of New Mexico,’’ which Offenses; Subpart H—Appellate as a final rule effective immediately. establishes federal Indian criminal Proceedings; Subpart J—Juvenile We invite comments on any aspect of jurisdiction over the Santa Fe Indian Offender Procedure; issuance of arrest this rule and we will revise the rule if School and Indian Hospital grounds to and search warrants pursuant to 25 CFR comments warrant. Send comments on wit: 11.302 and 11.305 and the Indian Law this rule to the address in the ADDRESSES In general—The land described in this Enforcement Reform Act, 25 U.S.C. section. subsection is the tract of land, located in the 2803(2) (1998). BIA officials had already city and county of Santa Fe, New Mexico, begun to set up a provisional Court of Regulatory Planning and Review upon which the Santa Fe Indian School is Indian Offenses pursuant to 25 CFR (Executive Order 12866) located and more particularly described as all 11.100(a) for the Southwest Region to In accordance with the criteria in that certain real property, excluding the address this law enforcement need. This Executive Order 12866, this rule is not tracts described in paragraph (2), as shown in final rule is intended to establish a a significant regulatory action. OMB the United Sates General Land Office Plat of provisional Court of Indian Offenses. the United States Indian School Tract dated makes the final determination under March 19, 1937, and recorded at Book 363, This court will not be exercising the Executive Order 12866. Page 024, Office of the Clerk, Santa Fe following authority under 25 CFR part a. This rule will not have an annual County, New Mexico, containing a total 11: Subpart E—Civil Actions; Subpart economic effect of $100 million or acreage of 131.43 acres, more or less. F—Domestic Relations; Subpart G— adversely affect an economic sector,
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productivity, jobs, the environment, or Small Business Regulatory Enforcement takings implications. A takings other units of government. A cost- Fairness Act implication assessment is not required. benefit and economic analysis is not This rule is not a major rule under 5 The amendment to 25 CFR part required. The establishment of this U.S.C. 804(2), the Small Business 11.100(a) will establish a Court of Court of Indian Offenses is estimated to Regulatory Enforcement Fairness Act. Indian Offences with limited criminal cost less than $200,000 annually to This rule: jurisdiction over Indians within a operate. The cost associated with the a. Does not have an annual effect on limited geographical area at Santa Fe, operation of this court will be shared the economy of $100 million or more. New Mexico. Accordingly, there will be among the Office of Indian Education, The establishment of this Court of no jurisdictional basis for to adversely affect any property interest because the the Bureau of Indian Affairs, and Indian Indian Offenses is estimated to cost less court’s jurisdiction is solely personal Health Service. than $200,000 annually to operate. The cost associated with the operation of jurisdiction over Indians. b. This rule will not create this court will be shared among the Federalism (Executive Order 13132) inconsistencies with other agencies’ Office of Indian Education, the Bureau actions. The Department of the Interior of Indian Affairs, and Indian Health In accordance with Executive Order through the Bureau of Indian Affairs has Service. 13132, the rule does not have significant the sole responsibility and authority to b. Will not cause a major increase in Federalism effects. A Federalism establish Courts of Indian Offenses on costs or prices for consumers, assessment is not required. The Solicitor Indian reservations. individual industries, Federal, State, or found that authority to rest principally local government agencies, or in the statutes placing supervision of the c. This rule will not materially affect Indians in the Secretary of the Interior, entitlements, grants, user fees, loan geographic regions. This is a court established specifically for the 25 U.S.C. 2 and 9; and 25 U.S.C. 13, programs, or the rights and obligations which authorizes appropriations for of their recipients. The establishment of administration of misdemeanor justice for Indians located within the ‘‘Indian judges.’’ The United States this Court of Indian Offences will not boundaries of the Santa Fe Indian Supreme Court recognized the authority affect any program rights of the nineteen School, New Mexico and will not have of the Secretary to promulgate Pueblos. Its primary function will be to any cost or price impact on any other regulations with respect to Courts of administer justice for misdemeanor entities in the geographical region. Indian Offenses in United States v. offenses within the Santa Fe Indian c. Does not have significant adverse Clapox, 35 F. 575 (D.Ore. 1888). School grounds. The court’s jurisdiction effects on competition, employment, Civil Justice Reform (Executive Order will be limited to criminal offense investment, productivity, innovation, or 12988) provided in 25 CFR part 11. the ability of U.S.-based enterprises to compete with foreign-based enterprises. In accordance with Executive Order d. This rule will not raise novel legal 12988, the Office of the Solicitor has or policy issues. The Solicitor analyzed This is a court established specifically for the administration of misdemeanor determined that the rule does not and upheld the Department of the unduly burden the judicial system and Interior’s authority to establish Courts of justice for Indians located within the boundaries of the Santa Fe Indian meets the requirements of sections 3(a) Indian Offenses in a memorandum and 3(b)(2) of the Order. The Solicitor dated February 28, 1935. The Solicitor School, New Mexico, and will not have an adverse impact on competition, analyzed and upheld the Department of found that authority to rest principally the Interior’s authority to establish in the statutes placing supervision of the investment, productivity, innovation, or the ability of U.S.-based enterprises to Courts of Indian Offenses in a Indians in the Secretary of the Interior, compete with foreign-based enterprises. memorandum dated February 28, 1935. 25 U.S.C. 2 and 9, and 25 U.S.C. 13, The Solicitor found that authority to rest which authorizes appropriations for Unfunded Mandates Reform Act principally in the statutes placing ‘‘Indian judges.’’ The United States In accordance with the Unfunded supervision of the Indians in the Supreme Court recognized the authority Mandates Reform Act (2 U.S.C. 1501 et Secretary of the Interior, 25 U.S.C. 2 and of the Secretary to promulgate seq.): 9; and 25 U.S.C. 13, which authorizes regulations with respect to Courts of a. This rule will not ‘‘significantly or appropriations for ‘‘Indian judges.’’ The Indian Offenses in United States v. uniquely’’ affect small governments. A United States Supreme Court recognized Clapox, 35 F. 575 (D.Ore. 1888). Small Government Agency Plan is not the authority of the Secretary to required. The establishment of this promulgate regulations with respect to Regulatory Flexibility Act Court of Indian Offences will not have Courts of Indian Offenses in United The Department of the Interior, BIA, jurisdiction to affect any rights of the States v. Clapox, 35 F. 575 (D.Ore. certifies that this rule will not have a small governments. Its primary function 1888). Part 11 also requires the significant economic effect on a will be to administer justice for establishment of an appeals court; hence substantial number of small entities as misdemeanor offenses within the Santa the judicial system defined in Executive Order 12988 will not normally be defined under the Regulatory Flexibility Fe Indian School grounds. Its involved in this judicial process. Act (5 U.S.C. 601 et seq.). An initial jurisdiction will be limited to criminal offense provided in 25 CFR part 11. Regulatory Flexibility Analysis is not Paperwork Reduction Act b. This rule will not produce a required. Accordingly, a Small Entity Federal mandate of $100 million or This regulation does not require an Compliance Guide is not required. The greater in any year; i.e., it is not a information collection under the amendment to 25 CFR part 11.100(a) ‘‘significant regulatory action’’ under Paperwork Reduction Act. The will establish a Court of Indian Offences the Unfunded Mandates Reform Act. information collection is not covered by with limited criminal jurisdiction over an existing OMB approval. An OMB Indians within a limited geographical Takings Implication Assessment form 83–I has not been prepared and area at Santa Fe, New Mexico. (Executive Order 12630) has not been approved by the Office of Accordingly, there will be no impact on In accordance with Executive Order Policy Analysis. No information is being any small entities. 12630, the rule does not have significant collected as a result of this court
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exercising its limited criminal 2. Section 11.100 is amended by Regulatory Information misdemeanor jurisdiction over Indians adding new paragraph (a)(14) to read as In order to protect the interests of within the exterior boundaries of the follows: national security, and in accordance Santa Fe Indian School, New Mexico. § 11.100 Listing of Courts of Indian with the Presidential Directive of Jan 31, National Environmental Policy Act Offenses. 2000, the President has directed the (a) * * * conduct of Navy Training at the Atlantic We have analyzed this rule in (14) Santa Fe Indian School Property, Fleet Weapons Training Facility on accordance with the criteria of the including the Santa Fe Indian Health Vieques Island, PR. Immediate action is National Environmental Policy Act and Hospital (land in trust for the 19 needed to ensure the uninterrupted use 516 DM. This rule does not constitute a Pueblos of New Mexico). by the U.S. Navy of the Training Facility major Federal action significantly on Vieques, including the adjacent land * * * * * affecting the quality of the human and waters, and to protect that facility environment. An environmental impact Dated: April 27, 2001. from destruction or injury. The Coast statement/assessment is not required. James H. McDivitt, Guard is promulgating the security zone The establishment of this Court of Deputy Assistant Secretary—Indian Affairs regulations to prevent interference with Indian Offenses conveys personal (Management). the conduct of the Navy’s exercises for jurisdiction over the criminal [FR Doc. 01–11086 Filed 5–2–01; 8:45 am] the duration of the security zone. As a misdemeanor actions of Indians with BILLING CODE 4310–02–P result, the enforcement of the security the exterior boundaries of the Santa Fe zone is a function directly involved in, Indian School and does not have any and necessary to, the Navy training impact of the environment. DEPARTMENT OF TRANSPORTATION exercise. Accordingly, based on the Government-to-Government military function exception set forth in Coast Guard Relationship With Tribes the Administrative Procedure Act, 5 U.S.C. 553(a)(1), notice and comment In accordance with the President’s 33 CFR Part 165 rule-making and advance publication, memorandum of April 29, 1994, [CGD07–01–033] pursuant to 5 U.S.C. 553(b) and (d), are ‘‘Government-to-Government Relations not required for this regulation. with Native American Tribal RIN 2115—AA97 Even if the requirements of 5 U.S.C. Governments’’ (59 FR 22951) and 512 553 would otherwise be applicable, the Security Zone; Vicinity of Atlantic Fleet DM 2, we have evaluated potential Coast Guard for good cause finds that, Weapons Training Facility, Vieques, effects on federally recognized Indian under 5 U.S.C. 553(b)(B) and (d)(3), PR and Adjacent Territorial Sea tribes and have determined that there notice and public comment on the rule are no potential effects. The amendment AGENCY: Coast Guard, DOT. before the effective date of the rule and advance publication are impracticable to 25 CFR part 11.100(a) does not apply ACTION: Temporary final rule. to any of the 558 federally recognized and contrary to the public interest. tribes, except the 19 Pueblos in New SUMMARY: At the request of the U.S. There is an imminent need to use the Mexico that have requested the Navy, the Coast Guard is establishing a naval installation bombing and gunnery establishment of the provisional Court temporary security zone covering the range and the adjacent waters for of Indian Offences until they establish a area of territorial sea and land adjacent ongoing scheduled exercises by the tribal court to provide for a law and to the bombing and gunnery range Navy which further the national order code and judicial system to deal (Impact Area) at the naval installation security interests of the United States. with law and order on the trust land at on the eastern end of Vieques Island, Opportunity for notice and public Santa Fe Indian School. The Department Puerto Rico. The security zone is comment or advance publication of the of the Interior, in establishing this needed to protect the bombing and zone was impracticable since the Navy provisional court, is fulfilling its trust gunnery range, and adjacent land and did not request the establishment of the responsibility and complying with the waters at the Navy’s Atlantic Fleet zone until April 26, 2001. This unique government-to-government Weapons Training Facility on Vieques regulation is geographically and relationship that exists between the Island, PR, to ensure against temporally tailored to meet the needs of Federal Government and Indian tribes. destruction, injury, or loss of national security with a minimal burden uninterrupted use. Only authorized on the public. List of Subjects in 25 CFR Part 11 vessels are permitted to enter or remain Background and Purpose Courts, Indians-Law, Law within the security zone. The Atlantic Fleet Weapons Training enforcement, Penalties. DATES: This rule is effective from 3 p.m., Facility is located on the eastern end of April 26, 2001 until 11:59 p.m., April For the reasons stated in the Vieques Island, PR. Use of this naval 30, 2001. preamble, we are amending part 11, installation is important to achieving chapter I of title 25 of the Code of ADDRESSES: Documents indicated in this acceptable levels of military readiness Federal Regulations, as set forth below. preamble as being available in the in accordance with established training This amendment is effective from May docket, are part of docket [CGD07–01– standards and requires training 3, 2001 to May 1, 2002. 033] and are available for inspection or exercises conducted with inert copying at the Seventh Coast Guard ordnance. Such training exercises PART 11—LAW AND ORDER ON District office, 909 S.E. First Avenue, cannot be safely or effectively INDIAN RESERVATIONS Room 918, Miami, FL, 33131, between conducted if there are unauthorized 9 a.m. and 5 p.m., Monday through persons inside the training areas or if 1. The authority citation for part 11 Friday, except Federal holidays. the installation is damaged or personnel continues to read as follows: FOR FURTHER INFORMATION CONTACT: are injured. The U.S. Army Corps of Authority: R.S. 463; 25 U.S.C. 2, 38 Stat. LTJG Brian DeVries at (305) 415–6950. Engineers has established a danger zone 586; 25 U.S.C. 200, unless otherwise noted. SUPPLEMENTARY INFORMATION: in the vicinity of the bombing and
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gunnery target area, 33 CFR 334.1470, Vessels or persons violating this shore, the zone will be in effect only for that is in effect during these training section are subject to the penalties set a limited amount of time. exercises. The Army Corps has also forth in 50 U.S.C. 192 and 18 U.S.C. Assistance for Small Entities established a restricted area off the coast 3571: seizure and forfeiture of the of the naval facility, 33 CFR 334.1480. vessel, a monetary penalty of not more Under section 213(a) of the Small In order to further the interests of than $250,000, and imprisonment for Business Regulatory Enforcement national security, and in accordance not more than 10 years. Fairness Act of 1996 (Pub. L. 104–121), with the Presidential directive of we will assist small entities in Regulatory Evaluation January 31, 2000, the President has understanding this rule and how it directed the conduct of Navy Training at This rule is not a ‘‘significant affects them. Small entities may call the the Atlantic Fleet Weapons Training regulatory action’’ under section 3(f) of person identified in FOR FURTHER Facility on Vieques Island, Puerto Rico. Executive Order 12866 and does not INFORMATION CONTACT. During the current exercises, the require an assessment of potential costs restricted area and danger zone have not and benefits under section 6(a)(3) of that Collection of Information provided the degree of security required Order. The Office of Management and This rule calls for no new collection for the naval facility. These operations Budget has not reviewed it under that of information under the Paperwork cannot be conducted if unauthorized Order. It is not ‘‘significant’’ under the Reduction Act of 1995 (44 U.S.C. 3501– personnel or vessels are present inside regulatory policies and procedures of 3520). the security zone. Therefore, to ensure the Department of Transportation (DOT) against the destruction, injury or loss of (44 FR 11040, February 26, l979). Federalism uninterrupted use of the naval Although the security zone covers an We have analyzed this rule under installation at Vieques, including the area out to three miles from shore, the Executive Order 13132 and have adjacent land and waters, the Coast zone will be in effect for a limited determined that this rule does not have Guard is establishing this security zone. amount of time. The vessel traffic in the implications for federalism under that The Coast Guard previously area normally consists of a small Order. established a similar security zone (65 number of commercial fishing vessels FR 25489) around the Atlantic Fleet and other vessels transiting the area. Unfunded Mandates Reform Act Weapons Training Facility, Vieques, PR. These vessels are not allowed to enter The Unfunded Mandates Reform Act Based on the Coast Guard’s experience or transit the zone during these training of 1995 (2 U.S.C. 1531–1538) governs implementing that security zone and exercises under existing Army Corps of the issuance of Federal regulations that discussions with the U.S. Navy, the Engineer regulations (33 CFR 334.1470 require unfunded mandates. An coordinates of the security zone being and 33 CFR 334.1480). These vessels unfunded mandate is a regulation that implemented by this regulation have can redirect their transit around the requires a State, local, or tribal been slightly modified. The coordinates zone with only minor delays in time government or the private sector to of the security zone being implemented and distance. incur direct costs without the Federal by this regulation have been altered so Small Entities Government’s having first provided the that the zone no longer encompasses funds to pay those unfunded mandate commonly used transit paths between Under the Regulatory Flexibility Act costs. This rule will not impose an Vieques, PR and traditional fishing (5 U.S.C. 601–612), we considered unfunded mandate. areas. whether this rule would have a This security zone is established significant economic impact on a Taking of Private Property pursuant to the authority of subpart D substantial number of small entities. This rule will not effect a taking of of part 165 of Title 33 of the Code of The term ‘‘small entities’’ comprises private property or otherwise have Federal Regulations and the Magnuson small businesses, not-for-profit taking implications under E.O. 12630, Act regulations promulgated by the organizations that are independently Governmental Actions and Interference President under 50 U.S.C. 191, owned and operated and are not with Constitutionally Protected Property including subparts 6.01 and 6.04 of part dominant in their fields, and Rights. 6 of Title 33 of the Code of Federal governmental jurisdictions with Regulations. See E.O. 10173, as populations of less than 50,000. Civil Justice Reform amended. The security zone is needed The Coast Guard certifies under 5 This rule meets applicable standards to protect the bombing and gunnery U.S.C. 605(b) that this rule will not have in sections 3(a) and 3(b)(2) of E.O. range, and the adjacent facilities and a significant economic impact on a 12988, Civil Justice Reform, to minimize water, at Vieques Island, PR against substantial number of small entities. litigation, eliminate ambiguity, and destruction, injury, or loss of This rule will affect the following reduce burden. uninterrupted use. Pursuant to this entities, some of which may be small regulation, no vessel or person will be entities: the owners or operators of Protection of Children allowed to enter or remain in the vessels intending to transit or anchor in We have analyzed this rule under E.O. security zone unless specifically the vicinity of the Naval installation at 13045, Protection of Children from authorized to do so by the District Vieques, PR and fishing vessels which Environmental Health Risks and Safety Commander or his designated normally fish the area. These vessels are Risks. This rule is not an economically representatives. The District not allowed to enter or transit the zone significant rule and does not concern an Commander or his designated during these training exercises under environmental risk to health or risk to representatives may grant permission existing Army Corps of Engineer safety that may disproportionately affect for a vessel to enter or remain within the regulations (33 CFR 334.1470 and children. security zone when operations permit 334.1480). This security zone will not and may condition that permission as have a significant economic impact on Environment appropriate. As operations permit, all a substantial number of these small The Coast Guard anticipates this efforts will be made to honor any entities. Although the security zone will temporary rule will be categorically requests to enter. cover an area out to three miles from excluded from further environmental
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documentation under figure 2–1, due northeast 4 nautical miles to Dated: April 26, 2001. paragraph 34(g) of Commandant position 18°-12.0′ N, 065°-20.0′ W, then G.W. Sutton, Instruction M16475.lC. The easterly around Vieques Island, Captain, U.S. Coast Guard, Commander, environmental analysis checklist and remaining 3 nautical miles from the Seventh Coast Guard District Acting. Categorical Exclusion Determination coast, to a point 3 nautical miles south [FR Doc. 01–11153 Filed 5–2–01; 8:45 am] ° ′ ° will be prepared and submitted after of Cayo Jalovita (18 -06.83 N, 065 - BILLING CODE 4910–15–U establishment of this temporary security 21.25′ W ) at 18°-03.6′ N, 065°20.33′ W zone, and will be available in the then northwest to a baseline position of ° ′ ° ′ docket. This temporary rule only 18 -05.42 N, 065 -26.0 W at Puerto ENVIRONMENTAL PROTECTION ensures the protection of Naval assets Mosquito, including the rocks, cays, and AGENCY and the uninterrupted use of the area for small islands within. scheduled Naval operations. Standard (b) Regulations. (1) In accordance 40 CFR Part 52 Coast Guard manatee and turtle watch with the general regulations in § 165.33 [PA143–4115a; FRL–6973–4] measures will be in effect during Coast of this part: Guard patrols of the security zone. (i) No person or vessel may enter or Approval and Promulgation of Air Deep-water routes will be used where remain in this zone without the Quality Implementation Plans; practical. Lookouts will be posted to permission of the District Commander Commonwealth of Pennsylvania; avoid collision with turtles and or designated representatives, Reasonably Available Control manatees. If a collision occurs, (ii) All persons within this zone shall Technology Requirements for Volatile notification will be made to the U.S. obey any direction or order of the Organic Compounds and Nitrogen Fish & Wildlife Service at Boqueron, District Commander or designated Oxides Puerto Rico (787–851–7297). The representatives, Categorical Exclusion Determination AGENCY: Environmental Protection will be available in the docket for (iii) The District Commander or designated representatives may take Agency (EPA). inspection or copying where indicated ACTION: Direct final rule. under ADDRESSES. possession and control of any vessel in this zone, SUMMARY: Indian Tribal Governments EPA is removing the (iv) The District Commander or conditional status of its approval of the This rule does not have tribal designated representatives may remove Commonwealth of Pennsylvania State implications under Executive Order any person, vessel, article or thing from Implementation Plan (SIP) revision that 13175, Consultation and Coordination this zone, requires all major sources of volatile with Indian Tribal Governments, (v) No person may board, or take or organic compounds (VOCs) and because it does not have a substantial place any article or thing on board, any nitrogen oxides (NOX) to implement direct effect on one or more Indian vessel in this zone without the reasonably available control technology tribes, on the relationship between the permission of the District Commander (RACT). Pennsylvania has satisfied the Federal Government and Indian tribes, or designated representatives; and, condition imposed in EPA’s conditional or on the distribution of power and (vi) No person may take or place any limited approval published on March responsibilities between the Federal article or thing upon any waterfront 23, 1998 (63 FR 13789). The intended Government and Indian tribes. facility in this security zone without the effect of this action is to remove the List of Subjects in 33 CFR Part 165 permission of the District Commander conditional nature of EPA’s approval of or designated representatives. Pennsylvania’s VOC and NO RACT Harbors, Marine safety, Navigation X (2) The District Commander or Regulation. The regulation retains its (water), Reporting and record keeping designated representatives may grant limited approval status. Conversion of requirements, Security measures, permission for individual vessels to the Pennsylvania VOC and NO RACT Waterways. X enter or remain within this security Regulation from limited to full approval Temporary regulation: For the reasons zone when permitted by operational will occur when EPA has approved the discussed in the preamble, the Coast conditions and may place conditions case-by-case RACT determinations Guard amends 33 CFR part 165 as upon that permission. Vessels permitted submitted by Pennsylvania. follows: to enter or remain in this zone must DATES: This rule is effective on June 18, radio the patrol commander upon 2001 without further notice, unless EPA PART 165—[AMENDED] entering and departing the zone. receives adverse written comment by 1. The authority citation for part 165 (c) Enforcement. Vessels or persons June 4, 2001. If EPA receives such continues to read as follows: violating this section are subject to the comments, it will publish a timely penalties set out in 50 U.S.C. 192 and Authority: 33 U.S.C. 1231; 50 U.S.C. 191, withdrawal of the direct final rule in the 33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5; 18 U.S.C. 3571: Federal Register and inform the public 49 CFR 1.46. (1) Seizure and forfeiture of the that the rule will not take effect. vessel; ADDRESSES: Written comments should 2. A new temporary § 165.T07–033 is (2) A monetary penalty of not more added to read as follows: be mailed to David L. Arnold, Chief, Air than $250,000; and Quality Planning and Information § 165.T07–033 Security Zone; Vieques (3) Imprisonment for not more than 10 Services Branch, Mailcode 3AP21, U.S. Island, PR. years. Environmental Protection Agency, (a) Location. The following area is (d) Dates. This section is effective Region III, 1650 Arch Street, established as a Security Zone: An area from 3 p.m., April 26, 2001 until 11:59 Philadelphia, Pennsylvania 19103. of water and land measured from the p.m. April 30, 2001. Copies of the documents relevant to this mean high water line off the naval (e) Authority. In addition to the action are available for public reservation, along the east end of authority in part 165, this section is also inspection during normal business Vieques Island extending from Cabellos authorized under authority of Executive hours at the Air Protection Division, Colorados (18°-09.82′ N, 065°-23.45′ W) Order 10173, as amended. U.S. Environmental Protection Agency,
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Region III, 1650 Arch Street, status of the approval of the In reviewing SIP submissions, EPA’s Philadelphia, Pennsylvania 19103, and Pennsylvania’s VOC and NOX RACT role is to approve state choices, the Pennsylvania Department of Regulation. This action will be effective provided that they meet the criteria of Environmental Protection, Bureau of Air without further notice unless we receive the Clean Air Act. In this context, in the Quality, P.O. Box 8468, 400 Market relevant adverse comment by June 4, absence of a prior existing requirement Street, Harrisburg, Pennsylvania 17105. 2001. If we receive such comment, we for the State to use voluntary consensus FOR FURTHER INFORMATION CONTACT: will publish a timely withdrawal in the standards (VCS), EPA has no authority Ellen Wentworth, (215) 814–2034, at the Federal Register informing the public to disapprove a SIP submission for EPA Region III address above, or by e- that the rule will not take effect. We will failure to use VCS. It would thus be mail at [email protected]. address all public comments in a inconsistent with applicable law for subsequent final rule based on the EPA, when it reviews a SIP submission, SUPPLEMENTARY INFORMATION: proposed rule. Any parties interested in to use VCS in place of a SIP submission I. Background commenting must do so at this time. If that otherwise satisfies the provisions of On March 23, 1998 (63 FR 13789), no such comments are received by June the Clean Air Act. Thus, the EPA granted a conditional limited 4, 2001, you are advised that this requirements of section 12(d) of the National Technology Transfer and approval of the Pennsylvania SIP that section will be effective on June 18, Advancement Act of 1995 (15 U.S.C. established and required all major 2001. 272 note) do not apply. As required by sources of VOCs and NO to implement X III. Administrative Requirements section 3 of Executive Order 12988 (61 RACT. This approval was granted on the FR 4729, February 7, 1996), in issuing condition that Pennsylvania must, by no A. General Requirements this rule, EPA has taken the necessary later than April 22, 1999, certify that (1) Under Executive Order 12866 (58 FR steps to eliminate drafting errors and it had submitted case-by-case RACT 51735, October 4, 1993), this action is ambiguity, minimize potential litigation, proposals for all sources subject to the not a ‘‘significant regulatory action’’ and and provide a clear legal standard for RACT requirements currently known to therefore is not subject to review by the Office of Management and Budget. This affected conduct. EPA has complied the Pennsylvania Department of with Executive Order 12630 (53 FR action merely approves state law as Environmental Protection (PADEP), or 8859, March 15, 1988) by examining the meeting federal requirements and (2) demonstrate that the emissions from takings implications of the rule in imposes no additional requirements any remaining subject sources accordance with the ‘‘Attorney beyond those imposed by state law. represented a de minimis level of General’s Supplemental Guidelines for Accordingly, the Administrator certifies emissions as defined in the rulemaking the Evaluation of Risk and Avoidance of that this rule will not have a significant document. Unanticipated Takings’’ issued under economic impact on a substantial On April 22, 1999, the PADEP the executive order. This rule does not number of small entities under the submitted a letter certifying that it had impose an information collection Regulatory Flexibility Act (5 U.S.C. 601 met the terms and conditions imposed burden under the provisions of the by EPA in its March 23, 1998 et seq.). Because this rule approves pre- Paperwork Reduction Act of 1995 (44 conditional limited approval of its VOC existing requirements under state law U.S.C. 3501 et seq.). and NOX RACT regulations by and does not impose any additional submitting 485 case by case VOC/NOX enforceable duty beyond that required B. Submission to Congress and the RACT determinations as SIP revisions. by state law, it does not contain any Comptroller General EPA concurs that Pennsylvania’s April unfunded mandate or significantly or The Congressional Review Act, 5 22, 1999 certification satisfies the uniquely affect small governments, as U.S.C. 801 et seq., as added by the Small condition imposed in its conditional described in the Unfunded Mandates Business Regulatory Enforcement limited approval published on March Reform Act of 1995 (Public Law 104–4). Fairness Act of 1996, generally provides 23, 1998. EPA is, therefore, removing This rule also does not have a that before a rule may take effect, the the conditional status of its approval of substantial direct effect on one or more agency promulgating the rule must Pennsylvania’s VOC and NOX RACT Indian tribes, on the relationship submit a rule report, which includes a regulation. The regulation retains its between the Federal Government and copy of the rule, to each House of the limited approval status. Conversion to Indian tribes, or on the distribution of Congress and to the Comptroller General full approval will occur when EPA has power and responsibilities between the of the United States. EPA will submit a approved the case-by-case RACT Federal Government and Indian tribes, report containing this rule and other determinations submitted by PADEP. as specified by Executive Order 13175 required information to the U.S. Senate, (65 FR 67249, November 9, 2000), nor II. EPA Action the U.S. House of Representatives, and will it have substantial direct effects on the Comptroller General of the United EPA is removing the conditional the States, on the relationship between States prior to publication of the rule in status of its approval of Pennsylvania’s the national government and the States, the Federal Register. This rule is not a VOC and NOX RACT Regulation. The or on the distribution of power and ‘‘major rule’’ as defined by 5 U.S.C. regulation will retain limited approval responsibilities among the various 804(2). status until EPA has approved the case- levels of government, as specified in by-case RACT SIP revisions proposals Executive Order 13132 (64 FR 43255, C. Petitions for Judicial Review submitted by PADEP. This action is August 10, 1999), because it merely Under section 307(b)(1) of the Clean being published without prior proposal approves a state rule implementing a Air Act, petitions for judicial review of because we view this as a federal standard, and does not alter the this action must be filed in the United noncontroversial amendment and relationship or the distribution of power States Court of Appeals for the because we anticipate no adverse and responsibilities established in the appropriate circuit by July 2, 2001. comments. In a separate document in Clean Air Act. This rule also is not Filing a petition for reconsideration by the ‘‘Proposed Rules’’ section of this subject to Executive Order 13045 (62 FR the Administrator of the removal of the Federal Register publication, we are 19885, April 23, 1997), because it is not conditional status of EPA’s approval of proposing to remove the conditional economically significant. Pennsylvania’s VOC and NOX RACT
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regulation does not affect the finality of ADDRESSES: All comments should be 1998. Since the facility permanently this rule for the purposes of judicial addressed to: Kimberly Bingham at the closed, there has not been any violation review nor does it extend the time EPA, Region 4 Air Planning Branch, 61 of the lead NAAQS. On February 15, within which a petition for judicial Forsyth Street, SW., Atlanta, Georgia 2001, MSCHD through the State of review may be filed, and shall not 30303. Tennessee submitted a request to postpone the effectiveness of such rule Copies of documents relative to this redesignate the Shelby County area to or action. This action may not be action are available at the following attainment for lead. challenged later in proceedings to addresses for inspection during normal II. Analysis of the Redesignation enforce its requirements. (See section business hours: Request 307(b)(2).) • Environmental Protection Agency, Section 107(d)(3)(E) of the CAA, as List of Subjects in 40 CFR Part 52 Region 4, Air Planning Branch, 61 Forsyth Street, SW., Atlanta, Georgia amended in 1990, sets forth the Environmental protection, Air 30303–8960. requirements that must be met for a pollution control, Nitrogen dioxide, • Tennessee Air Pollution Control nonattainment area to be redesignated to Ozone, Reporting and record keeping Board, 9th Floor, L & C Annex, 401 attainment. It states that an area can be requirements. Church Street, Nashville, Tennessee redesignated to attainment if the Dated: April 24, 2001. 37243–1531. following conditions are met. • William C. Early, Memphis and Shelby County 1. The EPA has determined that the lead NAAQS has been attained. Acting Regional Administrator, Region III. Health Department, 814 Jefferson Avenue, Memphis, Tennessee 38105. 2. The State has met all applicable 40 CFR part 52 is amended as follows: FOR FURTHER INFORMATION CONTACT: requirements for the area under section 110 and part D, and the implementation PART 52—[AMENDED] Kimberly Bingham, Regulatory Planning Section, Air Planning Branch, Air, plan has been fully approved by EPA 1. The authority citation for part 52 Pesticides and Toxics Management under section 110(k). continues to read as follows: Division, Region 4, Environmental 3. The EPA has determined that the improvement in air quality is due to Authority: 42 U.S.C. 7401 et seq. Protection Agency, Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, permanent and enforceable reductions Subpart NN—Pennsylvania Georgia 30303. The telephone number is in emissions. 4. The EPA has fully approved a (404)562–9038. Ms. Bingham can also § 52.2026 [Amended] maintenance plan, including a be reached via electronic mail at contingency plan, for the area under 2. In § 52.2026, paragraph (f) is [email protected]. removed and reserved. section 175A. SUPPLEMENTARY INFORMATION: [FR Doc. 01–10984 Filed 5–2–01; 8:45 am] The following is a description of how each requirement has been achieved. BILLING CODE 6560–50–P I. Background Section 107(d)(5) of the Clean Air Act 1. Attainment of the Lead NAAQS (CAA) provides for areas to be ENVIRONMENTAL PROTECTION To demonstrate that the Shelby designated as attainment, AGENCY County area is in attainment with the nonattainment, or unclassifiable with lead NAAQS, MSCHD submitted air 40 CFR Parts 52 and 81 respect to the lead NAAQS. Governors quality data from the third quarter of are required to submit recommended 1998 through 2000. There has not been [TN 240–1–200103a; FRL–6974–6] designations for areas within their any violation of the lead standard since states. When an area is designated Clean Air Act Approval and Refined Metals, Inc. shutdown on nonattainment, the state must prepare Promulgation of the Redesignation of December 22, 1998. This amount of and submit a SIP that meets the Shelby County, Tennessee, to monitoring data (more than eight requirements of sections 110(a)(2) and Attainment for Lead consecutive quarters at the present time) 172(c) of the CAA demonstrating how without a violation of the lead standard AGENCY: Environmental Protection the area will be brought into attainment. is adequate to demonstrate attainment of Agency (EPA). The EPA designated the portion of the lead NAAQS. Modeling may also be ACTION: Direct final rule. Memphis in Shelby County, Tennessee, required to redesignate an area to around the Refined Metals, Inc., attainment. The EPA believes that SUMMARY: EPA is approving the request secondary lead smelter as a lead because there are no lead sources in the to redesignate Shelby County, nonattainment area on January 6, 1992. area since Refined Metals, Inc., shut Tennessee, from nonattainment to This nonattainment designation was down, a modeling analysis is not attainment for the lead primary national based on lead NAAQS violations needed. ambient air quality standard (NAAQS). recorded by monitors near the Refined The request was submitted on February Metals Corporation facility in 1990 and 2. The State Has Met All Applicable 15, 2001, by the Memphis and Shelby 1991. Requirements for the Area Under County Health Department (MSCHD) During the second quarter of 1998, Section 110 and Part D, and the through the Tennessee Department of another violation of the lead NAAQS Implementation Plan Has Been Fully Environment and Conservation (TDEC). occurred in the Shelby County Approved by EPA Under Section 110(k). DATES: This direct final rule is effective nonattainment area. Subsequently, the To be redesignated to attainment, July 2, 2001 without further notice, MSCHD issued a notice of violation section 107(d)(3)(E) requires that an area unless EPA receives adverse comment giving Refined Metals, Inc., options to must have met all applicable by June 4, 2001. If adverse comment is surrender all of its permits or pay a fine requirements of sections 110(k), received, EPA will publish a timely and conduct extensive remodeling of 110(a)(2), and part D of the CAA. The withdrawal of the direct final rule in the the facility. Refined Metals, Inc., chose EPA has determined that the lead SIP Federal Register and inform the public to surrender all of its permits and for the Shelby County area that was that the rule will not take effect. shutdown permanently on December 22, approved on September 20, 2000, meets
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the requirements of sections 110(k), A. Part C PSD Program withdrawing the final rule and 110(a)(2), and part D of the CAA. For a As previously mentioned earlier in informing the public that the rule will more detailed description of how these this document, the MSCHD has a fully not take effect. All public comments requirements were met see the approved PSD program. Owners of all received will then be addressed in a document published on September 20, new major sources seeking to relocate in subsequent final rule based on the 2000, in the Federal Register, (65 FR the Shelby County area must proposed rule. The EPA will not 56794). demonstrate that the proposed new institute a second comment period. Parties interested in commenting should 3. Permanent and Enforceable emissions from those sources will be in do so at this time. If no such comments Improvement in Air Quality compliance with the lead NAAQS. are received, the public is advised that Since the Refined Metals facility, the B. Monitoring Network this rule will be effective on July 2, 2001 sole source of lead emissions in the To ensure that the lead NAAQS is and no further action will be taken on Shelby County nonattainment area maintained, the MSCHD will continue the proposed rule. surrendered its permits and ceased to operate two lead monitors located in IV. Administrative Requirements operations, there are no permitted the Shelby County area. If future review process emissions from the facility or in of the monitoring site operation results Under Executive Order 12866 (58 FR the nonattainment area. The Refined in a recommendation to alter the current 51735, October 4, 1993), this action is Metals facility has been completely monitoring network, MSCHD must not a ‘‘significant regulatory action’’ and decontaminated and demolished. Any obtain EPA approval of the therefore is not subject to review by the future request to operate a secondary recommendation. Office of Management and Budget. This lead smelter on this site or in Shelby action merely approves state law as County will have to be approved by C. Contingency Plan meeting federal requirements and MSCHD and will be subject to With respect to the requirement of imposes no additional requirements prevention of significant deterioration section 175(A) that the contingency beyond those imposed by state law. (PSD) permit requirements. The PSD provisions of a maintenance plan Accordingly, the Administrator certifies requirements ensure that a new facility include all control measures previously that this rule will not have a significant will not cause any adverse effects to the contained in the SIP, EPA believes that economic impact on a substantial air quality in an attainment area. the requirement is satisfied in that the number of small entities under the Consequently, EPA has determined that State is carrying forward contingency Regulatory Flexibility Act (5 U.S.C. 601 the emission reductions in the Shelby measures previously approved in the et seq.). Because this rule approves pre- County area are permanent and lead SIP for Shelby County. In addition, existing requirements under state law enforceable. the EPA does not believe any additional and does not impose any additional enforceable duty beyond that required 4. Maintenance Plan contingency measures are needed. Contingency measures would serve no by state law, it does not contain any Section 175(A) of the CAA requires useful purpose in light of the permanent unfunded mandate or significantly or states that submit a redesignation closure and dismantling of the Refined uniquely affect small governments, as request for a nonattainment area under Metals facility and the revocation of its described in the Unfunded Mandates section 107(d) to include a maintenance permit. Moreover, any attempt to reopen Reform Act of 1995 (Public Law 104–4). plan to ensure that the attainment of a facility on the same site would trigger This rule also does not have a NAAQS for any pollutant is maintained. MSCHD’s PSD permitting requirements. substantial direct effect on the The plan must demonstrate continued The EPA is approving the relationship between the Federal attainment of the applicable NAAQS for redesignation request and maintenance Government and Indian Tribes, or on at least ten years after the approval of a plan because it satisfies the the distribution of power and redesignation to attainment. Eight years requirements of section 175(A) of the responsibilities between the Federal after the redesignation, the State must CAA requirements. Government and Indian tribes, as submit a revised maintenance plan specified by Executive Order 13175 (65 demonstrating attainment for the ten III. Final Action FR 67249, November 9, 2000), nor will years following the initial ten year EPA is approving the request to it have substantial direct effects on the period. To provide for the possibility of redesignate Shelby County to a lead States, on the relationship between the future NAAQS violations, the attainment area and the maintenance national government and the States, or maintenance plan must contain such plan submitted on February 15, 2001, by on the distribution of power and contingency measures as the the MSCHD through the State of responsibilities among the various Administrator deems necessary to Tennessee. The EPA is publishing this levels of government, as specified in assure that the State will promptly rule without a prior proposal because Executive Order 13132 (64 FR 43255, correct any violation of the standard the Agency views this as a August 10, 1999), because it merely that occurs after redesignation. The noncontroversial submittal and approves a state rule implementing a contingency provisions are to include a anticipates no adverse comments. federal standard, and does not alter the requirement that the state will However, in the proposed rules section relationship or the distribution of power implement all measures for controlling of this Federal Register publication, and responsibilities established in the the air pollutant of concern that were EPA is publishing a separate document CAA. This rule also is not subject to contained in the SIP prior to that will serve as the proposal to Executive Order 13045 (62 FR 19885, redesignation. approve the SIP revision should the April 23, 1997), because it is not The MSCHD submitted a maintenance Agency receive adverse comments. This economically significant. plan to ensure that the lead NAAQS is rule will be effective July 2, 2001 In reviewing SIP submissions, EPA’s maintained. The maintenance plan for without further notice unless the role is to approve state choices, the Shelby County area, contains the Agency receives adverse comments by provided that they meet the criteria of part C PSD program, a monitoring June 4, 2001. the Clean Air Act. In this context, in the network to verify continued attainment, If the EPA receives such comments, absence of a prior existing requirement and a contingency plan. then EPA will publish a document for the State to use voluntary consensus
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standards (VCS), EPA has no authority Business Regulatory Agency List of Subjects to disapprove a SIP submission for promulgating the rule must submit a 40 CFR Part 52 failure to use VCS. It would thus be rule report, which includes a copy of inconsistent with applicable law for the rule, to each House of the Congress Environmental protection, Air EPA, when it reviews a SIP submission, and to the Comptroller General of the pollution control, Lead, to use VCS in place of a SIP submission United States. EPA will submit a report Intergovernmental relation, Reporting that otherwise satisfies the provisions of containing this rule and other required and recordkeeping requirements. the Clean Air Act. Thus, the information to the U.S. Senate, the U.S. requirements of section 12(d) of the House of Representatives, and the 40 CFR Part 81 National Technology Transfer and Comptroller General of the United Environmental protection, Air Advancement Act of 1995 (15 U.S.C. States prior to publication of the rule in 272 note) do not apply. As required by pollution control, National parks, the Federal Register. A major rule Wilderness areas. section 3 of Executive Order 12988 (61 cannot take effect until 60 days after it FR 4729, February 7, 1996), in issuing is published in the Federal Register. Dated: April 18, 2001. this rule, EPA has taken the necessary This action is not a ‘‘major rule’’ as A. Stanley Meiburg, steps to eliminate drafting errors and defined by 5 U.S.C. 804(2). Acting Regional Administrator, Region 4. ambiguity, minimize potential litigation, Under section 307(b)(1) of the Clean and provide a clear legal standard for PART 52—[AMENDED] affected conduct. EPA has complied Air Act, petitions for judicial review of with Executive Order 12630 (53 FR this action must be filed in the United States Court of Appeals for the 1. The authority citation for part 52 8859, March 18, 1988) by examining the continues to read as follows: takings implications of the rule in appropriate circuit by July 2, 2001. accordance with the ‘‘Attorney Filing a petition for reconsideration by Authority: 42 U.S.C. 7401 et seq. General’s Supplemental Guidelines for the Administrator of this final rule does Subpart RR—Tennessee the Evaluation of Risk and Avoidance of not affect the finality of this rule for the Unanticipated Takings’’ issued under purposes of judicial review nor does it the executive order. This rule does not extend the time within which a petition 2. Section 52.2220(c) is amended by impose an information collection for judicial review may be filed, and revising the entries for Section 1200–3– burden under the provisions of the will not postpone the effectiveness of 22–.03 to read as follows: such rule or action. This action may not Paperwork Reduction Act of 1995 (44 § 52.52220 Identification of plan. U.S.C. 3501 et seq.). be challenged later in proceedings to The Congressional Review Act, 5 enforce its requirements. (See section * * * * * U.S.C. 801 et seq., as added by the Small 307(b)(2).) (c) EPA approved regulations.
EPA APPROVED TENNESSEE REGULATIONS
EPA approval Federal Register State citation Title/subject Adoption date date Notice
******* Section 1200–3–22–.03 Maintenance Plan for Shelby County, Tennessee 02/14/01 July 2, 2001 ...... 66 FR 22127 *******
PART 81—[AMENDED] Subpart C—Section 107 Attainment designation type and date entry for Status Designations Shelby County (part). 1. The authority citation for part 81 continues to read as follows: 2. In § 81.343, the attainment status § 81.343 Tennessee. Authority: 42 U.S.C. 7401–7671q. table for lead is amended by revising the * * * * *
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TENNESSEE-LEAD
Designation Classification Designated area Date Type Date Type
Shelby County (part): Area encompassed by a cir- July 2, 2001 ...... Attainment ...... cle with a 3⁄4 mile radius with center being the intersection of Castex and Mallory Avenue, Mem- phis, TN.
*******
[FR Doc. 01–11090 Filed 5–2–01; 8:45 am] number: 703–305–6304; and e-mail to the Federal Register listings at http:/ BILLING CODE 6560–50–P address: [email protected]. /www.epa.gov/fedrgstr/. 2. In person. The Agency has SUPPLEMENTARY INFORMATION: established an official record for this ENVIRONMENTAL PROTECTION I. General Information action under docket control number AGENCY OPP–301119. The official record A. Does this Action Apply to Me? consists of the documents specifically 40 CFR Part 180 You may be affected by this action if referenced in this action, and other [OPP–301119; FRL–6778–9] you are an agricultural producer, food information related to this action, manufacturer, or pesticide including any information claimed as RIN 2070–AB78 manufacturer. Potentially affected Confidential Business Information (CBI). This official record includes the Sucroglycerides; Exemption From the categories and entities may include, but are not limited to: documents that are physically located in Requirement of a Tolerance the docket, as well as the documents that are referenced in those documents. AGENCY: Environmental Protection NAICS Examples of poten- Agency (EPA). Categories tially affected The public version of the official record codes entities ACTION: Final rule. does not include any information Industry 111 Crop production claimed as CBI. The public version of SUMMARY: This regulation establishes an 112 Animal production the official record, which includes exemption from the requirement of a 311 Food manufacturing printed, paper versions of any electronic tolerance for residues of sucroglycerides 32532 Pesticide manufac- comments submitted during an when used as an inert ingredient in or turing applicable comment period is available on growing crops or when applied to for inspection in the Public Information raw agricultural commodities after This listing is not intended to be and Records Integrity Branch (PIRIB), harvest. Rhodia Inc., submitted a exhaustive, but rather provides a guide Rm. 119, Crystal Mall #2, 1921 Jefferson petition to EPA under the Federal Food, for readers regarding entities likely to be Davis Hwy., Arlington, VA, from 8:30 Drug, and Cosmetic Act (FFDCA), as affected by this action. Other types of a.m. to 4 p.m., Monday through Friday, amended by the Food Quality Protection entities not listed in the table could also excluding legal holidays. The PIRIB Act of 1996 requesting an exemption be affected. The North American telephone number is (703) 305–5805. from the requirement of a tolerance. Industrial Classification System II. Background and Statutory Findings This regulation eliminates the need to (NAICS) codes have been provided to In the Federal Register of July 7, 1998 establish a maximum permissible level assist you and others in determining (63 FR 36681) (FRL –5795–6), EPA for residues of sucroglycerides. whether or not this action might apply issued a notice pursuant to section 408 DATES: This regulation is effective May to certain entities. If you have questions of the Federal Food, Drug, and Cosmetic 3, 2001. Objections and requests for regarding the applicability of this action hearings, identified by docket control Act (FFDCA), 21 U.S.C. 346a, as to a particular entity, consult the person amended by the Food Quality Protection number OPP–301119, must be received listed under FOR FURTHER INFORMATION by EPA on or before July 2, 2001. Act (FQPA) (Public Law 104–170) CONTACT. announcing the filing of a pesticide ADDRESSES: Written objections and B. How Can I Get Additional petition (PP) 6E4714 by Rhodia Inc., CN hearing requests may be submitted by Information, Including Copies of this 7500, Cranbury, NJ 08512–7500. This mail, in person, or by courier. Please Document and Other Related notice included a summary of the follow the detailed instructions for each Documents? petition prepared by the petitioner. method as provided in Unit VIII. of the There were no comments received in SUPPLEMENTARY INFORMATION. To ensure 1. Electronically. You may obtain response to the notice of filing. proper receipt by EPA, your objections electronic copies of this document, and The petition requested that 40 CFR and hearing requests must identify certain other related documents that 180.1001(c), be amended by establishing docket control number OPP–301119 in might be available electronically, from an exemption from the requirement of a the subject line on the first page of your the EPA Internet Home Page at http:// tolerance for residues of response. www.epa.gov/. To access this sucroglycerides. FOR FURTHER INFORMATION CONTACT: By document, on the Home Page select Section 408(b)(2)(A)(i) of the FFDCA mail: Kathryn Boyle, Registration ‘‘Laws and Regulations,’’ ‘‘Regulations allows EPA to establish an exemption Division (7505C), Office of Pesticide and Proposed Rules, ’’ and then look up from the requirement for a tolerance (the Programs, Environmental Protection the entry for this document under the ‘‘ legal limit for a pesticide chemical Agency, 1200 Pennsylvania Ave., NW., Federal Register —Environmental residue in or on a food) only if EPA Washington, DC 20460; telephone Documents. ’’ You can also go directly determines that the tolerance is ‘‘safe.’’
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Section 408(b)(2)(A)(ii) defines ‘‘safe ’’ qualified by scientific training and identifiable subgroups of consumers, to mean that ‘‘there is a reasonable experience to evaluate its safety, as including infants and children. The certainty that no harm will result from having been adequately shown through nature of the toxic effects caused by aggregate exposure to the pesticide scientific procedures to be safe under sucroglycerides are discussed in this chemical residue, including all the conditions of its intended use. unit. anticipated dietary exposures and all Under the FFDCA, there is no The submission to the Agency other exposures for which there is requirement that GRAS status can be consisted of two studies (subchronic reliable information.’’ This includes determined only by the Food and Drug and chronic toxicity/carcinogenicity) exposure through drinking water and in Administration (FDA). The GRAS that contained individual animal data. residential settings, but does not include determination may also be made by a These two studies were reviewed as occupational exposure. Section company providing that the quantity guideline studies, that is, studies that 408(b)(2)(C) requires EPA to give special and quality of data would be the same meet the Agency’s criteria for a well- consideration to exposure of infants and as if the data were submitted to FDA for conducted study that supplies the children to the pesticide chemical review and evaluation. necessary information. The other residue in establishing a tolerance and The sucroglycerides Independent submissions consisted of toxicology to ‘‘ensure that there is a reasonable Safety Determination was affirmed by study summaries. The summaries varied certainty that no harm will result to an expert panel in 1991 which in the amount of information presented. infants and children from aggregate examined only sucroglycerides Some were literature reports and partial exposure to the pesticide chemical manufactured from palm oil. The same translations of studies conducted in residue....’’ expert panel re-convened in 1994 to France. Thus, these summaries provided EPA performs a number of analyses to evaluate sucroglycerides manufactured useful information to the Agency which determine the risks from aggregate from edible fats and oils. This was used during the weight-of-the- exposure to pesticide residues. First, addendum to the Independent Safety evidence evaluation. EPA determines the toxicity of Determination differed only in that the 1. Acute. The summary reported an pesticides. Second, EPA examines starting materials could be any edible fat acute toxicity study in which no adverse exposure to the pesticide through food, or oil as opposed to palm oil only as effects were reported. The LD50 was drinking water, and through other originally evaluated in 1991. The panel estimated to be greater than 30 gram/ exposures that occur as a result of concluded that sucroglycerides are kilogram body weight (g/kg bwt). GRAS for use in the food applications pesticide use in residential settings. 2. Subchronic toxicity. In a 13-week considered when used in accordance III. Inert Ingredient Definition dog feeding study sucroglycerides were with good manufacturing practices. Inert ingredients are all ingredients The intended food applications administered to 5 pure bred Beagle that are not active ingredients as defined evaluated as part of the Independent dogs/sex/dose in the diet at dose levels in 40 CFR 153.125 and include, but are Safety Determination included use as a of 0, 5, 10, or 20% (control, 1.19, 2.59, not limited to, the following types of texturizer in biscuit mixes, and as an or 5.61 gram/kilogram/day (g/kg/day) ingredients (except when they have a emulsifier in baked goods and baking for males and control, 1.31, 2.57, or 4.7 pesticidal efficacy of their own): mixes, dairy product analogs, frozen g/kg/day for females). Three animals/ Solvents such as alcohols and dairy desserts and mixes, and whipped sex/dose were sacrificed after 13 weeks, hydrocarbons; surfactants such as milk products. The maximum estimated and the remaining two animals/sex/dose polyoxyethylene polymers and fatty content of sucroglycerides in these continued on for an additional 8 weeks acids; carriers such as clay and anticipated food uses is 1.5%. Under 21 of observation on control diets, and diatomaceous earth; thickeners such as CFR 172.859, a related mixture, sucrose were then sacrificed. carrageenan and modified cellulose; fatty acid esters, can be used as direct No animals died on study and there wetting, spreading, and dispersing food additives as emulsifiers in various was no overt toxicity. The decreased agents; propellants in aerosol baked goods and baking mixes, dairy cholesterol levels, increased SGPT dispensers; microencapsulating agents; and dairy analog products, chewing (serum glutamic pyruvic transaminase) and emulsifiers. The term ‘‘inert ’’ is not gum, confections and frostings, and values, ad hepatic pathology are effects intended to imply nontoxicity; the coffee and tea beverages with added that are comparable to those seen as a ingredient may or may not be dairy or dairy analog products, as result of a high fat dietary intake. The chemically active. Generally, EPA has texturizers in chewing gum, confections grossly high doses of this fatty exempted inert ingredients from the and frostings, and surimi-based compound were over the limit dose and requirement of a tolerance based on the fabricated seafood products, and as effects seen cannot readily be low toxicity of the individual inert components of protective coatings distinguished from those observed with ingredients. applied to fresh fruit to retard ripening a high fat diet. The NOAEL (no observed and spoiling. Under 21 CFR 184.1505, adverse effect level) was at the 10% IV. Sucroglycerides mono- and di-glycerides prepared from level (2.6 g/kg/day for males and Sucroglycerides are a mixture of fats or oils are GRAS. females). The LOAEL (lowest-observed substances, primarily of mono-, di-, and adverse effect level) was determined to tri-glycerides and mono- and di-sucrose V. Toxicological Profile be at the 20% level (5.6 g/kg/day for esters of fatty acids. The product is Consistent with section 408(b)(2)(D) males and 4.7 g/kg/day for females). produced through a process of of FFDCA, EPA has reviewed the This study is classified as acceptable transesterification of an edible fat or oil available scientific data and other and satisfies the guideline requirement with sucrose. Thus, sucroglycerides are relevant information in support of this for a subchronic oral study in dogs. composed of and basically produced action and considered its validity, In a different study, the summary from sugar and oil. completeness and reliability and the reported that administration of Sucroglycerides have self-affirmed relationship of this information to sucroglycerides to rats for 100 days at GRAS (generally recognized as safe) human risk. EPA has also considered concentrations up to 10% in the diet status. A GRAS substance is one that is available information concerning the resulted in increased body weight gain generally recognized, among experts variability of the sensitivities of major and increased hepatic, total lipids and
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lipid fractions with normal plasma lipid translations of French studies. Both ingredients, the Agency considers the levels. summaries reported no adverse effects. toxicity of the inert in conjunction with 3. Combined chronic toxicity/ In a 1987 article in open literature possible exposure to residues of the carcinogenicity 2-year rat study. In this describing a 2-generation reproductive inert ingredient through food, drinking study sucroglycerides were and developmental toxicity study of a water, and through other exposures that administered via the diet to 50 rats/sex/ related compound, sucrose polyester (a occur as a result of pesticide use in group at dose levels of 0, 5, 10, or 20% mixture of hexa-, hepta-, and octa-esters residential settings. If EPA is able to (control, 1.59, 3.37, or 7.70 g/kg/day in of edible grade fatty acids with sucrose), determine that a finite tolerance is not males and control, 1.86, 4.01, or 9.25 g/ was fed to rats at up to 10% of the diet. necessary to ensure that there is a kg/day in females for up to 108 weeks). There were no adverse effects on reasonable certainty that no harm will No adverse effects were observed in reproductive function, on the result from aggregate exposure to the mortality, hematology, blood chemistry, development of the fetus, or on the inert ingredient, an exemption from the ophthalmoscopy, organ weights, or viability or growth of the offspring into requirement of a tolerance may be gross pathology parameters for either adult life. established. sex at any treatment level. The NOAEL Given the observed lack of for this combined chronic/ developmental and reproductive effects, A. Dietary Exposure carcinogenicity rat feeding study is 5% and the fact the mono- and di-glycerides For the purposes of assessing (3.37 g/kg/day for males and 4.01 g/kg/ are not know developmental toxicants, potential exposure under this day for females). The LOAEL is 10% guideline developmental and exemption, EPA considered that (7.70 g/kg/day for males and 9.25 g/kg/ reproductive studies will not be sucroglycerides could be present in all day for females) based on decreased required. raw and processed agricultural food efficiency in males. 6. Dermal toxicity. No dermal studies commodities and drinking water, and Under the conditions of this study, were submitted to the Agency. Sucrose that non-occupational non-dietary dosing is considered adequate to assess esters of fatty acids and mono-and di- exposure was possible. the carcinogenic potential of glycerides are unlikely to be absorbed 1. Food. As previously stated, sucroglycerides based on the fact that through the skin in sufficient amounts sucroglycerides have self-affirmed the compound was administered at to cause toxicity. GRAS status. EPA will regulate only the doses above the limit dose, food 7. Neurotoxicity. No neurotoxicity use of sucroglycerides as an inert efficiency was reduced at 10% in males, studies were submitted to the Agency. ingredient in pesticide formulations. and body weight and body weight gain, However, no neurotoxicity was Thus, the amount of sucroglycerides along with food efficiency was observed in the oral guideline studies. that can be applied to food as a result increased at 20% in both sexes. The The submitted toxicity studies of their use in a pesticide product as an administration of sucroglycerides to rats demonstrate the low toxicity of inert ingredient would not significantly up to 20% in the diet did not result in sucroglycerides. For sucroglycerides, in increase the amount of sucroglycerides an overall treatment-related increase in several studies minimal effects occurred in the food supply above those amounts incidence of tumor formation. This at doses that were expressed as grams of permitted by FDA. study is classified as acceptable and sucroglycerides per kilogram of animal 2. Drinking water exposure. The satisfies the guideline requirement for a body weight per day. For many solubility of sucroglycerides in water is chronic toxicity/carcinogenicity oral chemicals, the Agency has reviewed very low, less than 1 part per billion. study in rats. data that demonstrate significant effects Given this low solubility in water and In a different study, the summary at doses that are expressed in milligrams the low toxicity, both of which were reported that in a 25 to 28–month rat per kilogram of animal body weight per demonstrated in testing, the Agency has study, food efficiency was decreased at day. Thus, the minimal toxicity that determined that exposure for all human 10% lard sucroglyceride in the diet. No occurred with consumption of population groups through drinking other effects were noted. sucroglycerides, occurred at higher dose water would be extremely low. Summaries of another two long-term levels than normally used in testing. rat studies with 5 g/kg bwt B. Other Non-Occupational Exposure sucroglycerides in the diet were VI. Aggregate Exposures Currently, there are no residential submitted. These also demonstrated no In examining aggregate exposure, uses of sucroglycerides. Given that adverse effects and no evidence of FFDCA section 408 directs EPA to sucroglycerides are unlikely to be carcinogenicity. consider available information absorbed through the skin in sufficient 4. Mutagenicity. No mutagenicity concerning exposures from the pesticide amounts to cause toxicity, even if studies were submitted to the Agency. residue in food and all other non- residential uses of sucroglycerides were However, none of the components of occupational exposures, including to occur, toxicity would not occur. sucroglycerides are known mutagens. drinking water from ground water or Given this information and since the surface water and exposure through VII. Cumulative Effects combined chronic toxicity/ pesticide use in gardens, lawns, or Section 408 (b)(2)(D)(v) of FFDCA carcinogenicity study did not result in buildings (residential and other indoor requires that, when considering whether an overall treatment-related increase in uses). to establish, modify, or revoke a incidence of tumor formation, EPA establishes exemptions from the tolerance or tolerance exemption, the mutagenicity studies will not be requirement of a tolerance only in those Agency consider ‘‘available required. cases where it can be clearly information’’ concerning the cumulative 5. Developmental/reproductive demonstrated that the risks from effects of a particular chemical’s toxicity. No developmental or aggregate exposure to pesticide residues and ‘‘other substances that reproductive toxicity guideline studies chemical residues under reasonably have a common mechanism of toxicity.’’ were submitted to the Agency, although foreseeable circumstances will pose no Sucroglycerides have a demonstrated summaries of two chronic toxicity/2- appreciable risks to human health. In lack of toxicity, and thus are unlikely to generation reproductive studies were order to determine the risks from share a common mechanism of toxicity submitted. Both summaries were partial aggregate exposure to pesticide inert with any other substances.
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VIII. Determination of Safety for U.S. sucroglycerides. Accordingly, EPA finds Ave., NW., Washington, DC 20460. You Population that exempting sucroglycerides from the may also deliver your request to the Given the available toxicity requirement of a tolerance will be safe. Office of the Hearing Clerk in Rm. C400, Waterside Mall, 401 M St., SW., information indicating minimal effects, XII. Objections and Hearing Requests there should be no concerns for human Washington, DC 20460. The Office of Under section 408(g) of the FFDCA, as the Hearing Clerk is open from 8 a.m. health, whether the exposure is acute, amended by the FQPA, any person may subchronic, or chronic. Thus, based on to 4 p.m., Monday through Friday, file an objection to any aspect of this excluding legal holidays. The telephone the low toxicity of sucroglycerides and regulation and may also request a number for the Office of the Hearing the low potential for exposure from the hearing on those objections. The EPA Clerk is (202) 260–4865. EPA regulated uses of sucroglycerides, procedural regulations which govern the 2. Tolerance fee payment. If you file the Agency has determined that there is submission of objections and requests an objection or request a hearing, you a reasonable certainty of no harm to the for hearings appear in 40 CFR part 178. must also pay the fee prescribed by 40 U.S. population from aggregate exposure Although the procedures in those CFR 180.33(i) or request a waiver of that to residues of sucroglycerides and that regulations require some modification to fee pursuant to 40 CFR 180.33(m). You a tolerance is not necessary. reflect the amendments made to the must mail the fee to: EPA Headquarters IX. Determination of Safety for Infants FFDCA by the FQPA of 1996, EPA will Accounting Operations Branch, Office and Children continue to use those procedures, with of Pesticide Programs, P.O. Box appropriate adjustments, until the 360277M, Pittsburgh, PA 15251. Please FFDCA section 408 provides that EPA necessary modifications can be made. identify the fee submission by labeling shall apply an additional tenfold margin The new section 408(g) provides it ‘‘Tolerance Petition Fees. ’’ of safety for infants and children in the essentially the same process for persons EPA is authorized to waive any fee case of threshold effects to account for to ‘‘object ’’ to a regulation for an requirement ‘‘when in the judgement of prenatal and postnatal toxicity and the exemption from the requirement of a the Administrator such a waiver or completeness of the data base unless tolerance issued by EPA under new refund is equitable and not contrary to EPA concludes that a different margin section 408(d), as was provided in the the purpose of this subsection. ’’ For safety will be safe for infants and old FFDCA sections 408 and 409. additional information regarding the children. Due to the expected low However, the period for filing objections waiver of these fees, you may contact toxicity of sucroglycerides, EPA has not is now 60 days, rather than 30 days. James Tompkins by phone at (703) 305– used a safety factor analysis to assess 5697, by e-mail at A. What Do I Need to Do to File an the risk. For the same reasons the [email protected], or by mailing a Objection or Request a Hearing? additional tenfold safety factor is request for information to Mr. Tompkins unnecessary. The Agency has You must file your objection or at Registration Division (7505C), Office determined that there is a reasonable request a hearing on this regulation in of Pesticide Programs, Environmental certainty of no harm to infants and accordance with the instructions Protection Agency, 1200 Pennsylvania children from aggregate exposure to provided in this unit and in 40 CFR part Ave., NW., Washington, DC 20460. residues of sucroglycerides and that a 178. To ensure proper receipt by EPA, If you would like to request a waiver tolerance is not necessary. you must identify docket control of the tolerance objection fees, you must X. Other Considerations number OPP–301119 in the subject line mail your request for such a waiver to: on the first page of your submission. All James Hollins, Information Resources A. Endocrine Disruptors requests must be in writing, and must be and Services Division (7502C), Office of There is no available evidence that mailed or delivered to the Hearing Clerk Pesticide Programs, Environmental sucroglycerides are an endocrine on or before July 2, 2001. Protection Agency, 1200 Pennsylvania disruptor. 1. Filing the request. Your objection Ave., NW., Washington, DC 20460. must specify the specific provisions in 3. Copies for the Docket. In addition B. Analytical Method(s) the regulation that you object to, and the to filing an objection or hearing request An analytical method is not required grounds for the objections (40 CFR with the Hearing Clerk as described in for enforcement purposes since the 178.25). If a hearing is requested, the Unit VIII.A., you should also send a Agency is establishing an exemption objections must include a statement of copy of your request to the PIRIB for its from the requirement of a tolerance the factual issues(s) on which a hearing inclusion in the official record that is without any numerical limitation. is requested, the requestor’s contentions described in Unit I.B.2. Mail your on such issues, and a summary of any copies, identified by docket control C. Existing Exemptions evidence relied upon by the objector (40 number OPP–301119, to: Public There are no existing exemptions for CFR 178.27). Information submitted in Information and Records Integrity sucroglycerides. connection with an objection or hearing Branch, Information Resources and request may be claimed confidential by Services Division (7502C), Office of D. International Tolerances marking any part or all of that Pesticide Programs, Environmental The Agency is not aware of any information as CBI. Information so Protection Agency, 1200 Pennsylvania country requiring a tolerance for marked will not be disclosed except in Ave., NW., Washington, DC 20460. In sucroglycerides nor have any CODEX accordance with procedures set forth in person or by courier, bring a copy to the Maximum Residue Levels (MRLs) been 40 CFR part 2. A copy of the location of the PIRIB described in Unit established for any food crops at this information that does not contain CBI I.B.2. You may also send an electronic time. must be submitted for inclusion in the copy of your request via e-mail to: opp- public record. Information not marked [email protected]. Please use an ASCII XI. Conclusions confidential may be disclosed publicly file format and avoid the use of special Based on the information in this by EPA without prior notice. characters and any form of encryption. preamble, EPA concludes that there is a Mail your written request to: Office of Copies of electronic objections and reasonable certainty of no harm from the Hearing Clerk (1900), Environmental hearing requests will also be accepted aggregate exposure to residues of Protection Agency, 1200 Pennsylvania on disks in WordPerfect 6.1/8.0 or
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ASCII file format. Do not include any 12(d) (15 U.S.C. 272 note). Since government and Indian tribes.’’ This CBI in your electronic copy. You may tolerances and exemptions that are rule will not have substantial direct also submit an electronic copy of your established on the basis of a petition effects on tribal governments, on the request at many Federal Depository under FFDCA section 408(d), such as relationship between the Federal Libraries. the exemption in this final rule, do not government and Indian tribes, or on the require the issuance of a proposed rule, distribution of power and B. When Will the Agency Grant a the requirements of the Regulatory responsibilities between the Federal Request for a Hearing? Flexibility Act (RFA) (5 U.S.C. 601 et government and Indian tribes, as A request for a hearing will be granted seq.) do not apply. specified in Executive Order 13175. if the Administrator determines that the In addition, the Agency has Thus, Executive Order 13175 does not material submitted shows the following: determined that this action will not apply to this rule. There is a genuine and substantial issue have a substantial direct effect on States, of fact; there is a reasonable possibility on the relationship between the national XIV. Submission to Congress and the that available evidence identified by the government and the States, or on the Comptroller General requestor would, if established resolve distribution of power and The Congressional Review Act, 5 one or more of such issues in favor of responsibilities among the various U.S.C. 801 et seq., as added by the Small the requestor, taking into account levels of government, as specified in Business Regulatory Enforcement uncontested claims or facts to the Executive Order 13132, entitled Fairness Act of 1996, generally provides contrary; and resolution of the factual Federalism (64 FR 43255, August 10, that before a rule may take effect, the issues(s) in the manner sought by the 1999). Executive Order 13132 requires agency promulgating the rule must requestor would be adequate to justify EPA to develop an accountable process submit a rule report, which includes a the action requested (40 CFR 178.32). to ensure ‘‘meaningful and timely input copy of the rule, to each House of the by State and local officials in the Congress and to the Comptroller General XIII. Regulatory Assessment development of regulatory policies that Requirements of the United States. EPA will submit a have federalism implications.’’ ‘‘Policies report containing this rule and other This final rule establishes an that have federalism implications ’’ is required information to the U.S. Senate, exemption from the tolerance defined in the Executive Order to the U.S. House of Representatives, and requirement under FFDCA section include regulations that have the Comptroller General of the United 408(d) in response to a petition ‘‘substantial direct effects on the States, States prior to publication of this final submitted to the Agency. The Office of on the relationship between the national rule in the Federal Register. This final Management and Budget (OMB) has government and the States, or on the rule is not a ‘‘major rule’’ as defined by exempted these types of actions from distribution of power and 5 U.S.C. 804(2). review under Executive Order 12866, responsibilities among the various entitled Regulatory Planning and levels of government.’’ This final rule List of Subjects in 40 CFR Part 180 Review (58 FR 51735, October 4, 1993). directly regulates growers, food Environmental protection, This final rule does not contain any processors, food handlers and food Administrative practice and procedure, information collections subject to OMB retailers, not States. This action does not Agricultural commodities, Pesticides approval under the Paperwork alter the relationships or distribution of and pests, Reporting and recordkeeping Reduction Act (PRA), 44 U.S.C. 3501 et power and responsibilities established requirements. seq., or impose any enforceable duty or by Congress in the preemption Dated: April 13, 2001. contain any unfunded mandate as provisions of FFDCA section 408(n)(4). described under Title II of the Unfunded For these same reasons, the Agency James Jones, Mandates Reform Act of 1995 (UMRA) has determined that this rule does not Director, Registration Division, Office of (Public Law 104–4). have any ‘‘tribal implications’’ as Pesticide Programs. Nor does it require any special described in Executive Order 13175, Therefore, 40 CFR chapter I is considerations under Executive Order entitled Consultation and Coordination amended as follows: 12898, entitled Federal Actions to with Indian Tribal Governments (65 FR Address Environmental Justice in 67249, November 6, 2000). Executive PART 180—[AMENDED] Minority Populations and Low-Income Order 13175, requires EPA to develop Populations (59 FR 7629, February 16, an accountable process to ensure 1. The authority citation for part 180 1994); or OMB review or any Agency ‘‘meaningful and timely input by tribal continues to read as follows: action under Executive Order 13045, officials in the development of Authority: 21 U.S.C. 321(q), 346(a) and entitled Protection of Children from regulatory policies that have tribal 371. Environmental Health Risks and Safety implications.’’ ‘‘Policies that have tribal 2. In § 180.1001, the table in Risks (62 FR 19885, April 23, 1997). implications’’ is defined in the paragraph (c) is amended by adding This action does not involve any Executive Order to include regulations alphabetically the following inert technical standards that would require that have ‘‘substantial direct effects on ingredient to read as follows: Agency consideration of voluntary one or more Indian tribes, on the consensus standards pursuant to section relationship between the Federal § 180.1001 Exemptions from the 12(d) of the National Technology government and the Indian tribes, or on requirement of a tolerance. Transfer and Advancement Act of 1995 the distribution of power and * * * * * (NTTAA), Public Law 104–113, section responsibilities between the Federal (c) * * *
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Inert ingredients Limits Uses
******* Glycerides, edible fats and oils derived from plants and ani- emulsifier, dispersing agent. mals, reaction products with sucrose (CAS Reg. Nos. 100403Ð38Ð1, 100403Ð41Ð6, 100403Ð39Ð2, 100403Ð40Ð 5) *******
[FR Doc. 01–11093 Filed 5–2–01; 8:45 am] inspection during regular business been approved for discounts under the BILLING CODE 6560–50–S hours in the FCC Reference Center, universal service support mechanism on Room CY–A257, 445 Twelfth Street, behalf of,’’ and by inserting opening S.W., Washington, D.C., 20554. quotation marks after the phrase ‘‘or I certify’’. FEDERAL COMMUNICATIONS Correction COMMISSION 6. In § 54.520, on page 19398, in the 1. On page 19396, in the third third column, in paragraph (f), 47 CFR Part 54 column, ‘‘Subpart H—Administration’’ ‘‘December 21, 2000’’ is corrected to is corrected to read ‘‘Subpart F— [CC Docket No. 96–45; FCC 01–120] read ‘‘April 20, 2001’’ and by inserting Universal Service Support for Schools the phrase ‘‘or library’’ after the phrase Federal-State Joint Board on Universal and Libraries’’. ‘‘in which the school’’. Service: Children’s Internet Protection 2. On page 19396, in the third Federal Communications Commission. Act column, in paragraph 2, ‘‘subpart H’’ is Magalie Roman Salas, corrected to read ‘‘subpart F’’. Secretary. AGENCY: Federal Communications 3. In § 54.20, on page 19397, in the Commission. third column, in paragraphs [FR Doc. 01–11063 Filed 5–2–01; 8:45 am] ACTION: Final rule, correction. (c)(2)(iii)(A), (c)(2)(iii)(B), and BILLING CODE 6712–01–U (c)(2)(iii)(C), the phrase ‘‘for which you SUMMARY: This document corrects errors have requested or received Funding in the final rule portion regarding Commitments’’ is corrected to read ‘‘on DEPARTMENT OF COMMERCE implementation of the Children’s this Form 486.’’ Internet Protection Act (CIPA) 4. In § 54.520, on page 19397, in the National Oceanic and Atmospheric published in the Federal Register on third column, paragraph (c)(3)(i) is Administration April 16, 2001. corrected by inserting after the phrase DATES: Effective May 3, 2001. ‘‘paragraph (a)(3) of this section,’’ the 50 CFR Part 216 FOR FURTHER INFORMATION CONTACT: following phrase ‘‘other than one Jonathan Secrest or Narda Jones, requesting only discounts on Regulations Governing the Taking and Attorney, Common Carrier Bureau, telecommunications services for Importing of Marine Mammals Accounting Policy Division, (202) 418– consortium members.’’ CFR Correction 7400. 5. In § 54.520, on page 19398, in the SUPPLEMENTARY INFORMATION: This first column, in paragraph (c)(3)(ii) the In Title 50 of the Code of Federal summary contains corrections to the phrase ‘‘duly completed and signed Regulations, parts 200 to 599, revised as rule portion of the Commission’s Report certifications’’ is corrected to read ‘‘duly of October 1, 2000, Part 216 is corrected and Order, CC Docket No. 96–45; FCC completed and signed Forms 479,’’ and by removing Subpart N (§§216.151 01–120, 66 FR 19394 (April 16, 2001). the phrase ‘‘received under the through 216.157). The full text of the Commission’s Report universal service support mechanism [FR Doc. 01–55515 Filed 5–2–01; 8:45 am] and Order is available for public by’’ is corrected to read ‘‘that I have BILLING CODE 1505–01–D
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Proposed Rules Federal Register Vol. 66, No. 86
Thursday, May 3, 2001
This section of the FEDERAL REGISTER provide the status of the licensing action entertain new technologies or contains notices to the public of the proposed information collection initiative. The techniques which could be used to issuance of rules and regulations. The NRC hopes to gain widespread reduce unnecessary regulatory burden purpose of these notices is to give interested participation from (but not limited to) and provide a status on the information persons an opportunity to participate in the representatives from non-governmental collection initiative for licensing rule making prior to the adoption of the final rules. organizations, industry, Federal actions. agencies, State governments, local To elaborate, the NRC Strategic Plan, governments, international Fiscal Year 2000–Fiscal Year 2005 NUCLEAR REGULATORY organizations, and private citizens. (Volume 2, Part I) and the companion COMMISSION Following the workshop, the NRC staff document Strategic Plan Appendix plans to prepare a staff paper to the (Volume 2, Part 2) explain NRC 10 CFR Part 50 Commission to articulate stakeholder’s performance goals to: (1) Maintain interest, comments, and safety, protection of the environment, Reducing Unnecessary Regulatory recommendations regarding this and common defense and security; (2) Burden While Maintaining Safety initiative. increase public confidence; (3) make Workshop and Comments NRC activities and decisions more DATES: The workshop will be held on effective, efficient, and realistic; (4) AGENCY: Nuclear Regulatory May 31, 2001—8:30 a.m. to 5:00 p.m. reduce unnecessary regulatory burden Commission. The comment period expires July 2, on licensees. Stakeholders generally ACTION: Notice of public workshop and 2001. include the public, licensees, other request for comments. ADDRESSES: The workshop will be held Federal Agencies, States, local SUMMARY: Consistent with the Nuclear at NRC Headquarter Offices, Two White governments, industry, the international Regulatory Commission (NRC) Strategic Flint, Auditorium, 11545 Rockville community, non-government Plan and the Energy and Water Pike, Rockville, Maryland, 20555–0001. organizations and others. (The Appropriations Bill, 2000, the Written comments may be sent to: Chief, referenced documents and ADAMS Commission has directed the staff to Rules and Directives Branch, U.S. references are available through the maintain plant safety and improve Nuclear Regulatory Commission, Mail NRC website ‘‘www.nrc.gov/NRC/ public confidence, but reduce Stop T–06 D59, Washington, D.C., PUBLIC/meet.html’’ under ‘‘Nuclear unnecessary regulatory burden. Within 20555–0001. Comments may be hand Regulatory Research’’ or ‘‘RES.’’) The this context, unnecessary regulatory delivered to 11545 Rockville Pike, Energy and Water Appropriations Bill, burden is defined as regulatory Rockville, Maryland, 20555–0001. 2000, states in part that: requirements that do not aid the FOR FURTHER INFORMATION CONTACT: * * * The Committee directs the Commission in its mission to protect Francis X. Cameron, the facilitator of Commission to examine reforms to the scope public health and safety. A workshop this workshop, Mail Stop O–15 D21, of power reactor regulations that will will be held to inform and solicit telephone (301) 415–1642; Internet: promote a higher level of confidence that the stakeholder input on activities [email protected]; or William S. Raughley revised regulations, when issued, are associated with reducing unnecessary regarding comments, telephone (301) consistent with the fundamental regulatory burden. Comments can be 415–7577; Internet: [email protected], U.S. accountability of the Commission and that Nuclear Regulatory Commission, regulations which do not contribute to provided orally at the workshop, or in adequate protection are eliminated. The writing within 30 days following the Washington, DC 20555–0001. Committee directs that these efforts be workshop. The workshop will be a For material related to the meeting, completed no later than December 31, 2000. facilitated round table format with please contact U.S. NRC Public Affairs In addition, the committee directs the participants representing the broad Office (301) 415–8200. Commission to review existing regulations to spectrum of affected interests. There SUPPLEMENTARY INFORMATION: reform those that are outdated or paperwork will also be opportunities for audience oriented to a set of regulations that are comments and questions. Although Background performance based by 2004. unnecessary burden reduction Consistent with the NRC Strategic The NRC Strategic Plan and the initiatives are ongoing agency-wide, this Plan and the Energy and Water Energy and Water Appropriations Bill, workshop will primarily focus on three Appropriations Bill, 2000, NRC has 2000 provide the framework for NRC areas: Risk informing portions of 10 CFR several initiatives planned to reduce initiatives to reduce the unnecessary Part 50, reforming outdated or unnecessary regulatory burden on regulatory burden on licensees. The paperwork oriented regulations, licensees. Although unnecessary burden NRC Strategic Plan defines the reviewing other regulatory requirements reduction initiatives are agency-wide, unnecessary regulatory burden for NRC (e.g., technical specifications) for this workshop will primarily focus on licensees as requirements that go burden reduction opportunities. initiatives associated with the following beyond what is necessary and sufficient Depending on comments and three areas: (1) Risk informing portions for providing reasonable assurance that discussions received during or of 10 CFR Part 50, (2) reforming public health and safety, the following this workshop, other outdated or paperwork oriented environment, and the common defense workshops may follow. This workshop regulations, and (3) seeking unnecessary and security will be protected. will also entertain new technologies or burden reduction in other regulatory Consistent with the NRC Strategic Plan, techniques that could be used to reduce requirements (e.g., technical the NRC is seeking stakeholder input to unnecessary regulatory burden and will specifications). The workshop will also identify and discuss opportunities for
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reducing unnecessary regulatory burden to: (1) Provide an NRC management ‘‘framework’’ document (a document the while maintaining safety. By reducing perspective of efforts to reduce staff is using to guide Option 3 unnecessary regulatory burden, both the unnecessary burden including the activities). In SECY–00–0086, based on NRC and licensee resources may be relationship between the individual meetings with stakeholders and input made available to more effectively focus efforts and the input needed from the from industry, 10 CFR 50.44 ‘‘Standards on maintaining safety. During the past stakeholders; (2) explain the NRC plans For Combustible Gas Control System In 30 years, an ever-increasing body of in the areas of risk informing 10 CFR Light-Water-Cooled Power Reactors,’’ technical knowledge and operating Part 50, reforming outdated and and 10 CFR 50.46, ‘‘Acceptance Criteria experience has been accumulated that paperwork requirements, and reviewing For Emergency Cooling Systems For may allow for refinements and other regulatory requirements; (3) share Light-Water Reactors,’’ were listed as a enhancement in NRC requirements that inputs received to date from high priority candidate regulations for can reduce the unnecessary regulatory stakeholders; (4) obtain broader evaluation under Option 3. burden while assuring maintenance of participation and stakeholder input In SECY–00–0198, ‘‘Status Report on safety. Not all the NRC requirements regarding the scope and relative Study of Risk-Informed Changes to the may have been updated to take into priorities of these initiatives including Technical Requirements of 10 CFR Part account these advances. The NRC new technologies; (5) provide context 50 (Option 3) and Recommendations on believes that for some areas of NRC for identifying unrecognized Risk-Informed Changes to 10 CFR 50.44 regulations and practices, the burden is opportunities and exploring concerns (Combustible Gas Control),’’ September not commensurate with the safety associated with unnecessary regulatory 14, 2000, the staff provided a status benefit. burden reductions; and (6) provide a report focusing on the results of its foundation for stakeholders to provide feasibility study and recommendations Discussion detailed written comments on the to risk-inform 10 CFR 50.44, an updated From the NRC’s perspective the agency’s unnecessary burden reduction framework document, and a short status initiatives described below for reducing initiatives and specific questions. of other Option 3 work underway. In the unnecessary regulatory burden have The following summarizes SECY–00–0198, the staff indicated that common attributes: (1) The NRC unnecessary burden reduction work had been initiated to develop risk- Strategic Plan and the Energy and Water initiatives that will be discussed at the informed alternatives to the current 10 Appropriations Bill, 2000 provide the workshop. CFR 50.46. More recently, the status of incentive and framework for these this work has been described noting the Risk Informing the Regulations initiatives; (2) each initiative is planned need for more stakeholder involvement to result in revisions to regulatory The staff has under way two in a memorandum to the Commission documents or plant technical initiatives for risk-informing 10 CFR dated February 5, 2001 (Adams specifications; (3) while each initiative Part 50, first described, and options Accession Number ML010260032). is expected to result in the reduction of defined in SECY–98–300, ‘‘Options for Risk-informed changes to 10 CFR unnecessary regulatory burden, Risk-informed Revisions to 10 CFR Part 50.61, ‘‘Fracture Toughness expected levels of safety will be 50, Domestic Licensing of Production Requirements for Protection Against maintained; and (4) the plans to reduce and Utilization Facilities,’’ dated PTS Events,’’ are also under evaluation. the unnecessary regulatory burden December 23, 1998. In the first initiative The status and schedule for this work while maintaining safety need greater (SECY–98–300, ‘‘Option 2’’) the staff is were reported in SECY–00–0140, stakeholder involvement in, and addressing risk-informed changes to the ‘‘Reevaluation of the Pressurized understanding of, the goals of the regulatory scope for structures, systems, Thermal Shock Rule (10 CFR 50.61) overall initiative; the relative priorities and components in need of special Screening Criterion,’’ June 23, 2000. of the initiatives including those treatment (e.g., quality assurance, The staff requested public comment initiatives that will result in the burden environmental qualification). This on SECY–00–213, ‘‘Risk-Informed reductions with no safety impact; and initiative does not address changing the Regulation Implementation Plan,’’ the identification and prioritization of technical content of the special October 26, 2000, in a Federal Register candidate changes within each treatment requirements, the design of Notice (65 FR 80473) on December 21, initiative. Removal of unnecessary the plant or the design-basis accidents. 2000. Input received from stakeholders regulatory burden can only be to the In the second initiative (SECY–98–300, and work done to date on Option 3 by extent it is feasible and cost effective. In ‘‘Option 3’’) the staff is assessing the the staff are being considered in addition, having involved the risk-significance of technical determining which regulations from 10 stakeholders, the overall plans, the requirements associated with the special CFR Part 50 are candidates to be risk- milestones we intend to meet, and treatment requirements in 10 CFR Part informed. The staff-identified status should be communicated to the 50. This work is closely linked and candidates identified to date are listed Commission periodically and made integrated with the effort under Option in Table A–2 in Attachment 1 to SECY– publicly available. 2. 00–0198. The staff plans to (1) hold a workshop In SECY–99–264, ‘‘Proposed Staff to communicate to and obtain feedback Plan for Risk-Informing Technical Unnecessary Burden Reduction While from stakeholders regarding NRC plans Requirements in 10 CFR Part 50,’’ dated Maintaining Safety for reducing unnecessary regulatory November 8, 1999, the staff provided A trip report (Adams Accession burden while maintaining safety and (2) the original plan and schedule for its Number ML003725832) summarizes a provide an opportunity for written work to risk-inform the technical public meeting on June 14, 2000, feedback after the meeting. requirements of 10 CFR Part 50 (Option between the NRC Office of Nuclear The enclosed workshop agenda is 3). In SECY–00–0086, ‘‘Status Report on Regulatory Research (RES) and designed to provide the opportunity for Risk-Informing the Technical Commonwealth Edison (Com-Ed) to meaningful stakeholder interaction and Requirements of 10 CFR Part 50 (Option understand concerns with some involvement and provide stakeholders 3),’’ April 12, 2000, the staff provided a regulations that it perceives to impose with a foundation to provide written status report on Option 3 activities, unnecessary regulatory burden. The trip comments. The specific objectives are including an initial version of the report attachments include a list of
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items they consider to be unnecessary Proposed Information Collection The NRC is interested in other regulatory burden. Com-Ed explained Initiative opportunities. that the list was illustrative but not A Federal Register Notice (Adams Obtaining Broad Stakeholder Input exhaustive. Accession Number ML003771785) The NRC reviewed the list, and it soliciting public comments on the We are interested in stakeholder appeared the items fell into four proposed information collection was feedback on the priority of the categories: (1) Items that seem to be published on December 7, 2000. The candidates, to recommend what simple revisions to outdated or purpose of the information collection additional work should be in the scope paperwork requirements of apparently initiative is to gather information from of unnecessary burden reduction little or no safety benefit; these items licensees regarding the impact of the initiatives and to obtain general could be further grouped into outdated, NRC activities. As discussed in the concerns. The feedback should consider redundant, collection, reporting, or Federal Register notice (FRN), the factors such as potential safety benefit paperwork-oriented-type regulations information gathered from the proposal and stakeholder interest, as well as the and are candidates to satisfy the would assist the Office of Nuclear Congressional request; (2) complex agency’s four performance goals. The Reactor Regulation (NRR) staff in stakeholders are encouraged to technical changes needing NRC allocating staff resources and measuring resources and prioritizing in the budget participate in the workshop discussion how the work the NRR staff completes sessions and provide written comment. and planning process; some of these contributes to the agency goals and The following questions will help to items can be integrated into ongoing or meets the Government Performance and start each workshop discussion session planned initiatives such as risk Results Act (GPRA). Five different informing 10 CFR 50.46; (3) items that groups commented on the proposed as well as provide a format for are unlikely to be considered as part of initiative (Tennessee Valley Authority, comments: current staff initiatives; (4) items already Illinois Department of Nuclear Safety, 1. What aspects of these initiatives being processed for rulemaking. Winston and Strawn, Hopkins and interfere with the NRC ability to Subsequently, the Industry Licensing Sutter, and the Nuclear Energy maintain safety or increase public Action Task Force provided a list of Institute). Comments received from the confidence? outdated or paperwork requirements it public were generally not in favor of the considered to be unnecessary regulatory 2. Will implementation of these proposed initiative. Based on the public initiatives improve regulatory burden that was similar to items in the comments, the staff believes that to efficiency, effectiveness, and realism? Com-Ed list. proceed with the initiative as it was Resources have been assigned to originally proposed in the FRN is not 3. Beyond this meeting and the develop a plan to evaluate outdated or feasible and is not an effective use of request for comments, how can paperwork requirements. However, NRC resources. Thus, the staff has stakeholder participation in these rather than evaluating individual lists, explored other means of achieving the initiatives be enhanced? the NRC believes that it would be objectives and identified the following 4. Which areas being pursued will not efficient to obtain an exhaustive list of two options that will be discussed at the likely be fruitful to stakeholders, or candidate outdated or paperwork workshop: otherwise have a negative impact on requirements considered to be Option 1—The NRR Project Manager stakeholder needs? unnecessary regulatory burden before would indicate whether the amendment evaluating changes to outdated or reduces: radiation dose, risk, outage 5. Are ongoing and future activities to paperwork requirements. In addition, time, increases safety, or is reduce unnecessary burden the NRC would like to hear from other administrative. Criteria/guidance would appropriately prioritized? Which stakeholders regarding the possible be developed to categorize the various activities should receive the highest reduction of outdated and paperwork amendments. At the end of the fiscal priority and why? requirements. year, the staff would determine how 6. Are there any other opportunities Reviewing Other Regulatory many of the licensing actions fell into that have not been recognized or being Requirements each category and make a rough pursued at this time. Identify: (a) The estimate regarding cost savings. regulation or portion thereof that should In addition to reviewing NRC Option 2—Criteria would be be evaluated; (b) possible improvements regulations, the NRC staff is involved in developed to determine whether an to the regulations; (c) the basis for the various activities to assess other amendment was a low, medium, or high proposed reduction including the regulatory requirements and savings to the licensee. The licensee potential impact on safety, public administrative processes to identify would indicate which category the confidence, regulatory effectiveness and possible improvements in efficiency or amendment falls into. The staff would efficiency; and (d) the estimate dollar reductions in unnecessary regulatory need input from the industry to develop burden. The staff is currently reviewing the criteria and would need individual cost saving per year. its internal procedures and processes, licensees to categorize amendments 7. What advancements in technology various reporting or administrative upon submittal to the NRC. would help NRC better meet its requirements imposed on power reactor performance goal of reducing New Technologies or Techniques licensees, and is continuing with unnecessary burden on stakeholders? initiatives related to the content of Advances in computational capability 8. What new areas of regulatory technical specifications. Specific types and data permit more realistic modeling research may be warranted to advance of activities underway are discussed in of reactor behavior and may provide technology that could better serve these ‘‘Summary of Meeting Held on February opportunities for reducing unnecessary 7, 2001, Between the NRC Staff and burden while maintaining safety. Recent initiatives? Industry Licensing Action Task Force,’’ examples include revised source terms Dated at Rockville, Maryland, this 27th day dated March 29, 2001 (Adams and current efforts to risk inform 10 CFR of April 2001. Accession Number ML010890109). 50.44, 10 CFR 50.46, and 10 CFR 50.61.
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For the Nuclear Regulatory Commission. ADDRESSES: You may submit your an unbound format, no larger than 81⁄2 Farouk Eltawila, written comments and related material by 11 inches, suitable for copying and Acting Director, Division of Systems Analysis by one of the following methods: electronic filing. If you submit them by and Regulatory Effectiveness, Office of (1) By mail to the Docket Management mail and would like to know they were Nuclear Regulatory Research. Facility, (USCG–2000–7442), U.S. received, enclose a stamped, self- Tentative Agenda—Reducing Department of Transportation, room PL– addressed postcard or envelope. The Unnecessary Regulatory Burden While 401, 400 Seventh Street SW., Coast Guard will consider all comments Maintaining Safety Workshop Washington, DC 20590–0001. and material received during the (2) By hand to room PL–401 on the comment period. All comments, 8:30–8:45 Welcome and Introduction Plaza level of the Nassif Building, 400 including those previously submitted 8:45–9:00 Meeting Objectives, Seventh Street SW., Washington, DC, under the CGD 89–014 docket, may be Structure and Groundrules between 9 a.m. and 5 p.m., Monday viewed at http://dms.got.gov. 9:00–9:15 Overview of NRC Initiative through Friday, except Federal holidays. to Reduce Unnecessary Regulatory The telephone number is 202–366– Background and Purpose Burden 9329. On May 24, 1989, the Coast Guard 9:15–10:30 Risk Informing 10 CFR Part (3) By fax to the Docket Management published in the Federal Register (54 50 Participants Discussion Facility at 202–493–2251. FR 22546), an Interim Rule with request 10:30–10:45 Break (4) Electronically through the Web for comments (docket number CGD 89– 10:45–11:45 Paperwork Reduction and Site for the Docket Management System 014), implementing the permitting and Obsolete Regulations Participants at http://dms.dot.gov. numbering requirements of the Shore Discussion The Docket Management Facility Protection Act (33 U.S.C. § 2601 et seq.). 11:45–1:00 Lunch Break maintains the public docket for this In response, the Coast Guard received 1:00–1:45 Licensing Actions to Reduce notice. Comments and documents, as six comments. After it was determined Unnecessary Burden Participants indicated in this notice, will become that the procedures outlined in the Discussion part of this docket and will be available Interim Rule were operating 1:45–3:15 Other NRC Initiatives for inspection or copying at room PL– successfully, the Coast Guard published Related to Unnecessary Burden 401 on the Plaza Level of the Nassif a Notice of Withdrawal in the Federal Reduction Participants Discussion Building at the same address between 9 Register (60 FR 64001) on December 13, 3:15–3:30 Break a.m. and 5 p.m., Monday through 1995, to discontinue the rulemaking. 3:30–4:30 Open discussion Friday, except Federal holidays. You The intent was to close the rulemaking 4:30–4:45 Summary and Closure may electronically access the public project. However, due to an oversight, [FR Doc. 01–11108 Filed 5–2–01; 8:45 am] docket for this notice on the Internet at the Interim Rule was never finalized. http://dms.dot.gov. The Interim Rule has been in place for BILLING CODE 7590–01–P FOR FURTHER INFORMATION CONTACT: For the past 11 years, and the Coast Guard information concerning this reopened believes these procedures have been comment period, contact Ensign operating in a satisfactory manner. DEPARTMENT OF TRANSPORTATION William Sportsman, Office of Operating Therefore, the Coast Guard intends to finalize the Interim Rule as published, Coast Guard & Environmental Standards (G–MSO–2), U.S. Coast Guard Headquarters, and the first step in this process is to reopen the comment period for the 33 CFR Part 151 telephone 202–267–0226. For questions on viewing, or submitting material to Interim Rule. [USCG–2000–7442] the docket, contact Dorothy Beard, Discussion of Comments and Changes Chief, Dockets, Department of RIN 2115–AD23 Transportation, telephone 202–366– The Coast Guard received six letters 5149. commenting on the Interim Rule. In the Permits for the Transportation of following paragraphs, the Coast Guard Municipal and Commercial Waste SUPPLEMENTARY INFORMATION: discusses the comments received, and explains any changes made to the AGENCY: Coast Guard, DOT. Request for Comments regulations. The Coast Guard first ACTION: Notice of intent with request for The Coast Guard encourages you to discusses general comments, and comments. participate in this rulemaking by secondly discusses comments regarding submitting your comments and related specific sections of the regulations. SUMMARY: The Coast Guard is advising material. To do so, please include your the public of its intent to finalize name and address, identify the docket General Comments regulations previously published as an number for this notice (USCG–2000– One comment suggested that the rule Interim Rule (IR) in the Federal Register 7442), indicate the specific section of require the same waste handling (54 FR 22546) on May 24, 1989. These the Interim Rule that you are practices as stipulated in section 4103 of regulations have been codified at 33 commenting on, and give the reason for SPA. The comment also suggested the CFR Part 151. The IR was published to each comment. You may submit your Coast Guard consider an operator’s implement the permitting and written comments and material by mail, record of compliance with the required numbering requirements of the Shore hand, fax, or electronic means to the practices when deciding to approve or Protection Act (SPA), but was never Docket Management Facility at the deny a permit. published as a Final Rule. Because of address under ADDRESSES; but please do The requirements for waste handling the lapse in time since the IR not submit the same comment or practices are outside the scope of this publication, the Coast Guard is seeking material by more than one means. Do rulemaking. The Environmental comments from the public before not submit comments on the Interim Protection Agency (EPA) is responsible finalizing the IR. Rule that have already been made part for implementing section 4103 of SPA. DATES: Comments must be received on of the CGD 89–014 docket. If you submit One comment asked why the Interim or before August 1, 2001. them by mail or hand, submit them in Rule did not include regulations
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implementing sections 4104 through Guard intends to make no revisions withhold issuance of a permit if the COI 4109 of SPA. This section of SPA based on these comments. is invalid. concerns suspensions and revocations, Three comments opposed applying The Coast Guard does not agree with enforcement, subpoena authority, and the Interim Rule to vessels carrying non- this comment. Vessels holding a COI are permit fees and penalties. The comment hazardous oil field waste. These vessels currently inspected on regularly asked the Coast Guard to explain how are required to obtain a Certificate of scheduled intervals. If the COI is it will implement these requirements. Inspection (COI), meet route and cargo invalid, the vessel is not expected to be As stated in the preamble to the restrictions, construction standards, and operating on the navigable waters of the Interim Rule, the Coast Guard will stability standards under rules United States. Another comment requested that the initiate two regulatory projects to promulgated in the Coast Guard’s Coast Guard include a statement in implement the responsibilities Navigation and Vessel Inspection Circular (NVIC) Number 7–87, § 151.1015(b)(2)(ii)(A) that clarifies that delegated under SPA. This document ‘‘Guidance on Waterborne Transport of if there is a change of vessel operator or finalizes the first regulatory project Oil Field Wastes.’’ The comments owner, the permit is no longer valid. In covering the issuing of permits and the argued that vessels under the NVIC 7– the Interim Rule, § 151.1015(b)(2)(ii)(A) numbering of vessels. Regulations 87 already meet a higher degree of states that a permit will only be implementing the other provisions of scrutiny than is mandated by SPA. terminated if the vessel is sold or if SPA may be proposed under a separate The Coast Guard agrees with these subpart B no longer applies to the rulemaking in the future. comments. To reduce the regulatory vessel. Comments Regarding Specific Sections burden, vessels operating under the The Coast Guard does not agree with NVIC 7–87 program already meet this comment. We believe the current Applicability (§ 151.1003) regulatory standards similar to these language of the Interim Rule is sufficient Three comments stated that numerous regulations and are exempt from having to enable compliance. crew, work, supply, and service vessels to obtain a permit. Thus, vessels Two comments stated that although engaged in support of oil or gas engaged in transporting non-hazardous § 151.1015 details the denial of a permit, operations in the Outer Continental oil field waste were never intended to it unnecessarily focuses on Shelf occasionally transport commercial be included in the application of the completeness and accuracy of the forms waste and garbage. This waste is Interim Rule. This is evidenced by the instead of substantive information such generated on offshore platforms and fact that they were never specifically as the history of the operator or the mobile offshore drilling units and is listed in 33 CFR 151.1003, condition of the vessel. considered minor and incidental cargo. Applicability, or 33 CFR 151.1006, The Coast Guard understands that The comments stated that these vessels Definitions. permit applicants can be frustrated with the level of accuracy required in the should be exempt from the requirements Issuing or Denying the Issuance of a forms; however, this information is a of the Interim Rule because they are not Conditional Permit (§ 151.1015) necessary step in ensuring that permit dedicated to nor designed for the The Coast Guard received four transport of commercial waste. One of applicants are capable of meeting the comments regarding the permit issuance requirements for a permit. the comments also suggested that procedures and policies. Two comments lightering and other small vessels wanted the Officer in Charge, Marine Withdrawal of a Conditional Permit should be exempt from the regulations Inspection (OCMI) or the Captain of the (§ 151.1018) because they transport plastics and Port (COTP) where the vessel will Three comments questioned whether other wastes ashore from vessels in port. operate to participate in the issuance § 151.1018 is consistent with SPA. SPA These vessels are prohibited from procedures. One comment stated that it allows the Coast Guard to issue or deny discharging waste into the ocean under would be appropriate and convenient a permit after consulting with the EPA. the International Convention for the for the OCMI or COTP to approve (or However, the Interim Rule does not Prevention of Pollution from Ships, deny) the application. The comment include the consultation with EPA 1973, as modified by the Protocol of noted that the OCMI or COTP ‘‘will before issuance of a permit. SPA also 1978 (MARPOL 73/78, Annex V). surely be involved in verifying allows the Coast Guard to deny a permit The Coast Guard agrees with these information, investigating complaints, if the owner or operator of the vessel has comments. This rule only applies to and monitoring compliance in any a pattern of serious violations. However, owners and operators of vessels whose case.’’ Another comment suggested that the Interim Rule only allows the Coast primary purpose is the transportation of the Coast Guard send a copy of the Guard to withdraw a permit at the municipal or commercial waste. The issued permit to the OCMI or COTP. request of EPA. The comments stated Coast Guard recognizes that there are The Coast Guard does not agree with that SPA gives the Coast Guard the vessels that transport waste incidental these comments. It will be more authority to withdraw a permit, but the to the primary purpose or business of efficient to issue the permits from a Coast Guard has excluded its own the vessel. While the owners and central location because vessels subject authority in the Interim Rule. operators of these vessels must take to these regulations may operate in more The Coast Guard implemented the appropriate precautions to ensure that than one COTP or OCMI zone of application procedures in the Interim they do not deposit waste into the responsibility. The owner or operator is Rule to eliminate unnecessary delays for waters of the United States during required to maintain the permit onboard vessel owner/operators seeking to transport, the Coast Guard does not the vessel. Therefore, a copy of the continue an ongoing business. intend for this rule to apply to these permit will be available for the COTP or Conversely, the Coast Guard wanted to vessels. As stated in the Interim Rule, an OCMI to examine whenever necessary. ensure that any decision to revoke a owner or operator will only be required The Coast Guard will not make any permit was substantiated by an agency to hold a permit if the vessel is hired to changes to § 151.1015 based on these that could act as a neutral agent. transport municipal or commercial comments. One comment stated that it believes waste for a specific voyage or for a For vessels requiring a COI, one that the Coast Guard would initiate specific time. Therefore, the Coast comment suggested the Coast Guard withdrawal of a permit for various
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reasons, such as improper vessel SUMMARY: The Copyright Office is On October 27, 1998, President conditions. The comment asked the proposing amendments to its regulation Clinton signed into law the Sonny Bono Coast Guard to include provisions for governing notices of termination of Copyright Term Extension Act, (‘‘the these withdrawals and cite the penalty transfers and licenses covering the Act’’), Pub. L. 105–298, 112 Stat. 2827 provisions for a violation of §§ 151.1009 extended renewal term. The current (1998). The Act amended the copyright and 151.1018(c) in the Interim Rule. regulation is limited to notices of law, title 17 United States Code, to The Interim Rule listed conditions terminations made under section 304(c) extend for an additional 20 years, the that would lead to the withdrawal of a of the copyright law. The Sonny Bono term of copyright protection in the permit, citing a record or pattern of Copyright Term Extension Act created a United States. For works in which the violations of five environmental separate termination right under section duration of protection was determined protection acts. Permit withdrawal 304(d). Under the proposed regulation, under section 304 of title 17, the proceedings would be restricted to the procedures governing notices of renewal term was extended from 47 conditions authorized by the act. Civil termination of the extended renewal years to 67 years. Like the Copyright Act and criminal penalties for violations of term would cover notices made under of 1976, the Sonny Bono Copyright the Shore Protection Act are outlined in either section 304(c) or 304(d). Term Extension Act also contained a 33 USC § 2608 and § 2609. DATES: Comments should be in writing termination provision covering the newly extended part of the extended Display of Number (§ 151.1024) and received on or before June 18, 2001. ADDRESSES: If sent By Mail, ten copies renewal term (i.e., the last twenty years). Two comments objected to the of written comments should be Established under section 304(d) of the requirement that vessel numbers addressed to: David O. Carson, General copyright law, this new right of displayed have to be at least 44 Counsel, Copyright GC/I&R, P.O. Box termination was limited to authors and centimeters (18 inches) in height. One 70400, Southwest Station, Washington, other successors-in-interest specified in comment noted that the requirement for DC 20540. If Hand Delivered, ten copies the statute who had not previously marking a tank vessel (found in 46 CFR should be brought to: Office of the terminated under section 304(c). 32.05–10 and 32.05–15) allows a vessel General Counsel, Copyright Office, The termination provision created by to be marked with figures that are 15 James Madison Memorial Building, section 304(d) largely incorporates by centimeters (6 inches) high. Room LM–403, First and Independence reference the standards established by The Coast Guard disagrees with these Avenue, SE., Washington, DC. section 304(c). Since notices of comments. Personnel involved with termination may be served up to ten FOR FURTHER INFORMATION CONTACT: enforcement of these regulations must years before the termination is to take David O. Carson, General Counsel, or be able to easily identify a vessel’s effect, the right to serve termination Kent Dunlap, Principal Legal Advisor notices under section 304(d) vested permit numbers from great distances or for the General Counsel. Telephone: immediately upon the enactment of the altitudes including while a vessel is at (202) 707–8380. Telefax: (202) 707– Sonny Bono Copyright Term Extension sea. Because of this, permit numbers 8366. need to be easily distinguishable from Act. Although the Copyright Office has other markings displayed on a vessel. SUPPLEMENTARY INFORMATION: Under the not put in place final regulations One comment noted that there is an 1909 copyright law, which was in effect governing notices of termination issued incorrect section citation in the Interim until January 1, 1978, works were under section 304(d), the Copyright Rule. Paragraph (b) of § 151.1009 subject to a renewal system in which the Office Documents Section has already references § 151.104, which does not term of copyright was divided into two received a number of such notices for exist. The correct reference is consecutive terms. Under the system recordation. The Copyright Office has § 151.1024, pertaining to permit initially established by the 1909 proceeded with recording these notices numbers. The Coast Guard amended legislation, the duration of copyright under its existing provisions for § 151.1009(b) to reflect the correct protection was an initial copyright term recordation of notices of termination reference in a correction notice of 28 years and a renewal term of an pursuant to section 304. However, it is published in the Federal Register on additional 28 years. The Copyright Act desirable that the Office’s regulations on June 5, 1989 (54 FR 24078). of 1976, Pub. L. 94–554, retained the notices of termination be amended to renewal system for works that had Dated: March 16, 2001. provide expressly for notices of subsisting copyrights on January 1, termination pursuant to section 304(d). Joseph J. Angelo, 1978. However, under section 304 of the The Copyright Office has concluded Director of Standards, Acting Assistant copyright law (17 U.S.C. 304), the that, with a few adjustments, § 201.10 Commandant for Marine Safety and renewal term was extended to 47 years, can be adapted to cover terminations Environmental Protection. creating a total potential term of under either section 304(c) or section [FR Doc. 01–10970 Filed 5–2–01; 8:45 am] protection of 75 years. 304(d). The proposed regulation begins BILLING CODE 4910–15–P Besides generally extending the by adding introductory text clarifying renewal term to 47 years, Congress also that the scope of the regulation covers provided a termination procedure terminations under either sections LIBRARY OF CONGRESS authorizing the termination of transfers 304(c) or 304(d). In provisions where or licenses during the extended renewal the current regulation refers to section Copyright Office term. Established under section 304(c) 304(c), the proposed regulation has been of the copyright law, this provision modified to add an alternative reference 37 CFR Part 201 created a means for authors and their to section 304(d). Finally, a reference to [Docket No. 2001–2] surviving spouses and offspring to section 304(d) has been added to secure the benefits of the additional 19 § 201.4(a)(v) regarding recordation of Notice of Termination years added to the renewal term. In transfers and certain other documents. AGENCY: Copyright Office, Library of 1977, the Copyright Office adopted a Paragraph (b) relating to contents of Congress. regulation establishing the procedures the notice would add two substantive for exercising the termination right. 37 changes not in the current regulation. ACTION: Notice of proposed rulemaking. CFR 201.10 Section (b)(i) of the proposed regulation
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requires that if the termination is made § 201.4 [Amended] (ii) If there is reason to believe that under section 304(d), the notice should 2. Amend § 201.4(a)(1)(v) by adding such rights have been transferred by the provide a statement to that effect. Most ‘‘and (d)’’ after ‘‘304(c)’’. grantee to a particular successor in title, of the notices of termination made 3. Section 201.10 is amended as the notice is served on such successor under section 304(d) which have been follows: in title. received in this Office already contain a. by adding introductory text before * * * * * such a statement. Inclusion of this paragraph (a); (4) Compliance with the provisions of requirement in the regulation appears to b. by revising paragraphs (c)(2), (d)(2), paragraphs (d)(2) and (3) of this section be a logical addition and would provide (d)(4) and (e); will satisfy the service requirements of c. by redesignating paragraphs (b)(1)(i) clarity to the notice. No corresponding either section 304(c) or section 304(d) of through (v) as (b)(1)(ii) through (v) and requirement has been imposed in title 17, U.S.C., whichever applies. notices of termination issued under (vii), respectively; and d. by adding new paragraphs (b)(1)(i) However, as long as the statutory section 304(c) because such a requirements have been met, the failure requirement would upset established and (b)(1)(vi). The revisions and additions to § 201.10 read as follows: to comply with the regulatory practices in issuing notices under that provisions of paragraph (d)(2) or (d)(3) section. § 201.10 Notices of termination of of this section will not affect the validity The second substantive change adds a transfers and licenses covering extended of the service. new § 201.10(b)(vi) requiring notices renewal term. (e) Harmless errors. (1) Harmless issued under section 304(d) to contain This section covers notices of errors in a notice that do not materially a statement ‘‘that the rights in the termination of transfers and licenses affect the adequacy of the information extended renewal term which are being covering the extended renewal term required to serve the purposes of either terminated have not been subject to a under sections 304(c) and 304(d) of title section 304(c) or section 304(d) of title previous termination.’’ This is a 17, U.S.C. 17, U.S.C., whichever applies, shall not statutory requirement imposed in * * * * * render the notice invalid. section 304(d). Incorporating the (b) * * * (2) Without prejudice to the general requirement as part of the contents (1) * * * rule provided by paragraph (e)(1) of this helps ensure that second notices of (i) If the termination is made under section, errors made in giving the date termination covering the same rights section 304(d), a statement to that effect; or registration number referred to in already terminated by a previous notice * * * * * paragraph (b)(1)(iii) of this section, or in will not be served and recorded. This (vi) If termination is made under complying with the provisions of provision is not intended to preclude section 304(d), a statement that the paragraph (b)(1)(vii) of this section, or in one joint author who has not previously rights which are being terminated have describing the precise relationships exercised his termination right from not been subject to a previous under paragraph (c)(2) of this section, terminating, even in cases where other termination pursuant to section 304; shall not affect the validity of the notice joint authors have exercised such rights. and if the errors were made in good faith Section 304(c) permits joint authors to * * * * * and without any intention to deceive, exercise their termination rights (c) * * * mislead, or conceal relevant separately. H.R. Rep. No. 94–1476, at (2) In the case of a termination of a information. 141 (1976). grant executed by one or more of the * * * * * The Copyright Office seeks public authors of the work, the notice as to any 4. Amend the new § 201.10(b)(1)(vii) comment on these two proposed one author’s share shall be signed by by removing ‘‘paragraph (v)’’ and adding substantive additions to the required that author or by his or her duly ‘‘paragraph (vii)’’. authorized agent. If that author is dead, content of the notice of termination. The Dated: April 26, 2001. Copyright Office does not propose that the notice shall be signed by the number Marybeth Peters, the two new requirements be applied to and proportion of the owners of that notices already issued or to those issued author’s termination interest required Register of Copyrights. before the proposed regulation is under section 304(c) or section 304(d), [FR Doc. 01–11152 Filed 5–2–01; 8:45 am] adopted in final form. If the two whichever applies, of title 17, U.S.C., or BILLING CODE 1410–30–P requirements are adopted in the final by their duly authorized agents, and regulation, they are intended to be shall contain a brief statement of their treated as requirements only after the relationship or relationships to that ENVIRONMENTAL PROTECTION effective date of the final regulation. author. AGENCY List of Subjects in 37 CFR Part 201 * * * * * (d) * * * 40 CFR Part 52 Copyright. (2) The service provision of either section 304(c) or section 304(d) of title [PA143–4115b; FRL–6973–5] Proposed Regulations 17, U.S.C., whichever applies, will be satisfied if, before the notice of Approval and Promulgation of Air In consideration of the foregoing, the Quality Implementation Plans; Copyright Office proposes to amend part termination is served, a reasonable investigation is made by the person or Commonwealth of Pennsylvania; 201 of 37 CFR, chapter II in the manner Reasonably Available Control set forth below: persons executing the notice as to the current ownership of the rights being Technology Requirements for Volatile PART 201—GENERAL PROVISIONS terminated, and based on such Organic Compounds and Nitrogen investigation: Oxides 1. The authority citation for part 201 (i) If there is no reason to believe that AGENCY: Environmental Protection continues to read as follows: such rights have been transferred by the Agency (EPA). grantee to a successor in title, the notice Authority: 17 U.S.C. 702; § 201.10 is also ACTION: Proposed rule. issued under 17 U.S.C. 304. is served on the grantee; or
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SUMMARY: EPA is proposing to remove ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: For the conditional status of its approval of AGENCY additional information see the direct the Commonwealth of Pennsylvania final rule which is published in the State Implementation Plan (SIP) 40 CFR Parts 52 and 81 Final Rules section of this Federal revision that requires all major sources [TN 241–1–2000103b; FRL–6974–5] Register. of volatile organic compounds (VOC) Dated: April 19, 2001. and nitrogen oxides ( NOX) to Clean Air Act Approval and A. Stanley Meiburg, implement reasonably available control Promulgation of the Redesignation of Acting Regional Administrator, Region 4. technology (RACT). In the ‘‘Rules and Shelby County, TN, to Attainment for [FR Doc. 01–11091 Filed 5–2–01; 8:45 am] Regulations’’ section of this Federal Lead Register, EPA is removing the BILLING CODE 6560–50–P conditional nature of its approval of the AGENCY: Environmental Protection Commonwealth’s SIP revision as a Agency (EPA). direct final rule without prior proposal ACTION: Proposed rule. DEPARTMENT OF THE INTERIOR because the Agency views this as a Fish and Wildlife Service noncontroversial submittal and SUMMARY: EPA is proposing to approve anticipates no adverse comments. The the State Implementation Plan 50 CFR Part 17 rationale for removing the conditional submitted on February 15, 2001, by the status of EPA’s approval is set forth in Memphis and Shelby County Health RIN 1018–AH83 the direct final rule. If EPA receives no Department through the Tennessee adverse comments, EPA will not take Department of Environment and Endangered and Threatened Wildlife further action on this proposed rule. If Conservation for the purpose of and Plants; Proposed Designation of EPA receives adverse comments, EPA redesignating Shelby County from Critical Habitat for the Robust will withdraw the direct final rule and nonattainment to attainment for the lead Spineflower; Correction it will not take effect. EPA will address national ambient air quality standard. In the Final Rules section of this Federal AGENCY: Fish and Wildlife Service, all public comments in a subsequent Interior. final rule based on this proposed rule. Register, the EPA is approving the ACTION: Proposed Rule; technical EPA will not institute a second State’s SIP revision as a direct final rule corrections. comment period on this action. Any without prior proposal because the Agency views this as a noncontroversial parties interested in commenting on this SUMMARY: We, the U.S. Fish and submittal and anticipates no adverse action should do so at this time. Wildlife Service, published a proposed comments. A detailed rationale for the DATES: Comments must be received in rule to establish critical habitat for the approval is set forth in the direct final writing by June 4, 2001. robust spineflower (Chorizanthe robusta rule. If no adverse comments are var. robusta) in the Federal Register on ADDRESSES: Written comments should received in response to this action, no February 15, 2001. The proposed rule be addressed to David L. Arnold, Chief, further activity is contemplated. If EPA contained several errors in the map and Air Quality Planning and Information receives adverse comments, the direct legal description for the Freedom Services Branch, Mailcode 3AP21, U.S. final rule will be withdrawn and all mapping unit (Unit D). This document Environmental Protection Agency, public comments received will be contains corrections to the proposed Region III, 1650 Arch Street, addressed in a subsequent final rule rule to designate critical habitat for Philadelphia, Pennsylvania 19103. based on this proposed rule. The EPA Chorizanthe robusta var. robusta for this Copies of the documents relevant to this will not institute a second comment proposed critical habitat unit. action are available for public period on this document. Any parties inspection during normal business interested in commenting on this DATES: We will accept comments until hours at the Air Protection Division, document should do so at this time. the close of business on June 4, 2001. U.S. Environmental Protection Agency, Requests for public hearings must be DATES: Region III, 1650 Arch Street, Written comments must be received by May 23, 2001. received on or before June 4. 2001. Philadelphia, Pennsylvania 19103, and ADDRESSES: Comment submission: If the Pennsylvania Department of ADDRESSES: Written comments should you wish to comment, you may submit Environmental Resources Bureau of Air be addressed to Kimberly Bingham, at your comments and materials by any Quality Control, P.O. Box 8468, 400 the EPA Regional Office listed below. one of several methods: Market Street, Harrisburg, Pennsylvania The interested persons wanting to 1. You may submit written comments 17105. examine these documents should make and information to Diane Noda, Field FOR FURTHER INFORMATION CONTACT: an appointment with the appropriate Supervisor, Ventura Fish and Wildlife Ellen Wentworth, (215) 814–2034, at the office at least 24 hours before the Office, 2394 Portola Road, Suite B, EPA Region III address above, or by e- visiting day. Copies of the documents Ventura, California 93003. You may also mail at [email protected]. relative to this action are available for hand-deliver written comments to our public inspection during normal SUPPLEMENTARY INFORMATION: For Ventura Fish and Wildlife Office at the business hours at the following further information, please see the address given above. locations. information provided in the direct final 2. You may send comments by U.S. Environmental Protection action with the same title that is located electronic mail (e-mail) to: Agency, Region 4, Atlanta Federal in the ‘‘Rules and Regulations’’ section [email protected] See the Public Center, Air, Pesticides, and Toxics of this Federal Register publication. Comments Solicited section below for Management Division, 61 Forsyth file format and other information on Dated: April 24, 2001. Street, Atlanta, Georgia 30303–3104. electronic filing. William C. Early, FOR FURTHER INFORMATION CONTACT: Comments and materials received, as Acting Regional Administrator, Region III. Kimberly Bingham of the EPA Region 4, well as supporting documentation used [FR Doc. 01–10985 Filed 5–2–01; 8:45 am] Air Planning Branch at (404) 562–9038 in the preparation of this proposed rule, BILLING CODE 6560–50–U and at the above address. will be available for public inspection,
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by appointment, during normal business Freedom Unit, approximately 3.8 ha (9.5 Act. We published a notice outlining hours at the Ventura Fish and Wildlife ac) are on private lands and 0.2 ha (0.5 our reasons for this determination in the Office. ac) are on lands under local jurisdiction. Federal Register on October 25, 1983 (48 FR 49244). FOR FURTHER INFORMATION CONTACT: Public Comments Solicited Diane Noda, Field Supervisor, at the Paperwork Reduction Act address above (telephone 805/644–1766; We intend that any final action facsimile 805/644–3958). resulting from this technical This rule does not contain any new SUPPLEMENTARY INFORMATION: clarification be as accurate as possible. collections of information other than Comments and suggestions from the those already approved under the Background public, concerned governmental Paperwork Reduction Act, 44 U.S.C. On February 15, 2001, we proposed entities, private interests, or any other 3501 et seq., and assigned Office of critical habitat for the robust interested party are solicited. Comments Management and Budget clearance spineflower (Chorizanthe robusta var. are invited specifically concerning: number 1018–0094. An agency may not robusta), pursuant to the Endangered (1) Biological data concerning any conduct or sponsor, and a person is not Species Act of 1973, as amended (Act) threat (or lack thereof) to Chorizanthe required to respond to, a collection of (16 U.S.C. 1531 et seq.) (66 FR 10419). robusta var. robusta; information unless it displays a A total of approximately 660 hectares (2) The location of any additional currently valid control number. For (ha) (1,635 acres (ac)) of land fall within populations of the species, and the additional information concerning the boundaries of the proposed critical reasons why any habitat in should or permit and associated requirements for habitat designation, all in Santa Cruz should not be designated as critical endangered species, see 50 CFR 17.62 County, California. habitat, as provided by section 4 of the and 17.63. The proposed rulemaking contained Act; Author(s) errors in the mapping and legal (3) Additional information concerning description for the Freedom mapping the range, distribution, and population The primary authors of this proposed unit (Unit D). In the proposed rule, we size of Chorizanthe robusta var. robusta; rule is Connie Rutherford (see inadvertently mapped this unit to the and ADDRESSES section), and Barbara Behan, north and east of the correct location. (4) Current or planned activities U.S. Fish and Wildlife Service, 911 N.E. We are providing a corrected within the proposed critical habitat 11th Avenue, Portland, Oregon 97232 Geographic Information System (GIS) units and their possible impacts on the (telephone 503/231–6131). map and a corrected legal description of species. Authority the mapping unit. The GIS map is provided to help the public understand National Environmental Policy Act The authority for this action is the the general location of the proposed We have determined that Endangered Species Act (16 U.S.C. 1531 critical habitat. A corrected version of environmental assessments and et seq.) Table 5 is also provided; this table environmental impact statements, as In proposed rule FR Doc. 01–1837, provides approximate areas of proposed defined in the National Environmental published February 15, 2001 (66 FR critical habitat for Chorizanthe robusta Policy Act of 1969, need not be 10419), make the following corrections. var. robusta by land ownership. The prepared in connection with regulations 1. On page 10425, correct Table 5 to corrected table indicates that for the adopted pursuant to section 4(a) of the read as follows:
TABLE 5.—APPROXIMATE AREAS, IN HECTARES (HA) AND ACRES (AC),1 OF PROPOSED CRITICAL HABITAT FOR CHORIZANTHE ROBUSTA VAR. ROBUSTA BY LAND OWNERSHIP
City and other local Unit name State lands Private lands jurisdictions Federal lands Total
A. Pogonip ...... 20 ha (50 ac) ...... 45 ha (115 ac) ...... 100 ha (250 ac) ...... 165 ha (410 ac). B. Branciforte ...... 5 ha (10 ac) ...... 5 ha (10 ac). C. Aptos ...... 30 ha (80 ac) ...... 30 ha (80 ac). D. Freedom ...... 3.8 ha (9.5 ac) ...... 0.2 ha (0.5 ac) ...... 4 ha (10 ac). E. Buena Vista ...... 75 ha (185 ac) ...... 75 ha (185 ac). F. Sunset ...... 55 ha (130 ac) ...... 55 ha (130 ac). G. Former Fort Ord ...... 325 ha (805 ac) ...... 325 ha (805 ac).
Total ...... 75 ha (180 ac) ...... 157 ha (396 ac) ...... 102 ha (254 ac) ...... 325 ha (805 ac) ...... 659 ha (1,635 ac). 1 Approximate acres have been converted to hectares (1 ha = 2.47 ac). Based on the level of imprecision of mapping of each unit, hectares and acres greater than 10 have been rounded to the nearest 5; hectares and acres less than or equal to 10 have been rounded to the nearest whole number. Totals are sums of units.
§ 17.96 [Corrected] Watsonville West, California. The following 3. On page 10435, correct the map for 2. On page 10434, correct the legal lands within the Aptos Land Grant: T. 11 S. Freedom Unit (Unit D) to read as 1 1 1 1 description for Map Unit D to read as R.1 E., W ⁄2 of NW ⁄4 of NW ⁄4 of SE ⁄4; the follows: NE1⁄4 of NE1⁄4 of NE1⁄4 of SW1⁄4; and SE1⁄4 of follows: BILLING CODE 4310–55–P SE1⁄4 of SE1⁄4 of NW1⁄4, Mount Diablo Base Map Unit D (Freedom). Santa Cruz County, Principal Meridian, sec. 16 (protracted). California. From USGS 7.5′ quadrangle map
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BILLING CODE 4310–55–C
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Dated: April 25, 2001. Copies of the Public Hearing Document May 3, 2001– NC Department of Daniel Welsh, are available from Kim Iverson, South Environment & Natural Resources, 127 Acting Manager, California/Nevada Atlantic Fishery Management Council, Cardinal Drive, Wilmington, NC 28405; Operations. One Southpark Circle, Suite 306, Telephone: 910–395–3900 [FR Doc. 01–10830 Filed 5–2–01; 8:45 am] Charleston, SC 29407–4699; telephone: May 7, 2001– Radisson Beach Resort, BILLING CODE 4310–55–P 843–571–4366. 2600 N. A1A, Fort Pierce, FL 34949; FOR FURTHER INFORMATION CONTACT: Kim Telephone: 561–465–5544 Iverson, South Atlantic Fishery May 8, 2001– Florida Fish & Wildlife DEPARTMENT OF COMMERCE Management Council, One Southpark Conservation Commission, Florida Circle, Suite 306, Charleston, SC 29407– Marine Research Institute 100 Eighth National Oceanic and Atmospheric 4699; telephone: 843–571–4366; fax: Avenue, SE, St. Petersburg, FL 53701– Administration 843–769–4520; email address: 5095; Telephone: 727–896–8626 [email protected]. May 9, 2001– Lafayette Plaza Hotel, 50 CFR Part 622 SUPPLEMENTARY INF0RMATION: The South 301 Government Street, Mobile, AL [I.D. 043001D] Atlantic Fishery Management Council 36602; Telephone: 334–694–0101 May 15, 2001– Town & Country Inn, South Atlantic Fishery Management (Council) will hold seven public 2008 Savannah Highway, Charleston, Council; Public Meetings hearings in May and June 2001 to gather public input regarding proposed SC 29407; Telephone: 843–571–1000 AGENCY: National Marine Fisheries management measures for its draft May 24, 2001– University of Georgia, Service (NMFS), National Oceanic and Amendment 5 to the Fishery Marine Extension Service, 715 Bay Atmospheric Administration, Management Plan for the Shrimp Street, Brunswick, GA 31520; Commerce. Fishery of the South Atlantic Region Telephone: 912–264–7268 ACTION: Notice of public hearings. (FMP). At the request of the rock shrimp May 29, 2001– Radisson Hampton, industry, the Council is considering the 700 Settlers Landing Road, Hampton, SUMMARY: The South Atlantic Fishery following measures for its proposed VA 23669, Telephone: 757/727–9700 Management Council (Council) will Amendment 5: The development of a hold seven public hearings in May and June 19, 2001– Radisson Ponce de limited entry program to remove Leon, 4000 US Highway 1, St. June 2001 to gather public input speculative interest in the fishery and to regarding proposed management Augustine, FL 32095; Phone: 904–824– ensure the economic viability of the 2821 measures for its draft Amendment 5 to rock shrimp industry; shrimp trawl the Fishery Management Plan for the mesh size restrictions to reduce the Special Accommodations Shrimp Fishery of the South Atlantic harvest of small rock shrimp; a Region (FMP). These hearings are physically requirement for operator permits and accessible to people with disabilities. DATES: The public hearings will be held vessel monitoring systems to ensure Requests for sign language in May and June 2001. Written better compliance with the FMP’s interpretation or other auxiliary aids comments must be received in the management measures; and designation should be directed to the Council office Council office by May 29, 2001. See of specific geographic areas within (see ADDRESSES) at least five days prior SUPPLEMENTARY INFORMATION for specific which these management measures to the hearing date. dates and times of the public hearings. would apply. ADDRESSES: Written comments should Dated: May 1, 2001. Meeting Dates and Locations be sent to Bob Mahood, Executive Bruce C. Morehead, Director, South Atlantic Fishery The dates and locations for the Acting Director, Office of Sustainable Management Council, One Southpark scheduled public hearings are presented Fisheries, National Marine Fisheries Service. Circle, Suite 306, Charleston, SC 29407– below. All hearings are scheduled to [FR Doc. 01–11273 Filed 5–1–01; 2:51 pm] 4699, or via email to [email protected]. begin at 6 p.m. BILLING CODE 3510–22–S
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Notices Federal Register Vol. 66, No. 86
Thursday, May 3, 2001
This section of the FEDERAL REGISTER June 1, 2001. A decision is expected in International Trade Administration, contains documents other than rules or June of 2001. U.S. Department of Commerce, 14th proposed rules that are applicable to the ADDRESSES: Comments on the Street and Constitution Avenue, NW, public. Notices of hearings and investigations, environmental assessment can be Washington, DC 20230; telephone: (202) committee meetings, agency decisions and 482–5050 or (202) 482–3330, rulings, delegations of authority, filing of submitted to the Forest Supervisor at: petitions and applications and agency Forest Supervisor, Fishlake National respectively. statements of organization and functions are Forest, 115 East 900 North St., Richfield, SUPPLEMENTARY INFORMATION: examples of documents appearing in this Ut 84701. The Applicable Statue section. FOR FURTHER INFORMATION CONTACT: David Grider, Range Specialist, at 435– Unless otherwise indicated, all 865–3700 or Responsible Official: Guy citations to the Tariff Act of 1930, as DEPARTMENT OF AGRICULTURE Pence, Acting Forest Supervisor, 115 amended (the ‘‘Act’’), are references to the provisions effective January 1, 1995, Forest Service East 900 North St., Richfield, UT 84701. SUPPLEMENTARY INFORMATION: New the effective date of the amendments Availability of an Environmental guidelines are being proposed because made to the Act by the Uruguay Round Assessment for an Amendment to the scientific research indicates that Agreements Act (‘‘URAA’’). In addition, Fishlake National Forest Land and residual stubble height offers a more unless otherwise indicated, all citations Resource Management Plan To accurate and more efficient measure of to the Department of Commerce’s Change the Forage Utilization forage utilization. This is a non- (‘‘Department’’) regulations are to 19 Standards significant amendment. CFR part 351 (2000). AGENCY: Forest Service, Agriculture. Dated: April 16, 2001. Background ACTION: Notice of availability of an Guy W. Pence, On May 14, 1996, the Department environmental assessment. Acting Forest Supervisor, Fishlake National issued antidumping duty orders on Forest. polyvinyl alcohol from the PRC, Japan, SUMMARY: The Fishlake National Forest [FR Doc. 01–11041 Filed 5–2–01; 8:45 am] and Taiwan. Pursuant to section 751(c) proposes to amend the Forest Plan BILLING CODE 3410–11–M and 19 CFR part 351 in general, the forage utilization guidelines. Supervisor Department initiated sunset reviews of Guy Pence (Responsible Official) has these orders by publishing a notice of mad available copies of the DEPARTMENT OF COMMERCE the initiation in the Federal Register, 66 Environmental Assessment for the FR 17524 (April 2, 2001). In addition, as Proposed Amendment to the Fishlake International Trade Administration a courtesy to interested parties, the National Forest Land and Resource Department sent letters, via certified Management Plan. This amendment April 2001 Sunset Reviews: Final and registered mail, to each party listed changes the forage utilization guidelines Results and Revocation on the Department’s most current for riparian vegetation from percent of AGENCY: Import Administration, service list for this proceeding to inform available forage utilized to residual them of the automatic initiation of stubble height. The amendment also International Trade Administration, Department of Commerce. sunset reviews of these orders. modifies the use levels in upland areas. Because the Department did not ACTION: The Environmental Assessment is Notice of final results of five- receive any domestic interested party available for 30-day public review and year (‘‘Sunset’’) reviews and revocation response to the sunset review notice of comment. The notice and comment of antidumping duty orders: polyvinyl initiation by the applicable deadline, period is expected to end on June 1, alcohol from the People’s Republic of April 17, 2001, the Department notified 2001. This notice is required pursuant China (A–570–842), Japan (A–588–836), the International Trade Commission on to National Forest System Land and and Taiwan (A–583–824). April 19, 2001, that it intended to issue Resource Management Planning SUMMARY: On April 2, 2001, the a final determination revoking these regulations (36 CFR 219.35(b)). Department of Commerce (‘‘the antidumping duty orders. DATES: In February of 1998, the Fishlake Department’’) initiated sunset reviews of Determination To Revoke National Forest initiated scoping for a the antidumping duty orders on proposal to revise allotment polyvinyl alcohol from the People’s Pursuant to section 751(c)(3)(A) of the management plans and to amend the Republic of China (‘‘PRC’’), Japan, and Act and 19 CFR 351.218(d)(1)(iii)(B)(3), Fishlake National Forest Land and Taiwan (66 FR 17524). Because no of the Sunset Regulations, if no Resource Management Plan. In October domestic interested party responded to domestic interested party responds to of 2000, the Fishlake National Forest the sunset review notice of initiation by the notice of initiation, the Department Supervisor decided to separate the the applicable deadline, the Department shall issue a final determination, within documentation and analysis for he is revoking these antidumping duty 90 days after the initiation of the review, forest plan amendment. A new scoping orders. revoking the finding or order or notice was sent to the public on terminating the suspended February 21, 2001. The Environmental EFFECTIVE DATE: May 14, 2001. investigation. Because no domestic Assessment is available for public FOR FURTHER INFORMATION CONTACT: interested party filed a response to the comment beginning May 2, 2001. Martha V. Douthit or James P. Maeder, notice of initiation, the Department Comments will be accepted through Office of Policy, Import Administration, finds that no domestic interested party
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is participating in these reviews, and it made to the Tariff Act of 1930 (the Tariff 2001). Petitioners agreed with the is revoking these antidumping duty Act) by the Uruguay Round Agreements Department’s proposed characteristics orders. Act (URAA). In addition, unless and hierarchy of characteristics. Corus otherwise indicated, all citations to the Staal and CSUSA suggested adding a Effective Date of Revocations Department of Commerce (the product characteristic to distinguish Pursuant to sections 751(c)(3)(A) and Department) regulations are to the prime merchandise from non-prime 751(d)(2) of the Act, and 19 CFR regulations at 19 CFR part 351 (April merchandise. Neither Iscor nor 351.222(i)(2)(i), the Department will 2000). Zaporizhstal proposed any changes to instruct the Customs Service to either the list of product characteristics Preliminary Determination terminate the suspension of liquidation proposed by the Department or the of the merchandise subject to these We preliminarily determine that hierarchy of those product orders entered, or withdrawn from certain hot-rolled carbon steel flat characteristics but, rather, provided warehouse, on or after May 14, 2001. products (hot-rolled steel) from the information relating to its own products Entries of subject merchandise prior to Netherlands are being sold, or are likely that was not relevant in the context of the effective date of revocation will to be sold, in the United States at less determining what information to continue to be subject to suspension of than fair value (LTFV), as provided in include in the Department’s liquidation. The Department will section 733 of the Tariff Act. The questionnaires. For purposes of the complete any pending administrative estimated margins of sales at LTFV are questionnaires subsequently issued by reviews of these orders and will conduct shown in the ‘‘Suspension of the Department to the respondents, no administrative reviews of subject Liquidation’’ section of this notice. changes were made to the product merchandise entered prior to the Case History characteristics or the hierarchy of those effective date of revocation in response characteristics from those originally to appropriately filed requests for On December 4, 2000 the Department proposed by the Department in its letter initiated antidumping investigations of review. dated December 22, 2000. With respect hot-rolled steel from Argentina, India, Effective January 20, 2001, Bernard T. to Corus Staal’s and CSUSA’s request, Indonesia, Kazakhstan, the Netherlands, Carreau is fulfilling the duties of the the additional product characteristic the People’s Republic of China, Assistant Secretary for Import suggested to distinguish prime from Romania, South Africa, Taiwan, Administration. non-prime merchandise is unnecessary. Thailand, and Ukraine. See Initiation of The Department already asks Dated: April 27, 2001. Antidumping Duty Investigation: respondents to distinguish prime from Bernard T. Carreau, Certain Hot-Rolled Carbon Steel Flat non-prime merchandise in field number Deputy Assistant Secretary, Import Products from Argentina, India, 2.2 ‘‘Prime vs. Secondary Merchandise.’’ Administration. Indonesia, Kazakhstan, the Netherlands, See the Department’s Antidumping [FR Doc. 01–11150 Filed 5–2–01; 8:45 am] the People’s Republic of China, Duty Questionnaire, at B–7 and C–7. BILLING CODE 3510–DS–P Romania, South Africa, Taiwan, These fields are used in the model- Thailand, and Ukraine, 65 FR 77568 match program to prevent matches of (December 12, 2000). Since the prime merchandise to non-prime DEPARTMENT OF COMMERCE initiation of these investigations the merchandise. following events have occurred. On December 28, 2000, the United International Trade Administration In its initiation notice the Department States International Trade Commission [A–421–807] set aside a period for all interested (ITC) notified the Department that it parties to raise issues regarding product preliminarily determined that there is a Notice of Preliminary Determination of coverage. See 65 FR 77568. We received reasonable indication that an industry Sales at Less Than Fair Value; Certain comments regarding product coverage in the United States is materially Hot-Rolled Carbon Steel Flat Products as follows: from Duracell Global injured by the reason of imports of the From the Netherlands Business Management Group on subject merchandise from Argentina, December 11, 2000; from Energizer on India, Indonesia, Kazakhstan, the AGENCY: Import Administration, December 15, 2000; from Bouffard Metal Netherlands, the People’s Republic of International Trade Administration, Goods Inc. and Truelove & MacLean, China, Romania, South Africa, Taiwan, Department of Commerce. Inc. on December 18, 2000; from the Thailand, and Ukraine. See Hot-Rolled EFFECTIVE DATE: May 3, 2001. Corus Group plc., which includes Corus Steel Products from Argentina, India, FOR FURTHER INFORMATION CONTACT: Steel USA (CSUSA) and Corus Staal BV Indonesia, Kazakhstan, the Netherlands, Melissa Blackledge, Stephanie Arthur, (Corus Staal), and Thomas Steel Strip on the People’s Republic of China, or Robert James at (202) 482–3518, (202) December 26, 2000; and from Rayovac Romania, South Africa, Taiwan, 482–6312, or (202) 482–0649, Corporation on March 12, 2001. Thailand, and Ukraine, 66 FR 805 respectively; Antidumping and On December 22, 2000, the (January 4, 2001). Countervailing Duty Enforcement Group Department issued a letter to interested On January 4, 2001 the Department III, Import Administration, International parties in all of the concurrent HR issued an antidumping questionnaire to Trade Administration, U.S. Department products antidumping investigations, the Corus Group plc., the sole producer of Commerce, 14th Street and providing an opportunity to comment of subject hot-rolled steel in the Constitution Avenue, NW., Washington, on the Department’s proposed model Netherlands. We requested that Corus DC 20230. matching characteristics and hierarchy. Staal and CSUSA respond to section A Comments were submitted by: (general information, corporate The Applicable Statute and petitioners (January 5, 2001); Corus structure, sales practices, and Regulations: Staal and CSUSA (January 3, 2001); merchandise produced), section B Unless otherwise indicated, all Iscor Limited (Iscor), respondent in the (home market or third-country sales), citations to the statute are references to South Africa investigation (January 3, section C (U.S. sales), section D (cost of the provisions effective January 1, 1995, 2001); and Zaporizhstal, respondent in production/constructed value), and, if the effective date of the amendments the Ukraine investigation (January 3, applicable, section E (cost of further
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manufacture or assembly performed in without patterns in relief) of a thickness • ASTM specifications A710 and the United States). not less than 4.0 mm is not included A736. Respondent submitted its initial within the scope of this investigation. • USS Abrasion-resistant steels (USS response to section A of the Specifically included within the scope AR 400, USS AR 500). Department’s questionnaire on February of this investigation are vacuum • All products (proprietary or 1, 2001. We received Corus Staal’s and degassed, fully stabilized (commonly otherwise) based on an alloy ASTM CSUSA’s sections B through E responses referred to as interstitial-free (IF)) steels, specification (sample specifications: on February 26, 2001. Petitioners filed high strength low alloy (HSLA) steels, ASTM A506, A507). comments regarding all portions of and the substrate for motor lamination • Non-rectangular shapes, not in respondent’s questionnaire response on steels. If steels are recognized as low coils, which are the result of having March 6, 2001. We issued the following carbon steels with micro-alloying levels been processed by cutting or stamping supplemental questionnaires to of elements such as titanium or niobium and which have assumed the character respondent: (i) Section A on February (also commonly referred to as of articles or products classified outside 27, 2001, (ii) sections B and C on March columbium), or both, added to stabilize chapter 72 of the HTS. 13, 2001, and (iii) sections D and E on carbon and nitrogen elements. HSLA The merchandise subject to this March 14, 2001. Respondent filed a steels are recognized as steels with investigation is classified in the HTS at response to our section A and sections micro-alloying levels of elements such B through E supplemental subheadings: 7208.10.15.00, as chromium, copper, niobium, 7208.10.30.00, 7208.10.60.00, questionnaires on March 16, 2001 and vanadium, and molybdenum. The April 4, 2001, respectively. In addition, 7208.25.30.00, 7208.25.60.00, substrate for motor lamination steels 7208.26.00.30, 7208.26.00.60, pursuant to the Department’s contains micro-alloying levels of preliminary determination that Corus 7208.27.00.30, 7208.27.00.60, elements such as silicon and aluminum. 7208.36.00.30, 7208.36.00.60, Staal and CSUSA are affiliated with Steel products to be included in the Galvpro LP (Galvpro), on March 16, 7208.37.00.30, 7208.37.00.60, scope of this investigation, regardless of 7208.38.00.15, 7208.38.00.30, 2001 respondent filed a section E definitions in the Harmonized Tariff response reporting the cost of U.S. 7208.38.00.90, 7208.39.00.15, Schedule of the United States (HTS), are 7208.39.00.30, 7208.39.00.90, further manufacturing incurred by products in which: (i) Iron Galvpro. See Memorandum to Joseph A. 7208.40.60.30, 7208.40.60.60, predominates, by weight, over each of 7208.53.00.00, 7208.54.00.00, Spetrini; Affiliation Issue Regarding the other contained elements; (ii) the Galvpro LP and Laura Metaal Holding, 7208.90.00.00, 7211.14.00.90, carbon content is 2 percent or less, by 7211.19.15.00, 7211.19.20.00, February 27, 2001 (Affiliation weight; and (iii) none of the elements Memorandum); see also Letter from 7211.19.30.00, 7211.19.45.00, listed below exceeds the quantity, by 7211.19.60.00, 7211.19.75.30, Robert M. James to the Corus Group, weight, respectively indicated: February 27, 2001. The ‘‘Affiliation’’ 7211.19.75.60, and 7211.19.75.90. section of this notice provides further 1.80 percent of manganese, or Certain hot-rolled flat-rolled carbon information regarding our preliminary 2.25 percent of silicon, or steel flat products covered by this determination with respect to affiliation 1.00 percent of copper, or investigation, including: vacuum 0.50 percent of aluminum, or issues. degassed fully stabilized; high strength 1.25 percent of chromium, or low alloy; and the substrate for motor Period of Investigation 0.30 percent of cobalt, or lamination steel may also enter under The period of investigation (POI) is 0.40 percent of lead, or the following tariff numbers: 1.25 percent of nickel, or October 1, 1999 through September 30, 7225.11.00.00, 7225.19.00.00, 0.30 percent of tungsten, or 7225.30.30.50, 7225.30.70.00, 2000. This period corresponds to the 0.10 percent of molybdenum, or 7225.40.70.00, 7225.99.00.90, four most recent fiscal quarters prior to 0.10 percent of niobium, or the month of the filing of the petition 0.15 percent of vanadium, or 7226.11.10.00, 7226.11.90.30, (i.e., December 2000), and is in 0.15 percent of zirconium. 7226.11.90.60, 7226.19.10.00, accordance with our regulations. See 19 7226.19.90.00, 7226.91.50.00, CFR 351.204(b)(1). All products that meet the physical 7226.91.70.00, 7226.91.80.00, and and chemical description provided 7226.99.00.00. Subject merchandise Scope of Investigation above are within the scope of this may also enter under 7210.70.30.00, For purposes of this investigation, the investigation unless otherwise 7210.90.90.00, 7211.14.00.30, products covered are certain hot-rolled excluded. The following products, by 7212.40.10.00, 7212.40.50.00, and carbon steel flat products of a way of example, are outside or 7212.50.00.00. Although the HTS rectangular shape, of a width of 0.5 inch specifically excluded from the scope of subheadings are provided for or greater, neither clad, plated, nor this investigation: convenience and U.S. Customs coated with metal and whether or not • Alloy hot-rolled steel products in purposes, the written description of the painted, varnished, or coated with which at least one of the chemical merchandise under investigation is plastics or other non-metallic elements exceeds those listed above dispositive. substances, in coils (whether or not in (including, e.g., ASTM specifications Affiliation successively superimposed layers), A543, A387, A514, A517, A506). regardless of thickness, and in straight • Society of Automotive Engineers In its initiation notice, the Department lengths of a thickness of less than 4.75 (SAE)/American Iron and Steel Institute identified as a respondent in this mm and of a width measuring at least (AISI) grades of series 2300 and higher. investigation the Corus Group plc. See 10 times the thickness. Universal mill • Ball bearings steels, as defined in 65 FR 77573. As indicated in plate (i.e., flat-rolled products rolled on the HTS. respondent’s February 1, 2001 four faces or in a closed box pass, of a • Tool steels, as defined in the HTS. questionnaire response at pages A–7 width exceeding 150 mm, but not • Silico-manganese (as defined in the and A–8, the Corus Group plc. wholly exceeding 1250 mm, and of a thickness HTS) or silicon electrical steel with a owns Koninklijke Hoogovens NV of not less than 4.0 mm, not in coils and silicon level exceeding 2.25 percent. (KHNV) which, in turn, wholly owns
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Corus Staal. CSUSA is a U.S. subsidiary Sheet and Strip in Coils From Germany, For a more detailed discussion of our of KHNV and acts as an agent for Corus 64 FR 30710, 30721–24 (June 8, 1999). preliminary affiliation determination, Staal’s U.S. sales. CSUSA argues in its The record in this investigation please refer to the Affiliation January 18, 2001 submission that indicates that the Corus Group plc. is Memorandum. Galvpro should not be considered an indeed in a position to influence pricing Product Comparisons affiliated party under section 771(33) of and production decisions of Galvpro. the Tariff Act because neither Corus See Affiliation Memorandum at pages 2 Pursuant to section 771(16) of the Staal nor CSUSA has any direct or and 3 for more detailed information Tariff Act, all products produced by the indirect ownership of Galvpro1. In regarding this issue. In addition, a respondent that are within the scope of addition, Corus Staal claims in its review of the record reveals other the investigation, above, and were sold February 1, 2001 questionnaire response indicia of control, including debt in the comparison market during the that it also considers sales made to financing of Galvpro by the Corus Group POI, are considered to be foreign like Laura Metaal Trading BV (Laura Metaal) plc.. See Affiliation Memorandum at products. We have relied on the to be unaffiliated transactions because page 3; see also Petitioners’ January 26, following eleven criteria to match U.S. KHNV (Corus Staal’s parent and a 2001 submission at Exhibit 2. Finally, sales of subject merchandise to minority shareholder in Laura Metaal) is the significant equity in Galvpro by the comparison-market sales of the foreign not in a position to exercise or assert Corus Group plc. (through Corus like product: whether or not painted, control over Laura Metaal or its Coatings USA) is clear evidence of the quality, carbon content level, yield subsidiaries. ability of Corus Group plc. to exert strength, thickness, width, whether coil However, as explained below, the influence over Galvpro’s production, or cut sheet, whether or not temper Department has preliminarily pricing, or cost of the subject rolled, whether or not pickled, whether determined that Corus Staal, CSUSA, merchandise or foreign like product. mill or trimmed edge, and whether the Laura Metaal, and Galvpro are affiliated The record also indicates that the steel is rolled with or without patterns parties within the meaning of section Corus Group plc. has the ability to exert in relief. Where there were no sales of 771(33)(F) of the Tariff Act because they control over Laura Metaal. Laura Metaal identical merchandise in the home are all under the common control of the consumes subject merchandise through market to compare to U.S. sales, we Corus Group plc. See Affiliation its manufacturing operations and acts as compared U.S. sales to the next most Memorandum. Section 771(33)(F) of the a reseller through its service center.2 See similar foreign like product on the basis Tariff Act defines affiliated parties to Respondent’s February 1, 2001 response of the characteristics and reporting include ‘‘[t]wo or more persons directly at page A–3. The Corus Group plc. instructions listed in the Department’s or indirectly controlling, controlled by, wholly owns KHNV, which in turn has January 4, 2001 questionnaire. a minority shareholder interest in Laura or under the common control with, any Fair Value Comparisons person.’’ Control, in turn, is defined by Metaal. In addition, KHNV nominated section 771(33) as one person being one of the four voting members on Laura To determine whether sales of hot- ‘‘legally or operationally in a position to Metaal’s Board of Directors, and rolled steel from the Netherlands were exercise restraint or direction over the nominated one of two non-voting made in the United States at less than other.’’ In determining whether control advisors to the Board, affording the fair value, we compared constructed exists, the Department considers Corus Group plc. substantial influence export price (CEP) to normal value (NV), corporate or family groupings, franchise over Laura Metaal and the company’s as described in the ‘‘Constructed Export or joint venture agreements, debt operations. See Respondent’s February Price’’ and ‘‘Normal Value’’ sections of financing, and close supplier 1, 2001 response at page A–3. this notice. In accordance with section relationships. See 19 CFR 351.102(b). As indicated above, the Corus Group 777A(d)(1)(A)(i) of the Tariff Act, we Galvpro is a joint venture of Corus plc. has the potential ability to exercise calculated weighted-average CEPs for Coatings USA, Inc., a wholly-owned direction and restraint over Galvpro’s comparison to weighted-average NVs. and Laura Metaal’s production and subsidiary of the Corus Group plc., and Constructed Export Price Weirton Coatings LLC, a subsidiary of pricing. The Corus Group plc. has a Weirton Steel Corporation (Weirton). substantial equity interest in both Corus Staal reported as export price The Corus Group plc. (through Corus Galvpro and Laura Metaal and plays a (EP) transactions certain sales of subject Coatings USA) has a substantial equity substantial role in their operations and merchandise sold to unaffiliated U.S. interest in Galvpro. See Respondent’s management. The Corus Group plc. is in customers prior to importation. Corus February 1, 2001 response at page A–10; a position, legally and operationally, to Staal reported as CEP transactions its see also Respondent’s January 18, 2001 exercise direction and restraint over sales of subject merchandise sold letter to the Department at page 3. In both Galvpro and Laura Metaal, within through the Rafferty-Brown Companies, previous cases the Department has the meaning of section 771(33)(F) of the two affiliated steel service centers determined that control exists when one Tariff Act, as amended by the URAA. which further manufacture flat-rolled party is in a position to influence the Because Corus Staal and CSUSA are steel products. In addition, in pricing and production decisions of the wholly-owned subsidiaries of the Corus accordance with our preliminary affiliated entity. See, e.g., Notice of Group plc, Corus Group plc also is in a affiliation determination, Corus Staal Final Determination of Sales at Less position legally and operationally to reported as CEP transactions sales made Than Fair Value and Postponement of exercise direction and restraint over through Galvpro. We have preliminarily determined Final Determination; Stainless Steel Corus Staal and CSUSA, within the meaning of section 771(33)(F) of the with respect to Corus Staal’s reported 1 Galvpro is a limited partnership, with Act. As a result, we preliminarily find EP sales that such transactions are ownership held by Weirton Coatings LLC, the that both Galvpro and Laura Metaal are properly classified as CEP transactions. Galvpro management, and Corus Group plc. affiliated with Corus Staal and CSUSA, Having reviewed the evidence on the (through Corus Coatings LLC). Galvpro was formed within the meaning of section record of this investigation regarding to construct and operate a manufacturing facility for the treatment of cold-rolled steel to produce 771(33)(F) of the Tariff Act because respondent’s reported EP sales, we galvanized steel products. See Respondent’s these four companies are all under the conclude that sales between the foreign January 18, 2001 submission at page 2. common control of the Corus Group plc. producer (i.e., Corus Staal) and the U.S.
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customer were made ‘‘in the United customers, we deducted the cost of In implementing these principles in States’’ by CSUSA on behalf of Corus further manufacturing in accordance this investigation, we obtained Staal within the meaning of section with section 772(d)(2) of the Tariff Act. information from Corus Staal and 772(b) of the Tariff Act, and therefore, CSUSA about the marketing stages Level of Trade should be treated as CEP transactions. involved in its reported U.S. and home Specifically, although Corus Staal In accordance with section market sales, including a description of initially reaches the agreement with the 773(a)(1)(B)(i) of the Tariff Act, to the the selling activities performed by Corus U.S. customer on the estimated overall extent practicable, we determine NV Staal and CSUSA for each channel of volume and pricing of merchandise, based on sales in the comparison market distribution. In identifying LOTs for CSUSA provides the final written at the same level of trade (LOT) as the U.S. CEP sales we considered the selling confirmation of the agreement, setting EP or CEP transaction. The NV LOT is functions reflected in the starting price forth the agreed prices and quantities, to that of the starting price sales in the after any adjustments under section the U.S. customer. See Respondent’s comparison market or, when NV is 772(D) of the Tariff Act. February 1, 2001 response at page A–56. based on CV, that of the sales from In the home market, Corus Staal The description provided by Corus Staal which we derive selling, general and reported two channels of distribution regarding the sales process for its administrative (SG&A) expenses and (sales by Corus Staal and sales through alleged EP transactions indicates that, profit. For EP the U.S. LOT is also the its affiliated service centers) and three for these sales, the merchandise was level of the starting price sale, which is customer categories (end users, steel ‘‘sold (or agreed to be sold)’’ in the usually from the exporter to the service centers, and trading companies). United States. Therefore, we have importer. For CEP it is the level of the For both channels of distribution in the preliminarily decided to treat Corus constructed sale from the exporter to the home market, Corus Staal performed Staal’s reported EP sales as CEP importer.3 similar selling functions, including transactions. This is consistent with the To determine whether NV sales are at strategic and economic planning, Federal Circuit’s decision in AK Steel a different LOT than EP or CEP sales, we advertising, freight and delivery Corporation et. al. v. United States, 226 examine stages in the marketing process arrangements, technical/warranty F.3d 1361 (Fed. Cir. 2000) (AK Steel). and selling functions along the chain of services, and sales logistics support. The See also Polyvinyl Alcohol from Japan: distribution between the producer and remaining selling activities did not Preliminary Results of Antidumping the unaffiliated customer. If the differ significantly by channel of Duty Administrative Review, 66 FR comparison market sales are at a distribution. See Corus Staal’s February 11140 (February 22, 2001), where the different LOT, and the difference affects 1, 2001 response at Exhibit A–8. Department preliminarily determined price comparability, as manifested in a Because channels of distribution do not that, pursuant to AK Steel, sales through pattern of consistent price differences qualify as separate levels of trade when a U.S. affiliate were made ‘‘in the between the sales on which NV is based the selling functions performed for each United States’’ and were therefore and comparison market sales at the LOT channel are sufficiently similar, we have classifiable as CEP transactions. For a of the export transaction, we make a determined that one LOT exists for more detailed discussion of this issue, LOT adjustment under section Corus Staal’s home market sales. please refer to our Preliminary Analysis 773(a)(7)(A) of the Tariff Act. Finally, In the United States CSUSA reported Memorandum, dated April 23, 2001. for CEP sales, if the NV level is more two channels of distribution for sales of We calculated CEP in accordance remote from the factory than the CEP subject merchandise during the POI (EP with subsection 772(b) of the Tariff Act. level and there is no basis for sales made directly from CSUSA to U.S. We based CEP on the packed, delivered, determining whether the differences in customers and CEP sales made through duty paid or delivered prices to the levels between NV and CEP affect affiliated service centers). For EP sales, unaffiliated purchasers in the United price comparability, we adjust NV CSUSA reported two customer States. We made adjustments for price- under section 773(A)(7)(B) of the Tariff categories (end users and steel service billing errors and early payment Act (the CEP offset provision). See, e.g., centers). See CSUSA’s February 26, discounts, where applicable. We also Certain Carbon Steel Plate from South 2001 response at pages C–13 through C– made deductions for movement Africa, Final Determination of Sales at 15. As explained in the ‘‘Constructed expenses in accordance with section Less Than Fair Value, 62 FR 61731 Export Price’’ section of our notice, we 772(c)(2)(A) of the Tariff Act; these (November 19, 1997). have preliminary determined that all of included, where appropriate, foreign Corus Staal’s reported EP transactions inland freight, marine insurance, foreign 3 The U.S. Court of International Trade (CIT) has are properly classified as CEP sales. In held that the Department’s practice of determining CEP situations we do not determine the brokerage and handling, international levels of trade for CEP transactions after CEP freight, U.S. customs duties, U.S. inland deductions is an impermissible interpretation of U.S. LOT on the basis of the CEP freight, U.S. inland insurance, and U.S. section 772(d) of the Tariff Act. See Borden, Inc. v. starting price. Rather, as described warehousing expenses. In accordance United States, 4 F. Supp. 2d 1221, 1241–42 (CIT above, we determine the U.S. LOT on 1998) (Borden); see also Micron Technology v. with section 772(d)(1) of the Tariff Act, United States, 40 F. Supp. 2d. 481 (1999)(Micron). the basis of the CEP starting price minus we deducted those selling expenses The U.S. Court of Appeals for the Federal Circuit the expenses and profit deducted associated with economic activities (CAFC), however, has reversed the CIT’s holdings pursuant to section 772(d) of the Act. occurring in the United States, in both Micron and Borden on the level of trade Corus Staal and CSUSA claimed that issue. The CAFC held that the statute including direct selling expenses (credit unambiguously requires Commerce to deduct the sales made through its second channel costs and warranty expenses), and selling expenses set forth in section 772(d) from the of distribution in the home market (i.e., indirect selling expenses, including CEP starting price prior to performing its LOT those through affiliated service centers) analysis. See Micron Technology Inc. v. United constituted a different LOT from its inventory carrying costs. We also made States, Court Nos. 00–1058–1060 (Fed. Cir. March an adjustment for profit in accordance 7, 2001); see also Borden, Inc. v. United States, alleged EP sales. Corus Staal and with section 772(d)(3) of the Tariff Act. Court Nos. 99–1575–1576 (Fed. Circ. March 12, CSUSA therefore requested a LOT With respect to subject merchandise 2001)(unpublished opinion). Consequently, the adjustment to the extent that price to which value was added in the United Department will continue to adjust the CEP, comparisons were made between U.S. pursuant to section 772(d) of the Tariff Act, prior States by the Rafferty Brown Companies to performing the LOT analysis, as articulated by EP sales and those through home market and Galvpro prior to sale to unaffiliated the Department’s regulations at 19 CFR 351.412. affiliated service centers. As there are no
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EP transactions in the United States, it quantities and in the ordinary course of Cost of Production Analysis is not necessary to address respondent’s trade. Based on allegations contained in the request for a LOT adjustment with petition, and in accordance with section respect to EP sales. Affiliated-Party Transactions and Arm’s-Length Test 773(b)(2)(A)(i) of the Tariff Act, we With regard to its CEP sales, found reasonable grounds to believe or respondent claims that a CEP offset for Corus Staal’s sales to affiliated home suspect that sales of hot-rolled steel sales made through two affiliated market customers for consumption produced in the Netherlands were made parties, Rafferty-Brown Steel Company which were not made at arm’s-length at prices below the cost of production of Connecticut (RBC) and Rafferty- prices were excluded from our analysis (COP). As a result, the Department has Brown Steel Company of North Carolina because we considered them to be initiated investigations to determine (RBN) (collectively, the Rafferty-Brown outside the ordinary course of trade.4 whether Corus Staal made home market Companies) is appropriate because the See 19 CFR 351.102(b). To test whether sales during the POI at prices below its RBC and RBN sales are made at a point these sales were made at arm’s-length respective COP, within the meaning of in the distribution process that is less prices, we compared on a model- section 773(b) of the Tariff Act. We advanced than Corus Staal’s home specific basis the prices of sales to conducted the COP analysis described market sales. In analyzing respondent’s affiliated and unaffiliated customers net below. request for a CEP offset, we reviewed of all movement charges, direct selling information respondent provided in A. Calculation of COP expenses, and packing. Where, for the section A of its response regarding In accordance with section 773(b)(3) tested models of subject merchandise, selling activities performed and services of the Tariff Act, we calculated COP prices to the affiliated party were on offered in the U.S. and foreign market. based on the sum of Corus Staal’s cost average 99.5 percent or more of the We found there to be few differences in of materials and fabrication for the price to the unaffiliated parties, we the selling functions performed by foreign like product, plus an amount for Corus Staal on sales to its affiliated U.S. determined that sales made to the home market SG&A expenses, interest importers and those performed for sales affiliated party were at arm’s length. See expenses, and packing costs. We relied in the home market. For example, on 19 CFR 351.403(c). In instances where on the home market sales and COP sales to both home market customers no price ratio could be calculated for an information provided by Corus Staal in and to affiliated U.S. importers, Corus affiliated customer because identical its original and supplemental responses. Staal provided similar freight and merchandise was not sold to Where appropriate, we made certain delivery services and technical/ unaffiliated customers, we were unable adjustments to Corus Staal’s reported warranty assistance. See Respondent’s to determine that these sales were made COP. See Memorandum to the File, February 1, 2001 response at pages A– at arm’s-length prices and, therefore, ‘‘Analysis of Cost-of-Production Data of 19 through A–46. The Department has excluded them from our LTFV analysis. Corus Group plc.,’’ April 23, 2001, on preliminarily determined that the record See, e.g., Final Determination of Sales at file in room B–099 of the Main does not support Corus Staal’s claim Less Than Fair Value: Certain Cold- Commerce building. Rolled Carbon Steel Flat Products from that home market sales are at a different, B. Test of Home-Market Sales Prices more advanced LOT than the adjusted Argentina, 58 FR 37062, 37077 (July 9, CEP sales. Accordingly, no CEP offset 1993); see also Notice of Preliminary We compared the adjusted weighted- adjustment to NV is warranted. For a Determination of Sales at Less Than Fair average COP for Corus Staal to the home more detailed discussion regarding the Value and Postponement of Final market sales of the foreign like product, basis for our LOT determination, refer to Determination: Emulsion Styrene- as required under section 773(b) of the our Preliminary Determination Analysis Butadiene Rubber from Brazil, 63 FR Tariff Act, in order to determine Memorandum for the Corus Group plc., 59509, 59512 (November 4, 1998). whether these sales had been made at dated April 23, 2001. Where the exclusion of such sales prices below the COP within an eliminated all sales of the most extended period of time (i.e., a period of Normal Value appropriate comparison product, we one year) in substantial quantities and Home Market Viability made a comparison to the next most whether such prices were sufficient to similar model. permit the recovery of all costs within In order to determine whether there a reasonable period of time. In was a sufficient volume of sales in the 4 On March 6, 2001 Corus Staal requested that it accordance with section 773(b)(2)(C)(i) home market to serve as a viable basis not be required to report downstream home market of the Tariff Act, we determined that for calculating NV (i.e., the aggregate sales made through Feijen Staal service (Feijen), sales made below the COP were made volume of home market sales of the claiming that the cut-to-length sheet sold by this in substantial quantities if the volume of foreign like product was equal to or form would have a low likelihood of matching to U.S. sales of coiled material. The Department such sales represented 20 percent or greater than five percent of the aggregate informed Corus Staal on March 8, 2001 that it more of the volume of sales under volume of U.S. sales), we compared would not be required to report Feijen’s consideration for the determination of Corus Staal’s volume of home market downstream sales based on Corus Staal’s claims, on normal value. sales of the foreign like product to the the record, with respect to the nature of the products sold by Feijen. The Department will On a model-specific basis, we volume of U.S. sales of the subject accordingly include in its calculation of normal compared the revised COP to the home merchandise, in accordance with value sales to Feijen from Corus Staal, provided market prices, less any applicable section 773(a)(1)(C) of the Tariff Act. As these transactions pass our arm’s-length test. Corus movement charges and other direct and Corus Staal’s aggregate volume of home Staal also requested an exemption from reporting indirect selling expenses. market sales of the foreign like product downstream sales made by Vlietjonge BV (Vlietjonge), an affiliated party involved in the C. Results of the COP Test was greater than five percent of its processing and sale of flat products. See Corus aggregate volume of U.S. sales of the Staal’s April 4, 2001 supplemental response at page Pursuant to section 773(b)(2)(C) of the subject merchandise, we determined A–4. Corus Staal again claimed that the cut-to- Tariff Act, where less than 20 percent of length merchandise sold by Vlietjonge would not that the home market was viable. likely match to U.S. sales of coiled material. The a respondent’s sales of a given product Therefore, we have based NV on home Department granted Corus Staal’s request on April were at prices less than the COP, we did market sales in the usual commercial 6, 2001. not disregard any below-cost sales of
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that product because we determined of the Tariff Act. In addition, we made whether these imports are materially that the below-cost sales were not made adjustments under section injuring, or threaten material injury to, in ‘‘substantial quantities.’’ Where 20 773(a)(6)(C)(iii) of the Tariff Act for the U.S. industry. The deadline for that percent or more of a respondent’s sales differences in circumstances of sale for ITC determination would be the later of of a given product during the POI were imputed credit expenses (offset by 120 days after the date of this at prices less than the COP, we interest revenue) and warranties. preliminary determination or 45 days determined such sales to have been Finally, we deducted home market after the date of our final made in ‘‘substantial quantities’’ within packing costs and added U.S. packing determinations. an extended period of time in costs in accordance with section accordance with section 773(b)(2)(B) or 773(a)(6)(A) and (B) of the Tariff Act. Public Comment the Tariff Act. In such cases, because we Price-to-CV Comparisons Case briefs or other written comments compared prices to POI-average costs, in at least six copies must be submitted we also determined that such sales were For price-to-CV comparisons, we to the Assistant Secretary for Import not made at prices which would permit made adjustments to CV in accordance Administration no later than later than with section 773(a)(8) of the Tariff Act. recovery of all costs within a reasonable fifty days after the date of publication of We deducted from CV the weighted- period of time, in accordance with this notice, and rebuttal briefs, limited average home market direct selling section 773(b)(2)(D) of the Tariff Act. to issues raised in case briefs, no later expenses and added the weighted- Therefore, we disregarded the below- than fifty-five days after the date of average U.S. product-specific direct cost sales. publication of this preliminary selling expenses in accordance with We found that for certain models of determination. A list of authorities used section 773(a)(6)(C)(iii) of the Tariff Act. hot-rolled steel, more than 20 percent of and an executive summary of issues the home-market sales by Corus Staal Currency Conversions should accompany any briefs submitted were made within an extended period of to the Department. Such summary time at prices less than the COP. We made currency conversions into U.S. dollars based on the exchange rates should be limited to five pages total, Further, the prices did not provide for including footnotes. In accordance with the recovery of costs within a reasonable in effect on the dates of the U.S. sales, section 774 of the Tariff Act, we will period of time. We therefore disregarded as certified by the Federal Reserve Bank, hold a public hearing, if requested, to these below-cost sales and used the in accordance with section 773A(a) of afford interested parties an opportunity remaining sales as the basis for the Tariff Act. to comment on arguments raised in case determining NV, in accordance with Verification or rebuttal briefs. Tentatively, any section 773(b)(1) of the Tariff Act. For hearing will be held fifty-seven days those U.S. sales of hot-rolled steel for Pursuant to section 782(i) of the Tariff after publication of this notice, time and which there were no comparable home Act, we intend to verify all information room to be determined, at the U.S. market sales in the ordinary course of relied upon in making our final determination. Department of Commerce, 14th Street trade, we compared EP to constructed and Constitution Avenue, NW., value (CV) in accordance with section Suspension of Liquidation Washington, DC 20230. Parties should 773(a)(4) of the Tariff Act. See Price-to- In accordance with section 733(d)(2) confirm by telephone the time, date, and CV Comparisons, below. of the Tariff Act, we are directing the place of the hearing 48 hours before the D. Calculation of Constructed Value Customs Service to suspend liquidation scheduled time. of all entries of hot-rolled steel from the In accordance with section 773(e)(1) Interested parties who wish to request Netherlands that are entered, or of the Tariff Act, we calculated CV a hearing, or to participate if one is withdrawn from warehouse, for based on the sum of Corus Staal’s cost requested, must submit a written consumption on or after the date of of materials, fabrication, SG&A, interest, request to the Assistant Secretary for publication of this notice in the Federal U.S. packing costs, and an amount for Import Administration, U.S. Department Register. We will instruct the Customs profit. We made adjustments similar to of Commerce, Room 1870, within 30 Service to require a cash deposit or the those described above for COP. In days of the publication of this notice. posting of a bond equal to the weighted- accordance with section 773(e)(2)(A) of Requests should contain: (1) The party’s average amount by which the NV the Tariff Act, we based SG&A and name, address, and telephone number; exceeds the CEP, as indicated in the profit on the amounts incurred and (2) the number of participants; and (3) chart below. These suspension-of- realized by Corus Staal in connection a list of the issues to be discussed. Oral liquidation instructions will remain in with the production and sale of the presentations will be limited to issues effect until further notice. The foreign like product in the ordinary raised in the case and rebuttal briefs. We weighted-average dumping margins are course of trade for consumption in the intend to make our final determination as follows: home market. For selling expenses we no later than 75 days after the date of used the weighted-average home market Weighted- this preliminary determination. selling expenses. average This determination is published Exporter/manufacturer margin Price-to-Price Comparisons pursuant to sections 733(f) and 777(i)(1) percentage of the Tariff Act. Since January 20, 2001, We calculated NV based on the FOB Bernard T. Carreau is fulfilling the or delivered prices to unaffiliated Corus Staal BV ...... 2.44 All Others ...... 2.44 duties of the Assistant Secretary for customers. We made deductions, where Import Administration. appropriate, from the starting price for billing adjustments, early payment ITC Notification Dated: April 23, 2001. discounts, and inland freight. Where In accordance with section 733(f) of Bernard T. Carreau, appropriate, we made adjustments for the Tariff Act, we have notified the ITC Deputy Assistant Secretary, Import differences in the physical of our determination. If our final Administration. characteristics of the merchandise in antidumping determination is [FR Doc. 01–10846 Filed 5–2–01; 8:45 am] accordance with section 773(a)(6)(C)(ii) affirmative, the ITC will determine BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE Case History merchandise from non-prime On December 4, 2000, the Department merchandise. Neither Iscor nor International Trade Administration initiated an antidumping duty Zaporizhstal proposed any changes to investigation of hot-rolled steel from either the list of product characteristics [A–823–811] Ukraine.1 See Notice of Initiation of proposed by the Department or the Antidumping Duty Investigations: hierarchy of those product Notice of Preliminary Determination of Certain Hot-Rolled Carbon Steel Flat characteristics but, rather, provided Sales at Less Than Fair Value: Certain Products From Argentina, India, information relating to its own products Hot-Rolled Carbon Steel Flat Products Indonesia, Kazakhstan, the Netherlands, that was not relevant in the context of from Ukraine the People’s Republic of China, determining what information to include in the Department’s AGENCY: Import Administration, Romania, South Africa, Taiwan, Thailand, and Ukraine, 65 FR 77568 questionnaires. International Trade Administration, For purposes of the questionnaires Department of Commerce. (December 12, 2000). Since the initiation of this investigation the subsequently issued by the Department ACTION: Notice of preliminary following events have occurred. to the respondents, no changes were determination in the less than fair value The Department set aside a period for made to the product characteristics or investigation of certain hot-rolled all interested parties to raise issues the hierarchy of those characteristics carbon steel flat products from Ukraine. regarding product coverage. See from those originally proposed by the Initiation Notice at 77569. We received Department in its December 22, 2000 SUMMARY: On December 12, 2000, the no comments from any parties in this letter. With respect to Corus’ request, Department of Commerce published a investigation. The Department did, the additional product characteristic notice of initiation of an antidumping however, receive comments regarding suggested by Corus, to distinguish prime duty investigation of certain hot-rolled product coverage in the investigation of merchandise from non-prime carbon steel flat products from Ukraine. hot-rolled carbon steel products from merchandise, is unnecessary. The This investigation covers four producers the Netherlands. In that investigation Department already asks respondents to of the subject merchandise. The period we received comments regarding distinguish prime from non-prime of investigation is April 1, 2000 through product coverage as follows: from merchandise in field number 2.2 ‘‘Prime September 30, 2000. The Department Duracell Global Business Management vs. Secondary Merchandise.’’ See the preliminarily determines that certain Group on December 11, 2000; from Department’s Antidumping Duty hot-rolled carbon steel flat products Energizer on December 15, 2000, from Questionnaire, at C–5 and C–6 (January from Ukraine are being, or are likely to Bouffard Metal Goods Inc., and 4, 2001). be, sold in the United States at less than Truelove & MacLean, Inc. on December On December 29, 2000, the United fair value, as provided in section 733 of 18, 2000, from the Corus Group plc., States International Trade Commission the Tariff Act of 1930, as amended. which includes Corus Steel USA (‘‘ITC’’) issued its affirmative preliminary determination that there is EFFECTIVE DATE: May 3, 2001. (CSUSA) and Corus Staal BV (Corus Staal), and Thomas Steel Strip on a reasonable indication that an industry FOR FURTHER INFORMATION CONTACT: Lori in the United States is materially Ellison or Laurel LaCivita of Import December 26, 2000; and from Rayovac Corporation on March 12, 2001. injured by reason of imports of the Administration, International Trade subject merchandise from Ukraine, Administration, U.S. Department of On December 22, 2000, the Department issued a letter to interested which was published on January 4, Commerce, 14th Street and Constitution parties in all of the concurrent certain 2001. See Hot-Rolled Steel Products Avenue, NW., Washington, DC 20230; hot-rolled carbon steel flat products from Argentina, China, India, Indonesia, telephone: (202) 482–5811 and (202) antidumping investigations, providing Kazakhstan, Netherlands, Romania, 482–4243, respectively. an opportunity to comment on the South Africa, Taiwan, Thailand, and The Applicable Statute and Regulations Department’s proposed model matching Ukraine, 66 FR 805 (January 4, 2001) characteristics and hierarchy. (‘‘ITC Preliminary Determination’’). Unless otherwise indicated, all Comments were submitted by: On January 4, 2001, we issued citations to the Tariff Act of 1930, as Petitioners (January 5, 2001); Corus questionnaires to the Embassy of amended (‘‘the Act’’), are references to Staal BV and Corus Steel USA Inc., Ukraine and to all of the known the provisions effective January 1, 1995, collectively referred to as Corus, producers of the subject merchandise in the effective date of the amendments respondent in the Netherlands Ukraine: Dnepropetrovsk Comintern made to the Act by the Uruguay Round investigation (January 3, 2001); Iscor Steel Works (‘‘Dnepropetrovsk’’), Ilyich Agreements Act (‘‘URAA’’). In addition, Limited, respondent in the South Africa Iron & Steel Works, Mariupol (‘‘Ilyich’’), unless otherwise indicated, all citations investigation (January 3, 2001); and Krivoi Rog State Mining and to the Department’s regulations are to Zaporizhstal, respondent in the Ukraine Metallurgical Works (‘‘Krivorozhstal’’) the regulations codified at 19 CFR Part investigation (January 3, 2001). and Zaporozhstal Iron & Steel Works 351 (2000). Petitioners agreed with the (‘‘Zaporizhstal’’). On January 22, 2001, Krivorozhstal Preliminary Determination Department’s proposed characteristics and hierarchy of characteristics. Corus responded that it does not manufacture We preliminarily determine that suggested adding a product any of the subject merchandise and, certain hot-rolled carbon steel flat characteristic to distinguish prime accordingly, could not be one of the products (‘‘hot-rolled steel’’) from exporters of the subject merchandise to Ukraine are being, or are likely to be, 1 The petitioners with respect to the investigation the United States. sold in the United States at less than fair in Ukraine are: Bethlehem Steel Corporation, LTV On January 25, 2001, the Department value (‘‘LTFV’’), as provided in section Steel Company, Inc., National Steel Corporation, requested comments from interested 733 of the Act. The estimated margins U.S. Steel Group, a unit of USX Corporation, the parties regarding surrogate country United Steelworkers of America, Gallatin Steel of sales at LTFV are shown in the Company, IPSCO Steel Inc., Nucor Corp., Steel selection, and information to value ‘‘Suspension of Liquidation’’ section of Dynamics, Inc., Weirton Steel Corp., and factors of production. On February 6, this notice. Independent Steelworkers Union. 2001, we received comments concerning
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surrogate country selection from both On March 14, 2001, the Department not less than 4.0 mm is not included the petitioners and Zaporizhstal. issued a supplemental section C and D within the scope of this investigation. On February 9, 2001, Zaporizhstal questionnaire to respondents. On March Specifically included within the submitted its section A response, 19, 2001, Zaporizhstal responded to scope of this investigation are vacuum including a request for ‘‘market certain issues noted in our March 13, degassed, fully stabilized (commonly economy treatment to Ukraine * * * or, 2001 letter regarding affiliation. In referred to as interstitial-free (IF)) steels, at a minimum, market-oriented industry addition, on March 20, 2001, we issued high strength low alloy (HSLA) steels, treatment to Zaporizhstal.’’ On February a second supplemental section A and the substrate for motor lamination 16, 2001, the government of Ukraine questionnaire to respondents. steels. IF steels are recognized as low confirmed its support for these requests. On March 22, 2001, certain carbon steels with micro-alloying levels See Memorandum to the File from Lori petitioners (Bethlehem Steel of elements such as titanium or niobium Ellison to Edward Yang, Request for Corporation, LTV Steel Company, Inc., (also commonly referred to as Revocation of NME Status/MOI National Steel Corporation, and U.S. columbium), or both, added to stabilize Treatment for Zaporizhstal, dated April Steel Group, a unit of USX Corporation) carbon and nitrogen elements. HSLA 16, 2001. Also on February 16, 2001, the (hereinafter referred to as Bethlehem et steels are recognized as steels with State Committee of Industrial Policy of al.) requested that the Department micro-alloying levels of elements such Ukraine entered an appearance as an conduct a middleman dumping as chromium, copper, niobium, interested party to the proceeding. On investigation of Robinson and other vanadium, and molybdenum. The February 21, 2001, Ilyich entered an trading companies through whom substrate for motor lamination steels appearance as a foreign producer and Zaporizhstal’s subject merchandise was contains micro-alloying levels of exporter of the subject merchandise and sold to the United States. elements such as silicon and aluminum. an interested party to the proceeding, On March 27, 2001, we issued a Steel products to be included in the but did not respond to the Department’s supplemental questionnaire to scope of this investigation, regardless of questionnaire. Dnepropetrovsk similarly respondents concerning their claims of definitions in the Harmonized Tariff affiliation. On April 5, 2001, did not respond to the Department’s Schedule of the United States (HTSUS), respondents submitted their second questionnaire. are products in which: (i) Iron supplemental section A questionnaire On February 23, 2001, the Department predominates, by weight, over each of response and their supplemental section issued a section A supplemental the other contained elements; (ii) the C and D questionnaire responses. On questionnaire to Zaporizhstal. On carbon content is 2 percent or less, by April 9, 2001 respondents submitted February 26, 2001, the Department sent weight; and (iii) none of the elements responses to the March 27, 2001 Zaporizhstal a questionnaire concerning listed below exceeds the quantity, by affiliation questionnaire. On April 11, its request for market-economy weight, respectively indicated: 2001 respondents submitted unsolicited treatment for Ukraine and/or market- information purporting to respond to 1.80 percent of manganese, or oriented industry (‘‘MOI’’) treatment for selected questions from the 2.25 percent of silicon, or Zaporizhstal. On February 27, 2001, Department’s supplemental 1.00 percent of copper, or Zaporizhstal submitted section C and D questionnaires. These responses were 0.50 percent of aluminum, or responses. In addition, it provided not filed on a timely basis. 1.25 percent of chromium, or section C responses for Midland 0.30 percent of cobalt, or Period of Investigation Industries Limited (‘‘Midland 0.40 percent of lead, or Industries’’), Midland Metals The period of investigation (‘‘POI’’) is 1.25 percent of nickel, or International, Inc. (‘‘Midland Metals’’), April 1, 2000, through September 30, 0.30 percent of tungsten, or Midland Resources Holding Limited 2000. This period corresponds to the 0.10 percent of molybdenum, or (‘‘Midland Resources’’), and Rudolph two most recent fiscal quarters prior to 0.10 percent of niobium, or Robinson International, Ltd. the month of the filing of the petition (‘‘Robinson’’). (These companies, and 0.15 percent of vanadium, or (i.e., November 2000). See 19 CFR 0.15 percent of zirconium. Zaporizhstal, are occasionally referred 351.204(b)(1). to as ‘‘respondents’’ in this notice). Also All products that meet the physical on February 27, 2001, Zaporizhstal also Scope of Investigation and chemical description provided submitted an unsolicited section B For purposes of this investigation, the above are within the scope of this response (home market sales) in light of products covered are certain hot-rolled investigation unless otherwise its request for market-economy carbon steel flat products of a excluded. The following products, by treatment for Ukraine and/or market- rectangular shape, of a width of 0.5 inch way of example, are outside or oriented industry treatment for itself. or greater, neither clad, plated, nor specifically excluded from the scope of On March 9, 2001, respondents coated with metal and whether or not this investigation: submitted a response to the first painted, varnished, or coated with • Alloy hot-rolled steel products in supplemental section A questionnaire. plastics or other non-metallic which at least one of the chemical On March 13, 2001, Department officials substances, in coils (whether or not in elements exceeds those listed above met with counsel for respondents successively superimposed layers), (including, e.g., American Society for regarding this response and issued a regardless of thickness, and in straight Testing and Materials (ASTM) letter to them in which the Department lengths of a thickness of less than 4.75 specifications A543, A387, A514, A517, explained that a large number of their mm and of a width measuring at least A506). answers were unresponsive and grossly 10 times the thickness. Universal mill • Society of Automotive Engineers deficient despite explicit instructions in plate (i.e., flat-rolled products rolled on (SAE)/American Iron & Steel Institute the original questionnaire and the four faces or in a closed box pass, of a (AISI) grades of series 2300 and higher. supplemental questionnaire of February width exceeding 150 mm, but not • Ball bearing steels, as defined in the 23, 2001. See Memorandum to the File exceeding 1250 mm, and of a thickness HTSUS. from Lori Ellison to Rick Johnson; Ex- of not less than 4.0 mm, not in coils and • Tool steels, as defined in the Parte Meeting, dated March 19, 2001. without patterns in relief) of a thickness HTSUS.
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• Silico-manganese (as defined in the merchandise from Midland Industries, treatment for Zaporizhstal (that is, that HTSUS) or silicon electrical steel with and resold such merchandise into the the hot-rolled steel industry in Ukraine a silicon level exceeding 2.25 percent. United States at prices less than the be treated as a market-oriented • ASTM specifications A710 and trading companies’ cost of acquisition industry). Accordingly, on February 26, A736. and associated expenses. Further, 2001, we issued a questionnaire • USS abrasion-resistant steels (USS Bethlehem et al. maintain that the concerning Zaporizhstal’s market- AR 400, USS AR 500). trading companies’ resale prices do not oriented industry treatment. • All products (proprietary or permit the recovery of these companies’ Specifically, we requested that otherwise) based on an alloy ASTM total acquisition and associated costs. Zaporizhstal and the Government of specification (sample specifications: Because of the complexity of the issue, Ukraine address the following criteria: ASTM A506, A507). the Department has not yet determined (1) For the merchandise under • Non-rectangular shapes, not in the proper course of action on the investigation, there must be virtually no coils, which are the result of having petitioners’ middleman dumping government involvement in setting been processed by cutting or stamping allegation. Accordingly, we will address prices or amounts to be produced; (2) and which have assumed the character the middleman dumping issue in the the industry producing the merchandise of articles or products classified outside final determination. under investigation should be chapter 72 of the HTSUS. characterized by private or collective Nonmarket-Economy Country Status The merchandise subject to this ownership; and (3) market-determined investigation is classified in the HTSUS The Department has treated Ukraine prices must be paid for all significant at subheadings: 7208.10.15.00, as a non-market economy (‘‘NME’’) inputs, whether material or non- 7208.10.30.00, 7208.10.60.00, country in all past antidumping material (e.g., labor and overhead), and 7208.25.30.00, 7208.25.60.00, investigations. See, e.g., Notice of for all but an insignificant portion of all 7208.26.00.30, 7208.26.00.60, Preliminary Determinations of Sales at the inputs accounting for the total value 7208.27.00.30, 7208.27.00.60, Less Than Fair Value: Steel Concrete of the merchandise under review. To 7208.36.00.30, 7208.36.00.60, Reinforcing Bars from Poland, date, we have received no response to 7208.37.00.30, 7208.37.00.60, Indonesia, and Ukraine, 66 FR 8343 this request for information. 7208.38.00.15, 7208.38.00.30, (January 30, 2001) and Notice of Final Furthermore, we note that in this 7208.38.00.90, 7208.39.00.15, Determination of Sales at Less Than investigation, there are three known 7208.39.00.30, 7208.39.00.90, Fair Value: Certain Cut-to-Length producers of subject merchandise: 7208.40.60.30, 7208.40.60.60, Carbon Steel Plate from Ukraine (‘‘CTL Ilyich, Dnepropetrovsk, and 7208.53.00.00, 7208.54.00.00, Plate from Ukraine’’) 62 FR 61754 Zaporizhstal. Of these three, Ilyich and 7208.90.00.00, 7211.14.00.90, (November 19, 1997). This NME Denpropetrovsk have failed to respond 7211.19.15.00, 7211.19.20.00, designation remains in effect until it is to the Department’s questionnaire. As 7211.19.30.00, 7211.19.45.00, revoked by the Department (see section the Department stated in Notice of Final 7211.19.60.00, 7211.19.75.30, 771(18)(C) of the Act). During this Determination of Sales at Less Than 7211.19.75.60, and 7211.19.75.90. investigation, Zaporizhstal requested Fair Value: Freshwater Crawfish Tail Certain hot-rolled carbon steel flat revocation of Ukraine’s NME status. Meat From the People’s Republic of products covered by this investigation, Following the official endorsement of China, 62 FR 41351 (August 1, 1997), including: vacuum degassed fully this request by the Ukrainian ‘‘consistent with past practice, we stabilized; high strength low alloy; and government, the Department issued a require information on the entire the substrate for motor lamination steel letter to Zaporizhstal and the Ukrainian industry, or virtually the entire may also enter under the following tariff Embassy requesting, inter alia, that the industry, in order to make an affirmative numbers: 7225.11.00.00, 7225.19.00.00, company and the Government of determination that an industry is market 7225.30.30.50, 7225.30.70.00, Ukraine submit evidence addressing the oriented.’’ As further noted in that 7225.40.70.00, 7225.99.00.90, statutory criteria relevant to their NME determination, the Department received 7226.11.10.00, 7226.11.90.30, status and described in section questionnaire responses from only a 7226.11.90.60, 7226.19.10.00, 771(18)(B) of the Act. In addition, the small portion of the exporters named in 7226.19.90.00, 7226.91.50.00, Department requested that Zaporizhstal the petition, and data on the record in 7226.91.70.00, 7226.91.80.00, and submit evidence of progress regarding that case revealed that several exporters 7226.99.00.00. Subject merchandise those factors under section 771(18)(B) who did not respond to the may also enter under 7210.70.30.00, which Ukraine did not satisfy in its Department’s questionnaire exported 7210.90.90.00, 7211.14.00.30, 1996 request for revocation. See CTL the subject merchandise into the United 7212.40.10.00, 7212.40.50.00, and Plate from Ukraine, 62 FR 61754. States during the POI. Finally, we also 7212.50.00.00. Although the HTSUS However, as of the date of this noted in that case that ‘‘although we subheadings are provided for determination, we have received no received a letter from the China convenience and U.S. Customs response to this request for information. Chamber on March 6, 1997, this letter purposes, the written description of the Given that no evidence or did not adequately respond to the merchandise under investigation is argumentation on the record exists Department’s original request for dispositive. regarding progress since the earlier information, and did not provide the determination, for purposes of this necessary information regarding the Middleman Dumping Allegation preliminary determination, we have universe of PRC crawfish producers and On March 22, 2001, Bethlehem et al. continued to treat Ukraine as an NME exporters.’’ requested that the Department conduct country. In this case, we likewise are faced a middleman dumping investigation of with the fact that known exporters of Robinson and other trading companies Market Oriented Industry Ukrainian subject merchandise have not through whom Zaporizhstal’s subject As indicated above (see ‘‘Case responded to the Department’s requests merchandise was sold to the United History’’), Zaporizhstal, with the for information. Furthermore, we have States. They allege that the trading support of the Government of Ukraine, received no information from the companies purchased subject has requested market-oriented-industry Government of Ukraine, despite our
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explicit request. Consequently, information which cannot be verified, the Department to use facts available. In consistent with Department practice, for the Department shall use, subject to selecting from among facts available, purposes of this preliminary sections 782(d) and (e) of the Act, facts section 776(b) of the Act authorizes the determination, we have continued to otherwise available in reaching the Department to use adverse inference treat the hot-rolled steel industry in applicable determination. The statute where the parties fail to cooperate to the Ukraine as not qualified for MOI requires that certain conditions be met best of their abilities. Failure to respond treatment. before the Department may resort to to the Department’s questionnaires facts available. Where the Department demonstrates such lack of cooperation No Shipper Treatment for determines that a response to a request on the part of Ilyich and Krivorozhstal for information does not comply with Dnepropretovsk. Therefore, for purposes Krivorozhstal reported that it did not the request, section 782(d) of the Act of the preliminary determination, we have any sales of hot-rolled carbon steel provides that the Department will so have used adverse inference in selecting flat products to the United States. The inform the party submitting the from among facts otherwise available, Department confirmed, through a response and will, to the extent pursuant to section 776(b) of the Act. review of U.S. Customs data, the practicable, provide that party the Zaporizhstal absence of shipments from opportunity to remedy or explain the Krivorozhstal to the U.S. during the POI. deficiency. If the party fails to remedy Although Zaporizhstal has responded Therefore, in accordance with the the deficiency within the applicable in part to the Department’s Department’s practice, we did not time limits, the Department may, subject questionnaires and supplemental investigate Krivorozhstal. to section 782(e) of the Act, disregard all questionnaires over the course of this proceeding, its response is too deficient Ukraine-Wide Rate or part of the original and subsequent responses, as appropriate. Pursuant to to be used as a basis for calculating a We sent questionnaires to all four section 782(e) of the Act, the dumping margin. Specifically, it has not companies identified as potential Department shall not decline to provided the Department with respondents in the petition. We did not consider information deemed complete, documented, factors of receive responses from Ilyich and ‘‘deficient’’ under section 782(d) of the production information. Moreover, the Dnepropetrovsk. As discussed below in Act if: (1) The information is submitted factors of production data which has the ‘‘Separate Rates’’ section of the by the established deadline; (2) the been submitted has not been prepared notice, Zaporizhstal has significantly information can be verified; (3) the in accordance with the Department’s impeded this investigation. Given that information is not so incomplete that it instructions, and its use would we did not make a determination of a cannot serve as a reliable basis for significantly distort the margin separate rate for Zaporizhstal, the reaching the applicable determination; calculation. In addition, statements Ukraine-wide rate will be applicable to (4) the interested party has made in the Zaporizhstal’s April 5, 2001 it. In addition, U.S. import statistics demonstrated that it acted to the best of second supplemental section A indicate that the total quantity and its ability; and (5) the information can response indicate that Zaporizhstal value of U.S. imports of hot-rolled steel be used without undue difficulties. made sales of subject merchandise to from Ukraine is greater than the total In selecting from among the facts the United States through an affiliated quantity and value of hot-rolled steel available, section 776(b) of the Act party, Midland Resources. However, reported by Zaporizhstal (see authorizes the Department to use an Zaporizhstal had not previously Memorandum to Edward C. Yang, Facts adverse inference, if the Department identified this sales channel, and did Available Corroboration Memorandum, finds that an interested party failed to not report the U.S. sales of Midland Preliminary Determination of Hot- cooperate by not acting to the best of its Resources. Finally, Zaporizhstal did not Rolled Carbon Steel Flat Products from ability to comply with the request for timely file its response to a large Ukraine, April 23, 2001 (‘‘FA/ information. See also ‘‘Statement of number of questions relating to U.S. Corroboration Memorandum’’)). Administrative Action’’ accompanying sales of Midland Industries’ (a company Accordingly, we are applying the the URAA, H.R. Rep. No. 103–316, 870 with which Zaporizhstal claims to be Ukraine-wide rate to all exporters in (‘‘SAA’’). The statute and SAA provide affiliated), thereby effectively denying Ukraine based on our presumption that that such an adverse inference may be the Department the ability to analyze those respondents who failed to respond based on secondary information, significant sales information for the to our questionnaire constitute a single including information drawn from the purposes of the preliminary enterprise under common control by the petition. determination. Accordingly, we have government of Ukraine. See, e.g., Final In accordance with sections 776(a) relied on the facts otherwise available Determination of Sales at Less Than and (b) of the Act, for the reasons for purposes of this preliminary Fair Value: Bicycles from the People’s explained below, we preliminarily determination, pursuant to section Republic of China, 61 FR 19026 (April determine that the use of total adverse 776(a)(2)(A) and (B) of the Act. For a 30, 1996) (‘‘Bicycles’’). Therefore, the facts available is warranted with respect detailed analysis of Zaporizhstal’s Ukraine-wide rate applies to all entries to respondents Dnepropetrovsk, Ilyich, responses and their underlying of the subject merchandise from and Zaporizhstal. deficiencies, see Memorandum to Ukraine. Edward C. Yang, Facts Available Ilyich and Dnepropetrovsk Corroboration Memorandum, Application of Facts Available Although Ilyich entered an Preliminary Determination of Hot- Section 776(a) of the Act provides appearance as a foreign producer and Rolled Carbon Steel Flat Products from that, if an interested party withholds exporter of the subject merchandise, it Ukraine, April 23, 2001 (‘‘FA/ information that has been requested by ultimately did not respond to any of the Corroboration Memorandum’’). the Department, fails to provide such Department’s questionnaires. Similarly, As described in the FA/Corroboration information in a timely manner or in the Dnepropetrovsk failed to provide any Memorandum, Zaporizhstal failed to form or manner requested, significantly response to the Department’s provide adequate responses to the impedes a proceeding under the questionnaires. Given these companies’ Department’s supplemental antidumping statute, or provides failure to respond, section 776(a) directs questionnaires, despite the
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Department’s clear instructions and petition. See also SAA at 829–831. Zaporizhstal is an integrated steel repeated attempts to obtain the Section 776(c) of the Act provides that, producer with the typical coking, necessary data, pursuant to section when the Department relies on sintering and hot-metal production 782(d) of the Act. Moreover, we are secondary information (such as the facilities. The factors of production unable, under the application of section petition) in using the facts otherwise information provided in the petition 782(e), to use the company’s available, it must, to the extent was based on a similarly integrated steel information in our preliminary practicable, corroborate that information producer. We examined these factors calculations, since the responses from independent sources that are and found that, although the usage currently on the record are so reasonably at its disposal. factors information reported by incomplete that they cannot serve as a The SAA clarifies that ‘‘corroborate’’ Zaporizhstal are grossly deficient, and reliable basis for reaching the applicable means that the Department will satisfy therefore unusable for the purposes of determination. See section 782(e)(3), (4) itself that the secondary information to calculating a margin, evidence shows and (5) of the Act and the FA/ be used has probative value (see SAA at that the usage rates for significant Corroboration Memorandum. 870). The SAA also states that factors of production in the petition are We also find that the application of independent sources used to corroborate nevertheless lower than those reported adverse inferences in this case is such evidence may include, for by Zaporizhstal. As such, we find that appropriate, pursuant to section 776(b) example, published price lists, official the data we used in the petition, with of the Act. As discussed above, despite import statistics and customs data, and adjustments, was conservative. Thus, the Department’s clear directions in information obtained from interested we conclude that the 89.49 percent both the original and supplemental parties during the particular margin, the highest rate from the questionnaires, Zaporizhstal failed to investigation (see SAA at 870). petition, has probative value. provide critical information which was In order to determine the probative Separate Rates readily at the company’s disposal. value of the margins in the petition for Specifically, it failed to provide a use as adverse facts available for It is the Department’s policy to assign description of its calculation purposes of this determination, we all exporters of merchandise subject to methodology for each of its factors of examined evidence supporting the investigation in a NME country a single production, or worksheets calculations in the petition. In rate, unless an exporter can demonstrate demonstrating how each factor was accordance with section 776(c) of the that it is sufficiently independent from determined, despite the Department’s Act, to the extent practicable, we government control so as to be entitled explicit requests. Furthermore, the data examined the key elements of the export to a separate rate. In this case, the single that was provided was in a distortive price (EP) and normal value (NV) responding company, Zaporizhstal, has format that did not permit the calculations on which the margins in claimed to be sufficiently independent comparison of U.S. sales and factors of the petition were based, as adjusted by to warrant a separate rate. However, production based on the product the Department for the purposes of given that Zaporizhstal failed to matching characteristics identified in initiation. Our review of the EP and NV cooperate in this investigation to the the Department’s questionnaire, or on calculations indicated that the best of its ability, we have not made a any other reasonable basis. information in the petition has determination as to whether Zaporizhstal’s most recent response to probative value, as certain information Zaporizhstal merits a separate rate, and the Department’s supplemental are assigning a single country-wide rate questionnaire reveals that the company included in the margin calculations in for all exporters of subject merchandise made sales of subject merchandise the petition is from public sources from Ukraine for purposes of our through an affiliated party, but had not concurrent, for the most part, with the previously disclosed either this sales POI. For purposes of the preliminary preliminary determination. determination, we attempted to further channel or the U.S. sales of that affiliate. Verification In addition, the company failed to corroborate the information in the answer a significant number of petition. As provided in section 782(i)(1) of the questions concerning the sales of For EP we re-examined the Act, we intend to verify all company Midland Industries, in a timely manner, calculations from the petition. Given information relied upon in making our thereby depriving the Department of that the EP was based on POI-wide final determination, provided that reasonable use of the information for the average unit imports values taken from necessary information is submitted in a purposes of the preliminary publicly available information, and no timely manner and in the form determination. For these reasons, we adjustments to EP were made, no further requested by the Department. corroboration was necessary. find that the company did not cooperate Suspension of Liquidation to the best of its ability in responding to For NV, we re-examined the data the Department’s request for petitioners relied upon in constructing In accordance with section 733(d) of information, and that, consequently, an the NV, as adjusted by the Department. the Act, we are directing the U.S. adverse inference is warranted under We reviewed the financial data used in Customs Service to suspend liquidation section 776(b) of the Act when selecting the petition, which is derived from of all imports of subject merchandise facts available. See e.g., Notice of Final publicly-available data (i.e., 1997 entered, or withdrawn from warehouse, Determination of Sales at Less than Fair financial statements from PT Krakatau for consumption on or after the date of Value: Circular Seamless Stainless Steel Steel, an Indonesian producer of publication of this notice in the Federal Hollow Products from Japan, 65 FR comparable merchandise), and therefore Register. We will instruct the U.S. 42985 (July 12, 2000). requires no further corroboration. With Customs Service to require a cash regard to the usage factors provided by deposit or the posting of a bond equal Selection and Corroboration of Facts petitioners, we find that the petition to the weighted-average amount by Available information is corroborated based on a which the NV exceeds the EP, as Section 776(b) of the Act states that an comparison of the usage rates reported indicated below. These suspension-of- adverse inference may include reliance by Zaporizhstal to those that we used in liquidation instructions will remain in on information derived from the our initiation of this investigation. effect until further notice. The
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weighted-average dumping margins are hearing, each party may make an products (HRS) from India are being as follows: affirmative presentation only on issues sold, or are likely to be sold, in the raised in that party’s case brief, and may United States at less than fair value Weighted- make rebuttal presentations only on (LTFV), as provided in section 733 of average arguments included in that party’s the Act. The estimated margins of sales Exporter/manufacturer margin percent rebuttal brief. See 19 CFR 351.310(c). at LTFV are shown in the Suspension of If this investigation proceeds Liquidation section of this notice. Ukraine-Wide ...... 89.49 normally, we will make our final Case History determination no later than 75 days International Trade Commission after the date of the preliminary This investigation was initiated on Notification determination. December 4, 2000. See Notice of Initiation of Antidumping Duty In accordance with section 733(f) of This determination is issued and published in accordance with sections Investigations: Certain Hot-Rolled the Act, we have notified the ITC of our Carbon Steel Flat Products from determination of sales at LTFV. If our 733(f) and 777(i)(1) of the Act. Effective January 20, 2001, Bernard T. Carreau is Argentina, India, Indonesia, final determination is affirmative, the Kazakhstan, the Netherlands, the ITC will determine before the later of fulfilling the duties of the Assistant Secretary for Import Administration. People’s Republic of China, Romania, 120 days after the date of this South Africa, Taiwan, Thailand, and preliminary determination or 45 days Dated: April 23, 2001. Ukraine, 65 FR 77568 (December 12, after our final determination whether Bernard T. Carreau, 2000) (Initiation Notice).1 Since the the domestic industry in the United Deputy Assistant Secretary, Import initiation of these investigations, the States is materially injured, or Administration. following events have occurred. threatened with material injury, by [FR Doc. 01–10847 Filed 5–2–01; 8:45 am] The Department set aside a period for reason of imports, or sales (or the BILLING CODE 3510–DS–P all interested parties to raise issues likelihood of sales) for importation, of regarding product coverage. See the subject merchandise. Initiation Notice, at 77569. We received DEPARTMENT OF COMMERCE Public Comment no comments from any parties in this investigation. The Department did, International Trade Administration Case briefs or other written comments however, receive comments regarding may be submitted to the Assistant [A–533–820] product coverage in the investigation of Secretary for Import Administration no HRS from the Netherlands. In that later than fifty days after the date of Notice of Preliminary Determination of investigation we received comments publication of this notice, and rebuttal Sales at Less Than Fair Value and from Duracell Global Business briefs, limited to issues raised in case Postponement of Final Determination: Management Group on December 11, briefs, no later than fifty-five days after Certain Hot-Rolled Carbon Steel Flat 2000; from Energizer on December 15, the date of publication of this Products From India 2000; from Bouffard Metal Goods, Inc.; preliminary determination. See 19 CFR and Truelove & Maclean, Inc., on AGENCY: Import Administration, 351.309(c)(1)(i); 19 CFR 351.309(d)(1). A December 18, 2000; and from Corus list of authorities used and an executive International Trade Administration, Department of Commerce. Staal BV and Corus Steel U.S.A., Inc. summary of issues should accompany (collectively referred to as Corus); and any briefs submitted to the Department. EFFECTIVE DATE: May 3, 2001. Thomas Steel Strip Corporation on This summary should be limited to five FOR FURTHER INFORMATION CONTACT: December 26, 2000, and from Rayovac pages total, including footnotes. In Nithya Nagarajan, Timothy Finn, or Corporation on March 12, 2001. accordance with section 774 of the Act, John Conniff at (202) 482–5253, (202) On December 22, 2000, the we will hold a public hearing, if 482–0065, and (202) 482–1009, Department issued a letter to all requested, to afford interested parties an respectively; AD/CVD Enforcement, interested parties in each of the opportunity to comment on arguments Office 4, Group II, Import concurrent certain hot-rolled carbon raised in case or rebuttal briefs. Administration, Room 1870, steel flat products antidumping Tentatively, any hearing will be held International Trade Administration, investigations,2 providing an fifty-seven days after publication of this U.S. Department of Commerce, 14th opportunity to comment on the notice at the U.S. Department of Street and Constitution Avenue, NW, Department’s proposed model matching Commerce, 14th Street and Constitution Washington, DC 20230. characteristics and hierarchy. Avenue, NW., Washington, DC 20230, at The Applicable Statute and Regulations Comments were submitted by: a time and location to be determined. petitioners (January 5, 2001); Corus, a Parties should confirm by telephone the Unless otherwise indicated, all respondent in the concurrent date, time, and location of the hearing citations to the statute are references to Netherlands HRS investigation (January two days before the scheduled date. the provisions effective January 1, 1995, 3, 2001); Iscor Limited, a respondent in Interested parties who wish to request the effective date of the amendments a hearing, or to participate if one is made to the Tariff Act of 1930 (the Act) 1 The petitioners in these investigations are requested, must submit a written by the Uruguay Round Agreements Act Bethlehem Steel Corporation, Gallatin Steel request to the Assistant Secretary for (URAA). In addition, unless otherwise Company, IPSCO Steel Inc., LTV Steel Company, Import Administration, U.S. Department Inc., National Steel Corporation, Nucor Corporation, indicated, all citations to Department of Steel Dynamics Inc., U.S. Steel Group (a unit of of Commerce, Room 1870, within 30 Commerce (the Department) regulations USX Corporation), Weirton Steel Corporation, the days of the date of publication of this refer to the regulations codified at 19 Independent Steelworkers Union, and the United notice. See 19 CFR 351.310(c). Requests CFR part 351 (2000). Steelmakers of America (collectively the should contain: (1) The party’s name, petitioners). However, Weirton Steel Corporation is Preliminary Determination not a petitioner in the investigation involving the address, and telephone number; (2) the Netherlands. number of participants; and (3) a list of We preliminarily determine that 2 See Initiation Notice for a complete list of all the the issues to be discussed. At the certain hot-rolled carbon steel flat countries being investigated concurrently.
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the concurrent South Africa HRS section below. We received responses to have an insignificant effect on our investigation (January 3, 2001); and our questionnaire from both mandatory analysis, and, if not excluded, would Zaporizhstal, a respondent in the respondents, Ispat Industries Ltd. (Ispat) unduly complicate the Department’s concurrent Ukraine HRS investigation and Essar Steel Ltd. (Essar). We issued analysis. Therefore, we granted the (January 3, 2001). No other interested supplemental questionnaires, pertaining exclusion request discussed above. See party submitted comments. Petitioners to sections A, B, C, and D of the Letter from Thomas F. Futtner, Acting agreed with the Department’s proposed antidumping questionnaire, to Ispat and Office Director, to Ispat, dated April 16, characteristics and hierarchy of Essar in March 2001. Ispat and Essar 2001. responded to these supplemental characteristics. Corus suggested adding Postponement of the Final questionnaires in April 2001. a product characteristic to distinguish Determination prime merchandise from non-prime Ispat requested that it not be required merchandise. Neither Iscor nor to report certain information requested Section 735(a)(2) of the Act provides Zaporizhstal proposed any changes to in the questionnaires. Specifically Ispat that a final determination may be either the list of product characteristics requested that it be permitted to exclude postponed until not later than 135 days proposed by the Department or the sales of HRS by its cold-rolling division. after the date of the publication of the hierarchy of those product These sales were the result of internal preliminary determination if, in the characteristics but, rather, provided transfers between Ispat’s HRS facility event of an affirmative preliminary information relating to its own products and its cold-rolling production facility. determination, a request for such that were not relevant in the context of On February 1, 2001, Ispat reported that postponement is made by exporters who determining what information to its hot-rolling division transferred a account for a significant proportion of include in the Department’s small quantity of HRS to its cold-rolling exports of the subject merchandise, or in questionnaires. For purposes of the division which primarily further the event of a negative preliminary questionnaires subsequently issued by processed the HRS into non-subject determination, a request for such the Department to the respondents, no merchandise. However, the cold-rolling postponement is made by the changes were made to the product division sold a small percentage of HRS petitioners. The Department’s characteristics or the hierarchy of those to unaffiliated home market customers regulations, at 19 CFR 351.210(e)(2), characteristics from those originally during the period of investigation (POI). require that requests by respondents for proposed by the Department in its Also, Ispat reported that its cold-rolling postponement of a final determination December 22, 2000, letter. With respect division purchased HRS on the open be accompanied by a request for to Corus’ request, the additional product market during the POI and does not extension of provisional measures from characteristic suggested by Corus, to maintain information that would enable a four-month period to not more than distinguish prime merchandise from it to track whether it sold HRS produced six months. non-prime merchandise, is unnecessary. by Ispat’s hot-rolling division or HRS On April 13, 2001, Ispat and Essar The Department already asks purchased from unaffiliated suppliers. requested that, in the event of an respondents to distinguish prime from Therefore, according to Ispat, it would affirmative preliminary determination non-prime merchandise in field number be extremely difficult for Ispat to in this investigation, the Department 2.2. ‘‘Prime vs. Secondary identify and report the sales of HRS, by postpone its final determination until Merchandise.’’ See the Department’s its cold-rolling division. In addition, 135 days after the publication of the Antidumping Duty Questionnaire, at B– Ispat claimed that the sales at issue preliminary determination. Ispat and involve products with characteristics 7 and C–7. These fields are used in the Essar also included a request to extend unique to the home market, and thus it model match program to prevent the provisional measures to not more is unlikely that these sales would match matches of prime merchandise to non- than 135 days after the publication of its U.S. sales. As a result, Ispat prime merchandise. the preliminary determination. On December 28, 2000, the United requested that it be allowed to exclude Accordingly, since we have made an States International Trade Commission these sales from its overall home market affirmative preliminary determination, (ITC) preliminarily determined that sales database. and the requesting parties account for a On March 16, 2001, the Department there is a reasonable indication that significant proportion of exports of the issued a supplemental questionnaire to imports of the products subject to this subject merchandise, we have Ispat concerning this exclusion request. investigation from Argentina, China, postponed the final determination until We received Ispat’s response on March India, Indonesia, Kazakhstan, the not later than 135 days after the date of 22, 2001. The information contained in Netherlands, Romania, South Africa, the publication of the preliminary this response, in addition to information Taiwan, Thailand, and Ukraine, are determination. contained in Ispat’s responses to the materially injuring an industry in the antidumping questionnaire, indicate Period of Investigation United States producing the domestic that the sales covered by these exclusion The period of investigation (POI) for like product. See Hot-Rolled Steel requests are not representative of this investigation is October 1, 1999, Products from Argentina, China, India, normal selling behavior, were made in through September 30, 2000. This Indonesia, Kazakhstan, Netherlands, such small volumes that they would period corresponds to the four most Romania, South Africa, Taiwan, recent fiscal quarters prior to the month Thailand, and Ukraine, 66 FR 805 which it sells that merchandise in all of its markets. of the filing of the petition (i.e., (January 4, 2001). Section B requests a complete listing of all home November 2000). The Department issued antidumping market sales, or, if the home market is not viable, questionnaires to the two mandatory of sales in the most appropriate third-country Scope of Investigation market (this section is not applicable to respondents respondents in India on January 11, For purposes of these investigations, 3 in non-market economy (NME) cases). Section C 2001. See Selection of Respondents requests a complete listing of U.S. sales. Section D the products covered are certain hot- requests information on the cost of production rolled carbon steel flat products of a 3 Section A of the questionnaire requests general (COP) of the foreign like product and the information concerning a company’s corporate constructed value (CV) of the merchandise under rectangular shape, of a width of 0.5 inch structure and business practices, the merchandise investigation. Section E requests information on or greater, neither clad, plated, nor under investigation that it sells, and the manner in further manufacturing. coated with metal and whether or not
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painted, varnished, or coated with elements exceeds those listed above purposes, the written description of the plastics or other non-metallic (including, e.g., American Society for merchandise under investigation is substances, in coils (whether or not in Testing and Materials (ASTM) dispositive. successively superimposed layers), specifications A543, A387, A514, A517, Selection of Respondents regardless of thickness, and in straight A506). lengths of a thickness of less than 4.75 • Society of Automotive Engineers Section 777A(c)(1) of the Act directs mm and of a width measuring at least (SAE)/American Iron & Steel Institute the Department to calculate individual 10 times the thickness. Universal mill (AISI) grades of series 2300 and higher. dumping margins for each known plate (i.e., flat-rolled products rolled on • Ball bearing steels, as defined in the exporter and producer of the subject four faces or in a closed box pass, of a HTSUS. merchandise. Where it is not practicable width exceeding 150 mm, but not • Tool steels, as defined in the to examine all known producers/ exceeding 1250 mm, and of a thickness HTSUS. exporters of subject merchandise, • of not less than 4.0 mm, not in coils and Silico-manganese (as defined in the section 777A(c)(2) of the Act permits the without patterns in relief) of a thickness HTSUS) or silicon electrical steel with Department to investigate either (1) a a silicon level exceeding 2.25 percent. sample of exporters, producers, or types not less than 4.0 mm is not included • within the scope of these investigations. ASTM specifications A710 and of products that is statistically valid A736. based on the information available at Specifically included within the • scope of these investigations are USS abrasion-resistant steels (USS the time of selection, or (2) exporters AR 400, USS AR 500). and producers accounting for the largest vacuum degassed, fully stabilized • (commonly referred to as interstitial-free All products (proprietary or volume of the subject merchandise that (IF)) steels, high strength low alloy otherwise) based on an alloy ASTM can reasonably be examined. Using (HSLA) steels, and the substrate for specification (sample specifications: company-specific export data for the ASTM A506, A507). motor lamination steels. IF steels are • POI, which we obtained from the recognized as low carbon steels with Non-rectangular shapes, not in American Embassy in New Delhi, India, micro-alloying levels of elements such coils, which are the result of having we found that four Indian exporters as titanium or niobium (also commonly been processed by cutting or stamping shipped HRS to the United States referred to as columbium), or both, and which have assumed the character during the POI. Due to limited resources added to stabilize carbon and nitrogen of articles or products classified outside we determined that we could investigate elements. HSLA steels are recognized as chapter 72 of the HTSUS. only the two largest producers/ The merchandise subject to these steels with micro-alloying levels of exporters, accounting for more than 60 investigations is classified in the elements such as chromium, copper, percent of total exports to the United HTSUS at subheadings: 7208.10.15.00, niobium, vanadium, and molybdenum. States. See Memorandum from Timothy 7208.10.30.00, 7208.10.60.00, The substrate for motor lamination Finn to Holly A. Kuga, Selection of 7208.25.30.00, 7208.25.60.00, steels contains micro-alloying levels of Respondents, dated January 10, 2001. 7208.26.00.30, 7208.26.00.60, elements such as silicon and aluminum. Therefore, we designated Ispat and Steel products to be included in the 7208.27.00.30, 7208.27.00.60, Essar as mandatory respondents and scope of these investigations, regardless 7208.36.00.30, 7208.36.00.60, sent them the antidumping of definitions in the Harmonized Tariff 7208.37.00.30, 7208.37.00.60, questionnaire. Schedule of the United States (HTSUS), 7208.38.00.15, 7208.38.00.30, Product Comparisons are products in which: (i) Iron 7208.38.00.90, 7208.39.00.15, predominates, by weight, over each of 7208.39.00.30, 7208.39.00.90, In accordance with section 771(16) of the other contained elements; (ii) the 7208.40.60.30, 7208.40.60.60, the Act, all products produced by the carbon content is 2 percent or less, by 7208.53.00.00, 7208.54.00.00, respondents covered by the description weight; and (iii) none of the elements 7208.90.00.00, 7211.14.00.90, in the Scope of Investigation section, listed below exceeds the quantity, by 7211.19.15.00, 7211.19.20.00, above, and sold in India during the POI weight, respectively indicated: 7211.19.30.00, 7211.19.45.00, are considered to be foreign like 7211.19.60.00, 7211.19.75.30, products for purposes of determining 1.80 percent of manganese, or 7211.19.75.60, and 7211.19.75.90. 2.25 percent of silicon, or appropriate product comparisons to Certain hot-rolled carbon steel flat U.S. sales. We have relied upon the 1.00 percent of copper, or products covered by these 0.50 percent of aluminum, or following product characteristics to 1.25 percent of chromium, or investigations, including: vacuum match U.S. sales of subject merchandise 0.30 percent of cobalt, or degassed fully stabilized; high strength to comparison-market sales of the 0.40 percent of lead, or low alloy; and the substrate for motor foreign like product or CV: painted or 1.25 percent of nickel, or lamination steel may also enter under not painted; quality; carbon content; 0.30 percent of tungsten, or the following tariff numbers: yield strength; thickness; width; cut-to- 0.10 percent of molybdenum, or 7225.11.00.00, 7225.19.00.00, length or coil; tempered or not 0.10 percent of niobium, or 7225.30.30.50, 7225.30.70.00, tempered; pickled or not pickled; edge 0.15 percent of vanadium, or 7225.40.70.00, 7225.99.00.90, trim; and with or without patterns in 0.15 percent of zirconium. 7226.11.10.00, 7226.11.90.30, relief. Where there were no sales of All products that meet the physical 7226.11.90.60, 7226.19.10.00, identical merchandise in the home and chemical description provided 7226.19.90.00, 7226.91.50.00, market to compare to U.S. sales, we above are within the scope of these 7226.91.70.00, 7226.91.80.00, and compared U.S. sales to the next most investigations unless otherwise 7226.99.00.00. Subject merchandise similar foreign like product on the basis excluded. The following products, by may also enter under 7210.70.30.00, of the characteristics listed above. way of example, are outside or 7210.90.90.00, 7211.14.00.30, specifically excluded from the scope of 7212.40.10.00, 7212.40.50.00, and Fair Value Comparisons these investigations: 7212.50.00.00. Although the HTSUS To determine whether sales of HRS • Alloy hot-rolled steel products in subheadings are provided for from India were made in the United which at least one of the chemical convenience and U.S. Customs States at LTFV, we compared the export
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price (EP) to the normal value (NV), as 772(a) of the Act, because Ispat and Department grants a duty drawback described in the Export Price and Essar sold the merchandise directly to adjustment if it finds that: (1) Import Normal Value sections of this notice. In unaffiliated U.S. customers or sold the duties and rebates are directly linked to accordance with section merchandise to unaffiliated trading and are dependent upon one another, 777A(d)(1)(A)(i) of the Act, we companies, with knowledge that these and (2) the company claiming the calculated weighted-average EPs. We companies in turn sold the merchandise adjustment can demonstrate that there compared these to weighted-average to U.S. customers, and constructed are sufficient imports of raw materials to home market prices. export price was not otherwise account for the duty drawback received warranted. For both Ispat and Essar, we on exports of the manufactured product. Date of Sale calculated EP using the packed prices See Steel Wire Rope from the Republic For home market and U.S. sales, Ispat charged to the first unaffiliated of Korea; Final Results of Antidumping and Essar both reported the date of customer in the United States (the Duty Administrative Review, 61 FR invoice/shipment, as the most starting price). 55965, 55968 (October 30, 1996). appropriate date of sale. Essar and Ispat We deducted from the starting price, The Department has repeatedly both stated that the invoice/shipment where applicable, amounts for discounts rejected the claim for duty drawback date best reflects the date on which the and rebates, and movement expenses in under the DEPB, based on the fact that material terms of sale are established accordance with section 772(c)(2)(A) of the applicants received a drawback for and that price and/or quantity can and the Act. In this case, movement the full amount of dutiable imports do change between order confirmation expenses include foreign inland freight, although there is no direct linkage date and invoice/shipment date. international freight, foreign and U.S. between the material actually imported Petitioners, however, have alleged that brokerage and handling charges, and the refunded amount. See Final the sales documentation provided by insurance, U.S. duties and U.S. inland Determination: Stainless Steel Round respondents indicates that the order freight. Wire from India, 64 FR 17319, 17320 confirmation date appears to be the date (April 9, 1999). The record evidence in Duty Drawback when the material terms of sale are set this investigation demonstrates that for a majority of these respondents’ sales In the instant investigation, Ispat and neither Essar nor Ispat was able to of HRS. On March 2, 2001, the Essar have claimed a duty drawback ‘‘link’’ the import duties paid on the Department requested respondents to adjustment for the Government of input, and then rebated upon provide additional information India’s Duty Entitlement Passbook exportation. Rather the evidence on the concerning the choice of date of Scheme (‘‘DEPB’’). Under the DEPB record demonstrates that the DEPB invoice/shipment as the date of sale. On program, exporters are granted a credit program is a refund of duties calculated March 16, 2001, Ispat and Essar which is equivalent to 14 percent of the on an aggregated basis rather than on a reiterated that invoice/shipment date is FOB value of exports. The exporters input-specific basis. See Essar: the most appropriate date of sale and then use this credit to offset the customs Supplemental Questionnaire Response, requested that they not have to report duty payment on imported inputs used dated April 6, 2001, at 48–50; see also sales based on any alternative date of to manufacture exported products. Ispat: Supplemental Questionnaire sale. In addition, Essar has claimed a duty Response, dated April 6, 2001, at SC– The Department is preliminarily using drawback adjustment for the Advance 18–19. After a review of the the dates of sale reported by each License program. The Advance License documentation on the record, we found respondent (i.e., date of invoice/ program allows exporters to import that neither Ispat nor Essar was able to shipment), as this is our preferred specified inputs duty-free to utilize in (1) demonstrate that import duties and methodology. The Department uses production of a finished product. rebates for the DEPB program are invoice date under section 351.401(i) According to the information on the directly linked to and dependent upon unless there is sufficient evidence that record, there is a quantitative limit on one another; or (2) demonstrate that material terms of sale initially set at the duty-free imports for each of the there were sufficient imports of raw some earlier date were not subject to specified input materials. These limited materials to account for the duty change. This methodology has recently inputs are exempt from customs duties, drawback received on exports of the been affirmed by the Court of and upon exportation of the finished finished product. See Final Results of International Trade. See SEAH Steel merchandise, the duties collected on Administrative Review: Silicon Metal Corp. Ltd. v. United States, Slip. Op. imported inputs are refunded to the from Brazil, 64 F.R. 6305, 6318 01–20 (Ct. Int’l. Trade) (February 23, exporter. (February 9, 1999) (denying a duty 2001) (ruling that the Department’s The petitioners, in their comments for drawback adjustment when the choice of date of invoice as the date of our preliminary determination, filed on respondent had not met the burden of sale was appropriate and in accordance April 11, 2001, argue that neither Ispat demonstrating that it was entitled to the with the Department’s practice). nor Essar qualify for a duty drawback adjustment). Based on this information, However, we intend to fully examine adjustment for the DEPB program; and we preliminarily find that Ispat and establishment of material terms of sale in addition, that Essar does not qualify Essar have failed to meet both prongs of at verification, and we will incorporate for the Advance License program, the Department’s test with regard to the our findings, as appropriate, in our because the respondents have failed to DEPB duty drawback adjustment. As a analysis for the final determination. Due show that the duty drawback received result, we have not made an adjustment to the complexity of this issue, we invite conformed to the Department’s to U.S. price for DEPB duty drawback in all interested parties to submit requirements for granting the the preliminary determination. comments on this issue in accordance adjustment. With regard to the Advance License with the schedule for comments set The Department applies a two- program, we further find that Essar has forth in this notice. pronged test to determine whether a not met its burden. Essar failed respondent has fulfilled the statutory demonstrated that in order to obtain a Export Price requirements for a duty drawback refund from the Government of India For the price to the United States, we adjustment pursuant to section under the Advance License Program, used EP, in accordance with section 772(c)(1)(B) of the Act. Specifically, the that it was able to link the value of
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imports eligible for refund to the actual In deriving NV, we made adjustments meaning of section 773(b) of the Act. We quantity of inputs imported and then as detailed in the Calculation of NV conducted the COP analysis described used in the production and export of Based on Home Market Prices and below. subject merchandise. Essar states that it Calculation of NV Based on CV, 1. Calculation of COP. In accordance provides the following information to sections below. with section 773(b)(3) of the Act, we the Government of India: (1) The calculated a weighted-average COP for B. Affiliated-Party Transactions and each respondent based on the sum of quantity of exports; (2) the quantity of Arm’s-Length Test imports; and (3) ‘‘whether the company the cost of materials and fabrication for imported inputs in proportion to the Essar reported that it only sold HRS the foreign like product, plus amounts quantitative norms set by the in the home market to unaffiliated for the home market general and government.’’ See Essar: Supplemental customers. Therefore, the Department’s administrative (G&A) expenses and Questionnaire Response, at 49–50. arm’s-length test is inapplicable with interest expenses. However, based upon an examination of regard to Essar’s home market sales. We relied on the COP data submitted the information on the record, the Ispat reported that it made home by Ispat and Essar in their cost Department is unable to find that Essar’s market sales to other affiliated questionnaire responses, except, as records indicate that the calculated companies. We applied the arm’s-length noted below, in specific instances where amount of exempted import duties were test to sales from Ispat to these affiliated Ispat’s submitted costs were not applied to the import quantities of input companies by comparing them to sales appropriately quantified or valued. materials actually utilized (as opposed of identical merchandise from Ispat to a. Changes to Ispat’s Cost of to the total aggregate quantity of imports unaffiliated home market customers. If Production. Based on the information eligible), and then reconciled to the these affiliated party sales satisfied the on the record, it appears that Ispat arm’s-length test, we used them in our quantity of merchandise exported to reached commercial levels of analysis. Sales to affiliated customers in derive the reported per unit duty production prior to the POI. Therefore, the home market which were not made drawback amount. See id. at 50. we disallowed the start-up adjustment at arm’s-length prices were excluded claimed by Ispat. We adjusted the Therefore, we preliminarily find that from our analysis because we reported costs to include depreciation Essar was unable to (1) demonstrate that considered them to be outside the expenses and certain raw material costs import duties and rebates for the ordinary course of trade. See 19 CFR that were omitted. We recalculated Advance License program are directly 351.102. Ispat’s G&A expense ratio using its linked to and dependent upon one To test whether these sales were made company-wide G&A costs from its fiscal another; and (2) demonstrate that there at arm’s-length prices, we compared on year 2000 audited financial statements. were sufficient imports of raw materials a model-specific basis the starting prices We adjusted Ispat’s financial expense to account for the duty drawback of sales to affiliated and unaffiliated ratio to include the net exchange rate received on exports of the finished customers net of all discounts and difference and loss on cancellation of product. Therefore, we preliminarily rebates, movement charges, direct forward contract per its audited find that Essar has not met both prongs selling expenses, and home market financial statements. of the Department’s test with regard to packing. Where, for the tested models of See Calculation Memorandum from the Advance Licence duty drawback subject merchandise, prices to the Michael P. Harrison to Neal Halper, adjustment. As a result, we have not affiliated party were on average 99.5 dated April 23, 2001, for a discussion of made an adjustment to Essar’s U.S. price percent or more of the price to the the above-referenced adjustments. for Advance License duty drawback in unaffiliated parties, we determined that 2. Test of Home Market Sales Prices. the preliminary determination. sales made to the affiliated party were On a model-specific basis, we compared Normal Value at arm’s-length. See 19 CFR 351.403(c) the revised COP to the home market and 62 FR at 27355, Preamble— prices, less any applicable discounts A. Selection of Comparison Market Department’s Final Antidumping and rebates, movement charges, selling Section 773(a)(1) of the Act directs Regulations (May 19, 1997). expenses, commissions, and packing. that NV be based on the price at which We then compared the adjusted the foreign like product is sold in the A. COP Analysis weighted-average COP to the home home market, provided that the Concurrent with the filing of the market sales of the foreign like product, merchandise is sold in sufficient original petition, the petitioners alleged as required under section 773(b) of the quantities (or has sufficient aggregate that sales of HRS in the home market of Act, in order to determine whether these value, if quantity is inappropriate) and India were made at prices below the sales had been made at prices below the that there is no particular market fully absorbed COP, and accordingly, COP within an extended period of time situation in the home market that requested that the Department conduct (i.e., a period of one year) in substantial prevents a proper comparison with the a country-wide sales-below-COP quantities and whether such prices were EP transaction. The statute contemplates investigation. Based upon the sufficient to permit the recovery of all that quantities (or value) will normally comparison of the adjusted prices from costs within a reasonable period of time. be considered insufficient if they are the petition for the foreign like product 3. Results of the COP Test. Pursuant less than five percent of the aggregate to its COP, and in accordance with to section 773(b)(2)(C) of the Act, where quantity (or value) of sales of the subject section 773(b)(2)(A)(i) of the Act, we less than 20 percent of a respondent’s merchandise to the United States. found reasonable grounds to believe or sales of a given product were at prices For this investigation, we found that suspect that sales of HRS manufactured less than the COP, we did not disregard Ispat and Essar each had a viable home in India were made at prices below the any below-cost sales of that product market for HRS. Thus, the home market COP. See Initiation Notice at 77572. As because we determined that the below- is the appropriate comparison market in a result, the Department has conducted cost sales were not made in ‘‘substantial this investigation, and we used the an investigation to determine whether quantities.’’ Where 20 percent or more respondents’ submitted home market Ispat and Essar made sales in the home of a respondent’s sales of a given sales data for purposes of calculating market at prices below their respective product during the POI were at prices NV. COPs during the POI within the less than the COP, we determined such
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sales to have been made in ‘‘substantial F. Level of Trade (LOT)/CEP Offset indicated that it performed certain types quantities’’ within an extended period In accordance with section of selling functions (pre- and post-sale of time in accordance with section 773(a)(1)(B) of the Act, to the extent customer visits, order processing, 773(b)(2)(B) or the Act. In such cases, practicable, we determine NV based on inventory maintenance, technical because we compared prices to POI sales in the comparison market at the advice, freight arrangements, warranty average costs, we also determined that same LOT as the U.S. transaction (in services, and advertising) for the U.S. such sales were not made at prices that this case EP transactions). The NV LOT customers. As a result, we preliminary would permit recovery of all costs is that of the starting-price sales in the determine that there is a single level of within a reasonable period of time, in comparison market or, when NV is trade with respect to Ispat’s EP sales. accordance with section 773(b)(2)(D) of based on CV, that of the sales from We then compared the LOT for Ispat’s the Act. Therefore, we disregarded the which we derive selling, general, and EP sales to the home market LOT and below-cost sales. administrative (SG&A) expenses and found that its EP sales are provided at We found that, for certain models of the same LOT as its home market sales. HRS, more than 20 percent of the home profit. For EP sales, the U.S. LOT is also the level of the starting-price sale, Thus, no LOT adjustment is warranted, market sales by Ispat and Essar were and we have not made a LOT made within an extended period of time which is usually from exporter to importer. adjustment for Ispat’s sales. at prices less than the COP. Further, the Essar. Essar reported that it sold prices did not provide for the recovery To determine whether NV sales are at a different LOT than EP transactions, we subject merchandise to two different of costs within a reasonable period of types of customers (end users and time. We therefore disregarded these examine stages in the marketing process and selling functions along the chain of service centers through two separate below-cost sales and used the remaining channels of distribution) in the home sales as the basis for determining NV, in distribution between the producer and the unaffiliated customer. If the market. Further, it indicated that, for accordance with section 773(b)(1) of the each of the reported channels of Act. comparison market sales are at a different LOT and the difference affects distribution, it provided the same types D. Calculation of NV Based on Home price comparability, as manifested in a of selling functions (price negotiation, Market Prices pattern of consistent price differences sales calls, interactions with customers, We based home market prices on the between the sales on which NV is based inventory maintenance, freight, and packed prices to unaffiliated purchasers and comparison market sales at the LOT warranty services) at the same levels of in India. We adjusted, where applicable, of the export transaction, we make a intensity. Since both types of Essar’s the starting price for discounts and LOT adjustment under section customers received the same selling rebates. We made adjustments for any 773(a)(7)(A) of the Act. functions, at the same levels of differences in packing, in accordance In implementing these principles in intensity, we determine that there is a with section 773(a)(6)(A) and this investigation, we obtained single LOT in the home market with 773(a)(6)(B)(i) of the Act, and we information from the respondents about respect to Essar. deducted movement expenses and the marketing stages involved in the Essar further reported that it made EP domestic brokerage and handling, reported U.S. and home market sales, sales of subject merchandise to a single pursuant to section 773(a)(6)(B)(ii) of including a description of the selling type of customer (trading companies) the Act. In addition, where applicable, activities performed by the respondents through a single channel of distribution we made adjustments for differences in for each channel of distribution. In in the U.S. market. Further, Essar circumstances of sale (COS) pursuant to identifying LOTs for EP and home indicated that it provided certain types section 773(a)(6)(C)(iii) of the Act market sales, we considered the selling of selling functions (price negotiation, movement expenses (foreign inland functions reflected in the starting price processing orders, freight and delivery freight and warehousing). We also made before any adjustments. In this arrangements, inventory maintenance, COS adjustments, where applicable, by investigation, neither Ispat nor Essar sales calls and visits, credit and deducting direct selling expenses requested a LOT adjustment. payment collection, and warranty incurred for home market sales (credit Ispat. Ispat reported that it sold services) for the U.S. customers. As a expense and warranty) and adding U.S. subject merchandise to three different result, we preliminary determine that direct selling expenses. We also made types of customers (end users, service there is a single level of trade for U.S. adjustments, pursuant to 19 CFR centers, and trading companies through EP sales. We then compared the LOT for 351.410(e), for indirect selling expenses three separate channels of distribution) EP sales to the home market LOT and incurred on comparison-market or U.S. in the home market. Further, Ispat found that Essar’s EP sales are provided sales where commissions were granted indicated that, for each of the reported at the same LOT as its home market on sales in one market but not in the channels of distribution, it provided the sales. Thus, no LOT adjustment is other (the commission offset). No other same types of selling functions (market warranted, and we have not made a LOT adjustments to NV were claimed or research, sales calls, interactions with adjustment for Essar’s sales. customers, inventory maintenance, allowed. Currency Conversions freight, and technical advice) at the E. Calculation of NV Based on CV same levels of intensity. Since all three We made currency conversions into Section 773(a)(4) of the Act provides types of Ispat’s customers received the U.S. dollars in accordance with section that, where NV cannot be based on same selling functions, at the same 773A of the Act based on exchange rates comparison-market sales, NV may be levels of intensity, we determine that in effect on the dates of the U.S. sales, based on CV. Accordingly, for those there is a single LOT in the home as obtained from the Federal Reserve models of HRS for which we could not market with respect to Ispat. Bank (the Department’s preferred source determine the NV based on comparison- Ispat also reported that it made EP for exchange rates). market sales, either because there were sales of subject merchandise to a single Verification no sales of a comparable product or all type of customer (trading companies) sales of the comparison products failed through a single channel of distribution In accordance with section 782(i) of the COP test, we based NV on CV. in the U.S. market. Further, Ispat the Act, we intend to verify all
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information relied upon in making our affirmative, the ITC will determine Dated: April 23, 2001. final determination. whether the imports covered by that Bernard T. Carreau, determination are materially injuring, or All Others Rate Deputy Assistant Secretary, Import threaten material injury to, the U.S. Administration. Recognizing the impracticality of industry. The deadline for that ITC [FR Doc. 01–10848 Filed 5–2–01; 8:45 am] examining all producers and exporters determination would be the later of 120 BILLING CODE 3510–DS–P in all cases, section 735(c)(5)(A) of the days after the date of this preliminary Act provides for the use of an ‘‘all determination or 45 days after the date others’’ rate, which is applied to non- of our final determination. DEPARTMENT OF COMMERCE investigated firms. See SAA at 873. This section states that the all others rate Public Comment International Trade Administration shall generally be an amount equal to Case briefs for this investigation must the weighted average of the weighted- be submitted no later than one week [A–560–812] average dumping margins established after the issuance of the verification reports. Rebuttal briefs must be filed Notice of Preliminary Determination of for exporters and producers Sales at Less Than Fair Value: Certain individually investigated, excluding any within five days after the deadline for submission of case briefs. A list of Hot-Rolled Carbon Steel Flat Products zero and de minimis margins, and any From Indonesia margins based entirely upon the facts authorities used, a table of contents, and available. Therefore, we have an executive summary of issues should AGENCY: Import Administration, preliminarily assigned to all other accompany any briefs submitted to the International Trade Administration, exporters of Indian HRS, an ‘‘all others’’ Department. Executive summaries Department of Commerce. should be limited to five pages total, margin that is the weighted average of EFFECTIVE DATE: May 3, 2001. the margins calculated for Ispat and including footnotes. Further, we would FOR FURTHER INFORMATION CONTACT: Essar. appreciate it if parties submitting written comments would provide the Mark Manning or Nova Daly at (202) Suspension of Liquidation Department with an additional copy of 482–3936 and (202) 482–0989, In accordance with section 733(d) of the public version of any such respectively; AD/CVD Enforcement, the Act, we are directing the U.S. comments on diskette. Office 4, Group II, Import Customs Service (Customs Service) to Section 774 of the Act provides that Administration, Room 1870, suspend liquidation of all entries of the Department will hold a hearing to International Trade Administration, HRS from India that are entered, or afford interested parties an opportunity U.S. Department of Commerce, 14th withdrawn from warehouse, for to comment on arguments raised in case Street and Constitution Avenue, NW, consumption on or after the date of or rebuttal briefs, provided that such a Washington, DC 20230. publication of this notice in the Federal hearing is requested by any interested The Applicable Statute and Regulations Register. We will instruct the Customs party. If a request for a hearing is made Unless otherwise indicated, all Service to require a cash deposit or the in an investigation, the hearing will citations to the statute are references to posting of a bond equal to the weighted- tentatively be held two days after the the provisions effective January 1, 1995, average amount by which NV exceeds deadline for submission of the rebuttal the effective date of the amendments EP, as indicated in the chart below. We briefs, at the U.S. Department of made to the Tariff Act of 1930 (the Act) will adjust the deposit requirements to Commerce, 14th Street and Constitution by the Uruguay Round Agreements Act account for any export subsidies found Avenue, NW, Washington, DC 20230. In (URAA). In addition, unless otherwise in the companion countervailing duty the event that the Department receives indicated, all citations to Department of investigation. These suspension-of- requests for hearings from parties to Commerce (the Department) regulations liquidation instructions will remain in more than one HRS case, the refer to the regulations codified at 19 effect until further notice. The Department may schedule a single CFR part 351 (2000). weighted-average dumping margins are hearing to encompass all those cases. as follows: Parties should confirm by telephone the Preliminary Determination time, date, and place of the hearing 48 Margin hours before the scheduled time. We preliminarily determine that Manufacturer/exporter (percent) Interested parties who wish to request certain hot-rolled carbon steel flat a hearing, or to participate if one is products (HRS) from Indonesia are Ispat Industries Ltd ...... 39.36 requested, must submit a written being sold, or are likely to be sold, in Essar Steel Ltd ...... 34.55 request within 30 days of the the United States at less than fair value All Others ...... 34.75 publication of this notice. Requests (LTFV), as provided in section 733 of should specify the number of the Act. The estimated margins of sales Disclosure participants and provide a list of the at LTFV are shown in the Suspension of The Department will disclose issues to be discussed. Oral Liquidation section of this notice. calculations performed within five days presentations will be limited to issues Case History of the date of publication of this notice raised in the briefs. to the parties of the proceedings in these As noted above, the final This investigation was initiated on investigations in accordance with 19 determination will be issued within 135 December 4, 2000. See Notice of CFR 351.224(b). days after the date of the publication of Initiation of Antidumping Duty the preliminary determination. Investigations: Certain Hot-Rolled International Trade Commission This determination is issued and Carbon Steel Flat Products From Notification published pursuant to sections 733(f) Argentina, India, Indonesia, In accordance with section 733(f) of and 777(i)(1) of the Act. Effective Kazakhstan, the Netherlands, the the Act, we have notified the ITC of our January 20, 2001, Bernard T. Carreau is People’s Republic of China, Romania, sales at LTFV determination. If our final fulfilling the duties of Assistant South Africa, Taiwan, Thailand, and antidumping determination is Secretary for Import Administration. Ukraine, 65 FR 77568 (December 12,
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2000) (Initiation Notice).1 Since the characteristics or the hierarchy of those the deadline. In the letter, we again initiation of these investigations, the characteristics from those originally instructed Krakatau to follow the proper following events have occurred. proposed by the Department in its procedures for submitting requests to The Department set aside a period for December 22, 2000 letter. With respect the record. all interested parties to raise issues to Corus’ request, the additional product On February 23, 2001, the Department regarding product coverage. See characteristic suggested by Corus, to received a letter from Krakatau Initiation Notice at 77569. We received distinguish prime merchandise from requesting a further extension of time to no comments from any parties in this non-prime merchandise, is unnecessary. respond to sections B, C, and D of the investigation. The Department did, The Department already asks questionnaire. The Department however, receive comments regarding respondents to distinguish prime from subsequently sent a letter, dated product coverage in the investigation of non-prime merchandise in field number February 23, 2001, denying Krakatau’s HRS from the Netherlands. In that 2.2 ‘‘Prime vs. Secondary Merchandise.’’ request for a further extension due to investigation we received comments See the Department’s Antidumping the limited time available in this from Duracell Global Business Duty Questionnaire, at B–7 and C–7 investigation and the impending Management Group on December 11, (January 4, 2001). These fields are used preliminary determination. On February 2000; from Energizer Battery Co., Inc. on in the model match program to prevent 28, 2001, fifty-five days after issuing the December 15, 2000; from Bouffard Metal matches of prime merchandise to non- antidumping questionnaire, the Goods, Inc., and Truelove & Maclean, prime merchandise. Department received Krakatau’s Inc., on December 18, 2000; from Corus On January 4, 2001, the Department response to sections B, C, and D of the Staal BV and Corus Steel U.S.A., Inc., issued an antidumping questionnaire to questionnaire and non-functional sales (collectively referred to as ‘‘Corus’’) and Krakatau, the mandatory respondent in databases. Thomas Steel Strip Corporation on Indonesia.2 See January 3, 2001 On March 1, 2001, the Department December 26, 2000; and from Rayovac respondent selection memo. On January sent Krakatau a request for Corporation on March 12, 2001. 15, 2001, we received a faxed letter from supplemental information regarding On December 22, 2000, the Krakatau requesting an extension of section A of the Department’s Department issued a letter to interested time to respond to section A of the questionnaire. On March 2, 2001, the parties in all of the concurrent HRS Department’s questionnaire. On January Department received a letter from the antidumping investigations, providing 18, 2001, we received Krakatau’s petitioners notifying the Department an opportunity to comment on the official, mailed section A extension that Krakatau had failed to serve them Department’s proposed model matching request. On January 23, 2001, the a computer diskette containing the sales characteristics and hierarchy. Department granted Krakatau an and cost databases, which was due Comments were submitted by: extension of time to respond to section February 28, 2001. On March 5, 2001, petitioners (January 5, 2001); Corus, A of the questionnaire and notified the Department sent a letter to Krakatau respondent in the Netherlands Krakatau that submitting documents to notifying it that the sales databases it investigation (January 3, 2001); Iscor the record of this proceeding via fax is submitted to the Department on Limited, respondent in the South Africa not an acceptable method of submission February 28, 2001 were not functional investigation (January 3, 2001); and and that such documents would not be and provided instructions on the proper Zaporizhstal, respondent in the Ukraine accepted on an official basis. In the format for submitting computer data. In investigation (January 3, 2001). January 23, 2001 letter to Krakatau, we addition, this letter instructed Krakatau Petitioners agreed with the provided detailed information to send copies of the revised home and Department’s proposed characteristics concerning the appropriate manner of U.S. market sales databases to the and hierarchy of characteristics. Corus submitting information or requests to petitioners. Sixty-four days after issuing suggested adding a product the record, including a discussion of the the questionnaire, the Department characteristic to distinguish prime regulations guiding the official received, on March 9, 2001, the revised merchandise from non-prime submission of information. sales databases, in addition to the cost merchandise. Neither Iscor nor On February 5, 2001, we received reconciliation package and an Zaporizhstal proposed any changes to Krakatau’s response to section A of the unsolicited addendum to the February either the list of product characteristics Department’s questionnaire. Also on 28, 2001 section D response. However, proposed by the Department or the February 5, 2001, the Department Krakatau submitted only three copies of hierarchy of those product received a faxed letter from Krakatau the proprietary version of its response, characteristics but, rather, provided requesting an extension of time to rather than the six copies required by information relating to its own products respond to sections B, C, and D of the the Department’s regulations. In that was not relevant in the context of questionnaire. On February 8, 2001, the addition, Krakatau failed to submit a determining what information to Department sent a letter to Krakatau public version of these documents. include in the Department’s granting its request for an extension of On March 12, 2001, the Department questionnaires. For purposes of the received Krakatau’s response to the questionnaires subsequently issued by 2 Section A of the questionnaire requests general Department’s supplemental section A the Department to the respondents, no information concerning a company’s corporate questionnaire. On March 14, 2001, the structure and business practices, the merchandise Department sent Krakatau a changes were made to the product under investigation that it sells, and the manner in which it sells that merchandise in all of its markets. supplemental questionnaire regarding 1 The petitioners in these investigations are Section B requests a complete listing of all home section D of the Department’s Bethlehem Steel Corporation, Gallatin Steel market sales, or, if the home market is not viable, questionnaire. On March 15, 2001, the Company, IPSCO Steel Inc., LTV Steel Company, of sales in the most appropriate third-country Inc., National Steel Corporation, Nucor Corporation, market (this section is not applicable to respondents Department sent a letter to Krakatau Steel Dynamics, Inc., U.S. Steel Group (a unit of in non-market economy (NME) cases). Section C stating that its March 9, 2001 USX Corporation), Weirton Steel Corporation, the requests a complete listing of U.S. sales. Section D submission did not contain the correct Independent Steelworkers Union, and the United requests information on the cost of production number of proprietary and public Steelworkers of America (collectively the (COP) of the foreign like product and the petitioners). Weirton Steel Corporation is not a constructed value (CV) of the merchandise under copies. In that letter, we again provided petitioner in the investigation involving hot-rolled investigation. Section E requests information on Krakatau with the same detailed steel from the Netherlands. further manufacturing. information concerning the correct
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procedures for submitting information four faces or in a closed box pass, of a • Ball bearing steels, as defined in the as was originally provided on January width exceeding 150 mm, but not HTSUS. 23, 2001. On March 16, 2001, the exceeding 1250 mm, and of a thickness • Tool steels, as defined in the Department sent Krakatau a request for of not less than 4.0 mm, not in coils and HTSUS. supplemental information covering without patterns in relief) of a thickness • sections B and C of the questionnaire. not less than 4.0 mm is not included Silico-manganese (as defined in the The Department issued a second within the scope of this investigation. HTSUS) or silicon electrical steel with supplemental section D questionnaire Specifically included within the a silicon level exceeding 2.25 percent. on March 23, 2001. Shortly thereafter, scope of this investigation are vacuum • ASTM specifications A710 and on March 30, 2001, the Department degassed, fully stabilized (commonly A736. received Krakatau’s supplemental referred to as interstitial-free (IF)) steels, • USS abrasion-resistant steels (USS response to section D of the high strength low alloy (HSLA) steels, AR 400, USS AR 500). questionnaire. On April 2, 2001, the and the substrate for motor lamination • Department received Krakatau’s steels. IF steels are recognized as low All products (proprietary or supplemental response to sections B carbon steels with micro-alloying levels otherwise) based on an alloy ASTM and C of the Department’s of elements such as titanium or niobium specification (sample specifications: questionnaire. However, the software (also commonly referred to as ASTM A506, A507). program Krakatau used to compress the columbium), or both, added to stabilize • Non-rectangular shapes, not in size of its supplemental data and the carbon and nitrogen elements. HSLA coils, which are the result of having inconsistent use of different date steels are recognized as steels with been processed by cutting or stamping formats in the home market invoice date micro-alloying levels of elements such and which have assumed the character field, caused the Department a as chromium, copper, niobium, of articles or products classified outside significant delay in accessing the vanadium, and molybdenum. The chapter 72 of the HTSUS. supplemental data for our analysis. In substrate for motor lamination steels addition, one of the petitioners notified contains micro-alloying levels of The merchandise subject to these the Department that Krakatau failed to elements such as silicon and aluminum. investigations is classified in the serve it with a diskette containing the Steel products to be included in the HTSUS under the following tariff supplemental sales databases, which scope of this investigation, regardless of classification numbers: 7208.10.15.00, was due April 2, 2001. Since the date of definitions in the Harmonized Tariff 7208.10.30.00, 7208.10.60.00, the Department’s preliminary Schedule of the United States (HTSUS), 7208.25.30.00, 7208.25.60.00, determination was approximately three are products in which: (i) Iron 7208.26.00.30, 7208.26.00.60, weeks away, we provided this petitioner predominates, by weight, over each of 7208.27.00.30, 7208.27.00.60, with a copy of the supplemental data we the other contained elements; (ii) the 7208.36.00.30, 7208.36.00.60, received from Krakatau. See carbon content is 2 percent or less, by 7208.37.00.30, 7208.37.00.60, Memorandum to the File, dated April 2, weight; and (iii) none of the elements 7208.38.00.15, 7208.38.00.30, 2001. On April 16, 2001, the listed below exceeds the quantity, by 7208.38.00.90, 7208.39.00.15, Department issued Krakatau a second weight, respectively indicated: 7208.39.00.30, 7208.39.00.90, supplemental questionnaire covering 7208.40.60.30, 7208.40.60.60, sections B and C, with a due date of 1.80 percent of manganese, or 2.25 percent of silicon, or 7208.53.00.00, 7208.54.00.00, April 26, 2001. Since this due date is 1.00 percent of copper, or 7208.90.00.00, 7211.14.00.90, after the preliminary determination (i.e., 0.50 percent of aluminum, or 7211.19.15.00, 7211.19.20.00, April 23, 2001), the information 1.25 percent of chromium, or 7211.19.30.00, 7211.19.45.00, received in this response will be taken 0.30 percent of cobalt, or 7211.19.60.00, 7211.19.75.30, into account for the final determination. 0.40 percent of lead, or 7211.19.75.60, and 7211.19.75.90. Period of Investigation 1.25 percent of nickel, or Certain hot-rolled carbon steel flat 0.30 percent of tungsten, or The POI for this investigation is products covered by this investigation, 0.10 percent of molybdenum, or including vacuum degassed fully October 1, 1999 through September 30, 0.10 percent of niobium, or 2000. This period corresponds to the stabilized; high strength low alloy; and 0.15 percent of vanadium, or the substrate for motor lamination steel four most recent fiscal quarters prior to 0.15 percent of zirconium. the month of the filing of the petition may also enter under the following tariff All products that meet the physical (i.e., November 2000). classification numbers: 7225.11.00.00, and chemical description provided 7225.19.00.00, 7225.30.30.50, Scope of Investigation above are within the scope of this 7225.30.70.00, 7225.40.70.00, For purposes of this investigation, the investigation unless otherwise 7225.99.00.90, 7226.11.10.00, products covered are certain hot-rolled excluded. The following products, by 7226.11.90.30, 7226.11.90.60, carbon steel flat products of a way of example, are outside or 7226.19.10.00, 7226.19.90.00, rectangular shape, of a width of 0.5 inch specifically excluded from the scope of 7226.91.50.00, 7226.91.70.00, or greater, neither clad, plated, nor this investigation: 7226.91.80.00, and 7226.99.00.00. coated with metal and whether or not • Alloy hot-rolled steel products in Subject merchandise may also enter painted, varnished, or coated with which at least one of the chemical under 7210.70.30.00, 7210.90.90.00, plastics or other non-metallic elements exceeds those listed above 7211.14.00.30, 7212.40.10.00, substances, in coils (whether or not in (including, e.g., American Society for 7212.40.50.00, and 7212.50.00.00. successively superimposed layers), Testing and Materials (ASTM) Although the HTSUS tariff classification regardless of thickness, and in straight specifications A543, A387, A514, A517, numbers are provided for convenience lengths of a thickness of less than 4.75 A506). and U.S. Customs Service (Customs) mm and of a width measuring at least • Society of Automotive Engineers purposes, the written description of the 10 times the thickness. Universal mill (SAE)/American Iron & Steel Institute merchandise under investigation is plate (i.e., flat-rolled products rolled on (AISI) grades of series 2300 and higher. dispositive.
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Facts Available 2001 supplemental section D we are unable to calculate an accurate questionnaires. dumping margin. 1. Application of Facts Available We also note that at no time did Since these functions are essential Section 776(a)(2) of the Act provides Krakatau notify the Department, elements to a dumping analysis, we find that, if an interested party (A) withholds pursuant to section 782(c)(1) of the Act, that Krakatau’s responses cannot serve information requested by the that it was unable to submit the as a reliable basis for this preliminary Department, (B) fails to provide such information requested in the requested determination. Specifically, Krakatau information by the deadline, or in the form and manner, nor did it suggest failed to provide: (1) Accurate quality form or manner requested, subject to alternative forms in which it would be classifications for sales in the home and sections 782(c)(1) and (e) of the Act, (C) able to submit the requested U.S. market; (2) minimum specified significantly impedes a proceeding, or information. Throughout the course of yield strength classifications for sales in (D) provides information that cannot be this antidumping investigation, the the home and U.S. market; (3) a method verified, the Department shall use, Department gave Krakatau, a pro se for identifying sales of non-foreign like subject to sections 782(d) of the Act, company, assistance and opportunities product in its home market sales facts otherwise available in reaching the to comply with the Department’s database; and (4) an explanation and applicable determination. Pursuant to requests for information. Specifically, appropriate supporting documents for section 782(e) of the Act, the taking into consideration the fact that how it calculated brokerage and Department shall not decline to the respondent is a pro se company, the handling, short-term interests rates consider submitted information if all of Department provided Krakatau detailed (which are used in the calculation of the following requirements are met: (1) information and guidance on how to imputed credit expenses), advertising, The information is submitted by the properly calculate and report sales and technical service, indirect selling established deadline; (2) the information cost data and adjustments, granted expenses, inventory carrying costs, and can be verified; (3) the information is Krakatau extensions to reply to requests packing. See March 16, 2001 sales not so incomplete that it cannot serve as for information, and provided an supplemental questionnaire and April 2, a reliable basis for reaching the opportunity to explain and correct the 2001 sales supplemental response. See applicable determination; (4) the deficiencies in its responses. However, also Memorandum from Holly A. Kuga interested party has demonstrated that it at no point in the investigation did to Bernard T. Carreau, Certain Hot- acted to the best of its ability; and (5) Krakatau notify the Department that it Rolled Carbon Steel Flat Products from the information can be used without had any difficulties in submitting the Indonesia: Preliminary Determination of undue difficulties. information in the form and manner Sales at Less Than Fair Value: The Use In selecting from among the facts requested, seek guidance on alternative of Facts Available for PT Krakatau Steel otherwise available, section 776(b) of reporting requirements, or propose an and Corroboration of Secondary the Act authorizes the Department to alternate form for submitting the Information, dated April 23, 2001 use an adverse inference, if the required data, as contemplated in (Krakatau Facts Available Department finds that an interested section 782(c)(1) of the Act. Despite the Memorandum). party failed to cooperate by not acting efforts at assistance on the part of the Regarding Krakatau’s cost response, to the best of its ability to comply with Department, Krakatau failed to provide our analysis found deficiencies in the the request for information. See, e.g., information reliable enough that it can initial and supplemental responses that Certain Welded Carbon Steel Pipes and serve as a basis for reaching the prohibit us from accurately determining Tubes From Thailand: Final Results of applicable determination. Krakatau’s COP for each of the control Antidumping Duty Administrative Pursuant to section 782(e)(3) of the numbers (CONNUMs) reported in its Review, 62 FR 53808, 53819–20 Act, the sales information Krakatau home and U.S. sales databases. The (October 16, 1997). Finally, section provided in its initial and supplemental primary problem is that Krakatau 776(b) of the Act states that an adverse responses was deficient such that the calculated a company-wide average inference may include reliance on Department cannot consider it as a cost, and then to obtain individual information derived from the petition. reliable basis for reaching the applicable product costs, applied this average cost See also Statement of Administrative determination. Our analysis of to the cumulative yield for each Action (SAA) accompanying the URAA, Krakatau’s sales response found individual production process each H.R. Rep. No. 103–316 at 870 (1994). deficiencies that prohibit us from product (by CONNUM) passed through, For the reasons discussed below, the conducting an accurate model match, rather than calculating product-specific Department determines that, in which prevents us from ensuring that costs. Without product-specific costs, accordance with sections 776(a)(2)(B) products sold in the U.S. market are the Department is unable to accurately and 776(b) of the Act, the use of adverse accurately matched to identical or most determine whether home markets sales facts available is appropriate for the similar products sold in the home were sold at prices above, or below, the preliminary determination for Krakatau. market. Without properly matching COP. Without a proper cost test, the The evidence on the record establishes products sold in the U.S. and home Department is unable to calculate the that the use of total facts available for markets, we cannot accurately identify proper NV in price-to-price 3 Krakatau is warranted because Krakatau similar matches and, as appropriate, comparisons. In addition, the absence failed to provide complete sales and calculate an accurate difference in of product-specific costs prevents us cost questionnaire responses within the merchandise (DIFMER) adjustment to from calculating a valid DIFMER meaning of section 776(a)(2)(B) of the account for the differences in the (assuming that the correct sales were Act. In its initial and supplemental products being matched. In addition, we selected for comparison). Lastly, we responses, Krakatau failed to provide found that Krakatau’s deficiencies in note that Krakatau failed to provide a the information in the manner requested reporting multiple home and U.S. COP for certain of its reported home in the Department’s January 4, 2001 market sales adjustments prevent us 3 Without a proper cost test, it is impossible to antidumping questionnaire, the March from calculating fully adjusted home determine whether 20 percent or more of the home 16, 2001 sections B and C supplemental and U.S. market prices. Without fully market sales are below cost and hence, would be questionnaire, and the March 14 and 23, adjusted home and U.S. market prices, excluded from the calculation of NV.
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market CONNUMs and failed to provide center to the average cost of hot rolling. provide information to the Department a CV for certain of its reported U.S. As discussed above, the failure to which could not be obtained elsewhere, market CONNUMs. For home market provide product-specific costs makes it demonstrate a consistent pattern of sales without a COP, we cannot perform impossible to (1) conduct the sales unresponsiveness and a failure to the cost test to determine whether these below cost test, (2) calculate the 20% cooperate to the best of its ability with sales were sold above their COP. For comparability test used in the DIFMER the Department’s requests for U.S. sales without a reported CV, we adjustment, and (3) calculate CV. information. Despite the Department’s have no means of determining NV if Moreover, we find that the cumulative directions in the questionnaires and the there are no home market sales matches. effect of these errors is to erode our letters granting extensions, Krakatau did Because of Krakatau’s failure to confidence in Krakatau’s response as a not provide the information requested provide product-specific costs that whole. Therefore, pursuant to section by the Department, made no effort to account for the physical characteristics 782(e)(3) of the Act, the Department explain any difficulties it was having in of unique products, we find that finds that the information on the record, supplying the information, and did not Krakatau’s cost responses cannot serve as discussed above, is so incomplete propose an alternate form of submitting as a reliable basis for this preliminary that it cannot serve as a reliable basis for the information. For these reasons, we determination. Specifically, Krakatau reaching the applicable determination. find that Krakatau did not act to the best failed to provide: (1) Costs that account We also find that the application of an of its ability in responding to the for differences in quality, carbon, adverse inference in this case is Department’s requests for information, strength, thickness, width, pickling, appropriate. Krakatau failed to act to the see, e.g., Circular Stainless Steel Hollow edge trim, and pattern; (2) costs that best of its ability to comply with the Products, and that, consequently, an account for differences in the chemistry Department’s requests for information adverse inference is warranted under or alloy content of specific grades of when it failed to provide: (1) Accurate section 776(b) of the Act. See Krakatau steel; (3) costs that account for quality and yield strength Facts Available Memorandum. differences in individual production characteristics (which prevents the Pursuant to section 776(b) of the Act, processes; (4) the financial statements of Department from conducting an the Department is basing Krakatau’s its affiliates or of its parent corporation; accurate model match), (2) a method for margin on adverse facts available for (5) an explanation or supporting identifying sales of non-foreign like purposes of the preliminary documents for the adjustments it made product in its home market sales determination. Section 776(b) of the Act to the calculation of the scrap credit and database, (3) an explanation and authorizes the Department to use as direct material cost for ‘‘Sponge Iron appropriate supporting documents for adverse facts available information Consumption;’’ (6) an explanation of how it calculated certain sales expense derived from the petition, the final why it did not incorporate the daily adjustments, and (4) product-specific determination from the LTFV time utilization reports in its cost costs. Despite the Department’s investigation, a previous administrative methodology; (7) a COP for multiple directions in the original and review, or any other information placed CONNUMs contained in the home supplemental questionnaires, and the on the record. As adverse facts market sales database; and (8) a CV for extensions granted, Krakatau made no available, we are applying the margin multiple CONNUMs contained in the effort to provide any explanation or for Indonesia published in the U.S. market sales database. As a result, propose an alternate form of submitting Department’s notice of initiation, which the information on the record is the data. See Krakatau Facts Available is 59.25 percent. See Notice of Initiation insufficient for purposes of calculating a Memorandum. of Antidumping Duty Investigations: dumping margin. See March 14 and Furthermore, the information cannot Certain Hot-Rolled Carbon Steel Flat March 23, 2001 cost supplemental be obtained elsewhere. Without this Products From Argentina, India, questionnaires. See also Krakatau Facts critical information, the Department Indonesia, Kazakhstan, the Netherlands, Available Memorandum. cannot accurately determine the the People’s Republic of China, Of the many deficiencies in dumping margin for Krakatau. In Romania, South Africa, Taiwan, Krakatau’s cost response, the most addition, as outlined in the Case History Thailand, and Ukraine, 65 FR 77568 problematic deficiency is that Krakatau section above, the company’s failure to (December 12, 2000)) (HRS Initiation calculated one company-wide average properly submit information and data to Notice). cost and then, to obtain individual the record of this proceeding delayed product costs, applied this average cost the Department in making critical 2. Selection and Corroboration of Facts to the cumulative yield for the decisions involving the calculation of Available individual path each product (by Krakatau’s dumping margin. The Section 776(b) of the Act states that an CONNUM) passed through. The company was put on notice by adverse inference may include reliance cumulative yield of subsequent cost Department’s extension letters and other on information derived from the centers through which a product passes correspondence that failure to properly petition. See also SAA at 829–831. will account for the losses that occur at submit information and data to the Section 776(c) of the Act provides that, those cost centers. However, this Department constituted a deficiency when the Department relies on methodology does not account for which could result in the use of facts secondary information (such as the processing differences within each cost available. See the Department’s letters to petition) in using the facts otherwise center. For example, within the hot Krakatau dated January 23, February 8, available, it must, to the extent rolling mill, products with different March 5, and March 15, 2001. practicable, corroborate that information thicknesses are not differentiated in Krakatau’s submission of information from independent sources that are terms of cost based on their rolling is so incomplete that it cannot serve as reasonably at its disposal. times. In another example, the costs a reliable basis for reaching the The SAA clarifies that ‘‘corroborate’’ associated with the pickling process are applicable determination. Its failure to means that the Department will satisfy not assigned to products based on comply with the Department’s itself that the secondary information to whether or not the product was pickled, procedures for submitting information be used has probative value (see SAA at but rather only by applying the yield and data to the record of this 870). The SAA also states that loss associated with the pickling cost proceeding, and its repeated failure to independent sources used to corroborate
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such evidence may include, for Suspension of Liquidation in an investigation, the hearing will example, published price lists, official In accordance with section 733(d) of tentatively be held two days after the import statistics and customs data, and the Act, we are directing Customs to deadline for submission of the rebuttal information obtained from interested suspend liquidation of all entries of briefs, at the U.S. Department of parties during the particular HRS from Indonesia that are entered, or Commerce, 14th Street and Constitution investigation (see SAA at 870). withdrawn from warehouse, for Avenue, NW, Washington, DC 20230. In In order to determine the probative consumption on or after the date of the event that the Department receives value of the margin in the petition for publication of this notice in the Federal requests for hearings from parties to use as adverse facts available for Register. We will instruct Customs to more than one HRS case, the purposes of this determination, we require a cash deposit or the posting of Department may schedule a single examined evidence supporting the a bond equal to the amount by which hearing to encompass all cases. Parties calculations in the petition. In the NV exceeds the EP, as indicated in should confirm by telephone the time, accordance with section 776(c) of the the chart below. These suspension-of- date, and place of the hearing 48 hours Act, to the extent practicable, we liquidation instructions will remain in before the scheduled time. examined the key elements of the export effect until further notice. The dumping Interested parties who wish to request price (EP) and normal value (NV) margins are as follows: a hearing, or to participate if one is calculations on which the margin in the requested, must submit a written petition was based. Our review of the EP Margin request within 30 days of the and NV calculations indicated that the Manufacturer/exporter (percent) publication of this notice. Requests information in the petition has should specify the number of probative value, as certain information PT Krakatau Steel ...... 59.25 participants and provide a list of the included in the margin calculations in All Others ...... 59.25 issues to be discussed. Oral the petition is from public sources presentations will be limited to issues concurrent with the relevant POI. For Disclosure raised in the briefs. purposes of the preliminary The Department will disclose If this investigation proceeds determination, we attempted to further calculations performed within five days normally, we will make our final corroborate the information in the of the date of publication of this notice determination in this investigation no petition. We re-examined the EP and NV to the parties of the proceedings in these later than 75 days after the date of this data which formed the basis for the investigations in accordance with 19 preliminary determination. margin in the petition in light of CFR 351.224(b). This determination is published information obtained during the pursuant to sections 733(f) and 777(i)(1) investigation and, to the extent ITC Notification of the Act. Effective January 20, 2001, practicable, found that it has probative In accordance with section 733(f) of Bernard T. Carreau is fulfilling the value. the Act, we have notified the ITC of our duties of the Assistant Secretary for Accordingly, in selecting adverse facts sales at LTFV determination. If our final Import Administration. available with respect to Krakatau, the antidumping determination is Dated: April 23, 2001. Department determined to apply a affirmative, the ITC will determine Bernard T. Carreau, margin rate of 59.25 percent, the margin whether the imports covered by that published in the Department’s notice of determination are materially injuring, or Deputy Assistant Secretary for Import Administration. initiation. threaten material injury to, the U.S. industry. The deadline for that ITC [FR Doc. 01–10849 Filed 5–2–01; 8:45 am] All Others Rate determination would be the later of 120 BILLING CODE 3510–DS–U Section 735(c)(5)(B) of the Act days after the date of this preliminary provides that, where the estimated determination or 45 days after the date DEPARTMENT OF COMMERCE weighted-average dumping margins of our final determination. established for all exporters and International Trade Administration producers individually investigated are Public Comment zero or de minimis margins, or are Case briefs must be submitted no later [A–834–806] determined entirely under section 776 than 35 days after the publication of this of the Act, the Department may use any notice in the Federal Register. Rebuttal Notice of Preliminary Determination of reasonable method to establish the briefs must be filed within five business Sales at Less Than Fair Value: Certain estimated ‘‘all others’’ rate for exporters days after the deadline for submission of Hot-Rolled Carbon Steel Flat Products and producers not individually case briefs. A list of authorities used, a From Kazakhstan investigated. This provision table of contents, and an executive AGENCY: Import Administration, contemplates that we weight-average summary of issues should accompany International Trade Administration, margins other than facts available any briefs submitted to the Department. Department of Commerce. margins to establish the ‘‘all others’’ Executive summaries should be limited ACTION: Notice of preliminary rate. Where the data do not permit to five pages total, including footnotes. determination in the less than fair value weight-averaging such rates, the SAA, at Public versions of all comments and investigation of certain hot-rolled 873, provides that we may use other rebuttals should be provided to the carbon steel flat products from reasonable methods. Because the Department and made available on Kazakhstan. petition contained only an estimated diskette. price-to-CV dumping margin, which the Section 774 of the Act provides that SUMMARY: On December 12, 2000, the Department adjusted for purposes of the Department will hold a hearing to Department of Commerce published a initiation, there are no additional afford interested parties an opportunity notice of initiation of an antidumping estimated margins available with which to comment on arguments raised in case duty investigation of certain hot-rolled to create the ‘‘all others’’ rate. Therefore, or rebuttal briefs, provided that such a carbon steel flat products from we applied the published margin of hearing is requested by any interested Kazakhstan. This investigation covers 59.25 percent as the ‘‘all others’’ rate. party. If a request for a hearing is made one producer of the subject
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merchandise. The period of Netherlands. In that investigation we a reasonable indication that an industry investigation is April 1, 2000 through received comments from Duracell in the United States was materially September 30, 2000. The Department Global Business Management Group on injured by reason of imports of the preliminarily determines that certain December 11, 2000, from Energizer on subject merchandise from Kazakhstan, hot-rolled carbon steel flat products December 15, 2000, from Bouffard Metal which was published on January 4, from Kazakhstan are being, or are likely Goods, Inc., and Truelove & Maclean, 2001. See Hot-Rolled Steel Products to be, sold in the United States at less Inc., on December 18, 2000, from Corus from Argentina, China, India, Indonesia, than fair value, as provided in section Staal BV and Corus Steel U.S.A., Inc. Kazakhstan, Netherlands, Romania, 733 of the Tariff Act of 1930, as (collectively ‘‘Corus’’), and Thomas South Africa, Taiwan, Thailand, and amended. Steel Strip on December 26, 2000, and Ukraine, 66 FR 805 (January 4, 2001) from Rayovac Corporation on March 12, (‘‘ITC Preliminary Determination’’). EFFECTIVE DATE: May 3, 2001. 2001. On January 4, 2001, the Department FOR FURTHER INFORMATION CONTACT: On December 22, 2000, the issued its antidumping duty Juanita H. Chen at 202–482–0409, or Department issued a letter to interested questionnaire to the Embassy of Rick Johnson at 202–482–3818, Import parties in all of the concurrent hot- Kazakhstan and to the only known Administration, International Trade rolled steel investigations, providing an producer of subject merchandise, OJSC Administration, U.S. Department of opportunity to comment on the Ispat Karmet (‘‘Ispat Karmet’’). The Commerce, 1401 Constitution Avenue, Department’s proposed model matching Department received confirmation from NW., Washington, DC 20230. characteristics and hierarchy. the U.S. Embassy in Kazakhstan that Applicable Statute and Regulations Comments were submitted by: Ispat Karmet is the sole company in Bethlehem Steel Corporation, Gallatin Kazakhstan that produces or exports Unless otherwise indicated, all Steel Company, IPSCO Steel Inc., LTV hot-rolled carbon steel to the United citations to the Tariff Act of 1930, as Steel Company, Inc., National Steel States. On January 23, 2001, the amended (‘‘Act’’), are references to the Corporation, Nucor Corporation, Steel Department requested comments from provisions effective January 1, 1995, the Dynamics, Inc., U.S. Steel Group (a unit interested parties regarding surrogate effective date of the amendments made of USX Corporation), Weirton Steel country selection, and information to to the Act by the Uruguay Round Corporation, and the Independent value factors of production. On Agreements Act (‘‘URAA’’). In addition, Steelworkers Union (hereinafter February 6, 2001, we received the unless otherwise indicated, all citations collectively referred to as ‘‘petitioners’’); petitioners’ comments for surrogate to the Department’s regulations are to Corus, respondents in the Netherlands country selection. The Embassy of the regulations codified at 19 CFR part investigation; Iscor Limited (‘‘Iscor’’), Kazakhstan and Ispat Karmet submitted 351 (2000). respondent in the South Africa no comments on surrogate country Preliminary Determination investigation; and Zaporizhstal, selection. On March 23 and April 6, respondent in the Ukraine investigation. 2001, we received comments from the The Department of Commerce The petitioners agreed with the petitioners regarding valuing factors of (‘‘Department’’) preliminarily Department’s proposed characteristics production. On April 18, 2001, we determines that certain hot-rolled and hierarchy. Corus suggested adding a received comments from Ispat Karmet in carbon steel flat products (‘‘hot-rolled product characteristic to distinguish opposition to some of the petitioners’ steel’’) from Kazakhstan are being, or are prime merchandise from non-prime suggested values for factors of likely to be, sold in the United States at merchandise. Neither Iscor nor production. less than fair value (‘‘LTFV’’), as Zaporizhstal proposed any changes to On February 1, 2001, we received provided in section 733 of the Act. The either the list of product characteristics Ispat Karmet’s Section A response to the estimated margins of sales at LTFV are or the hierarchy but, rather, provided Department’s questionnaire (‘‘Section A shown in the ‘‘Suspension of information relating to its own products response’’). On February 14, March 12, Liquidation’’ section of this notice, that was not relevant in the context of and April 4, 2001, we issued Section A infra. determining what information to supplemental questions, Sections C and Case History include in the Department’s D supplemental questions, and Sections questionnaires. For purposes of the A, C and D second supplemental On December 4, 2000, the Department questionnaires subsequently issued by questions to Ispat Karmet, respectively. initiated an antidumping duty the Department to the respondents, no We received Ispat Karmet’s Sections C investigation of hot-rolled steel from changes were made to the product and D response (‘‘Section C/D Kazakhstan. See Notice of Initiation of characteristics or hierarchy from those response’’) on February 26, 2001, its Antidumping Duty Investigations: originally proposed by the Department Section A supplemental response Certain Hot-Rolled Carbon Steel Flat in its December 22, 2000 letter. With (‘‘Supp. A response’’) on March 7, 2001, Products from Argentina, India, respect to Corus’ request, the additional its Sections C and D supplemental Indonesia, Kazakhstan, the Netherlands, product characteristic suggested by response (‘‘Supp. C/D response’’) on the People’s Republic of China, Corus, to distinguish prime April 2, 2001, and its Sections A, C and Romania, South Africa, Taiwan, merchandise from non-prime D second supplemental response (‘‘2d Thailand, and Ukraine, 65 FR 77568 merchandise, is unnecessary. The Supp. response’’) on April 13, 2001. (December 12, 2000) (‘‘Notice of Department already asks respondents to On March 16, 2001, certain Initiation’’). The Department set aside a distinguish prime from non-prime petitioners (Bethlehem Steel period for all interested parties to raise merchandise in field number 2.2 ‘‘Prime Corporation, LTV Steel Company, Inc., issues regarding product coverage. See vs. Secondary Merchandise.’’ See the National Steel Corporation, and U.S. Notice of Initiation, at 77569. We Department’s Antidumping Duty Steel Group) (hereinafter collectively received no comments from any parties Questionnaire, at C–5 (January 4, 2001). ‘‘Bethlehem, et al. ’’) requested that the in this investigation. The Department On December 29, 2000, the United Department initiate a middleman did, however, receive comments States International Trade Commission dumping investigation. On March 30, regarding product coverage in the (‘‘ITC’’) issued its affirmative 2001, Ispat Karmet submitted comments investigation of hot-rolled steel from the preliminary determination that there is on the middleman dumping request,
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arguing that the allegation is legally not less than 4.0 mm is not included • Silico-manganese (as defined in the defective because Bethlehem et al. have within the scope of these investigations. HTSUS) or silicon electrical steel with not provided specific evidence that a Specifically included within the a silicon level exceeding 2.25 percent. trading company is dumping. On April scope of this investigation are vacuum • ASTM specifications A710 and A736. 6, 2001, Bethlehem, et al. submitted a degassed, fully stabilized (commonly • USS abrasion-resistant steels (USS AR letter further asserting that they have referred to as interstitial-free (‘‘IF’’)) 400, USS AR 500). demonstrated that a middleman steels, high strength low alloy (‘‘HSLA’’) • All products (proprietary or dumping investigation is warranted, and steels, and the substrate for motor otherwise) based on an alloy ASTM that Ispat Karmet’s opposition is lamination steels. IF steels are specification (sample specifications: baseless. On April 10, 2001, Ispat recognized as low carbon steels with ASTM A506, A507). Karmet submitted a letter pointing out micro-alloying levels of elements such • Non-rectangular shapes, not in coils, alleged flaws in the middleman as titanium or niobium (also commonly which are the result of having been dumping allegation. Because of the referred to as columbium), or both, processed by cutting or stamping and complexity of the issue, the Department added to stabilize carbon and nitrogen which have assumed the character of has not yet determined the proper elements. HSLA steels are recognized as articles or products classified outside course of action on the middleman steels with micro-alloying levels of chapter 72 of the HTSUS. dumping allegation. Accordingly, we elements such as chromium, copper, The merchandise subject to this will address the middleman dumping niobium, vanadium, and molybdenum. investigation is classified in the HTSUS issue in the final determination. The substrate for motor lamination at subheadings: 7208.10.15.00, On March 21, 2001, Ispat Karmet steels contains micro-alloying levels of 7208.10.30.00, 7208.10.60.00, requested that the Department elements such as silicon and aluminum. 7208.25.30.00, 7208.25.60.00, determine that the hot-rolled steel Steel products to be included in the 7208.26.00.30, 7208.26.00.60, industry in Kazakhstan is a market- scope of this investigation, regardless of 7208.27.00.30, 7208.27.00.60, oriented industry (‘‘MOI’’), and definitions in the Harmonized Tariff 7208.36.00.30, 7208.36.00.60, submitted basic information on the hot- Schedule of the United States 7208.37.00.30, 7208.37.00.60, rolled steel industry in Kazakhstan. On (‘‘HTSUS’’), are products in which: (i) 7208.38.00.15, 7208.38.00.30, March 27, 2001, the petitioners Iron predominates, by weight, over each 7208.38.00.90, 7208.39.00.15, submitted comments on Ispat Karmet’s of the other contained elements; (ii) the 7208.39.00.30, 7208.39.00.90, MOI request, arguing that Ispat Karmet carbon content is 2 percent or less, by 7208.40.60.30, 7208.40.60.60, failed to meet the conditions necessary weight; and (iii) none of the elements 7208.53.00.00, 7208.54.00.00, for establishing MOI status. On March listed below exceeds the quantity, by 7208.90.00.00, 7211.14.00.90, 30, 2001, the Department issued a weight, respectively indicated: 7211.19.15.00, 7211.19.20.00, supplemental questionnaire to Ispat 1.80 percent of manganese, or 7211.19.30.00, 7211.19.45.00, Karmet, requesting further information 2.25 percent of silicon, or 7211.19.60.00, 7211.19.75.30, on the hot-rolled steel industry in 1.00 percent of copper, or 7211.19.75.60, and 7211.19.75.90. Kazakhstan. That additional information 0.50 percent of aluminum, or Certain hot-rolled carbon steel flat is due to be filed on April 30, 2001. 1.25 percent of chromium, or products covered by this investigation, Consequently, we do not yet have 0.30 percent of cobalt, or including: vacuum degassed fully adequate information necessary to 0.40 percent of lead, or stabilized; high strength low alloy; and analyze the issue for the preliminary 1.25 percent of nickel, or the substrate for motor lamination steel determination. As a result, we are 0.30 percent of tungsten, or may also enter under the following tariff unable to make a determination on Ispat 0.10 percent of molybdenum, or numbers: 7225.11.00.00, 7225.19.00.00, Karmet’s MOI request for this 0.10 percent of niobium, or 7225.30.30.50, 7225.30.70.00, preliminary determination. We will 0.15 percent of vanadium, or 7225.40.70.00, 7225.99.00.90, address the MOI issue in the final 0.15 percent of zirconium. 7226.11.10.00, 7226.11.90.30, determination. 7226.11.90.60, 7226.19.10.00, All products that meet the physical 7226.19.90.00, 7226.91.50.00, Scope of Investigation and chemical description provided 7226.91.70.00, 7226.91.80.00, and above are within the scope of this For purposes of this investigation, the 7226.99.00.00. Subject merchandise investigation unless otherwise products covered are certain hot-rolled may also enter under 7210.70.30.00, excluded. The following products, by carbon steel flat products of a 7210.90.90.00, 7211.14.00.30, way of example, are outside or rectangular shape, of a width of 0.5 inch 7212.40.10.00, 7212.40.50.00, and specifically excluded from the scope of or greater, neither clad, plated, nor 7212.50.00.00. Although the HTSUS this investigation: coated with metal and whether or not subheadings are provided for • painted, varnished, or coated with Alloy hot-rolled steel products in convenience and U.S. Customs plastics or other non-metallic which at least one of the chemical purposes, the written description of the substances, in coils (whether or not in elements exceeds those listed above merchandise under investigation is successively superimposed layers), (including, e.g., American Society for dispositive. regardless of thickness, and in straight Testing and Materials (‘‘ASTM’’) lengths of a thickness of less than 4.75 specifications A543, A387, A514, Period of Investigation mm and of a width measuring at least A517, A506). The period of investigation (‘‘POI’’) is 10 times the thickness. Universal mill • Society of Automotive Engineers April 1, 2000 through September 30, plate (i.e., flat-rolled products rolled on (‘‘SAE’’)/American Iron & Steel 2000. four faces or in a closed box pass, of a Institute (‘‘AISI’’) grades of series width exceeding 150 mm, but not 2300 and higher. Nonmarket Economy Country exceeding 1250 mm, and of a thickness • Ball bearing steels, as defined in the The Department has treated of not less than 4.0 mm, not in coils and HTSUS. Kazakhstan as a non-market economy without patterns in relief) of a thickness • Tool steels, as defined in the HTSUS. (‘‘NME’’) country in all past
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antidumping investigations and Department assigns a single NME rate limit.’’ Id. at A–9 and A–10. Ispat administrative reviews. See, e.g., unless a producer can demonstrate Karmet stated that after initially Titanium Sponge From the Republic of eligibility for a separate rate. Ispat negotiating the annual contract, ‘‘Ispat Kazakhstan, 64 FR 66169 (November 24, Karmet has preliminarily qualified for a Karmet and the trader subsequently 1999) (final admin. review); Ferrosilicon separate rate. Furthermore, the negotiate an addendum for subsequent From Kazakhstan and Ukraine, 58 FR information on the record indicates that shipments of merchandise, generally 13050 (March 9, 1993) (final Ispat Karmet accounted for all imports covering the quantity to be shipped over determination); and Uranium From of subject merchandise during the POI. a one-or two-month period and Kazakhstan, Kyrgyzstan, Russia, Since Ispat Karmet, the only known establishing the specific terms of those Tajikistan, Ukraine and Uzbekistan, 57 Kazakhstan producer, responded to the shipments, such as quantity, technical FR 23380 (June 3, 1992) (prelim. Department’s questionnaire, and we specifications, delivery, and packing.’’ determination). A designation as a NME have no evidence of any other See Supp. C/D response, at 2. However, country remains in effect until it is Kazakhstan producers of subject Ispat Karmet maintained that the revoked by the Department. See section merchandise during the POI, we have ‘‘addendum is the preparatory 771(18)(C)(i) of the Act. No party has calculated a Kazakhstan-wide rate for document for a sale, while the invoice requested a revocation of Kazakhstan’s this investigation based on the reflects the actual shipment of the NME status. Therefore, for this weighted-average margin determined for merchandise and the completion of the preliminary determination, the Ispat Karmet. This Kazakhstan-wide rate sale.’’ Id. Department is continuing to treat applies to all entries of subject From Ispat Karmet’s own response, it Kazakhstan as a NME country. merchandise except for entries of appears that the material terms of the When the Department is investigating subject merchandise exported by Ispat sale are established with the addendum. imports from a NME country, normal Karmet. The information on the record indicates value (‘‘NV’’) is based on the NME a lack of any changes in the material Date of Sale producer’s factors of production, valued terms of sale between addendum and in a comparable market economy that is In reporting its U.S. sales, Ispat invoice, aside from ‘‘variations within a a significant producer of comparable Karmet stated that it ‘‘understands that permissible tolerance range.’’ Id. at 3. merchandise, pursuant to section the Department’s current practice is to There appear to be no changes in price 773(c)(1) and (4) of the Act. The sources rely on the invoice date as the date of or in quantity, outside of the of individual factor values are discussed sale.’’ See Section C response, at 8. Ispat contractually agreed upon tolerances, in the ‘‘Normal Value’’ section of this Karmet initially stated that the ‘‘date of after the addendum is finalized. This notice, infra. invoice is the date on which all serves to confirm that the parties agree essential terms of sale are finalized, i.e., to the material terms of sale at the Separate Rates quantity, unit price, and product mix, addendum stage. Therefore, for this In a NME proceeding, the Department and is the date on which Ispat Karmet preliminary determination, the presumes that all companies within the transfers title to the customer.’’ See Department is using the date of the country are subject to governmental Section A response, at A–9. Yet in addendum as the date of sale, as it better control. Thus, it is the Department’s elaborating on its sales process, Ispat reflects the date on which the material policy to assign all producers of subject Karmet stated that it ‘‘negotiates each terms of the sale were established. We merchandise in a NME country a single sale individually and concludes the sale intend to fully examine this issue at rate, unless a producer can demonstrate by signing an addendum to an annual verification and will incorporate our that it is sufficiently independent so as sales agreement with an international findings, as appropriate, in our final to be entitled to a separate rate. trader. The addendum establishes the determination. Ispat Karmet is wholly foreign-owned. basic terms for individual transactions, Ispat Karmet reported that 100 percent but Ispat Karmet does not transfer title Fair Value Comparisons of its shares are held by Ispat Karmet to the purchaser until the date shown on To determine whether sales of hot- Holdings BV, which is located in the the invoice. Ispat Karmet, therefore, rolled steel products from Kazakhstan Netherlands. Further, there is no reports the invoice date as the date of were made in the United States at LTFV, Kazakhstan ownership of Ispat Karmet. sale * * * ’’See Section C response, at we compared EP to a normal value Thus, because we have no evidence 8. (‘‘NV’’), as described in the ‘‘Export indicating that it is under the control of As stated in 19 CFR 351.401(i), the Price’’ and ‘‘Normal Value’’ sections of the Republic of Kazakhstan, a separate Department will normally use the date this notice, infra. of invoice as the date of sale. However, rates analysis is not necessary to Export Price determine whether it is independent as also stated in that regulatory from government control. See Brake provision, the Department may use a We used EP methodology for this Rotors from the People’s Republic of date other than the date of invoice if the preliminary determination, in China, 66 FR 1303, 1306 (January 8, Department is satisfied that a different accordance with section 772(a) of the 2001) (prelim. results); Creatine date better reflects the date on which Act. Section 772(a) of the Act defines EP Monohydrate from the People’s the exporter or producer establishes the as the ‘‘the price at which the subject Republic of China, 64 FR 71104, 71105 material terms of sale. merchandise is first sold (or agreed to be (December 20, 1999) (final determ.). In response to the Department’s sold) before the date of importation by Accordingly, we preliminarily have questionnaire regarding the types of the producer or exporter of the subject determined a separate rate for Ispat changes after the initial agreement, Ispat merchandise outside of the United Karmet. Karmet explained that ‘‘(o)n occasion, States to an unaffiliated purchaser in the the delivery date may be extended United States or to an unaffiliated Kazakhstan-Wide Rate beyond the date specified in the original purchaser for exportation to the United As discussed, supra, in a NME addendum. However, we do not States * * *’’ Constructed export price proceeding, the Department presumes normally experience any changes once (‘‘CEP’’) methodology, in accordance that all companies within the country an addendum is finalized, other than with section 772(b) of the Act, was not are subject to governmental control. The changes in quantity within the tolerance otherwise warranted based on the facts
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on the record. All sales activities, Determination Analysis for OJSC Ispat wide array of publicly available including negotiations, paperwork Karmet (April 23, 2001) (‘‘Prelim. information for Egypt. Therefore, we processing and receipt of payment, Analysis Memo’’). have relied, where possible, on Egyptian appear to be conducted in Kazakhstan. information in calculating NV by using Normal Value See Section A response, at A–9 and A– Egyptian prices to value Ispat Karmet’s 10; Supp. A response, at 5–6. Ispat Section 773(c)(1) of the Act provides factors of production, when available Karmet did report that when it ‘‘receives that the Department shall determine the and where appropriate. We have a complaint from a customer, a member NV using a factors-of-production obtained and relied upon public of Ispat Karmet’s technical staff may methodology if: (1) The merchandise is information wherever possible. See travel to the customer’s location to exported from a NME country; and (2) Factor Valuation Memo. Where no inspect the product.’’ See Section C/D the information does not permit the Egyptian values were available, we used response, at 4. However, this appears to calculation of NV using home-market information from the Philippines, occur after importation to the United prices, third-country prices, or another country chosen by the States. Ispat Karmet identified Ispat constructed value under section 773(a) Department’s Office of Policy as North America, Inc. as providing of the Act. comparable to Kazakhstan in terms of ‘‘general marketing services in the Factors of production include: (1) overall economic development. Id. United States to all steel plants in the Hours of labor required; (2) quantities of In accordance with section Ispat group, including Ispat Karmet.’’ raw materials employed; (3) amounts of 351.301(c)(3)(i) of the Department’s See Section A response, at A–8. energy and other utilities consumed; regulations, for the final determination However, Ispat Karmet reported that and (4) representative capital costs, in an antidumping investigation, ‘‘(n) either Ispat North America nor any including depreciation. We calculated interested parties may submit publicly other related party had any role in U.S. NV based on factors of production available information to value factors of sales during the period of reported by Ispat Karmet. See Factor production within 40 days after the date investigation.’’ See Section C/D Valuation Memo; see also Prelim. of publication of the preliminary response, at 7. Ispat Karmet also stated Analysis Memo. We valued all the input determination. factors using publicly available that all of its ‘‘sales to the U.S. market B. Factor Valuations during the POI were concluded directly information as discussed in the with its trading company customers.’’ ‘‘Surrogate Country’’ and ‘‘Factor In accordance with section 773(c) of See Section C response, at 7. Valuations’’ sections of this notice, the Act, we calculated NV based on None of the customers to whom Ispat infra. factors of production reported by Ispat Karmet for the POI. See Factor Karmet sold subject merchandise to A. Surrogate Country during the POI were listed as affiliated Valuation Memo. To calculate NV, we companies. See Supp. A response, at When the Department investigates multiplied the reported per-unit factor Exhibit 3. Furthermore, Ispat Karmet imports from a NME, section 773(c) of quantities by publicly available indicated that it knew that its reported the Act provides for the Department, in surrogate values from Egypt or, where sales of subject merchandise were most circumstances, to base NV on the necessary, the Philippines. destined for the United States at the NME producers’ factors of production, In selecting surrogate values, we time of sale because in negotiating with valued in a surrogate market economy considered the specificity, quality and an international trader, Ispat Karmet country or countries considered contemporaneity of the data. We seeks ‘‘details of the end-customer and appropriate by the Department. In adjusted import prices by including the the intended end application. Because accordance with section 773(c)(4), the cost of freight so that the import prices of this, Ispat Karmet’s sales have clearly Department, in valuing factors of were delivered prices. For those values identified destinations.’’ See Section A production, shall utilize, to the extent not contemporaneous with the POI, we response, at A–9. Accordingly, pursuant possible, the prices or costs of factors of adjusted the values to account for to section 772(a) of the Act, because production in one or more market inflation using producer price indices, subject merchandise was sold to an economy countries that are at a level of as appropriate, published in the unaffiliated purchaser by Ispat Karmet economic development comparable to International Monetary Fund, outside of the United States, with the the NME country and are significant International Financial Statistics (March knowledge that the final destination of producers of comparable merchandise. 2001) (‘‘IMF’’). subject merchandise was the United The sources of individual factor values We valued raw material inputs, States, we have determined these sales are discussed, infra. energy inputs, by-products and packing to be EP transactions for purposes of The Department’s Office of Policy has materials using values from the this preliminary determination. determined that Algeria, Ecuador, appropriate HTSUS category, and from In accordance with section Egypt, Morocco, and the Philippines are the World Bank website. See Factor 777A(d)(1)(A)(i) of the Act, we countries comparable to Kazakhstan in Valuation Memo, at 4–8. Pursuant to compared POI-wide weighted-average terms of overall economic development. section 351.408(c)(1) of our regulations, EPs to the NVs based on factors of See Memorandum to the File, from where it was possible to discern from production. See Memorandum to Juanita H. Chen, Case Analyst: Selection the record that a factor was purchased Edward C. Yang from Juanita H. Chen: of Surrogate Country (March 26, 2001) from a market economy supplier and Factor Valuation Memorandum (April (‘‘Surrogate Country Memo’’), at paid for in a market economy currency, 13, 2001) (‘‘Factor Valuation Memo’’). Attachment I (policy memorandum from we used the price paid to the market We calculated EP based on the Free Jeffrey May, dated January 12, 2001). economy supplier. See Factor Valuation Carrier At (‘‘FCA’’) rail prices charged to According to the available information Memo, at 7; see also Lasko Metal unaffiliated customers. See Section C on the record, we have determined that Products v. United States, 43 F.3d 1442, response, at 10. We also made Egypt is an appropriate surrogate 1445–46 (Fed. Cir. 1994). To value adjustments from the starting price to country because it is at a comparable labor, we used regression-based wage account for foreign inland freight. See level of economic development and is a rates, in accordance with section Memorandum to the File, from Juanita significant producer of comparable 351.408(c)(3) of the Department’s H. Chen, Case Analyst: Preliminary merchandise. Furthermore, there is a regulations. See Factor Valuation Memo,
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at 8. We based the value of freight by accordance with section 351.224(b) of 351.310(c) of the Department’s rail on public information used in the the Department’s regulations. regulations. August 31, 1999 analysis memorandum If this investigation proceeds International Trade Commission for the preliminary results of the 1997– normally, we will make our final Notification 1998 administrative review of titanium determination no later than 75 days sponge from Kazakhstan. Id.; see also In accordance with section 733(f) of after the date of this preliminary Titanium Sponge From the Republic of the Act, we have notified the ITC of our determination (i.e. July 9, 2001). Kazakhstan, 64 FR 48793, 48795 affirmative determination of sales at This determination is issued and (September 8, 1999) (prelim. results). To LTFV. As our final determination is published in accordance with sections value overhead, selling, general and affirmative, the ITC will determine, 733(f) and 777(i)(1) of the Act. Effective administrative expenses, and profit, we before the later of 120 days after the date January 20, 2001, Bernard T. Carreau is used public information reported in the of this preliminary determination or 45 fulfilling the duties of the Assistant 1998 financial statements of Alexandria days after our final determination, Secretary for Import Administration. National Iron & Steel Co. (‘‘ANS Steel’’), whether imports of hot-rolled steel from Dated: April 23, 2001. an Egyptian producer of hot-rolled steel. Kazakhstan are materially injuring, or Bernard T. Carreau, See Factor Valuation Memo, at 8–9. threaten material injury to, the U.S. Deputy Assistant Secretary, Import While we could not determine a industry. Administration. complete value for overhead using ANS Public Comment [FR Doc. 01–10850 Filed 5–2–01; 8:45 am] Steel’s financial statements, we could determine a value for depreciation, a Case briefs or other written comments BILLING CODE 3510–DS–P part of overhead, and have used this may be submitted to the Assistant value for overhead. Secretary for Import Administration no DEPARTMENT OF COMMERCE For each of the surrogate values later than 50 days after the date of selected for use in the Department’s publication of this notice, and rebuttal International Trade Administration briefs, limited to issues raised in the calculations, we adjusted the values for [A–791–809] inflation using appropriate price index case briefs, may be submitted no later inflators when those values were not than five days after the time limit for Notice of Preliminary Determination of from a period concurrent with the POI. filing the case brief, pursuant to section Sales at Less Than Fair Value: Certain See Factor Valuation Memo, at 2. 351.309(c) and (d) of the Department’s Hot-Rolled Carbon Steel Flat Products regulations. A list of authorities used, a from South Africa Verification table of contents, and an executive As provided in section 782(i)(1) of the summary of issues should accompany AGENCY: Import Administration, Act, we will verify all appropriate any briefs submitted to the Department. International Trade Administration, information relied upon in making our Executive summaries should be limited Department of Commerce. final determination. to five pages total, including footnotes. EFFECTIVE DATE: May 3, 2001. In accordance with section 774 of the FOR FURTHER INFORMATION CONTACT: Suspension of Liquidation Act, we will hold a public hearing, if Doug Campau or Maureen Flannery at In accordance with section 733(d) of requested, to afford interested parties an (202) 482–1395 or (202) 482–3020, the Act, we are directing the U.S. opportunity to comment on arguments respectively; Office of Antidumping/ Customs Service (‘‘Customs’’) to raised in the case or rebuttal briefs. Countervailing Duty Enforcement VII, suspend liquidation of all imports of Tentatively, any hearing will be held 57 Import Administration, International subject merchandise entered, or days after publication of this notice at Trade Administration, U.S. Department withdrawn from warehouse, for the U.S. Department of Commerce, 1401 of Commerce, 14th Street and consumption on or after the date of Constitution Avenue, NW., Washington, Constitution Avenue, NW, Washington, publication of this notice in the Federal DC 20230, at a time and location to be DC 20230. determined. Parties should confirm by Register. We will instruct Customs to The Applicable Statute and Regulations require a cash deposit or the posting of telephone the date, time, and location of a bond equal to the weighted-average the hearing two days before the Unless otherwise indicated, all amount by which the NV exceeds the scheduled date. citations to the statute are references to EP, as indicated below. These Interested parties who wish to request the provisions effective January 1, 1995, suspension of liquidation instructions a hearing, or to participate if one is the effective date of the amendments will remain in effect until further notice. requested, must submit a written made to the Tariff Act of 1930 (the Act) The weighted-average dumping margins request to the Assistant Secretary for by the Uruguay Round Agreements Act are as follows: Import Administration, U.S. Department (URAA). In addition, unless otherwise of Commerce, Room 1870, within 30 indicated, all citations to the Weighted- days of the date of publication of this Department of Commerce (Department) Exporter/Manufacturer average notice, pursuant to section 351.310(c) of regulations are to the regulations at 19 margin the Department’s regulations. Requests CFR part 351 (April 2000). percent should contain: (1) The party’s name, Preliminary Determination OJSC Ispat Karmet ...... 239.57 address, and telephone number; (2) the Kazakhstan-Wide ...... 239.57 number of participants; and (3) a list of We preliminarily determine that the issues to be discussed. At the certain hot-rolled carbon steel flat Disclosure hearing, each party may make an products (HR products) from South affirmative presentation only on issues Africa are being, or are likely to be, sold The Department will disclose raised in that party’s case brief, and may in the United States at less than fair calculations performed, within five days make rebuttal presentations only on value (LTFV), as provided in section of the date of publication of this notice, arguments included in that party’s 733 of the Act. The estimated margin of to the parties in this investigation, in rebuttal brief, pursuant to section sales at LTFV is shown in the
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‘‘Suspension of Liquidation’’ section of Department’s proposed characteristics and Vanadium Corporation Limited this notice. and hierarchy of characteristics. Corus (Highveld), Saldanha Steel Limited suggested adding a product (Saldanha), and Iscor. On January 25, Case History characteristic to distinguish prime 2001, Saldanha and Iscor submitted On December 4, 2000, the Department merchandise from non-prime letters to the Department indicating that initiated antidumping investigations of merchandise. Neither Iscor nor they would not be responding to the HR products from Argentina, India, Zaporozhstal proposed any changes to Department’s questionnaires. On Indonesia, Kazakhstan, the Netherlands, either the list of product characteristics January 26, 2001—one day after the due the People’s Republic of China, proposed by the Department or the date of January 25, 2001—the Romania, South Africa, Taiwan, hierarchy of those product Department received Highveld’s Thailand, and Ukraine. See Initiation of characteristics, but provided response to Section A of its Antidumping Duty Investigations: information relating to their own antidumping duty questionnaire. Certain Hot-Rolled Carbon Steel Flat products that was not relevant in the Highveld’s section A response was not Products from Argentina, India, context of determining what appropriately filed with the Indonesia, Kazakhstan, the Netherlands, information to include in the Department’s Central Records Unit, did the People’s Republic of China, Department’s questionnaires. For not include relevant case information in Romania, South Africa, Taiwan, purposes of the questionnaires the upper right-hand corner of the first Thailand, and Ukraine, 65 FR 77568 subsequently issued by the Department page as prescribed by section (December 12, 2000) (Initiation Notice). to the respondents, no changes were 351.303(d)(2) of the Department’s The petitioners in this investigation are made to the product characteristics or regulations, and did not contain a Bethlehem Steel Corporation, Gallatin the hierarchy of those characteristics request for proprietary treatment of Steel Company, IPSCO Steel Inc., LTV from those originally proposed by the business proprietary information, Steel Company, Inc., National Steel Department in its December 22, 2000 though certain information was Corporation, Nucor Corporation, Steel letter. With respect to Corus’ request, bracketed. Furthermore, no public Dynamics, Inc., U.S. Steel Group (a unit the additional product characteristic version was submitted, and neither of USX Corporation), Weirton Steel suggested by Corus, to distinguish prime version was served on the petitioners. Corporation, and the Independent merchandise from non-prime On February 2, 2001, the Department Steelworkers Union (petitioners). Since merchandise, is unnecessary. The sent a letter to Highveld addressing the initiation of this investigation the Department already asks respondents to these deficiencies, asking Highveld to following events have occurred. distinguish prime from non-prime re-file its section A response—revised to The Department set aside a period for merchandise in field number 2.2, comply with the Department’s all interested parties to raise issues ‘‘Prime vs. Secondary Merchandise.’’ requirements—by no later than February regarding product coverage (see See the Department’s Antidumping 6, 2001, and warning Highveld that its Initiation Notice at 77568). We received Duty Questionnaire, at B–7 and C–7 failure to comply could result in no comments from any parties in this (January 4, 2001). rejection of its section A response. This investigation. The Department did, On December 28, 2000, the United letter was accompanied by a copy of the however, receive comments regarding States International Trade Commission Department’s regulations for the product coverage in the investigation of (ITC) notified the Department of its submission of documents to the record. HR products from the Netherlands. In affirmative preliminary injury Also on February 2, 2001, at Highveld’s that investigation, we received determination on imports of subject request, the Department approved an comments regarding product coverage merchandise from Argentina, India, extension of the deadline for submitting as follows: from Duracell Global Indonesia, Kazakhstan, the Netherlands, the section B, C, and D questionnaire Business Management Group on the People’s Republic of China, responses to February 26, 2001. December 11, 2000; from Energizer on Romania, South Africa, Taiwan, On February 6, 2001—twelve days December 15, 2000; from Bouffard Metal Thailand, and Ukraine. On January 4, after the original due date of January 25, Goods Inc. and Truelove & MacLean, 2001, the ITC published its preliminary 2001—the Department received the Inc. on December 18, 2000; from the determination that there is a reasonable public version of Highveld’s response to Corus Group plc., which includes Corus indication that an industry in the Section A of its antidumping duty Steel USA (CSUSA) and Corus Staal BV United States is materially injured by questionnaire, along with the revised (Corus Staal), and Thomas Steel Strip on reason of imports of the merchandise proprietary version. There was December 26, 2000; and from Rayovac under investigation from these substantial improper use of bracketing Corporation on March 12, 2001. in both the proprietary and public On December 22, 2000, the countries. See ITC Preliminary Notice of Determination for Hot-Rolled Steel versions of this response (e.g., single Department issued a letter to interested brackets around public information, parties in all of the concurrent HR Products from Argentina, China, India, Indonesia, Kazakhstan, Netherlands, double brackets used inappropriately products antidumping investigations, numerous times, triple brackets used providing an opportunity to comment Romania, South Africa, Taiwan, Thailand, and Ukraine, 66 FR 805, 802 numerous times, and bracketed on the Department’s proposed model information not summarized or ranged matching characteristics and hierarchy. (January 4, 2001). On January 4, 2001, the Department in the public version). On February 9, Comments were submitted by issued sections A–E of its antidumping 2001, the Department held a petitioners (January 5, 2001); Corus, duty questionnaire1 to Highveld Steel teleconference with Highveld to address respondent in the Netherlands investigation (January 3, 2001); Iscor 1 Section A of the questionnaire requests general market (this section is not applicable to respondents Limited (Iscor), respondent in the South information concerning a company’s corporate in non-market economy (NME) cases). Section C Africa investigation (January 3, 2001); structure and business practices, the merchandise requests a complete listing of U.S. sales. Section D and Zaporozhstal Iron & Steel Works under investigation that it sells, and the manner in requests information on the cost of production which it sells that merchandise in all of its markets. (COP) of the foreign like product and the (Zaporozhstal), respondent in the Section B requests a complete listing of all home constructed value (CV) of the merchandise under Ukraine investigation (January 3, 2001). market sales, or, if the home market is not viable, investigation. Section E requests information on Petitioners agreed with the of sales in the most appropriate third-country further manufacturing.
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these issues, and asked Highveld to re- (INLFWCU), U.S. inland insurance extension of the deadline for submitting file the entire narrative portion of its (USINSURU), other U.S. transportation the supplemental questionnaire submissions—revised to comply with expense (USOTHTRU), U.S. customs response for sections B and C to March the Department’s requirements—along duty (USDUTYU), commissions 29, 2001. Also on March 26, 2001, the with any revised exhibits (see (COMMU), indirect selling expenses Department received Highveld’s Memorandum to the File, ‘‘Telephone incurred in country of manufacture response to the Department’s section A Conference with Highveld Official,’’ (INDIRSU), inventory carrying costs supplemental questionnaire, issued on dated Feburary 12, 2001). In this incurred in the United States March 8, 2001. Again, Highveld failed to teleconference, the Department again (INVCARU), and U.S. repacking cost timely serve either proprietary or public warned Highveld that its failure to (REPACKU). In the narrative responses versions of its response on the comply could result in the rejection of for each of the twelve missing sales petitioners. The public version of this its submissions. On February 12, 2001, expenses, Highveld simply stated that submission was withheld from the the Department sent Highveld a letter the subject data had to be supplied by record as a consequence of the following reiterating what was discussed in the an affiliated U.S. reseller. Highveld also APO deficiencies: (1) it contained February 9, 2001 teleconference. On failed to provide unique product costs bracketed information that had not been February 16, 2001, the Department that account for cost differences related blacked out; (2) bracketed information faxed to Highveld a copy of those to the physical characteristics defined was not summarized or ranged; and (3) portions of its regulations addressing by the Department. In the narrative relevant case information was not the procedures for proper bracketing, response related to CONNUM-specific included in the upper right-hand corner filing and treatment of proprietary costs, Highveld merely stated that it of the first page as prescribed by section information subject to administrative does not account for costs in this 351.303(d)(2) of the Department’s protective order (APO). Also on manner. regulations. On March 29, 2001, the February 16, 2001, at Highveld’s On February 27, 2001, the Department Department issued a second request, the Department approved an sent a letter to Highveld, via electronic supplemental questionnaire for sections extension of the deadline for submitting mail, asking Highveld to confirm that it B and C. On March 30, 2001, the the second revised version of the section has served the sections B, C, and D Department sent a letter to Highveld A questionnaire response to February submissions on all parties to the addressing the deficiencies of 21, 2001. proceeding. Highveld responded, via Highveld’s supplemental section A On February 23, 2001—two days after electronic mail, that because the questionnaire response submitted on the due date of February 21, 2001—the shipment to the petitioners was so large, March 26, 2001, asking Highveld to re- Department received the second revised it would take extra time to arrive via file its supplemental section A versions of Highveld’s public and express mail. The Department response—revised to comply with the proprietary responses to the Section A subsequently learned—through its own Department’s requirements—by no later antidumping duty questionnaire. The inquiries with the involved express mail than April 3, 2001. This letter also second revised public version still did company—that the sections B, C, and D warned Highveld that if it failed to not contain a request for proprietary submissions were shipped late. provide accurately the information On March 8, 2001, the Department treatment of business proprietary requested within the time provided, the issued a supplemental questionnaire for information as required by the Department might be required to base its Highveld’s Section A response. On Department’s APO regulations. findings on the facts available, and that On February 26, 2001, the Department March 12, 2001, petitioners submitted if Highveld failed to cooperate with the received the narrative portions of comments on Highveld’s sections B, C, Department by not acting to the best of Highveld’s responses for sections B, C, and D responses. On March 15, 2001, and D. Highveld again failed to serve the the Department issued a supplemental its ability to comply with a request for petitioners with copies of its submission questionnaire for Highveld’s sections B, information, the Department could use to the Department. Highveld also failed C, and D responses, along with several information adverse to Highveld’s to properly submit any of the required additional questions for Highveld’s interest in conducting its analysis. home market sales, U.S. sales, or cost of section A response. In this Also on March 30, 2001—one day production data to either the questionnaire, we asked Highveld to after the due date of March 29, 2001— Department or to the petitioners. report data for the twelve expenses the Department received the narrative Highveld submitted a floppy diskette missing from the majority of its U.S. portions of Highveld’s response to the containing no files of any kind, and then sales observations. We also repeated our section B and C portions of the sent its sales and cost data sets—to the instruction to Highveld to report supplemental questionnaire issued on Department only—via electronic mail CONNUM-specific cost information that March 15, 2001. Highveld again failed to (see Memorandum to the File, accounts for cost differences for each of submit the required home market or ‘‘Compilation of Electronic Mail the physical characteristics defined by U.S. sales data to either the Department Correspondence with Highveld the Department. These instructions or the petitioners. On April 2, 2001— Officials,’’ dated April 23, 2001). In directed Highveld to rely not only on its three days after the due date of March analyzing these data sets, the existing financial and cost accounting 30, 2001—the Department received the Department discovered that Highveld records, but on any other information narrative portions of Highveld’s failed to report any data for twelve which would allow it to calculate a response to the section D portion of the different types of expenses for the reasonable allocation of its costs. On supplemental questionnaire issued on majority of its U.S. sales. The fields for March 16, 2001—eighteen days after the March 15, 2001 (Supplemental D which this data was not reported were original due date of February 26, 2001— response). Highveld again failed to international freight (INTNFRU), marine the Department finally received a submit the required cost of production insurance (MARNINU), U.S. inland properly submitted copy of Highveld’s data to either the Department or the freight from port to warehouse required home market sales, U.S. sales, petitioners. Furthermore, in its narrative (INLFPWU), U.S. warehousing expense and COP data. response, Highveld indicated that its (USWAREHU), U.S. inland freight from On March 26, 2001, at Highveld’s cost of production data set would not warehouse to unaffiliated customer request, the Department approved an include the unique product costs
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requested in the Department’s March 15, On April 10, 2001, we sent a second predominates, by weight, over each of 2001 supplemental questionnaire. The supplemental questionnaire to Highveld the other contained elements; (ii) the only explanation offered by Highveld asking it to resubmit its cost data in carbon content is 2 percent or less, by was that it does not account for cost in accordance with the Department’s weight; and (iii) none of the elements this manner. Highveld failed to offer any instructions by April 24, 2001. On April listed below exceeds the quantity, by explanation as to why it did not 17, 2001, we sent Highveld a letter weight, respectively indicated: calculate appropriate cost differences requiring that it submit, by April 27, 1.80 percent of manganese, or for the physical characteristics defined 2001, certain information that was 2.25 percent of silicon, or by the Department as instructed in the missing from its sections B & C 1.00 percent of copper, or Department’s supplemental response. 0.50 percent of aluminum, or questionnaire. 1.25 percent of chromium, or On April 2, 2001, the Department Period of Investigation 0.30 percent of cobalt, or contacted Highveld’s staff person by The Period of Investigation (POI) is October 1, 1999 through September 30, 0.40 percent of lead, or telephone to inquire as to the location 1.25 percent of nickel, or 2000. This period corresponds to the of the revised data sets which should 0.30 percent of tungsten, or four most recent fiscal quarters prior to have accompanied Highveld’s narrative 0.10 percent of molybdenum, or the month of the filing of the petition responses to the supplemental 0.10 percent of niobium, or (i.e., November 2000), and is in questionnaire for sections B, C, and D. 0.15 percent of vanadium, or accordance with our regulations. See Highveld’s staff person indicated that 0.15 percent of zirconium. the revised data sets would be section 351.204(b)(1) of the submitted with its response to the Department’s regulations. All products that meet the physical and chemical description provided above Department’s second supplemental Scope of Investigation questionnaire for sections B and C are within the scope of this issued on March 29, 2001 (see For purposes of this investigation, the investigation unless otherwise Memorandum to the File, ‘‘Telephone products covered are certain hot-rolled excluded. The following products, by Conference with Highveld Official,’’ carbon steel flat products of a way of example, are outside or dated April 3, 2001). rectangular shape, of a width of 0.5 inch specifically excluded from the scope of On April 6—three days after the due or greater, neither clad, plated, nor this investigation: coated with metal and whether or not date of April 3, 2001—the Department • Alloy hot-rolled steel products in painted, varnished, or coated with received the revised portions of which at least one of the chemical plastics or other non-metallic Highveld’s response to the section A elements exceeds those listed above supplemental questionnaire issued on substances, in coils (whether or not in successively superimposed layers), (including, e.g., ASTM specifications March 8, 2001. Also on April 6, the A543, A387, A514, A517, A506). Department received Highveld’s revised regardless of thickness, and in straight • lengths, of a thickness of less than 4.75 Society of Automotive Engineers data sets which should have (SAE)/American Iron and Steel Institute accompanied Highveld’s narrative mm and of a width measuring at least 10 times the thickness. Universal mill (AISI) grades of series 2300 and higher. responses to the supplemental • Ball bearings steels, as defined in questionnaire for sections B, C, and D, plate (i.e., flat-rolled products rolled on four faces or in a closed box pass, of a the HTS. originally due on March 29 (sections B • Tool steels, as defined in the HTS. and C) and 30 (section D), 2001. Both width exceeding 150 mm, but not • exceeding 1250 mm, and of a thickness Silico-manganese (as defined in the the sales and cost of production data HTS) or silicon electrical steel with a sets contained major deficiencies which of not less than 4.0 mm, not in coils and without patterns in relief) of a thickness silicon level exceeding 2.25 percent. the Department—in its March 29, 2001 • ASTM specifications A710 and supplemental questionnaire—had not less than 4.0 mm is not included within the scope of this investigation. A736. specifically asked Highveld to remedy. • USS Abrasion-resistant steels (USS Specifically included within the scope Specifically, Highveld again failed to AR 400, USS AR 500). of this investigation are vacuum report data for the twelve expenses • All products (proprietary or degassed, fully stabilized (commonly missing from the majority of its U.S. otherwise) based on an alloy ASTM referred to as interstitial-free (IF)) steels, sales observations, and failed to assign specification (sample specifications: high strength low alloy (HSLA) steels, a control number for each unique ASTM A506, A507). and the substrate for motor lamination product in the sales data sets, as • Non-rectangular shapes, not in requested in the Department’s March 15, steels. IF steels are recognized as low coils, which are the result of having 2001 supplemental questionnaire. carbon steels with micro-alloying levels been processed by cutting or stamping Furthermore, Highveld’s COP data set of elements such as titanium or niobium and which have assumed the character did not include the unique product (also commonly referred to as of articles or products classified outside costs requested in the Department’s columbium), or both, added to stabilize chapter 72 of the HTS. March 15, 2001 supplemental carbon and nitrogen elements. HSLA questionnaire. Finally, on April 6—one steels are recognized as steels with The merchandise subject to this day after the due date of April 5, 2001— micro-alloying levels of elements such investigation is classified in the HTS at the Department received Highveld’s as chromium, copper, niobium, subheadings: 7208.10.15.00, response to the Department’s second vanadium, and molybdenum. The 7208.10.30.00, 7208.10.60.00, supplemental questionnaire for sections substrate for motor lamination steels 7208.25.30.00, 7208.25.60.00, B and C issued on March 29, 2001. In contains micro-alloying levels of 7208.26.00.30, 7208.26.00.60, this response, Highveld indicated that elements such as silicon and aluminum. 7208.27.00.30, 7208.27.00.60, the data for the twelve expenses missing Steel products to be included in the 7208.36.00.30, 7208.36.00.60, from the majority of its U.S. sales had scope of these investigations, regardless 7208.37.00.30, 7208.37.00.60, to be supplied by an affiliated U.S. of definitions in the Harmonized Tariff 7208.38.00.15, 7208.38.00.30, reseller, and that they would be made Schedule of the United States (HTS), are 7208.38.00.90, 7208.39.00.15, available during verification. products in which: (i) Iron 7208.39.00.30, 7208.39.00.90,
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7208.40.60.30, 7208.40.60.60, (USDUTYU), commissions (COMMU), subject merchandise and base NV on 7208.53.00.00, 7208.54.00.00, indirect selling expenses incurred in CV. Furthermore, in accordance with 7208.90.00.00, 7211.14.00.90, country of manufacture (INDIRSU), section 773(a)(6)(C)(ii) of the Act, when 7211.19.15.00, 7211.19.20.00, inventory carrying costs incurred in the comparing United States sales with 7211.19.30.00, 7211.19.45.00, United States (INVCARU), and U.S. home market sales, we may determine 7211.19.60.00, 7211.19.75.30, repacking cost (REPACKU), for the that the merchandise sold in the United 7211.19.75.60, and 7211.19.75.90. majority of its U.S. sales. These States does not have the same physical Certain hot-rolled flat-rolled carbon expenses are essential to the characteristics as the merchandise sold steel flat products covered by this Department’s calculation of U.S. price. in the home market and that those investigation, including: vacuum Depending on the type, these expenses differences have an effect on prices. In degassed fully stabilized; high strength are used to adjust the reported starting such instances, we are required to make low alloy; and the substrate for motor sale price for each observation in the reasonable allowances for these lamination steel may also enter under U.S. sales data set. Without data for differences (‘‘DIFMER’’) in calculating the following tariff numbers: these expenses, it is impossible for the NV. Without the ability to make the 7225.11.00.00, 7225.19.00.00, Department to calculate U.S. prices from appropriate DIFMER adjustment, it is 7225.30.30.50, 7225.30.70.00, starting sales prices. We issued impossible for us to appropriately 7225.40.70.00, 7225.99.00.90, Highveld a supplemental questionnaire calculate NV. Thus, without product- 7226.11.10.00, 7226.11.90.30, requesting that it correct these specific COP information, and 7226.11.90.60, 7226.19.10.00, deficiencies, but it failed to do so. information necessary for calculating a 7226.19.90.00, 7226.91.50.00, Highveld responded that it did not have DIFMER adjustment, we are unable to 7226.91.70.00, 7226.91.80.00, and this information, that such information determine the appropriate basis for NV 7226.99.00.00. Subject merchandise must be supplied by an affiliated or to calculate NV. As noted in the Case may also enter under 7210.70.30.00, reseller in the United States, and that History section above, we issued 7210.90.90.00, 7211.14.00.30, the information would be provided at Highveld a supplemental questionnaire 7212.40.10.00, 7212.40.50.00, and verification. Highveld offered no reason on March 15, 2001, requesting that it 7212.50.00.00. Although the HTS as to why the data was not being correct these deficiencies, but it failed to subheadings are provided for provided within the deadlines provided do so. Instead, Highveld stated simply convenience and U.S. Customs by the Department, nor did it offer or that it does not account for cost in this purposes, the written description of the suggest any alternative format for manner. Highveld’s failure to provide merchandise under investigation is providing the needed information. the requested data renders its cost dispositive. Furthermore, Highveld failed to report response unusable for this preliminary the sales price from its U.S. affiliate to determination. Facts Available (FA) the first unaffilited customer for these As also noted in detail in the Case Highveld sales. As this data is missing from the History section above, Highveld failed, within the meaning of section Section 776(a)(2) of the Act provides majority of Highveld’s reported U.S. sales, it is impossible for the 776(a)(2)(B) of the Act, to provide that ‘‘if an interested party or any other requested information prior to several person: (A) withholds information that Department to calculate U.S. prices for the majority of Highveld’s U.S. sales. deadlines for the submission of such has been requested by the administering information, or in the form and manner Highveld’s failure to provide the authority; (B) fails to provide such requested. Highveld’s questionnaire requested sales data thus renders its information by the deadlines for the responses were often fraught with APO U.S. sales response unusable for this submission of the information or in the formatting deficiencies, including preliminary determination. form and manner requested, subject to improper bracketing of proprietary subsections (c)(1) and (e) of section 782; Highveld also failed, in its original information, improper labeling of (C) significantly impedes a proceeding and supplemental section D responses, documents containing proprietary under this title; or (D) provides such to provide unique product costs that information, and missing language information but the information cannot account for cost differences related to concerning the release of proprietary be verified as provided in section 782(i), the physical characteristics defined by information under APO. Furthermore, the administering authority and the the Department. Highveld instead the majority of Highveld’s questionnaire Commission shall, subject to section reported its costs by steel grade, responses were submitted after the 782(d), use the facts otherwise available differentiating those costs only by grade. applicable deadlines. In such cases, the in reaching the applicable That methodology does not provide Department received Highveld’s determination under this title.’’ product-specific COP information, nor submissions anywhere from one to In this case, Highveld failed, within does it provide the Department with eighteen days late. Notably, Highveld’s the meaning of section 776(a)(2)(B) of information to calculate a difference in sales and cost data sets—which are the Act, to provide requested merchandise (DIFMER) adjustment to absolutely crucial for the Department’s information in the form and manner account for differences in physical analysis—were submitted eighteen days requested. Notably, Highveld failed, in characteristics beyond product grade late for the initial sections B, C, & D its original section C response, to report when comparing sales of similar response, eight days late for the any data for international freight merchandise. Without product-specific supplemental sections B & C response, (INTNFRU), marine insurance COPs, we are unable to determine and seven days late for the (MARNINU), U.S. inland freight from whether sales of the subject supplemental section D response. These port to warehouse (INLFPWU), U.S. merchandise were made at less than responses and accompanying data were warehousing expense (USWAREHU), COP as directed by section 773(b)(1) of similarly served late on the petitioners. U.S. inland freight from warehouse to the Act. As a result, we have no way of Where the Department determines unaffiliated customer (INLFWCU), U.S. knowing whether to disregard certain that a response to a request for inland insurance (USINSURU), other sales from the calculation of normal information does not comply with the U.S. transportation expense value (NV) for falling below COP or request, section 782(d) of the Act (USOTHTRU), U.S. customs duty whether to disregard all sales of the provides that the Department will so
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inform the party submitting the responses in a timely manner, so that Steel Sheet and Strip from Mexico, 64 response and will, to the extent such comments might be given FR 30790, 30803 (June 8, 1999). It is also practicable, provide that party the appropriate consideration in the Highveld’s responsibility to notify the opportunity to remedy or explain the Department’s analyses. Moreover, as Department, in writing, within fourteen deficiency. If the party fails to remedy discussed above, Highveld has also days if it expects to have difficulties in the deficiency within the applicable failed to remedy the major substantive submitting such information in time limits, the Department may, subject deficiencies in its U.S. sales and COP accordance with section 782(c)(1) of the to section 782(e), disregard all or part of data sets, leaving the data sets so Act, and to suggest alternative forms in the original and subsequent responses, incomplete that they cannot be used to which it could submit the information. as appropriate. Section 782(e) provides calculate a preliminary margin for Highveld made no such notification, nor that the Department ‘‘shall not decline Highveld. Consequently, we are suggested any alternative reporting to consider information that is disregarding Highveld’s sales and COP methodologies. submitted by an interested party and is data in our analysis. We have also determined that necessary to the determination but does In light of Highveld’s failure to Highveld has not acted to the best of its not meet all the applicable requirements provide requested information ability in responding to the established by the administering necessary to calculate dumping margins Department’s request for product- authority’’ if the information is timely, in this case, in accordance with section specific cost information that takes into can be verified, and is not so incomplete 776(a) of the Act, we are forced to resort account physical differences between that it cannot be used, and if the to total facts available for this the products. As noted in the Case interested party acted to the best of its preliminary determination. History section above, in our ability in providing the information. According to section 776(b) of the supplemental questionnaire, dated Where all of these conditions are met, Act, if the Department finds that an March 15, 2001, we repeated our the statute requires the Department to interested party ‘‘has failed to cooperate instruction to Highveld to report use the information, if it can do so by not acting to the best of its ability to product-specific cost information that without undue difficulty. comply with a request for information,’’ accounts for cost differences for each of the Department may use information the physical characteristics. These As noted above, Highveld failed, on that is adverse to the interests of the instructions directed Highveld to rely numerous occasions, to provide its party as facts otherwise available. not only on its existing financial and questionnaire responses to the Adverse inferences are appropriate ‘‘to cost accounting records, but on any Department or other parties to this ensure that the party does not obtain a other information which would allow it proceeding by the applicable deadlines, more favorable result by failing to to calculate a reasonable allocation of its in the form and manner requested. As cooperate than if it had cooperated costs. It is standard procedure for the noted in the Case History section above, fully.’’ See Statement of Administrative Department to request product-specific the Department provided Highveld with Action (SAA) accompanying the URAA, cost data and we routinely receive such numerous opportunities to remedy or H.R. Doc. No. 316, 103d Cong., 2d information from respondents. In the explain major deficiencies in its Session at 870 (1994). Furthermore, ‘‘an Department’s experience, companies submissions. To this end, the affirmative finding of bad faith on the have information which allows them to Department issued several supplemental part of the respondent is not required calculate a reasonable estimate of the questionnaires, allowed Highveld before the Department may make an costs to make a given product, as such several chances to revise and resubmit adverse inference.’’ Antidumping cost information is necessary to documents in order that such Duties; Countervailing Duties; Final determine whether it is profitable to documents might comply with the Rule, 62 FR 27296, 27340 (May 19, make the product. Even if a company Department’s regulations governing 1997) (Final Rule). does not identify product-specific costs formatting and filing requirements, sent In this case, we have determined that in its normal financial and cost Highveld multiple letters, facsimiles, Highveld has not acted to the best of its accounting records, it should be able to and electronic mail explaining and re- ability in responding to the make reasonable allocations of its costs explaining the Department’s concerns Department’s request for complete U.S. among distinct products through the use over the deficiencies in Highveld’s sales data, including data for the twelve of other product and production submissions, held a teleconference to expenses missing from the majority of information. Highveld failed to offer any explain the Department’s concerns over Highveld’s U.S. sales observations. As explanation as to why it did not make the deficiencies in Highveld’s noted in the Case History section above, such reasonable allocations. submissions, sent Highveld copies of we repeated our request for such data in Under section 782(c) of the Act, a relevant regulations and guidelines for a supplemental questionnaire, but respondent has a responsibility not only the submission of documents to the Highveld failed to provide it. Highveld’s to notify the Department if it is unable record, and granted Highveld several explanation was that it did not have this to provide requested information, but extensions to deadlines for its information, that such information must also to provide a ‘‘full explanation and submissions. Despite all of this, be supplied by an affiliated reseller in suggested alternative forms.’’ In Highveld has continued to submit its the United States, and that the response to our requests for product- responses after applicable deadlines. information would be provided at specific cost data, Highveld simply This pattern has significantly impeded verification. It is Highveld’s stated that it does not account for cost the Department’s ability to conduct a responsibility to ensure that all in this manner. (See Supplemental D timely analysis, limiting the information essential to the response.) Cooperation in an Department’s ability to issue Department’s analyses of Highveld’s antidumping investigation requires supplemental questionnaires to address U.S. sales is provided to the more than a simple statement that a questions and deficiencies related to Department, regardless of whether such respondent cannot provide certain Highveld’s submissions. It has also information must be supplied by an information from its previously made it virtually impossible for the affiliated reseller in the United States. prepared records; the burden to petitioners or other interested parties to See Notice of Final Determination of establish that it has acted to the best of submit comments on Highveld’s Sales at Less Than Fair Value: Stainless its ability rests upon the respondent. As
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noted above, to meet that burden a of its ability. Accordingly, we have used and Saldanha the rate of 9.28 percent— respondent must explain what steps it an adverse inference in selecting the the margin calculated from the petition has taken to comply with the facts available to determine Highveld’s and used for initiation. information request, and propose margin. Affiliation alternative methodologies for getting the Iscor/Saldanha necessary information. See Allied-Signal In accordance with section 771(33)(E) Aerospace v. United States, 996 F.2d In this proceeding, Saldanha and Iscor of the Act, the Department considers 1185, 1192 (Fed. Cir. 1993). Highveld declined to respond to the Department’s affiliated any person directly or has failed to do either. antidumping questionnaire. Because indirectly owning, controlling, or Moreover, we find that Highveld’s Saldanha and Iscor provided no holding with power to vote, five percent claim that it is unable to provide cost information, sections 782(d) and (e) of or more of the outstanding voting stock information in the manner requested by the Act are not relevant, and the or shares of any organization and such the Department to be inconsistent with Department must resort to the use of organization. In the contemporaneous its other statements and information on facts available for these respondents, in countervailing duty investigation of HR the record of this case. For example, accordance with 776(a) of the Act. products from South Africa, the Highveld closely tracks actual Furthermore, as Iscor and Saldanha Department noted that respondent Iscor production for yield purposes and for declined to respond to the Department’s controls 50 percent of the voting purposes of identifying particular coils antidumping questionnaire, we ownership in respondent Saldanha. See for warehouse identification, as is preliminarily determine that both Notice of Preliminary Affirmative evidenced by the yield information companies failed to cooperate to the Countervailing Duty Determination and maintained by the company and the best of their abilities within the meaning Alignment with Final Antidumping identifying tags affixed to each finished of section 776(b) of the Act. Duty Determinations: Certain Hot- product. Highveld also has budgets, Accordingly, we have used an adverse Rolled Carbon Steel Flat Products from manufacturing standards, and inference in selecting the facts available South Africa, 66 FR 20261 (April 20, engineering standards for specific to determine the appropriate margin for 2001). Consequently, and in accordance products listed in the company’s Iscor and Saldanha. with section 771(33)(E) of the Act, we product brochure. Highveld likely Corroboration conclude that these companies are develops production plans involving the affiliated for purposes of this identification of certain products as Section 776(c) of the Act provides that proceeding. where the Department selects from produced from certain raw materials on Collapsing certain production lines using specific among the facts otherwise available and engineering standards. Further, to relies on ‘‘secondary information,’’ such Section 351.401(f)(1) of the maintain International Organization for as the petition, the Department shall, to Department’s regulations provides that Standardization (ISO) certification, we the extent practicable, corroborate that two or more affiliated producers will be believe that Highveld must maintain information from independent sources treated as a single entity in an contemporaneous records of production reasonably at the Department’s disposal. antidumping proceeding if: (i) the and processes to insure the quality of The SAA accompanying the URAA, producers have production facilities for the products it produces. While certain H.R. Doc. No. 316, 103d Cong., 2d Sess. similar or identical products that would of Highveld’s records do not contain the (1994), states that ‘‘corroborate’’ means not require substantial retooling of information requested on separate to determine that the information used either facility in order to restructure product costs, the company could have has probative value. See SAA at 870. In manufacturing priorities, and (ii) the developed a reasonable allocation this proceeding, we considered the Department concludes that there is a methodology to allocate costs to petition as the most appropriate significant potential for the products on a control number information on the record upon which manipulation of price or production. (CONNUM)-specific basis using the to base the dumping calculation. In Section 351.401(f)(2) of the company’s normal cost accounting accordance with section 776(c) of the Department’s regulations provides that records as a starting point. The Act, we sought to corroborate the data in identifying a significant potential for Department requested that Highveld contained in the petition. We reviewed the manipulation of price or production, look beyond its financial and cost the adequacy and accuracy of the the factors the Department may consider accounting records and select from a information in the petition during our include: (i) the level of common variety of available data using, for pre-initiation analysis of the petition, to ownership; (ii) the extent to which example, engineering standards, direct the extent appropriate information (e.g., managerial employees or board labor hours, machine hours, or import statistics, cost data and foreign members of one firm sit on the board of budgeting systems for allocating costs to market research reports) was available directors of an affiliated firm; and (iii) products on a CONNUM-specific basis. for this purpose. See Initiation Notice, at whether operations are intertwined, Highveld failed to develop any system 77571. For purposes of the preliminary such as through the sharing of sales to allocate costs according to these determination, we attempted to further information, involvement in production criteria. corroborate the information in the and pricing decisions, the sharing of Given (i) Highveld’s repeated failure petition. To the extent practicable, we facilities or employees, or significant to provide data for twelve expenses for reexamined the export price, home transactions between the affiliated the majority of its U.S. sales market price, and CV data provided for producers. observations; and (ii) Highveld’s the margin calculations in the petition We have analyzed these criteria with repeated failure to provide product- in light of information obtained during respect to Iscor and Saldanha. specific cost data that takes into account the investigation, and found that it has According to information available on physical differences in the product or to probative value (see Memorandum to the public record of the provide any meaningful explanation of the File, ‘‘Corroboration of Secondary contemporaneous countervailing duty why such data could not be provided, Information,’’ dated April 23, 2001). As investigation of HR products from South we preliminarily determine that adverse facts available, we have Africa, Iscor is a 50 percent shareholder Highveld did not cooperate to the best preliminarily assigned Highveld, Iscor in Saldanha, and is in a position to
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exercise control of Saldanha’s assets. publication in the Federal Register. We should specify the number of Furthermore, both companies produce will instruct the Customs Service to participants and provide a list of the the subject merchandise. See the public require a cash deposit or posting of a issues to be discussed. Oral version of Memo to File, ‘‘Cross- bond equal to the estimated preliminary presentations will be limited to issues Ownership of Iscor, Ltd., in Saldanha dumping margin indicated in the chart raised in the briefs. If this investigation Steel Ltd.,’’ dated April 13, 2001 (case below. This suspension of liquidation proceeds normally, we will make our number C–791–810), which has been will remain in effect until further notice. final determination no later than 75 placed on the record of this The preliminary weighted-average days after the date of this preliminary investigation. In light of these facts, and dumping margins are as follows: determination. because Iscor’s and Saldanha’s refusal to This determination is issued and cooperate in this investigation has Margin published in accordance with sections impeded our analysis of this issue, the (percent) 733(d) and 777(i)(1) of the Act. Effective Department infers that there is Exporter/Manufacturer: January 20, 2001, Bernard T. Carreau is significant potential for the Highveld ...... 9.28 fulfilling the duties of the Assistant manipulation of prices or production Iscor/Saldanha ...... 9.28 Secretary for Import Administration. between these two companies within All Others ...... 9.28 Dated: April 23, 2001. the meaning of section 351.401(f)(2) of Bernard T. Carreau, the Department’s regulations. Thus, we ITC Notification preliminarily determine, in accordance Deputy Assistant Secretary, Import with 351.401(f)(1) of the Department’s In accordance with section 733(f) of Administration. regulations, that Saldanha and Iscor the Act, we have notified the ITC of our [FR Doc. 01–10851 Filed 5–2–01; 8:45 am] should be treated as a single entity for determination. If our final BILLING CODE 3510–DS–P purposes of this antidumping determination is affirmative, the ITC proceeding, and have determined one will determine before the later of 120 dumping margin for this single entity. days after the date of this preliminary DEPARTMENT OF COMMERCE determination, or 45 days after our final Verification determination, whether these imports International Trade Administration In accordance with section 782(i) of are materially injuring, or threaten [A–357–814] the Act, we intend to verify information material injury to, the U.S. industry. Notice of Preliminary Determination of to be used in making our final Public Comment determination. Sales at Less Than Fair Value: Certain Case briefs for this investigation must Hot-Rolled Carbon Steel Flat Products All Others be submitted no later than one week From Argentina Section 735(c)(5)(B) of the Act after the issuance of the verification provides that, where the estimated reports. Rebuttal briefs must be filed AGENCY: Import Administration, weighted-average dumping margins within five days after the deadline for International Trade Administration, established for all exporters and submission of case briefs. A list of Department of Commerce. producers individually investigated are authorities used, a table of contents, and EFFECTIVE DATE: May 3, 2001. zero or de minimis margins, or are an executive summary of issues should FOR FURTHER INFORMATION CONTACT: determined entirely under section 776 accompany any briefs submitted to the Constance Handley or Charles Riggle at of the Act, the Department may use any Department. Executive summaries (202) 482–0631 and (202) 482–0650, reasonable method to establish the should be limited to five pages total, respectively; AD/CVD, Enforcement, estimated ‘‘all others’’ rate for exporters including footnotes. Office 5, Group II, Import and producers not individually Section 774 of the Act provides that Administration, Room 1870, investigated. This provision the Department will hold a hearing to International Trade Administration, contemplates that we weight-average afford interested parties an opportunity U.S. Department of Commerce, 14th margins other than facts available to comment on arguments raised in case Street and Constitution Avenue, NW, margins to establish the ‘‘all others’’ or rebuttal briefs, provided that such a Washington, DC 20230. rate. Where the data do not permit hearing is requested by any interested The Applicable Statute and Regulations weight-averaging such rates, the SAA, at party. If a request for a hearing is made 873, provides that we may use other in an investigation, the hearing will Unless otherwise indicated, all reasonable methods. Because the tentatively be held two days after the citations to the statute are references to petition contained only an estimated deadline for submission of the rebuttal the provisions effective January 1, 1995, price-to-CV dumping margin, which the briefs, at the U.S. Department of the effective date of the amendments Department adjusted for purposes of Commerce, 14th Street and Constitution made to the Tariff Act of 1930 (the Act) initiation, there are no additional Avenue, NW, Washington, DC 20230. In by the Uruguay Round Agreements Act estimated margins available with which the event that the Department receives (URAA). In addition, unless otherwise to create the ‘‘all others’’ rate. Therefore, requests for hearings from parties to indicated, all citations to Department of we applied the published margin of 9.28 several HR products cases, the Commerce (the Department) regulations percent as the ‘‘all others’’ rate. Department may schedule a single refer to the regulations codified at 19 hearing to encompass all those cases. CFR part 351 (April 2000). Suspension of Liquidation Parties should confirm by telephone the In accordance with section 733(d)(2) time, date, and place of the hearing 48 Preliminary Determination of the Act, the Department will direct hours before the scheduled time. We preliminarily determine that the Customs Service to suspend Interested parties who wish to request a certain hot-rolled carbon steel flat liquidation of all entries of HR products hearing, or participate if one is products (HRS) from Argentina are from South Africa that are entered, or requested, must submit a written being, or are likely to be sold, in the withdrawn from warehouse, for request within 30 days of the United States at less than fair value consumption on or after the date of publication of this notice. Requests (LTFV), as provided in section 733 of
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the Act. The estimated margins of sales Petitioners agreed with the Department’s requirements pursuant to at LTFV are shown in the Suspension of Department’s proposed characteristics section 782 (c) of the Act. On January Liquidation section of this notice. and hierarchy of characteristics. Corus 17, 2001, the Government of Argentina suggested adding a product also notified the Department that Case History characteristic to distinguish prime Siderar would not be participating in On November 13, 2000, the merchandise from non-prime the investigation. On January 17, 2001, Department received a petition on hot- merchandise. Neither Iscor nor Acindar informed the Department that it rolled carbon steel flat products from Zaporizhstal proposed any changes to did not sell the subject merchandise to Argentina filed in proper form by the either the list of product the United States during the period of Bethlehem Steel Corporation, Gallatin characteristics proposed by the investigation (POI) and, therefore, had Steel Company, IPSCO Steel Inc., LTV Department or the hierarchy of those no sales to report. Upon reviewing U.S. Steel Company, Inc., National Steel product characteristics but, rather, Customs data, the Department Corporation, Nucor Corporation, Steel provided information relating to its own confirmed that Acindar did not sell the Dynamics, Inc., U.S. Steel Group (a unit products that was not relevant in the subject merchandise to the United of USX Corporation), Weirton Steel context of determining what States during the POI and as such any Corporation, and Independent information to include in the future exports from Acindar will be Steelworkers Union. On November 16, Department’s questionnaires. For subject to the ‘‘all-others’’ rate. 2000, the United Steel Workers of purposes of the questionnaires Period of Investigation America joined as co-petitioners in this subsequently issued by the Department case. to the respondents, no changes were The POI for this investigation is This investigation was initiated on made to the product characteristics or October 1, 1999 through September 30, December 4, 2000. See Notice of the hierarchy of those characteristics 2000. This period corresponds to the Initiation of Antidumping Duty from those originally proposed by the four most recent fiscal quarters prior to Investigations: Certain Hot-Rolled Department in its December 22, 2000 the month of the filing of the petition Carbon Steel Flat Products From letter. With respect to Corus’ request, (i.e., November 2000). Argentina, India, Indonesia, the additional product characteristic Scope of the Investigation Kazakhstan, the Netherlands, the suggested by Corus, to distinguish prime People’s Republic of China, Romania, merchandise from non-prime For purposes of this investigation, the South Africa, Taiwan, Thailand, and merchandise, is unnecessary. The products covered are certain HRS of a Ukraine, 65 FR 77568 (December 12, Department already asks respondents to rectangular shape, of a width of 0.5 inch 2000) (Initiation Notice). Since the distinguish prime from non-prime or greater, neither clad, plated, nor initiation of these investigations, the merchandise in field number 2.2 ‘‘Prime coated with metal and whether or not following events have occurred. vs. Secondary Merchandise.’’ See the painted, varnished, or coated with The Department set aside a period for Department’s Antidumping Duty plastics or other non-metallic all interested parties to raise issues Questionnaire, at B–7 and C–7 (January substances, in coils (whether or not in regarding product coverage. See 4, 2001). These fields are used in the successively superimposed layers), Initiation Notice at 77569. We received model match program to prevent regardless of thickness, and in straight no comments from any parties in this matches of prime merchandise to non- length, of a thickness of less than 4.75 investigation. The Department did, prime merchandise. After careful review mm and of a width measuring at least however, receive comments regarding of the comments received, we made no 10 times the thickness. Universal mill product coverage in the concurrent changes to the model matching plate (i.e., flat-rolled products rolled on investigation of HRS products from the characteristics and hierarchy proposed four faces or in a closed box pass, of a Netherlands. In that investigation we in the Department’s letter. width exceeding 150 mm, but not received comments from Duracell On December 28, 2000, the United exceeding 1250 mm, and of a thickness Global Business Management Group on States International Trade Commission of not less than 4.0 mm, not in coils and December 11, 2000, from Energizer on (ITC) preliminarily determined that without patterns in relief) of a thickness December 15, 2000, from Bouffard Metal there is a reasonable indication that not less than 4.0 mm is not included Goods, Inc., and Truelove & Maclean, imports of the products subject to this within the scope of this investigation. Inc., on December 18, 2000, from Corus investigation are threatening or Specifically included within the Staal BV and Corus Steel U.S.A., Inc. materially injuring an industry in the scope are vacuum degassed, fully (collectively referred to as Corus), from United States producing the domestic stabilized (commonly referred to as Thomas Steel Strip Corporation on like product. See Hot-Rolled Steel interstitial-free (IF)) steels, high strength December 27, 2000, and from Rayovac Products from Argentina, China, India, low alloy (HSLA) steels, and the Corporation on March 12, 2001. Indonesia, Kazakhstan, the Netherlands, substrate for motor lamination steels. IF On December 22, 2000, the Romania, South Africa, Taiwan, steels are recognized as low carbon Department issued a letter to interested Thailand, and Ukraine, 66 FR 805 steels with micro-alloying levels of parties in all of the concurrent HRS (January 4, 2001). elements such as titanium or niobium antidumping investigations, providing On January 4, 2001, the Department (also commonly referred to as an opportunity to comment on the issued an antidumping questionnaire to columbium), or both, added to stabilize Department’s proposed model matching Acindar Industria Argentina de Aceros carbon and nitrogen elements. HSLA characteristics and hierarchy. SA (Acindar) and Siderar Saic (Siderar), steels are recognized as steels with Comments were submitted by: The the mandatory respondents in this case. micro-alloying levels of elements such petitioners (January 5, 2001); Corus, On January 16, 2001, Siderar notified as chromium, copper, niobium, respondent in the Netherlands the Department that it would not be vanadium, and molybdenum. The investigation (January 3, 2001); Iscor responding to the Department’s substrate for motor lamination steels Limited, respondent in the South Africa questionnaire due to the burdens contains micro-alloying levels of investigation (January 3, 2001); and involved in submitting a response. It elements such as silicon and aluminum. Zaporizhstal, respondent in the Ukraine provided no further elaboration, nor did Steel products to be included in the investigation (January 3, 2001). it suggest alternatives to the scope of this investigation, regardless of
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definitions in the Harmonized Tariff 7208.36.00.30, 7208.36.00.60, Department finds that an interested Schedule of the United States (HTSUS), 7208.37.00.30, 7208.37.00.60, party failed to cooperate by not acting are products in which: (i) Iron 7208.38.00.15, 7208.38.00.30, to the best of its ability to comply with predominates, by weight, over each of 7208.38.00.90, 7208.39.00.15, the request for information. See, e.g., the other contained elements; (ii) the 7208.39.00.30, 7208.39.00.90, Certain Welded Carbon Steel Pipes and carbon content is 2 percent or less, by 7208.40.60.30, 7208.40.60.60, Tubes From Thailand: Final Results of weight; and (iii) none of the elements 7208.53.00.00, 7208.54.00.00, Antidumping Duty Administrative listed below exceeds the quantity, by 7208.90.00.00, 7211.14.00.90, Review, 62 FR 53808, 53819–20 weight, respectively indicated: 7211.19.15.00, 7211.19.20.00, (October 16, 1997). Finally, section 1.80 percent of manganese, or 7211.19.30.00, 7211.19.45.00, 776(b) of the Act states that an adverse 2.25 percent of silicon, or 7211.19.60.00, 7211.19.75.30, inference may include reliance on 1.00 percent of copper, or 7211.19.75.60, and 7211.19.75.90. information derived from the petition. 0.50 percent of aluminum, or Certain hot-rolled carbon steel flat See also Statement of Administrative 1.25 percent of chromium, or products covered by this investigation, Action (SAA) accompanying the URAA, 0.30 percent of cobalt, or including vacuum degassed fully H.R. Rep. No. 103–316 at 870 (1994). 0.40 percent of lead, or stabilized, high strength low alloy, and In accordance with section 1.25 percent of nickel, or the substrate for motor lamination steel 776(a)(2)(A) of the Act, for the reasons 0.30 percent of tungsten, or may also enter under the following tariff explained below, because Siderar failed 0.10 percent of molybdenum, or classification numbers: 7225.11.00.00, to respond to our questionnaire, we 0.10 percent of niobium, or 7225.19.00.00, 7225.30.30.50, preliminarily determine that the use of 0.15 percent of vanadium, or 7225.30.70.00, 7225.40.70.00, total adverse facts available is warranted 0.15 percent of zirconium. 7225.99.00.90, 7226.11.10.00, with respect to Siderar. See the April 7226.11.90.30, 7226.11.90.60, All products that meet the physical 23, 2001 memorandum Application of 7226.19.10.00, 7226.19.90.00, and chemical description provided Facts Available for Siderar Saic on file 7226.91.50.00, 7226.91.70.00, above are within the scope of this in the Central Records Unit, Room B– 7226.91.80.00, and 7226.99.00.00. investigation unless otherwise 099 of the main Commerce Department Subject merchandise may also enter excluded. The following products, by Building. under 7210.70.30.00, 7210.90.90.00, way of example, are outside or Section 776(b) of the Act provides 7211.14.00.30, 7212.40.10.00, specifically excluded from the scope: that the Department may use an 7212.40.50.00, and 7212.50.00.00. inference adverse to the interests of a • Alloy hot-rolled steel products in Although the HTSUS subheadings are party that has failed to cooperate by not which at least one of the chemical provided for convenience and U.S. acting to the best of its ability to comply elements exceeds those listed above Customs purposes, the written with the Department’s requests for (including, e.g., American Society for description of the merchandise under information. See also Statement of Testing and Materials (ASTM) investigation is dispositive. Administrative Action accompanying specifications A543, A387, A514, A517, Facts Available the URAA, H.R. Rep. No. 103–316 at A506). 870 (1994) (SAA). Failure by Siderar to • Society of Automotive Engineers 1. Application of Facts Available respond to the Department’s (SAE)/American Iron & Steel Institute Section 776(a)(2) of the Act provides antidumping questionnaire constitutes a (AISI) grades of series 2300 and higher. • that, if an interested party (A) withholds failure to act to the best of its ability to Ball bearing steels, as defined in the information requested by the comply with a request for information, HTSUS. • Department, (B) fails to provide such within the meaning of section 776 of the Tool steels, as defined in the information by the deadline, or in the Act. Because Siderar failed to act to the HTSUS. • form or manner requested, (C) best of its ability, the Department has Silico-manganese (as defined in the significantly impedes a proceeding, or determined that, in selecting among the HTSUS) or silicon electrical steel with (D) provides information that cannot be facts otherwise available, an adverse a silicon level exceeding 2.25 percent. • verified, the Department shall use, inference is warranted in selecting the ASTM specifications A710 and subject to sections 782(d) and (e) of the facts available for this company. A736. • Act, facts otherwise available in Consistent with Department practice, USS abrasion-resistant steels (USS reaching the applicable determination. we assigned Siderar the highest margin AR 400, USS AR 500). • Pursuant to section 782(e) of the Act, alleged in the amendment to the All products (proprietary or the Department shall not decline to petition, i.e., 44.59 percent. See otherwise) based on an alloy ASTM consider submitted information if all of Initiation Notice. specification (sample specifications: the following requirements are met: (1) ASTM A506, A507). 2. Selection and Corroboration of Facts • The information is submitted by the Available Non-rectangular shapes, not in established deadline; (2) the information coils, which are the result of having can be verified; (3) the information is Section 776(b) of the Act states that an been processed by cutting or stamping not so incomplete that it cannot serve as adverse inference may include reliance and which have assumed the character a reliable basis for reaching the on information derived from the of articles or products classified outside applicable determination; (4) the petition. See also SAA at 829–831. chapter 72 of the HTSUS. interested party has demonstrated that it Section 776(c) of the Act provides that, The merchandise subject to this acted to the best of its ability; and (5) when the Department relies on investigation is classified in the HTSUS the information can be used without secondary information (such as the at subheadings: 7208.10.15.00, undue difficulties. petition) in using the facts otherwise 7208.10.30.00, 7208.10.60.00, In selecting from among the facts available, it must, to the extent 7208.25.30.00, 7208.25.60.00, otherwise available, section 776(b) of practicable, corroborate that information 7208.26.00.30, 7208.26.00.60, the Act authorizes the Department to from independent sources that are 7208.27.00.30, 7208.27.00.60, use an adverse inference, if the reasonably at its disposal.
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The SAA clarifies that ‘‘corroborate’’ and producers not individually hearing is requested by any interested means that the Department will satisfy investigated. Our recent practice under party. If a request for a hearing is made itself that the secondary information to these circumstances has been to assign, in an investigation, the hearing will be used has probative value (see SAA at as the ‘‘all-others’’ rate, the simple tentatively be held two days after the 870). The SAA also states that average of the margins in the petition. deadline for submission of the rebuttal independent sources used to corroborate We have done so in this case. briefs, at the U.S. Department of such evidence may include, for Commerce, 14th Street and Constitution Suspension of Liquidation example, published price lists, official Avenue, NW, Washington, DC 20230. In import statistics and Customs data, and In accordance with section 733(d) of the event that the Department receives information obtained from interested the Act, we are directing Customs to requests for hearings from parties to parties during the particular suspend liquidation of all entries of more than one HRS case, the investigation (see SAA at 870). HRS from Argentina that are entered, or Department may schedule a single We reviewed the adequacy and withdrawn from warehouse, for hearing to encompass all cases. Parties accuracy of the information in the consumption on or after the date of should confirm by telephone the time, petition during our pre-initiation publication of this notice in the Federal date, and place of the hearing 48 hours analysis of the petition, to the extent Register. We will instruct Customs to before the scheduled time. appropriate information was available require a cash deposit or the posting of Interested parties who wish to request for this purpose. See Import a bond equal to the amount by which a hearing, or to participate if one is Administration AD Investigation the NV exceeds the EP, as indicated in requested, must submit a written Initiation Checklist, dated December 4, the chart below. We will adjust the request within 30 days of the 2000, for a discussion of the margin deposit requirements to account for any publication of this notice. Requests calculation in the petition. In addition, export subsidies found in the should specify the number of in order to determine the probative companion countervailing duty participants and provide a list of the value of the margin in the petition for investigation. These suspension-of- issues to be discussed. Oral use as adverse facts available for liquidation instructions will remain in presentations will be limited to issues purposes of this determination, we effect until further notice. The dumping raised in the briefs. examined evidence supporting the margins are as follows: If this investigation proceeds calculation in the petition. In normally, we will make our final accordance with section 776(c) of the Margin determination in this investigation no Manufacturer/exporter (percent) Act, to the extent practicable, we later than 75 days after the date of this examined the key elements of the export Siderar Saic (Siderar) ...... 44.59 preliminary determination. price (EP) and normal value (NV) All Others ...... 40.60 This determination is published calculations on which the margin in the pursuant to sections 733(f) and 777(i)(1) petition was based. Our review of the EP ITC Notification of the Act. Effective January 20, 2001, and NV calculation indicated that the Bernard T. Carreau is fulfilling the information in the petition has In accordance with section 733(f) of duties of the Assistant Secretary for probative value, as certain information the Act, we have notified the ITC of our Import Administration. (e.g., international freight and customs determination. If our final antidumping duties) included in the margin determination is affirmative, the ITC Dated: April 23, 2001. calculation in the petition is from public will determine whether these imports Bernard T. Carreau, sources concurrent, for the most part, are materially injuring, or threaten Deputy Assistant Secretary, Import with the POI. material injury to, the U.S. industry. Administration. We compared the export prices The deadline for that ITC determination [FR Doc. 01–10852 Filed 5–2–01; 8:45 am] contained in the petition with U.S. would be the later of 120 days after the BILLING CODE 3510–DS–P Census values for the same HTS date of this preliminary determination category and found the export prices or 45 days after the date of our final suggested in the petition to be determination. DEPARTMENT OF COMMERCE reasonable and, therefore, corroborated Public Comment for purposes of calculating a facts International Trade Administration available margin. With respect to the NV Case briefs must be submitted no later [A–570–865] data included in the margin calculations than 35 days after the publication of this of the petition, we were able to notice in the Federal Register. Rebuttal Notice of Preliminary Determination of corroborate the reasonableness of these briefs must be filed within five business Sales at Less Than Fair Value: Certain data through the use of multiple days after the deadline for submission of Hot-Rolled Carbon Steel Flat Products sources. See the April 23 memorandum case briefs. A list of authorities used, a From the People’s Republic of China titled Application of Facts Available for table of contents, and an executive AGENCY: Import Administration, Siderar Saic. summary of issues should accompany any briefs submitted to the Department. International Trade Administration, All-Others Rate Executive summaries should be limited Department of Commerce. Section 735(c)(5)(B) of the Act to five pages total, including footnotes. EFFECTIVE DATE: May 3, 2001. provides that, where the estimated Public versions of all comments and FOR FURTHER INFORMATION CONTACT: weighted-average dumping margins rebuttals should be provided to the Catherine Bertrand, Carrie Blozy, or established for all exporters and Department and made available on Doreen Chen, Import Administration, producers individually investigated are diskette. International Trade Administration, zero or de minimis margins, or are Section 774 of the Act provides that U.S. Department of Commerce, 14th determined entirely under section 776 the Department will hold a hearing to Street and Constitution Avenue, NW., of the Act, the Department may use any afford interested parties an opportunity Washington, DC 20230; telephone: (202) reasonable method to establish the to comment on arguments raised in case 482–3207, (202) 482–0165, and (202) estimated ‘‘all-others’’ rate for exporters or rebuttal briefs, provided that such a 482–0193, respectively.
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The Applicable Statute and Regulations characteristics and hierarchy. period of investigation (‘‘POI’’). We also Unless otherwise indicated, all Comments were submitted by: sent courtesy copies of the antidumping citations to the Tariff Act of 1930, as petitioners (January 5, 2001); Corus questionnaire to the following possible amended (‘‘the Act’’), are references to Staal BV and Corus Steel USA Inc., producers/exporters of subject the provisions effective January 1, 1995, collectively referred to as Corus, merchandise named in the petition: respondent in the Netherlands Anshan Iron & Steel (Group) Co., the effective date of the amendments investigation (January 3, 2001); Iscor Anyang Iron and Steel Group, Shanghai made to the Act by the Uruguay Round Limited, respondent in the South Africa Baosteel Group Corp., Benxi Iron and Agreements Act (‘‘URAA’’). In addition, investigation (January 3, 2001); and Steel Group Co., Laiwu Iron and Steel unless otherwise indicated, all citations Zaporizhstal, respondent in the Ukraine Group, and Wuhan Iron and Steel Group to the Department’s regulations are to investigation (January 3, 2001). Co. the regulations codified at 19 CFR Part Petitioners agreed with the On January 25 and 26, 2001, the 351 (2000). Department’s proposed characteristics following Chinese producers/exporters Preliminary Determination and hierarchy of characteristics. Corus of certain hot-rolled carbon steel flat products submitted information on the We preliminarily determine that suggested adding a product characteristic to distinguish prime quantity and value of their shipments of certain hot-rolled carbon steel flat merchandise from non-prime subject merchandise to the United products from the People’s Republic of merchandise. Neither Iscor nor States during the POI: Angang Group China (‘‘PRC’’) are being, or are likely to Zaporizhstal proposed any changes to International Trade Corporation, New be, sold in the United States at less than either the list of product characteristics Iron & Steel Co., Ltd., and Angang fair value (‘‘LTFV’’), as provided in proposed by the Department or the Group Hong Kong Co., Ltd. (collectively section 733 of the Act. The estimated hierarchy of those product ‘‘Angang’’), Shanghai Baosteel Group margins of sales at LTFV are shown in characteristics but, rather, provided Corporation, Baoshan Iron and Steel the ‘‘Suspension of Liquidation’’ section information relating to its own products Co., Ltd., and Baosteel Group of this notice. that was not relevant in the context of International Trade Corporation Case History determining what information to (collectively ‘‘Baosteel Group’’), Benxi include in the Department’s Iron & Steel Group International This investigation was initiated on questionnaires. For purposes of the Economic & Trade Co., Ltd., Bengang December 4, 2000. See Notice of questionnaires subsequently issued by Steel Plates Co., Ltd., and Benxi Iron & Initiation of Antidumping Duty the Department to the respondents, no Steel Group Co., Ltd. (collectively Investigations: Certain Hot-Rolled changes were made to the product ‘‘Benxi’’), Pangang Group International Carbon Steel Flat Products From characteristics or the hierarchy of those Economic & Trading Corporation and Argentina, India, Indonesia, characteristics from those originally Panzhihua Iron & Steel (Group) Kazakhstan, the Netherlands, the proposed by the Department in its Company (collectively ‘‘Panzhihua’’), People’s Republic of China, Romania, December 22, 2000 letter. With respect Wuhan Iron & Steel (Group) Corporation South Africa, Taiwan, Thailand, and to Corus’ request, the additional product and International Economic and Trading Ukraine, 65 FR 77568 (December 12, characteristic suggested by Corus, to Corp. Wugang Group (collectively 2000). The Department set aside a distinguish prime merchandise from ‘‘WISCO’’), and Shanghai Yi Chang period for all interested parties to raise non-prime merchandise, is unnecessary. Steel Strip Co., Ltd. (‘‘Yi Chang’’). issues regarding product coverage. See The Department already asks On February 6, 2001, we selected Notice of Initiation, at 77569. We respondents to distinguish prime from Angang, Baosteel Group, Benxi, and Yi received comments regarding product non-prime merchandise in field number Chang as the mandatory respondents coverage as follows: from Duracell 2.2 ‘‘Prime vs. Secondary Merchandise.’’ (see ‘‘Selection of Respondents’’ below). Global Business Management Group on See the Department’s Antidumping We received complete Section A December 11, 2000; from Energizer on Duty Questionnaire, at C–5 (January 4, responses from Angang, Baosteel Group, December 15, 2000; from Bouffard Metal 2001). Benxi, Panzhihua, WISCO, and Yi Goods Inc. and Truelove & MacLean, On December 29, 2000, the United Chang on February 8, 2001. Inc. on December 18, 2000; from the States International Trade Commission On February 16, 2001, the Department Corus Group plc., which includes Corus (‘‘ITC’’) issued its affirmative issued a supplemental questionnaire to Steel USA (CSUSA) and Corus Staal BV preliminary determination that there is Yi Chang concerning the relationship (Corus Staal), and Thomas Steel Strip on a reasonable indication that an industry between Baosteel Group and Yi Chang. December 26, 2000; and from Rayovac in the United States is materially Also, on February 16, 2001, the Corporation on March 12, 2001. Since injured by reason of imports of the Department issued a letter to Baosteel the initiation of this investigation the subject merchandise from the PRC, Group concerning the submission of following events have occurred. which was published on January 4, Section D questionnaire responses for On December 20, 2000, the 2001. See Hot-Rolled Steel Products certain wholly-owned firms of Baosteel Department of Commerce (‘‘the from Argentina, China, India, Indonesia, Group, which during some or all of the Department’’) requested information Kazakhstan, Netherlands, Romania, POI produced merchandise meeting the from the U.S. Embassy in the PRC to South Africa, Taiwan, Thailand, and physical description of the merchandise identify producers/exporters of the Ukraine, 66 FR 805 (January 4, 2001) described in Appendix III to the subject merchandise and received a (‘‘ITC Preliminary Determination’’). Department’s January 4, 2001 response in January 2001. On January 4, 2001, the Department antidumping questionnaire (see On December 22, 2000, the issued its antidumping questionnaire to ‘‘Baosteel Group-Wholly Owned Department issued a letter to interested the Chinese Ministry of Foreign Trade & Suppliers of Hot-Rolled Carbon Steel parties in all of the concurrent certain Economic Cooperation with a letter Flat Products,’’ below, for further hot-rolled carbon steel flat products requesting that it forward the discussion of this issue). On February antidumping investigations, providing questionnaire to all Chinese exporters of 22, 2001, the Department issued section an opportunity to comment on the certain hot-rolled carbon steel flat A supplemental questionnaires to Department’s proposed model matching products who had shipments during the Angang, Benxi, Baosteel Group, and Yi
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Chang and received responses on March Scope of Investigation above are within the scope of this 8, 2001. On February 26, 2001, For purposes of this investigation, the investigation unless otherwise respondents submitted their responses products covered are certain hot-rolled excluded. The following products, by to sections C and D to the Department’s carbon steel flat products of a way of example, are outside or antidumping questionnaire. On rectangular shape, of a width of 0.5 inch specifically excluded from the scope of February 28, 2001, the Department this investigation: or greater, neither clad, plated, nor • issued a letter to Yi Chang requesting coated with metal and whether or not Alloy hot-rolled steel products in that Yi Chang identify all unique painted, varnished, or coated with which at least one of the chemical products or models produced by Yi plastics or other non-metallic elements exceeds those listed above Chang during the POI that meet the substances, in coils (whether or not in (including, e.g., American Society for physical description of the merchandise successively superimposed layers), Testing and Materials (ASTM) described in Appendix III to the regardless of thickness, and in straight specifications A543, A387, A514, A517, A506). Departments’ January 4, 2001 lengths of a thickness of less than 4.75 • antidumping questionnaire. Yi Chang mm and of a width measuring at least Society of Automotive Engineers (SAE)/American Iron & Steel Institute submitted this information on March 7, 10 times the thickness. Universal mill (AISI) grades of series 2300 and higher. 2001. On March 12, 2001, the plate (i.e., flat-rolled products rolled on • Ball bearing steels, as defined in the Department issued supplemental four faces or in a closed box pass, of a width exceeding 150 mm, but not HTSUS. questionnaires to Angang, Benxi, • Tool steels, as defined in the Baosteel Group, and Yi Chang and exceeding 1250 mm, and of a thickness of not less than 4.0 mm, not in coils and HTSUS. received responses to these • Silico-manganese (as defined in the questionnaires on April 2, 2001. On without patterns in relief) of a thickness not less than 4.0 mm is not included HTSUS) or silicon electrical steel with March 12, 2001, Baosteel Group a silicon level exceeding 2.25 percent. submitted section D questionnaire within the scope of this investigation. • Specifically included within the ASTM specifications A710 and responses for certain wholly-owned A736. firms of the Baosteel Group, which scope of this investigation are vacuum • degassed, fully stabilized (commonly USS abrasion-resistant steels (USS during part or all of the POI produced referred to as interstitial-free (IF)) steels, AR 400, USS AR 500). merchandise meeting the physical • high strength low alloy (HSLA) steels, All products (proprietary or description of the merchandise and the substrate for motor lamination otherwise) based on an alloy ASTM described in Appendix III to the steels. IF steels are recognized as low specification (sample specifications: Department’s January 4, 2001 carbon steels with micro-alloying levels ASTM A506, A507). • Non-rectangular shapes, not in antidumping questionnaire. On March of elements such as titanium or niobium coils, which are the result of having 27, 2001, the Department issued a (also commonly referred to as been processed by cutting or stamping supplemental section D questionnaire to columbium), or both, added to stabilize and which have assumed the character Baosteel Group, following its March 12, carbon and nitrogen elements. HSLA of articles or products classified outside 2001 section D response, and received a steels are recognized as steels with chapter 72 of the HTSUS. response on April 10, 2001. Petitioners micro-alloying levels of elements such filed comments on respondents’ as chromium, copper, niobium, The merchandise subject to this submissions in March 2001. vanadium, and molybdenum. The investigation is classified in the HTSUS On January 31, 2001, we requested substrate for motor lamination steels at subheadings: 7208.10.15.00, publicly-available information for contains micro-alloying levels of 7208.10.30.00, 7208.10.60.00, valuing the factors of production and elements such as silicon and aluminum. 7208.25.30.00, 7208.25.60.00, comments on surrogate country Steel products to be included in the 7208.26.00.30, 7208.26.00.60, selection. On February 14, 2001, we scope of this investigation, regardless of 7208.27.00.30, 7208.27.00.60, received comments from petitioners on definitions in the Harmonized Tariff 7208.36.00.30, 7208.36.00.60, the appropriate surrogate country. On Schedule of the United States (HTSUS), 7208.37.00.30, 7208.37.00.60, March 23, 2001, Baosteel Group are products in which: (i) Iron 7208.38.00.15, 7208.38.00.30, submitted information concerning predominates, by weight, over each of 7208.38.00.90, 7208.39.00.15, surrogate values to be used for valuing the other contained elements; (ii) the 7208.39.00.30, 7208.39.00.90, the factors of production. On March 26 carbon content is 2 percent or less, by 7208.40.60.30, 7208.40.60.60, and March 30, 2001, petitioners and weight; and (iii) none of the elements 7208.53.00.00, 7208.54.00.00, 7208.90.00.00, 7211.14.00.90, respondents Angang and Benxi, listed below exceeds the quantity, by weight, respectively indicated: 7211.19.15.00, 7211.19.20.00, respectively, submitted information 7211.19.30.00, 7211.19.45.00, concerning surrogate values for use in 1.80 percent of manganese, or 7211.19.60.00, 7211.19.75.30, valuing the factors of production. On 2.25 percent of silicon, or 7211.19.75.60, and 7211.19.75.90. April 5 and 6, petitioners and 1.00 percent of copper, or Certain hot-rolled carbon steel flat respondents Baosteel Group and Yi 0.50 percent of aluminum, or 1.25 percent of chromium, or products covered by this investigation, Chang, respectively, submitted rebuttal 0.30 percent of cobalt, or including: vacuum degassed fully comments on surrogate values. 0.40 percent of lead, or stabilized; high strength low alloy; and Period of Investigation 1.25 percent of nickel, or the substrate for motor lamination steel 0.30 percent of tungsten, or may also enter under the following tariff The POI is April 1, 2000 through 0.10 percent of molybdenum, or numbers: 7225.11.00.00, 7225.19.00.00, September 30, 2000. This period 0.10 percent of niobium, or 7225.30.30.50, 7225.30.70.00, corresponds to the two most recent 0.15 percent of vanadium, or 7225.40.70.00, 7225.99.00.90, fiscal quarters prior to the month of the 0.15 percent of zirconium. 7226.11.10.00, 7226.11.90.30, filing of the petition (November 13, All products that meet the physical 7226.11.90.60, 7226.19.10.00, 2000). 19 CFR 351.204(b)(1). and chemical description provided 7226.19.90.00, 7226.91.50.00,
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7226.91.70.00, 7226.91.80.00, and merchandise’’—it therefore did not melt by Yi Chang in the PRC did not result 7226.99.00.00. Subject merchandise steel and as a result, purchased hot- in a change in the class or kind of may also enter under 7210.70.30.00, rolled carbon steel coils as the input for merchandise between the third country 7210.90.90.00, 7211.14.00.30, its pickling process; second, Yi Chang hot-rolled steel coils and Yi Chang’s 7212.40.10.00, 7212.40.50.00, and purchased its hot-rolled carbon steel pickled hot-rolled steel coils. In 7212.50.00.00. Although the HTSUS coils from Chinese and third country addition, although Yi Chang does subheadings are provided for suppliers; and third, ‘‘all of the subject perform some processing on the convenience and U.S. Customs merchandise exported to the United imported hot-rolled coils (i.e., trimming purposes, the written description of the States during the POI was produced and pickling), that further processing merchandise under investigation is from imported hot-rolled coils.’’ Finally, does not result in a substantial dispositive. in response to a supplemental question transformation within the context of this antidumping investigation. The data on Selection of Respondents from the Department concerning the country of origin markings on the hot- the record indicate that the degree of Section 777A(c)(1) of the Act directs rolled carbon steel flat products sold by transformation in this case is less than the Department to calculate individual Yi Chang to the United States, Yi Chang that found in cases in which the product dumping margins for each known stated that because it added value to the was deemed to have been transformed exporter and producer of the subject finished product after pickling the hot- sufficiently to change the origin of the merchandise. However, section rolled coils, Yi Chang declared the item. Consequently, for the preliminary 777A(c)(2) of the Act gives the product as originating in China. See Yi determination, we have denied Yi Department discretion, when faced with Chang April 2, 2001 supplemental Chang’s claims that the country of origin a large number of exporters/producers, response at page 10. of the merchandise sold by Yi Chang is to limit its examination to a reasonable properly the PRC. Because none of the number of such companies if it is not In determining whether substantial transformation has occurred for the hot-rolled carbon steel flat products sold practicable to examine all companies. by Yi Chang in the United States during Where it is not practicable to examine purposes of establishing the country of origin for Yi Chang’s hot-rolled carbon the POI was of Chinese origin, we all known producers/exporters of preliminarily find that Yi Chang is not steel flat products exported to the subject merchandise, this provision eligible for an antidumping duty margin United States in this dumping permits the Department to investigate calculation in this investigation of hot- investigation, we examine whether the either: (1) a sample of exporters, rolled carbon steel flat products from degree of processing or manufacturing producers, or types of products that is the PRC. Also, we note that we are not in the PRC resulted in a new and statistically valid based on the addressing the issue of Yi Chang’s distinct or different article from the hot- information available at the time of relationship with the Baosteel Group, as rolled steel coils imported from third selection; or (2) exporters and producers Yi Chang did not produce any country market economy suppliers. See accounting for the largest volume of the merchandise which was the same as Notice of Final Determination of Sales subject merchandise that can reasonably that exported to the United States by the be examined. After consideration of the at Less Than Fair Value: Certain Carbon Baosteel Group. complexities expected to arise in this Steel Butt-Weld Pipe Fittings from India proceeding and the resources available (‘‘Butt-Weld Pipe Fittings from India’’), Baosteel Group—Wholly Owned to the Department, we determined that 60 FR 10545, 10546 (February 27, 1995) Suppliers of Hot-Rolled Carbon Steel it was not practicable in this and Notice of Final Determination of Flat Products investigation to examine the six known Sales at Less Than Fair Value: Certain In its questionnaire responses producers/exporters of subject Cold-Rolled Flat-Rolled Carbon-Quality Baosteel Group explained that the merchandise. Instead, we found that, Steel Products From Taiwan (‘‘Cold- subject merchandise it sold to the given our resources, we would be able Rolled Steel from Taiwan’’), 65 FR United States was exported by Baosteel to investigate four Chinese producers/ 34658 (May 31, 2000). The Department Group International Trade Corporation exporters. Angang, Baosteel Group, has also stated in prior determinations (‘‘Baosteel International’’), a part of the Benxi, and Yi Chang accounted for that it is not bound by the country-of- Baosteel Group, and was produced by almost all exports of the subject origin and substantial transformation Baoshan Iron and Steel Co., Ltd. merchandise from the PRC during the determinations made by other agencies (‘‘Baoshan Co., Ltd.’’), also a part of the POI, as reported by the six producers/ of the U.S. government. See, e.g., Notice Baosteel Group, and Baosteel Group exporters at the time we made our of Final Determination of Sales at Less itself. For Baosteel Group’s ownership respondent selection, and we selected Than Fair Value: Certain Cold-Rolled percentages in these companies, see them as mandatory respondents. See Carbon Steel Flat Products from Analysis for the Preliminary Memorandum from Edward Yang to Argentina, 58 FR 37062, 37065 (July 9, Determination of Certain Hot-Rolled Joseph A. Spetrini Re: Selection of 1993). Rather, our determination is Carbon Steel Flat Products from the Respondents, February 6, 2001. made on the basis of reviewing the People’s Republic of China: Shanghai totality of the circumstances presented Baosteel Group Corporation (‘‘Baosteel Yi Chang—Country of Origin to the Department solely for the purpose Group’’), (‘‘Baosteel Group Analysis In its original section A questionnaire of the antidumping proceeding. When Memorandum’’), dated April 23, 2001. response, dated February 8, 2001, Yi an input from country A is further Additionally, in its section A Chang stated that ‘‘it produced and sold processed in country B, without any questionnaire response Baosteel Group the subject merchandise directly and change in the class or kind of identified three other wholly-owned did not purchase from an unaffiliated merchandise taking place, the Baosteel Group steel companies that supplier.’’ However, subsequent Department normally will consider the produced hot-rolled steel products responses from Yi Chang on February product exported to the United States as within the scope of this investigation 26, 2001, March 8, 2001, and April 2, originating in country A. See, e.g., Butt- during the POI, but stated that they did 2001, made clear the following facts: Weld Pipe Fittings from India and Cold- not export these products to the United first, ‘‘during the POI, Yi Chang was Rolled Steel from Taiwan. In this case, States. Because the name of these firms engaged only in the pickling of subject the manufacturing process undertaken is proprietary, we are referring to these
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companies as Firm A, Firm B, and Firm single weighted-average normal value six companies have requested a separate C. On February 16, 2001, the based on the factors of production for all company-specific rate.1 Department issued a letter to Baosteel of the firms (Baoshan Co., Ltd./Baosteel Angang reported that it is owned by Group requesting it to ‘‘ensure that Group, Firm A and Firm B) that all the people and that Angang and its when providing your Section D produced these models during the POI. affiliates have no corporate relationship with any level of the PRC government. information, you submit full Section D Nonmarket Economy Country Status information for all wholly-owned Angang stated that Angang Group facilities of the Baosteel Group, which The Department has treated the PRC International Trade Corporation has during some or all of the POI produced as a non-market economy (‘‘NME’’) complete independence with respect to merchandise meeting the physical country in all past antidumping its export activities. description of the merchandise investigations (see, e.g., Notice of Final Baosteel Group reported that Baosteel described in Appendix III to the Determination of Sales at Less Than Group is a company owned by all the Department’s January 4, 2001 Fair Value: Bulk Aspirin From the people. Baosteel Group claimed that antidumping questionnaire to Baosteel.’’ People’s Republic of China, 65 FR 33805 Baosteel Group, Baoshan Iron and Steel Although objecting to this request, (May 25, 2000), and Notice of Final Co., Ltd., and Baosteel International Baosteel Group nevertheless submitted Determination of Sales at Less Than Trade Corporation operate section D responses for Firm A and Firm Fair Value: Certain Non-Frozen Apple independently from the national, B on March 12, 2001, and supplemental Juice Concentrate from the People’s provincial and local governments with responses on April 10, 2001. (In its Republic of China, 65 FR 19873 (April respect to all significant export March 12, 2001 response, Baosteel 13, 2000) (Apple Juice)). A designation activities. Group stated that Firm C did not as an NME remains in effect until it is Benxi reported that it is owned by all produce or sell any merchandise that revoked by the Department (see section the people. Benxi stated that all exports meets the physical description of the 771(18)(C) of the Act). The respondents of the subject merchandise were merchandise described in Appendix III in this investigation have not requested produced by Bengang Steel, of which to the Department’s questionnaire.) a revocation of the PRC’s NME status. Benxi Group has majority ownership. We have, therefore, preliminarily Benxi claimed that Benxi Trading and The Department requested this determined to continue to treat the PRC information primarily because the its affiliates have no corporate as an NME country. When the relationship with any level of the PRC questionnaire responses for Baosteel Department is investigating imports Group have been filed on behalf of government. from an NME, section 773(c)(1) of the Panzhihua reported that Pangang Shanghai Baosteel Group Corporation, Act directs us to base the normal value Baoshan Co., Ltd., and Baosteel Group International Economic & (‘‘NV’’) on the NME producer’s factors Trading Corporation (‘‘Pangang International. As noted above, both of production, valued in a comparable Baoshan Co., Ltd., which produces the International’’) and its parent company, market economy that is a significant Panzhihua Iron & Steel (Group) subject merchandise sold to the United producer of comparable merchandise. States, and Baosteel International, the Company (Panzhihua Group), are The sources of individual factor prices owned by all the people. Panzhihua trading company which sells the subject are discussed under the ‘‘Normal Value’’ merchandise to the United States, are claimed that Pangang International, section, below. Panzhihua Group, and Panzhihua Steel part of the Shanghai Baosteel Group Furthermore, no interested party has operate independently from the Corporation. Moreover, both Firm A and requested that the hot-rolled carbon national, provincial and local Firm B are wholly-owned subsidiaries steel flat products industry in the PRC governments with respect to all of the Shanghai Baosteel Group be treated as a market-oriented industry significant export activities. Corporation. For purposes of its separate and no information has been provided WISCO reported that International rate analysis, the Department considers that would lead to such a determination. Economic and Trading Corp. Wugang these companies to be one entity. Therefore, we have not treated the hot- Group (‘‘IETC’’), and its parent company Because it is the Shanghai Baosteel rolled carbon steel flat products and supplier, Wuhan Iron & Steel Group Corporation as a whole to which industry in the PRC as a market-oriented (Group) Corporation, are owned by all the Department has preliminarily industry in this investigation. granted a separate rate (see ‘‘Separate the people. WISCO claimed that Wuhan Rates,’’ below), which will apply to each Separate Rates Iron & Steel (Group) Corporation and of its constituent entities, the Shanghai In proceedings involving NME IETC operate independently from the Baosteel Group Corporation is the countries, the Department begins with a national, provincial and local respondent. Consequently, in order to rebuttable presumption that all governments with respect to all accurately calculate the Corporation’s companies within the country are significant export activities. normal value for any given model of subject to government control and thus Based on these claims, we considered subject merchandise, the Department should be assessed a single antidumping whether each respondent is eligible for necessarily requires for every model or duty deposit rate. It is the Department’s a separate rate. The Department’s product type reported by Shanghai policy to assign all exporters of separate rate test to determine whether Baosteel Group Corporation in the U.S. merchandise subject to investigation in the exporters are independent from market sales listing, one weighted- an NME country this single rate, unless government control is not concerned, in average set of factors of production data an exporter can demonstrate that it is general, with macroeconomic/border- based on POI-specific factors of sufficiently independent so as to be type controls, e.g., export licenses, production data for all members of the entitled to a separate rate. The six quotas, and minimum export prices, single entity Shanghai Baosteel Group companies that have submitted section particularly if these controls are Corporation. Therefore, for the A responses have provided the imposed to prevent dumping. The test preliminary determination, for all requested company-specific separate 1 As noted above, Yi Chang is not eligible for a models of subject merchandise sold by rates information and have stated that, separate rate because it made no exports of the Shanghai Baosteel Group Corporation for each company, there is no element subject merchandise to the United States during the during the POI we have calculated a of government ownership or control. All POI.
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focuses, rather, on controls over the which would cause us to reconsider this explained above, we received timely investment, pricing, and output determination. Section A responses from Angang, decision-making process at the Baosteel Group, Benxi, Panzhihua, 2. Absence of De Facto Control individual firm level. See, e.g., Certain WISCO, and Yi Chang.2 Our review of Cut-to-Length Carbon Steel Plate from The Department typically considers U.S. import statistics from the PRC, Ukraine: Final Determination of Sales at four factors in evaluating whether each however, reveals that Angang, Baosteel Less than Fair Value, 62 FR 61754, respondent is subject to de facto Group, Benxi, Panzhihua, and WISCO 61757 (November 19, 1997); Tapered governmental control of its export did not account for all imports of Roller Bearings and Parts Thereof, functions: (1) Whether the export prices subject merchandise into the United Finished and Unfinished, from the are set by or are subject to the approval States from the PRC, even after adjusting People’s Republic of China: Final of a governmental agency; (2) whether for the merchandise Yi Chang said it Results of Antidumping Duty the respondent has authority to had entered as being of Chinese origin. Administrative Review, 62 FR 61276, negotiate and sign contracts and other For this reason, we preliminarily 61279 (November 17, 1997); and Honey agreements; (3) whether the respondent determine that some PRC exporters of from the People’s Republic of China: has autonomy from the government in certain hot-rolled carbon steel flat Preliminary Determination of Sales at making decisions regarding the products failed to respond to our Less than Fair Value, 60 FR 14725, selection of management; and (4) questionnaire. Consequently, we are 14726 (March 20, 1995). whether the respondent retains the applying a single antidumping rate—the proceeds of its export sales and makes To establish whether a firm is China-wide rate—to all other exporters independent decisions regarding sufficiently independent from in the PRC based on our presumption disposition of profits or financing of government control of its export that those respondents who failed to losses. As stated in previous cases, there activities to be entitled to a separate demonstrate entitlement to a separate is some evidence that certain rate, the Department analyzes each rate constitute a single enterprise under enactments of the PRC central common control by the Chinese entity exporting the subject government have not been implemented merchandise under a test arising out of government. See, e.g., Final uniformly among different sectors and/ Determination of Sales at Less Than the Final Determination of Sales at Less or jurisdictions in the PRC. See Silicon Than Fair Value: Sparklers from the Fair Value: Synthetic Indigo from the Carbide. Therefore, the Department has People’s Republic of China, 65 FR People’s Republic of China, 56 FR 20588 determined that an analysis of de facto 25706, 25707 (May 3, 2000) (‘‘Synthetic (May 6, 1991) and amplified in the Final control is critical in determining Indigo’’). The China-wide rate applies to Determination of Sales at Less Than whether respondents are, in fact, subject all entries of subject merchandise except Fair Value: Silicon Carbide from the to a degree of governmental control for entries from Angang, Baosteel People’s Republic of China, 59 FR 22585 which would preclude the Department Group, Benxi, Panzhihua, and WISCO. (May 2, 1994) (‘‘Silicon Carbide’’). from assigning separate rates. Under the separate rates criteria, the The respondents asserted the Use of Facts Otherwise Available Department assigns separate rates in following: (1) They establish their own Section 776(a) of the Act provides NME cases only if respondents can export prices; (2) they negotiate that, if an interested party withholds demonstrate the absence of both de jure contracts without guidance from any information that has been requested by and de facto governmental control over governmental entities or organizations; the Department, fails to provide such export activities. (3) they make their own personnel information in a timely manner or in the decisions; and (4) they retain the 1. Absence of De Jure Control form or manner requested, significantly proceeds of their export sales, using impedes a proceeding under the The Department considers the profits according to their business antidumping statute, or provides following de jure criteria in determining needs. Additionally, none of the information which cannot be verified, whether an individual company may be respondents’ questionnaire responses the Department shall use, subject to granted a separate rate: (1) An absence suggest pricing is coordinated among sections 782(d) and (e) of the Act, facts of restrictive stipulations associated exporters. Furthermore, our analysis of otherwise available in reaching the with an individual exporter’s business the respondents’ questionnaire applicable determination. Pursuant to and export licenses; (2) any legislative responses reveals no other information section 782(e) of the Act, the enactments decentralizing control of indicating government control. As Department shall not decline to companies; and (3) any other formal stated in the Silicon Carbide, 59 FR at consider submitted information if that measures by the government 22587, ownership of the company by a information is necessary to the decentralizing control of companies. state-owned enterprise does not require determination but does not meet all of The respondents have placed on the the application of a single rate. Based on the requirements established by the record a number of documents to the information provided, we Department provided that all of the demonstrate absence of de jure control, preliminary determine that there is an following requirements are met: (1) The including the ‘‘Foreign Trade Law of the absence of de facto governmental information is submitted by the People’s Republic of China’’ and the control of the respondents’ export established deadline; (2) the information ‘‘Company Law of the People’s Republic functions. Consequently, we can be verified; (3) the information is of China.’’ In prior cases, the preliminarily determine that Angang, not so incomplete that it cannot serve as Department has analyzed these laws and Baosteel Group, Benxi, Panzhihua, and a reliable basis for reaching the found that they establish an absence of WISCO have met the criteria for the applicable determination; (4) the de jure control. See, e.g., Notice of Final application of a separate rate. Determination of Sales at Less Than interested party has demonstrated that it Fair Value: Certain Partial-Extension The People’s Republic of China-Wide acted to the best of its ability; and (5) Steel Drawer Slides with Rollers from Rate 2 As explained above, for the preliminary the People’s Republic of China, 60 FR All exporters were given the determination we have found that Yi Chang did not 54472, 54474 (October 24, 1995). We opportunity to respond to the have any exports of the subject merchandise to the have no information in this proceeding Department’s questionnaire. As United States during the POI.
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the information can be used without Accordingly, for the preliminary record of the processing time for undue difficulties. determination, the China-wide rate is different size of products for the cost Section 776(a)(2)(B) of the Act 67.44 percent. Because this is a accounting purpose, they are not able to requires the Department to use facts preliminary margin, the Department allocate their cost among the products available when a party does not provide will consider all margins on the record based upon the physical characteristics, the Department with information by the at the time of the final determination for such as width and thickness. In its April established deadline or in the form and the purpose of determining the most 2, 2001 response, Firm B of the Baosteel manner requested by the Department. In appropriate final China-wide margin. Group claimed that as it produced generally low-alloy hot-rolled products addition, section 776(b) of the Act B. Angang and Benxi provides that, if the Department finds with a small range of carbon content, that an interested party ‘‘has failed to Angang and Benxi failed to report the yield rate of raw materials at the cooperate by not acting to the best of its freight information for all of their rolling process does not vary according ability to comply with a request for reported inputs. This information was to different slab and hot-rolled sheet. requested twice by the Department, first information,’’ the Department may use Furthermore, Firm B maintained that in the original questionnaire dated information that is adverse to the the cost of hot-rolled coils is only January 4, 2001, and again in a interests of that party as facts otherwise separately recorded and assigned to supplemental questionnaire dated available. major categories of products at the March 12, 2001. Because Angang and rolling process (e.g., hot-rolled strips, A. China Wide Rate Benxi failed to provide this information, checkered steel sheet, medium and the Department, in accordance with In the case of the single Chinese small size thick hot-rolled coils). section 776(a) of the Act, is basing its In their April 13, 2001 response, enterprise, as explained above, some freight expense calculation on the facts petitioners argued that because Baosteel exporters of the single enterprise failed otherwise available. This information is Group failed to submit factors of to respond to the Department’s request important because the Department production data which account for for information. Pursuant to section needs it to calculate the freight expense differences in cost related to products of 776(a) of the Act, in reaching our component of the cost of Angang’s and varying thicknesses, the Department preliminary determination, we have Benxi’s factors of production. Because should apply adverse facts available. used total facts available for the China- we find that Angang and Benxi failed to However, based on the claims of wide rate because certain entities did cooperate by not acting to the best of Baosteel Group and the data it not respond. Also, because some their ability to comply with our request submitted, we preliminarily determine exporters of the single enterprise failed that they provide the freight expense that respondents assigned factor usages to respond to the Department’s requests data, we are making, pursuant to section to products to the level of specificity for information, the Department has 776(b) of the Act, an adverse inference permitted by their cost accounting found that the single enterprise failed to in selecting from the facts otherwise systems. As Baosteel Group appears to cooperate to the best of its ability. available. Therefore, as facts available, have responded to the best of its ability, Therefore, pursuant to section 776(b) of we applied the highest freight expense it is not appropriate to draw an adverse the Act, the Department preliminarily calculated for each respondent’s inputs inference in applying facts available as finds that, in selecting from among the to those inputs for which freight advocated by petitioners in their April facts available, an adverse inference is information was not reported. 12, 2001 submission. Additionally, appropriate. For our preliminary although the reported factors of determination, as adverse facts C. Baosteel Group, Firm A of Baosteel Group, and Firm B of Baosteel Group production were not on a model-specific available, we have used the highest rate basis, there is no data on the record to calculated for a respondent, i.e., the rate Respondent Baosteel Group reported suggest that the reported factor amounts calculated for Benxi. In an investigation, that it sold 63 unique models of hot- did not accurately reflect the factor if the Department chooses as facts rolled products to the United States amounts associated with all subject available a calculated dumping margin during the POI; however, Baosteel merchandise. Finally, we are unable to of another respondent, the Department Group calculated unique factors of adjust the reported factors of production will consider information reasonably at production costs for only seven product due to the broad basis on which the its disposal as to whether there are categories. Similarly, Firm A and Firm costs were accumulated and the lack of circumstances that would indicate that B of the Baosteel Group also did not information on the record on how to using that rate is appropriate. Where report unique factors of production for appropriately adjust these costs. circumstances indicate that the selected every model of hot-rolled steel sold to Consequently, we have determined to margin may not be appropriate, the the United States during the POI by use their data for the preliminary Department will attempt to find a more Baosteel Group. In our supplemental determination. We intend to fully appropriate basis for facts available. See, questionnaires to Baosteel Group, Firm examine this issue at verification and e.g., Fresh Cut Flowers from Mexico; A of the Baosteel Group, and Firm B of for the final determination. Final Results of Antidumping Duty the Baosteel Group, we requested that Administrative Review, 61 FR 6812, they revise their response to calculate a Surrogate Country 6814 (February 22, 1996) (where the unique set of FOP data for each control When the Department is investigating Department disregarded the highest number produced and sold in the imports from an NME country, section margin as adverse best information United States market, taking into 773(c)(1) of the Act directs it to base NV, available because the margin was based account the physical characteristics that in most circumstances, on the NME on another company’s uncharacteristic distinguish each product. In their April producer’s factors of production, valued business expense resulting in an 2, 2001 response and April 10, 2001 in a surrogate market economy country unusually high margin). In this response, Baosteel Group and Firm A of or countries considered to be investigation, there is no indication that Baosteel Group, respectively, appropriate by the Department. In the highest calculated margin is maintained that because they produce a accordance with section 773(c)(4) of the inappropriate to use as adverse facts relatively narrow size range of hot- Act, the Department, in valuing the available. rolled products and do not keep the factors of production, shall utilize, to
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the extent possible, the prices or costs Export Price and Constructed Export neither Baosteel International nor of factors of production in one or more Price Baosteel America incurs any movement market economy countries that are at a In accordance with section 772(a) of expenses. Baosteel Group explained that level of economic development the Act, for respondents Angang and three invoices are issued for each U.S. comparable to the NME country and are Benxi we used EP because the subject sales transaction. The first invoice is significant producers of comparable merchandise was sold directly to issued by Baoshan Co., Ltd. to Baosteel merchandise. The sources of the unaffiliated customers in the United International after the goods are shipped surrogate factor values are discussed States prior to importation and because out. The second invoice is issued by under the NV section below. CEP was not otherwise indicated. As Baosteel International to Baosteel The Department has determined that explained below, for Baosteel Group we America upon shipment to the port. The India, Pakistan, Indonesia, Sri Lanka third invoice is issued by Baosteel used CEP. In accordance with section and the Phillippines are countries America to the unaffiliated U.S. 777A(d)(1)(A)(i) of the Act, we comparable to the PRC in terms of customer after receiving the invoice compared POI-wide weighted-average economic development. See from Baosteel International. Baosteel Memorandum from Jeffrey May to EPs or CEPs to the NVs. We calculated EP based on prices to Group maintains that title does not Edward Yang: Antidumping Duty transfer to Baosteel America and the unaffiliated purchasers in the United Investigation on Certain Hot-Rolled goods do not enter Baosteel America’s States. For Angang we made deductions, Carbon Steel Flat Products from the inventory. The U.S. customer pays where appropriate, for foreign inland People’s Republic of China, dated Baosteel America, which then makes freight, insurance, and ocean freight. January 11, 2001. Customarily, we select payment to Baosteel International. Because certain domestic charges, such an appropriate surrogate based on the Baosteel International pays Baoshan Co., as those for foreign inland freight, availability and reliability of data from Ltd. after receiving payment from insurance, and ocean freight, were these countries. For PRC cases, the Baosteel America. The U.S. customer provided by NME companies, we valued primary surrogate has often been India may request technical service or make those charges based on surrogate rates if it is a significant producer of warranty claims through Baosteel comparable merchandise. In this case, from India. See Factor Valuation America, although according to Baosteel we have found that India is a significant Memorandum. For Benxi, we made Group, Baosteel International must producer of comparable merchandise. deductions, where appropriate, for authorize approval for all claims. See We used India as the primary foreign inland freight and brokerage and Section A Questionnaire Response surrogate country and, accordingly, we handling. Because these factors were (February 8, 2001), Sections C and D have calculated NV using Indian prices provided by NME companies, we based Questionnaire Response (February 26, to value the PRC producers’ factors of them on surrogate rates from India. See 2001) Section A Supplemental production, when available and Factor Valuation Memorandum. Questionnaire Response (March 8, appropriate. See Surrogate Country Baosteel Group classified all of its 2001), and Supplemental Section A, C, Selection Memorandum to The File from sales of the subject merchandise in the and D Questionnaire Response (April 2, Catherine Bertrand, Case Analyst, dated United States as EP sales in its 2001). April 23, 2001, (‘‘Surrogate Country questionnaire response. All of Baosteel Because the contracts on which Memorandum’’). We have obtained and Group’s U.S. sales of subject Baosteel Group’s U.S. sales were based relied upon publicly available merchandise were made prior to were between Baosteel America and its information wherever possible. See importation through Baosteel America unaffiliated U.S. customers and Baosteel Factor Valuation Memorandum to The Inc. (‘‘Baosteel America’’), a U.S. based America invoiced and received payment File from Case Analysts, dated April 23, affiliated reseller. from the unaffiliated U.S. customer, the 2001 (‘‘Factor Valuation We examined the facts surrounding Department preliminarily determines Memorandum’’). the U.S. sales process. The initial point that Baosteel Group’s U.S. sales were In accordance with section of contact for all customer inquiries is made ‘‘in the United States’’ within the 351.301(c)(3)(i) of the Department’s Baosteel Group International Trade meaning of section 772(b) of the Act, regulations, for the final determination Corporation (‘‘Baosteel International’’), and, thus, should be treated as CEP in an antidumping investigation, the trading company owned by Baosteel transactions. This is consistent with AK interested parties may submit publicly Group and exporter of all of Baosteel Steel Corp. v. United States, 226 F.3d available information to value factors of Group’s sales of the subject 1361, 1374 (Fed. Cir. 2000). production within 40 days after the date merchandise. Subsequent contacts with We calculated weighted-average CEPs of publication of this preliminary the customer may go through Baosteel for Baosteel Group’s U.S. sales made in determination. America since due to the time difference the United States through its U.S. between the United States and the PRC, affiliate. We based CEP on FOB Fair Value Comparisons Baosteel America serves as a more Shanghai prices to unaffiliated To determine whether sales of certain convenient communication link to purchasers in the United States. We hot-rolled carbon steel flat products to Baosteel International. According to made deductions, where appropriate, the United States by Angang, Benxi, and Baosteel Group, Baosteel International for foreign inland freight from the plant Baosteel Group were made at less than and the U.S. customer negotiate the to the port of exportation and brokerage fair value, we compared export price prices, quantities and other sales terms and handling in accordance with (‘‘EP’’) or constructed export price directly, or through Baosteel America as section 772(c)(2)(A) of the Act. Because (‘‘CEP’’), as appropriate, to NV, as a corresponding intermediary. After these factors were provided by NME described in the ‘‘Export Price and settling sales quantity, price, time of companies, we based them on surrogate Constructed Export Price’’ and ‘‘Normal shipment and other terms of contract, rates from India. To calculate inland Value’’ sections of this notice. In Baosteel International will instruct freight, we multiplied the reported accordance with section Baosteel America to sign a contract with distance from the plant to the port of 777A(d)(1)(A)(i) of the Act, we the designated U.S. customer. Because exit by a surrogate rail rate from India. calculated weighted-average EPs or the terms of sale for all U.S. sales of In accordance with section 772(d)(1) of CEPs. subject merchandise are FOB Shanghai, the Act, we deducted from CEP direct
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and indirect selling expenses (i.e., credit contemporaneity of the data. As Except as noted below, we valued raw and indirect selling expenses) that were appropriate, we adjusted input prices by material inputs using the weighted- associated with Baosteel America’s including freight costs to make them average unit import values derived from economic activities occurring in the delivered prices. For a detailed the Monthly Trade Statistics of Foreign United States. See Baosteel Group description of all surrogate values used Trade of India—Volume II—Imports Analysis Memorandum. for respondents, see Factor Valuation (‘‘Indian Import Statistics’’) for the time Memorandum. Normal Value period corresponding to the POI. Where Citing Department case precedent, POI-specific Indian Import Statistics Section 773(c)(1) of the Act provides respondent Baosteel Group argued in its data were not available, we used Indian that the Department shall determine the March 23, 2001 surrogate value Import Statistics data from an earlier NV using a factors-of-production submission that the Department should period (i.e., April 1, 1998 through methodology if: (1) The merchandise is make deductions to domestic prices to March 31, 1999 or April 1, 1999 through exported from an NME country; and (2) ensure that they are exclusive of India’s March 31, 2000. Also, we valued the information does not permit the Central Sales Tax or any state sales tax. sulfuric acid using Indian Chemical calculation of NV using home-market Consistent with Sebacic Acid from the Weekly data from October 1998 though prices, third-country prices, or People’s Republic of China, Final March 1999. We adjusted the value for constructed value under section 773(a) Results of Antidumping Duty inflation using wholesale price indices of the Act. Administrative Review, 62 Fed. Reg. published in the International Monetary Factors of production include: (1) 65678 (December 15, 1997), where there Fund’s International Financial Statistics Hours of labor required; (2) quantities of was substantial evidence that a and excluded taxes. raw materials employed; (3) amounts of surrogate value based on a domestic We rejected the following values energy and other utilities consumed; price was tax-inclusive, we deducted submitted by respondents and/or and (4) representative capital costs. We sales taxes from the surrogate value. petitioners as aberrational. We rejected used factors of production, reported by Specifically, the surrogate value for the POI-specific surrogate value for iron respondents, for materials, energy, sulphuric acid was based on data from ore pellets (HTS 26011201) provided by labor, by-products, and packing. We Indian Chemical Weekly, which was respondent Baosteel Group because the valued all the input factors using recently used in the antidumping value of $0.29 per MT was aberrational publicly available published investigation of bulk aspirin from the when compared with data from the information as discussed in the People’s Republic of China. See ‘‘Surrogate Country’’ and ‘‘Factor Memorandum to Susan Kuhbach, Factor same source from an earlier period, the Valuations’’ sections of this notice. of Production Valuation for the Final value for iron ore available from the In accordance with 19 CFR Determination; Final Determination of Department’s Index of Factor Values for 351.408(c)(1), where a producer sources the Antidumping Duty Investigation of the People’s Republic of China located an input from a market economy and Bulk Aspirin from the People’s Republic at http://www.ia.ita.doc.gov/factorv/prc/ pays for it in market economy currency, of China (‘‘Bulk Aspirin’’) (May 17, material.html, and the market prices the Department employs the actual price 2000). This memorandum was added to paid by Baosteel Group and Angang. paid for the input to calculate the the record as an attachment to Instead, we valued iron ore pellets using factors-based NV. See also Lasko Metal Memorandum to the File, Hot-Rolled the identical HTS number, but for an Products v. United States, 437 F.3d Carbon Steel Products from the People’s earlier period (April 1, 1998 through 1442, 1445–1446 (Fed. Cir. 1994) Republic of China (April 17, 2001). In March 31, 1999). We valued ferro- (‘‘Lasko’’). Respondents Baosteel Group, the Bulk Aspirin factor valuation silicon based on HTS number 72022100 Angang and Benxi reported that some of memorandum, we calculated a lower, (‘‘silicon containing greater than 55% of their inputs were sourced from market tax-exclusive surrogate value for silicon’’) rather than respondent economies and paid for in market sulphuric acid. Consistent with Bulk Baosteel Group’s proposed ferro-silicon economy currency. See ‘‘Factor Aspirin, we have also calculated a tax- value (HTS 72022900 (other ferro- Valuation’’ section below. exclusive surrogate value for sulphuric silicon) based on the fact that Each of the respondents reported acid in this case. respondent Baosteel Group’s data ‘‘self-produced’’ factors among its We added to Indian import surrogate indicated that the specification of the factors of production for energy inputs, values a surrogate freight cost using the ferro-silicon purchased by Baosteel including such factors as electricity, shorter of the reported distance from the Group was of the higher silicon content oxygen, nitrogen, and argon. We domestic supplier to the factory or the material. We note that respondents preliminarily determined to value distance from the nearest seaport to the Benxi and Angang also proposed electricity, oxygen, argon, and nitrogen factory. This adjustment is in valuing ferro-silicon based on Indian through use of surrogate valuation, accordance with the Court of Appeals Import Statistics data for ferro-silicon rather than based on surrogate valuation for the Federal Circuit’s decision in containing more than 55 percent silicon, of the factors going into the production Sigma Corp. v. United States, 117 F.3d albeit for an earlier period. Also, the of those inputs. 1401 (Fed. Cir. 1997). For those Indian Department determined that the Rupee values not contemporaneous surrogate value for slag submitted by Factor Valuations with the POI, we adjusted for inflation both respondents and petitioners was In accordance with section 773(c) of using wholesale price indices published unreliable. According to New Steel, the Act, we calculated NV based on in the International Monetary Fund’s February 1997, pages 24 and 44, slag has factors of production reported by International Financial Statistics. For a relatively low value compared to the respondents for the POI. To calculate those United States dollar denominated price of steel. Because the Indian values NV, the reported per-unit factor values (e.g., for slag, electricity) not for slag were unusually high compared quantities were multiplied by publicly contemporaneous with the POI, we to the price of the subject merchandise, available Indian surrogate values adjusted for inflation using producer the Department has preliminarily used (except as noted below). In selecting the price indices published in the values for slag from the U.S. Geological surrogate values, we considered the International Monetary Fund’s Survey Minerals, Commodities quality, specificity, and International Financial Statistics. Summaries from 1998. See Factor
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Valuation Memorandum. We valued at an intermediary port. Finally, we had purchases from both types of ammonium sulphate, which was weight-averaged the total value of the market economy suppliers for this reported as a by-product for respondent iron ore delivered directly to Baosteel input. Angang, based on Indian Chemical Group (which included freight and Respondents reported the following Weekly and we excluded taxes. The marine insurance expenses) with the packing inputs: Paper, steel strip, steel Indian surrogate value proposed by total value of the iron ore unloaded at clip, steel wires, plastic board, plastic respondents Angang and Benxi an intermediately port to derive a final washers, inner and outer paperboard, represented a sale of only one metric market-based iron ore price per category steel cushions, and steel buckles. We ton. Finally, as the surrogate values for of iron ore reported. used Indian Import Statistics data for oxygen, nitrogen, and argon appeared Firm B of the Baosteel Group reported the POI and for the period April 1, 1998 aberrational compared with valuation that two types of iron ore were through March 31, 1999. See Factor data used for these factors in the Final purchased from market economy Valuation Memorandum. Determination of Sales at Less Than suppliers, namely, iron ore powder and We used Indian transport information Fair Value: Certain Cut-to-Length iron ore lumps. The evidence provided to value transport for raw materials. For Carbon Steel Plate from the People’s by Firm B of Baosteel Group indicated all instances in which respondents Republic of China (CTL Plate), 62 FR that its market economy purchases of reported delivery by truck, to calculate 61964, (November 20, 1997) we relied iron ore were significant. See March 12, domestic inland freight (truck), we used on October 1996 price information from 2001 submission of Firm B of Baosteel a price quote from an Indian trucking Bhoruka Gases Limited, an Indian Group at D–7. The Department has company for transporting materials manufacturer of Industrial Gases for determined to use the FOB Firm B between Mumbai and Surat (263 surrogate values for oxygen, nitrogen, prices as reported, in accordance with kilometers), which was provided in and argon gases. This information was 19 CFR 351.408(c)(1). We added to Exhibit 32 to Baosteel Group’s March adjusted for inflation using data from weighted-average price for each input 23, 2001 surrogate value submission. the International Monetary Fund’s the weighted-average reported amount We converted the Indian Rupee value to International Financial Statistics. for freight. U.S. dollars and adjusted for inflation As explained in the preamble to 19 through the POI. Similarly, for domestic As explained above, respondents CFR 351.408(c)(1), where the quantity of inland freight (rail), we used freight Baosteel Group and Angang sourced the input purchase was insignificant, we rates as quoted from Indian Railway certain raw material inputs from market do not rely on the price paid by an NME Conference Association price lists, economy suppliers and paid for them in producer to a market economy supplier. which was provided in Exhibit Z to the market economy currencies. See Antidumping Duties; Countervailing November 22, 2000, amendment to Specifically, Baosteel Group, Firm B of Duties; Final Rule, 62 FR 27296, 27366 petition in this case. We used the rate the Baosteel Group, and Angang sourced (May 17, 1997). Benxi’s reported for distances between 741–750 iron ore from market economy information demonstrates that the kilometers (the lowest distance reported suppliers. Respondent Baosteel Group quantity of one of its inputs which it on the schedule) since all of the reported that four types of iron ore were sourced from market economy suppliers respondents are located less than 500 purchased from market economy was so small as to be insignificant when kilometers from the port of exit. We suppliers, namely, iron ore powder, compared to the quantity of the same converted the Indian Rupee value to lump iron ore powder, titanium iron ore input it sourced from PRC suppliers. U.S. dollars and adjusted for inflation and pellet iron powder. The evidence See Factor Valuation Memorandum for through the POI. provided by Baosteel Group indicated the precise volumes. Therefore, as the To value inland insurance, we used that its market economy purchases of amount of this reported market the Department’s recently revised Index iron ore were significant. See Exhibits 4 economy input is insignificant, we did of Factor Values for Use in and 9 of Baosteel Group’s February 26, not use the price paid by Benxi for this Antidumping Duty Investigations 2001 submission. The Department has input and instead used Indian Import Involving Products from the PRC determined to use the FOB Baosteel Statistics data, as adjusted for inflation. (available on the Department’s website.) Group prices as reported, in accordance To value electricity, we used 1997 We converted the Indian Rupee value to with 19 CFR 351.408(c)(1). However, for data reported as the average Indian U.S. dollars and adjusted for inflation that portion of the iron ore powder, domestic prices within the category through the POI. To value marine lump iron ore powder, and pellet iron ‘‘Electricity for Industry,’’ published in insurance and brokerage and handling powder shipments which were the International Energy Agency’s we used a publicly summarized version unloaded at an intermediary port, we publication, Energy Prices and Taxes, of the average value for marine have added an Indian surrogate river Fourth Quarter, 1999, as adjusted for insurance expenses and brokerage and transport freight expense, given that the inflation. handling expenses reported in Certain data indicates that the prices reported Angang purchased iron ore fines and Stainless Steel Wire Rod from India; did not account for these additional lump iron ore from market economy Final Results of Antidumping Duty expenses. Also, Baosteel Group reported suppliers during the POI, one of which Administrative and New Shipper that for certain of the imported iron ore was an affiliated joint venture. We Reviews, 64 FR 856 (January 6, 1999). imports, the marine insurance was compared the prices paid to the To value river transport, we used the provided by a non-market economy affiliated supplier with the prices paid surrogate value for river freight used in supplier. Where Baosteel Group to unaffiliated suppliers (both to Angang the Preliminary Determination of Sales reported that the marine insurance was and Baosteel) and found that price from at Less Than Fair Value and provided by an NME supplier, we the affiliated supplier was within the Postponement of Final Determination: valued marine insurance from an Indian same range as those from the Certain Cold-Rolled Flat-Rolled Carbon company (see below). We then added unaffiliated suppliers. After having Quality Steel Products From The the freight and shipment expenses as conducted this test, we calculated a People’s Republic of China (‘‘Cold- well as a marine insurance expense to weighted average of the affiliated and Rolled Steel from the PRC’’), 65 FR 1117 a weighted-average FOB Baosteel Group unaffiliated purchases to arrive at the (January 7, 2000). No party submitted a price to account for materials delivered price for iron ore fines, because Angang surrogate value for ocean freight.
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Therefore, to value ocean freight, we Verification the domestic industry in the United used the same methodology as in CTL As provided in section 782(i)(1) of the States is materially injured, or Plate and the initiation of this case. We Act, we intend to verify all company threatened with material injury, by calculated the total cost, insurance, information relied upon in making our reason of imports, or sales (or the freight (CIF) value for imports of subject final determination. likelihood of sales) for importation, of merchandise into the United States the subject merchandise. during the POI, subtracted the insurance Rate for Producers/Exporters That and freight exclusive total Free Responded Only to Separate Rates Public Comment Questionnaire Alongside (FAS) value, and divided the Case briefs or other written comments remainder by the total volume of POI For those PRC producers/exporters may be submitted to the Assistant importations of subject merchandise to that responded to our separate rates Secretary for Import Administration no questionnaire but did not respond to the arrive at a per unit value. See Factor later than fifty days after the date of full antidumping questionnaire because Valuation Memorandum. publication of this notice, and rebuttal they were not selected to respond (i.e., Respondents identified a number of briefs, limited to issues raised in case by-products which they claimed are Panzhihua and WISCO), we have calculated a weighted-average margin briefs, no later than fifty-five days after recovered in the production process based on the rates calculated for those the date of publication of this and/or sold. However, for certain of the producers/exporters that were selected preliminary determination. See 19 CFR claimed by-products the responses are to respond. See, e.g., Notice of Final 351.309(c)(1)(i); 19 CFR 351.309(d)(1). A unclear as to how the various inputs are Determination of Sales at Less Than list of authorities used and an executive re-entered into the production process. Fair Value: Freshwater Crawfish Tail summary of issues should accompany Therefore, the Department has only Meat From the People’s Republic of any briefs submitted to the Department. offset the respondents’ cost of China, 62 FR 41347, 41350 (August 1, This summary should be limited to five production by the amount of a reported 1997). pages total, including footnotes. In by-product (or a portion thereof) where accordance with section 774 of the Act, respondents’ responses indicated that it Suspension of Liquidation we will hold a public hearing, if was sold and/or where the record In accordance with section 733(d) of requested, to afford interested parties an evidence clearly demonstrates that the the Act, we are directing the U.S. opportunity to comment on arguments by-product was re-entered into the Customs Service to suspend liquidation raised in case or rebuttal briefs. production process. We intend to of all imports of subject merchandise Tentatively, any hearing will be held examine this issue more closely at entered, or withdrawn from warehouse, fifty-seven days after publication of this verification for all respondents. See for consumption on or after the date of notice at the U.S. Department of Factor Valuation Memorandum for a publication of this notice in the Federal Commerce, 14th Street and Constitution complete discussion of by-product Register. We will instruct the U.S. Avenue, NW., Washington, DC 20230, at credits given and the surrogate values Customs Service to require a cash a time and location to be determined. used. deposit or the posting of a bond equal Parties should confirm by telephone the To value factory overhead, and to the weighted-average amount by date, time, and location of the hearing selling, general and administrative which the NV exceeds the EP or CEP, as two days before the scheduled date. expenses (‘‘SG&A’’), we calculated indicated below. These suspension-of- Interested parties who wish to request a simple average rates based on financial liquidation instructions will remain in hearing, or to participate if one is information from two Indian integrated effect until further notice. The requested, must submit a written steel producers, SAIL and Tata. For weighted-average dumping margins are request to the Assistant Secretary for profit, we used information from Tata. as follows: Import Administration, U.S. Department Although respondents requested that we of Commerce, Room 1870, within 30 use financial information from another Weighted-av- Exporter/manufacturer erage percent days of the date of publication of this Indian steel producer, that steel margin notice. See 19 CFR 351.310(c). Requests producer is a mini-mill, and its financial should contain: (1) The party’s name, information would be less comparable Angang Group International address, and telephone number; (2) the to that of the respondents, as the Trade Corporation ...... 64.77 number of participants; and (3) a list of respondents operate integrated steel Shanghai Baosteel Group Corporation ...... 40.74 the issues to be discussed. At the production facilities. (For a further hearing, each party may make an discussion of the surrogate values for Benxi Iron & Steel Group Co., Ltd...... 67.44 affirmative presentation only on issues overhead, SG&A and profit, see Factor Panzhihua Iron & Steel raised in that party’s case brief, and may Valuation Memorandum.) (Group) Company ...... 44.47 make rebuttal presentations only on For labor, consistent with section Wuhan Iron & Steel Group arguments included in that party’s Corporation ...... 44.47 351.408(c)(3) of the Department’s rebuttal brief. See 19 CFR 351.310(c). regulations, we used the PRC regression- China-Wide ...... 67.44 If this investigation proceeds based wage rate at Import normally, we will make our final Administration’s home page, Import International Trade Commission determination no later than 75 days Library, Expected Wages of Selected Notification NME Countries, revised in May 2000 In accordance with section 733(f) of after the date of the preliminary (see http://ia.ita.doc.gov/wages). The the Act, we have notified the ITC of our determination. source of the wage rate data on the determination of sales at LTFV. If our This determination is issued and Import Administration’s Web site is the final determination is affirmative, the published in accordance with sections 1999 Year Book of Labour Statistics, ITC will determine before the later of 733(f) and 777(i)(1) of the Act. Effective International Labor Office (Geneva: 120 days after the date of this January 20, 2001, Bernard T. Carreau is 1999), Chapter 5B: Wages in preliminary determination or 45 days fulfilling the duties of the Assistant Manufacturing. after our final determination whether Secretary for Import Administration.
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Dated: April 23, 2001. Ukraine, 65 FR 77568 (December 12, SRL, Sidex International, Plc (jointly, Bernard T. Carreau, 2000) (Initiation Notice). Since the the Sidex Exporters), Deputy Assistant Secretary, Import initiation of these investigations,1 the Metalexportimport, S.A. (MEI), Metanef, Administration. following events have occurred: S.A. (Metanef) and Metagrimex, S.A. [FR Doc. 01–10853 Filed 5–2–01; 8:45 am] The Department set aside a period for (Metagrimex). We issued supplemental BILLING CODE 3510–DS–P all interested parties to raise issues questionnaires to Sidex and the Sidex regarding product coverage. See Exporters, MEI, Metanef and Initiation Notice at 77569. We received Metagrimex on March 12, 2001, and DEPARTMENT OF COMMERCE no comments from any parties in this received responses on March 31, 2001. investigation. The Department did, On February 1, 2001, we invited International Trade Administration however, receive comments regarding interested parties to provide comments [A–485–806] product coverage in the investigation of on the surrogate country selection and hot-rolled carbon steel products from publicly available information for Notice of Preliminary Determination of the Netherlands. In that investigation valuing the factors of production. We Sales at Less Than Fair Value and we received comments from Duracell received comments from both the Postponement of Final Determination: Global Business Management Group on petitioners and the respondents Certain Hot-Rolled Carbon Steel Flat December 11, 2000, from Energizer on regarding surrogate country selection on Products From Romania December 15, 2000, from Bouffard Metal February 6, 2001. Between February 6 Goods, Inc., and Truelove & Maclean, and April 11, 2001, the petitioners and AGENCY: Import Administration, Inc., on December 18, 2000, and from the respondents submitted additional International Trade Administration, Corus Staal BV and Corus Steel U.S.A., comments regarding issues they Department of Commerce. Inc. (collectively referred to as Corus), believed the Department should EFFECTIVE DATE: May 3, 2001. from Thomas Steel Strip Corporation on consider for the purposes of the FOR FURTHER INFORMATION CONTACT: December 26, 2000, and from Rayovac preliminary determination. Christopher Riker or Charles Riggle at Corporation on March 12, 2001. On April 11, 2001, counsel for Sidex (202) 482–0186, (202) 482–0650, On December 28, 2000, the United and the Sidex Exporters, Metanef, MEI respectively; AD/CVD Enforcement, States International Trade Commission and Metagrimex submitted a letter from Office 5, Group II, Import (ITC) preliminarily determined that the Embassy of Romania which stated Administration, Room 1870, there is a reasonable indication that that Gavazzi Steel made no exports of International Trade Administration, imports of the products subject to this subject merchandise to the United U.S. Department of Commerce, 14th investigation are threatening or are States during the POI. materially injuring an industry in the Street and Constitution Avenue, NW., Period of Investigation Washington, DC 20230. United States producing the domestic like product. See Hot-Rolled Steel The POI for HRS from Romania is The Applicable Statute and Regulations Products from Argentina, China, India, April 1, 2000 through September 30, Unless otherwise indicated, all Indonesia, Kazakhstan, Netherlands, 2000. This period corresponds to the citations to the statute are references to Romania, South Africa, Taiwan, two most recent fiscal quarters prior to the provisions effective January 1, 1995, Thailand, and Ukraine, 66 FR 805 the month of the filing of the petition the effective date of the amendments (January 4, 2001). (i.e., November 2000). On January 4, 2001, the Department made to the Tariff Act of 1930 (the Act) Scope of the Investigation by the Uruguay Round Agreements Act issued an antidumping questionnaire to (URAA). In addition, unless otherwise the government of Romania, the For purposes of this investigation, the indicated, all citations to the mandatory respondent in this case. We products covered are certain hot-rolled Department of Commerce (the also sent copies of the questionnaire to carbon steel flat products of a Department) regulations refer to the Gavazzi Steel and Sidex S.A. (Sidex), rectangular shape, of a width of 0.5 inch regulations codified at 19 CFR part 351 both of whom had been identified as or greater, neither clad, plated, nor (2000.) producers/exporters of the subject coated with metal and whether or not merchandise by the petitioners. On painted, varnished, or coated with Preliminary Determination January 30, 2001, we received a letter plastics or other non-metallic We preliminarily determine that from Sidex stating that Gavazzi Steel, a substances, in coils (whether or not in certain hot-rolled carbon steel flat producer of the subject merchandise in successively superimposed layers), products (HRS) from Romania are being, Romania, did not sell the subject regardless of thickness, and in straight or are likely to be, sold in the United merchandise to the United States during length, of a thickness of less than 4.75 States at less than fair value (LTFV), as the period of investigation (POI) and mm and of a width measuring at least provided in section 733 of the Act. The that only HRS produced by Sidex was 10 times the thickness. Universal mill estimated margins of sales at LTFV are exported to the United States during the plate (i.e., flat-rolled products rolled on shown in the Suspension of Liquidation POI. On February 1 and February 26, four faces or in a closed box pass, of a section of this notice. 2001, we received questionnaire width exceeding 150 mm, but not responses from Sidex, Sidex Trading, exceeding 1250 mm, and of a thickness Case History of not less than 4.0 mm, not in coils and This investigation was initiated on 1 The petitioners in these investigations are without patterns in relief) of a thickness December 4, 2000. See Notice of Bethlehem Steel Corporation, Gallatin Steel not less than 4.0 mm is not included Company, IPSCO Steel Inc., LTV Steel Company, Initiation of Antidumping Duty INc., National Steel Corporation, Nucor within the scope of this investigation. Investigations: Certain Hot-Rolled Corporation, Steel Dynamics, Inc., U.S. Steel Group Specifically included within the Carbon Steel Flat Products From (a unit of USX Corporation), Weirton Steel scope are vacuum degassed, fully Argentina, India, Indonesia, Corporation, the Independent Steelworkers Union, stabilized (commonly referred to as and the United Steelworkers of America Kazakhstan, the Netherlands, the (collectively the petitioners). Weirton Steel interstitial-free (IF) steels, high strength People’s Republic of China, Romania, Corporation is not a petitioner in the investigation low alloy (HSLA) steels, and the South Africa, Taiwan, Thailand, and involving (HRS) from the Netherlands. substrate for motor lamination steels. IF
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steels are recognized as low carbon and which have assumed the character communication from the Romanian steels with micro-alloying levels of of articles or products classified outside government on this issue. elements such as titanium or niobium chapter 72 of the HTSUS. When the Department is investigating (also commonly referred to as The merchandise subject to this imports from a NME, section 773(c)(1) columbium), or both, added to stabilize investigation is classified in the HTSUS of the Act directs us to base normal carbon and nitrogen elements. HSLA at subheadings: 7208.10.15.00, value (NV) on the NME producer’s steels are recognized as steels with 7208.10.30.00, 7208.10.60.00, factors of production, valued in a micro-alloying levels of elements such 7208.25.30.00, 7208.25.60.00, comparable market economy that is a as chromium, copper, niobium, 7208.26.00.30, 7208.26.00.60, significant producer of comparable vanadium, and molybdenum. The 7208.27.00.30, 7208.27.00.60, merchandise. The sources of individual substrate for motor lamination steels 7208.36.00.30, 7208.36.00.60, factor prices are discussed under the contains micro-alloying levels of 7208.37.00.30, 7208.37.00.60, Normal Value section, below. 7208.38.00.15, 7208.38.00.30, elements such as silicon and aluminum. Separate Rates Steel products to be included in the 7208.38.00.90, 7208.39.00.15, scope of this investigation, regardless of 7208.39.00.30, 7208.39.00.90, It is the Department’s policy to assign definitions in the Harmonized Tariff 7208.40.60.30, 7208.40.60.60, all exporters of subject merchandise Schedule of the United States (HTSUS), 7208.53.00.00, 7208.54.00.00, subject to investigation in a NME are products in which: (i) Iron 7208.90.00.00, 7211.14.00.90, country a single rate unless an exporter predominates, by weight, over each of 7211.19.15.00, 7211.19.20.00, can demonstrate that it is sufficiently the other contained elements; (ii) the 7211.19.30.00, 7211.19.45.00, independent so as to be entitled to a carbon content is 2 percent or less, by 7211.19.60.00, 7211.19.75.30, separate rate. For purposes of this weight; and (iii) none of the elements 7211.19.75.60, and 7211.19.75.90. ‘‘separate rates’’ inquiry, the Department listed below exceeds the quantity, by Certain hot-rolled carbon steel flat analyzes each exporting entity under the test established in the Final weight, respectively indicated: 1.80 products covered by this investigation, Determination of Sales at Less Than percent of manganese, or 2.25 percent of including: vacuum degassed fully Fair Value: Sparklers from the People’s silicon, or 1.00 percent of copper, or stabilized; high strength low alloy; and Republic of China, 56 FR 20588 (May 6, 0.50 percent of aluminum, or 1.25 the substrate for motor lamination steel 1991) (Sparklers), as amplified in Final percent of chromium, or 0.30 percent of may also enter under the following tariff Determination of Sales at Less Than cobalt, or 0.40 percent of lead, or 1.25 numbers: 7225.11.00.00, 7225.19.00.00, Fair Value: Silicon Carbide from the percent of nickel, or 0.30 percent of 7225.30.30.50, 7225.30.70.00, People’s Republic of China, 59 FR 22585 tungsten, or 0.10 percent of 7225.40.70.00, 7225.99.00.90, (May 2, 1994) (Silicon Carbide). Under molybdenum, or 0.10 percent of 7226.11.10.00, 7226.11.90.30, this test, exporters in NME countries are niobium, or 0.15 percent of vanadium, 7226.11.90.60, 7226.19.10.00, entitled to separate, company-specific or 0.15 percent of zirconium. 7226.19.90.00, 7226.91.50.00, margins when they can demonstrate an All products that meet the physical 7226.91.70.00, 7226.91.80.00, and absence of government control over and chemical description provided 7226.99.00.00. Subject merchandise exports, both in law (de jure) and in fact above are within the scope of this may also enter under 7210.70.30.00, (de facto). investigation unless otherwise 7210.90.90.00, 7211.14.00.30, 7212.40.10.00, 7212.40.50.00, and Evidence supporting, though not excluded. The following products, by requiring, a finding of de jure absence way of example, are outside or 7212.50.00.00. Although the HTSUS subheadings are of government control includes the specifically excluded from the scope: provided for convenience and U.S. following: (1) An absence of restrictive • Alloy hot-rolled steel products in Customs purposes, the written stipulations associated with an which at least one of the chemical description of the merchandise under individual exporter’s business and elements exceeds those listed above investigation is dispositive. export licenses; (2) any legislative (including, e.g., American Society for enactments decentralizing control of Testing and Materials (ASTM) Nonmarket Economy Status companies; and (3) any other formal specifications A543, A387, A514, A517, The Department has treated Romania measures by the government A506). Society of Automotive Engineers as a non-market-economy (NME) decentralizing control of companies. (SAE)/American Iron & Steel Institute country in all past antidumping De facto absence of government (AISI) grades of series 2300 and higher. investigations. See, e.g., Final control with respect to exports is based • Ball bearing steels, as defined in the Determination of Sales at Less Than on the following four criteria: (1) HTSUS. Fair Value: Certain Small Diameter Whether the export prices are set by or • Tool steels, as defined in the Carbon and Alloy Seamless, Standard, subject to the approval of a government HTSUS. Line and Pressure Pipe From Romania, authority; (2) whether each exporter • Silico-manganese (as defined in the 65 FR 39125 (June 23, 2000). A retains the proceeds from its sales and HTSUS) or silicon electrical steel with designation as a NME remains in effect makes independent decisions regarding a silicon level exceeding 2.25 percent. until it is revoked by the Department the disposition of profits or financing of • ASTM specifications A710 and (see section 771(18)(C) of the Act). losses; (3) whether each exporter has A736. On January 3, 2001, we received a autonomy in making decisions • USS abrasion-resistant steels (USS letter from the Romanian regarding the selection of management; AR 400, USS AR 500). Undersecretary of State requesting and (4) whether each exporter has the • All products (proprietary or market economy status. In response, the authority to negotiate and sign otherwise) based on an alloy ASTM Department issued a letter outlining the contracts. (See Silicon Carbide, 59 FR at specification (sample specifications: proper form and procedures for making 22587.) ASTM A506, A507). a request for market economy status. See We have determined, according to the • Non-rectangular shapes, not in Letter from Gary Taverman to the criteria identified in Sparklers and coils, which are the result of having Government of Romania (January 5, Silicon Carbide, that the evidence of been processed by cutting or stamping 2001). There has been no further record demonstrates an absence of
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government control, both in law and in Romania-Wide Rate The information is submitted by the fact, with respect to exports by As in all NME cases, the Department established deadline; (2) the information Metagrimex, Metanef, MEI and the implements a policy whereby there is a can be verified; (3) the information is Sidex Exporters. In the case of rebuttable presumption that all not so incomplete that it cannot serve as Metagrimex, that company was exporters comprise a single entity under a reliable basis for reaching the established as a privately-owned common government control, the ‘‘NME applicable determination; (4) the limited-liability trading company after entity.’’ Therefore, the Department interested party has demonstrated that it Romania began its extensive assigns a single NME rate to the NME acted to the best of its ability; and (5) privatization program in 1990; the entity, unless an exporter can the information can be used without company has never been state-owned demonstrate eligibility for a separate undue difficulties. In selecting from among the facts nor controlled by provincial or local rate. If all exporters, accounting for all otherwise available, section 776(b) of governments. In the case of Metanef and exports of subject merchandise to the the Act authorizes the Department to MEI, although these companies were United States during the POI, use an adverse inference, if the previously state-owned, they have since demonstrate eligibility for a separate Department finds that an interested become privately-held trading rate, the Department will calculate an party failed to cooperate by not acting companies in accordance with ‘‘all others’’ rate as it does in market to the best of its ability to comply with legislative enactments decentralizing economy cases. However, if record the request for information. See, e.g., the companies’ control. Moreover, a evidence suggests that all exporters have Certain Welded Carbon Steel Pipes and review of the corporate governance rules not responded to at least the Tubes From Thailand: Final Results of of each of these three companies Department’s initial shipment Antidumping Duty Administrative indicates that they are only limited by information query, the Department will Review, 62 FR 53808, 53819–20 their respective articles of incorporation rely on its presumption that there is an (October 16, 1997). Section 776(b) of the and bylaws. Specifically, the additional entity under government Act also provides that an adverse information on the record shows that control and will assign a country-wide inference may include reliance on MEI, Metagrimex and Metanef are rate to the NME entity. Such is the information derived from the petition. autonomous in selecting their situation in this investigation. See also Statement of Administrative management, negotiating and signing Specifically, we have been unable to Action (SAA) accompanying the URAA, contracts, setting their own export confirm through a comparison of the H.R. Rep. No. 103–316 at 870 (1994). prices, and retaining their own profits.2 reported data to public sources, that no The SAA, at 870, and section In the case of Sidex and the Sidex other company exported HRS to the 351.308(c)(1) of the Department’s Exporters, although Sidex remains United States during the POI. regulations, clarify that information primarily state-owned, the record In an effort to confirm that all sales of from the petition is ‘‘secondary evidence indicates that the government HRS from Romania were indeed information.’’ If the Department relies exercises no control over the daily accounted for in the reported sales on secondary information as facts operations of the company, and that the volumes for each of the respondents in available, section 776(c) of the Act company operates independently in the this investigation, we compared the provides that the Department shall, to total sales quantity for all four selling of the subject merchandise. In the extend practicable, corroborate such respondents to total imports of HRS the case of Sidex, we note that one of information using independent sources from Romania as reported by the U.S. the seven directors of the company is a reasonably at its disposal. The SAA Customs Service. According to the U.S. government official. Otherwise, Sidex further provides that corroboration Customs Service, total imports of HRS and the Sidex Exporters appear to means simply that the Department will from Romania during the POI were satisfy itself that the secondary operate independent of government significantly higher than the total sales control with respect to the selection of information to be used has probative quantity reported to the Department by value. However, where corroboration is their management, negotiating and the four respondents. See Memorandum signing contracts, setting their own not practicable, the Department may use to the File from Valerie Ellis Regarding uncorroborated information. export prices and retaining their own IM–145 data for POI Imports from On January 4, 2001, we sent an profits. Romania (April 19, 2001). Given this, antidumping questionnaire to the For a complete discussion of the we believe that additional exporters of Government of Romania requesting that Department’s preliminary determination the subject merchandise exist that have they transmit the questionnaire to all of that Metagrimex, Metanef, MEI and the not responded to the Department’s the companies in Romania who produce Sidex Exporters are entitled to separate questionnaire. or export the subject merchandise to the rates, see the April 23, 2001, Section 776(a)(2) of the Act provides United States. There is no record memorandum, Assignment of Separate that, if an interested party (A) withholds evidence as to whether or not they did Rates for Respondents in the information requested by the so. Although we received questionnaire Antidumping Duty Investigation of Department, (B) fails to provide such responses from the exporters named in Certain Hot-Rolled Carbon Steel Flat information by the deadline, or in the the petition, as well as from additional Products from Romania, which is on file form or manner requested, (C) trading companies not named in the in the Central Records Unit (CRU), room significantly impedes a proceeding, or petition, as discussed above, Customs B–099 of the main Commerce (D) provides information that cannot be data indicate that these exporters do not Department Building. verified, the Department shall use, account for all exports of the subject subject to sections 782(d) and (e) of the merchandise to the United States during 2 We note that an issue has been raised as to Act, facts otherwise available in the POI. As a result, the Department whether it is appropriate to assign a margin to any reaching the applicable determination. presumes that there is an additional Romanian company other than Sidex, becasue the Pursuant to section 782(e) of the Act, NME entity that has not responded to evidence on the record may suggest that Sidex has a more direct role in U.S. sales of HRS than is the Department shall not decline to our questionnaire and determination of typically seen in NME cases. This issue will be consider submitted information if all of a country-wide rate is appropriate. examined closely at verification. the following requirements are met: (1) Because the information necessary to
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calculate a country-wide rate is not Export Price with the other Romanian companies, available on the record, we have We used EP methodology in because domestic brokerage and determined the country-wide rate based accordance with section 772(a) of the handling and inland freight were on the facts available, pursuant to Act, because the Sidex Exporters, provided by NME companies, we based section 776(a)(1) of the Act. In addition, Metagrimex, Metanef and MEI sold the those charges on surrogate rates from pursuant to section 776(b) of the Act, we merchandise directly to unaffiliated Egypt. (See the Normal Value section for are using an adverse inference in customers in the United States prior to further discussion.) selecting among the facts otherwise importation, and CEP methodology was Normal Value available because the NME entity failed not otherwise indicated. to cooperate to the best of its ability by A. Surrogate Country 1. The Sidex Exporters not responding to the Department’s Section 773(c)(4) of the Act requires questionnaire. As adverse facts We calculated EP based on packed the Department to value the NME available, we have assigned a rate of FOB Galati prices to the first producer’s factors of production, to the 88.62 percent, the highest rate contained unaffiliated purchaser in the United extent possible, in one or more market in the petition, as the Romania-wide States. Where appropriate, we made economy countries that: (1) are at a level rate. deductions from the starting price (gross of economic development comparable to unit price) for inland freight from the that of the NME country; and (2) are To corroborate the petition rate of plant to the port of embarkation and 88.62 percent, we examined the basis of significant producers of comparable brokerage and handling in Romania. merchandise. The Department initially the rate contained in the petition. In Because domestic brokerage and determined that the Philippines, the accordance with section 776(c) of the handling and inland freight were Dominican Republic and El Salvador are Act, to the extent practicable, we provided by NME companies, we based the countries most comparable to examined the key elements of the export those charges on surrogate rates from Romania in terms of overall economic price and normal value calculations on Egypt. (See the Normal Value section for development. We subsequently which the petition margin calculation further discussion.) included Egypt, Ecuador and Algeria was based. The U.S. price in the petition 2. Metanef among the countries which are was based on import average unit economically comparable to Romania values. Based on a comparison of the We calculated EP based on packed FOB Galati prices to the first because Egypt’s per-capita GNP and U.S. Census Bureau’s official IM–145 overall economic development were import statistics with the average unit unaffiliated purchaser in the United States. Where appropriate, we made also similar to that of Romania. See the values in the petition, we find the deductions from the starting price (gross January 22 and March 30, 2001 export price suggested in the petition to unit price) for inland freight from the memoranda from Jeff May, Director, be consistent with those statistics. The plant to the port of embarkation and Office of Policy to Gary Taverman, normal value was based on a factors of brokerage and handling in Romania. As Director, Office 5, AD/CVD production analysis using public with the Sidex Exporters, because Enforcement. information, reasonably available to the domestic brokerage and handling and According to the information on the petitioners, to value the factors. The inland freight were provided by NME record, we have determined that Egypt petitioners estimated the factors of companies, we based those charges on is a significant producer of products production by using a U.S. company’s surrogate rates from Egypt. (See the comparable to the subject merchandise experience in manufacturing a like Normal Value section for further among the above-referenced potential product during the first nine months of discussion.) surrogate countries, and provides the 2000. Where appropriate, the factors necessary factor price information for were adjusted for known differences 3. Metagrimex most of the factors of production. using publicly available UN Commodity We calculated EP based on packed Accordingly, where possible, we have Trade Statistics. We compared the FOB Galati prices to the first calculated NV using Egyptian prices to factors used by the petitioners in the unaffiliated purchaser in the United value the Romanian producer’s factors petition to the factors provided by the States. Where appropriate, we made of production. We have obtained and respondents and find them to be similar. deductions from the starting price (gross relied upon publicly available In addition, the information used to unit price) for inland freight from the information whenever possible. Where value the factors comes from public, plant to the port of embarkation and we did not have reliable Egyptian published sources. For these reasons, brokerage and handling in Romania. As values, we used values for inputs from we find the petition rate used as adverse with the Sidex Exporters and Metanef, the Philippines, which, to a lesser facts available to be corroborated for the because domestic brokerage and degree, produces comparable products purposes of this investigation. handling and inland freight were to the subject merchandise, as well. provided by NME companies, we based Where the producer purchased factor Fair Value Comparisons those charges on surrogate rates from inputs from a market-economy supplier Egypt. (See the Normal Value section for in significant quantities and paid in a To determine whether sales of the further discussion.) convertible currency, we used the actual subject merchandise by Metagrimex, prices paid to value all of the input. Metanef, MEI and the Sidex Exporters to 4. MEI the United States were made at LTFV, We calculated EP based on packed B. Factors of Production we compared the export price (EP) to FOB Galati prices to the first In accordance with section 773(c) of the NV, as described in the Export Price unaffiliated purchaser in the United the Act, we calculated NV based on and Normal Value sections of this States. Where appropriate, we made factors of production reported by Sidex, notice, below. In accordance with deductions from the starting price (gross the company in Romania that produced section 777A(d)(1)(A)(i) of the Act, we unit price) for inland freight from the hot-rolled carbon steel flat products, for compared POI-wide weighted-average plant to the port of embarkation and the exporters that sold hot-rolled carbon EPs to weighted-average NVs. brokerage and handling in Romania. As steel flat products to the United States
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during the POI. To calculate NV, the for steel coil and coal in bulk from On April 11, 2000, we received a reported unit factor quantities were Alexandria to Hulwan, Egypt, as request from the respondents for multiplied by publicly available adjusted for inflation. postponement of the final determination Egyptian and, where necessary, For brokerage and handling, we used and an extension of the provisional Philippine values. a 1999 rate provided by a trucking and measures. Because the preliminary In selecting the surrogate values, we shipping company located in determination in this case is affirmative, considered the quality, specificity, and Alexandria, Egypt. For further details, the requesting respondents account for contemporaneity of the data. As see Valuation Memorandum. a significant percent of the exports to appropriate, we adjusted input prices to the United States and there is no make them delivered prices. We added Verification compelling reason to deny the to surrogate values a surrogate freight As provided in section 782(i) of the respondents’ request, we have extended cost using the distance from the seaport Act, we will verify all information relied the deadline for issuance of the final to the factory or the reported distance upon in making our final determination. determination in this case until the from the domestic supplier to the 135th day after the date of publication factory, whichever distance was shorter. Suspension of Liquidation of this preliminary determination in the This adjustment is in accordance with In accordance with section 733(d) of Federal Register. the Court of Appeals for the Federal the Act, we are directing the Customs ITC Notification Circuit’s decision in Sigma Corp. v. Service to suspend liquidation of all In accordance with section 733(f) of United States, 117 F. 3d 1401 (Fed. Cir. imports of subject merchandise from the Act, we have notified the ITC of our 1997). For those freight values not Romania entered, or withdrawn from determination. If our final contemporaneous with the POI, we warehouse, for consumption on or after determination is affirmative, the ITC adjusted for inflation using consumer the date of publication of this notice in will determine by the later of 120 days price indices published in the the Federal Register. We will instruct International Monetary Fund’s after the date of this preliminary the Customs Service to require a cash International Financial Statistics. determination or 45 days after our final deposit or the posting of a bond equal We valued material inputs and determination whether these imports packing material by Harmonized Tariff to the weighted-average amount by are materially injuring, or threaten Schedule (HTS) number, using imports which the NV exceeds the EP, as material injury to, the U.S. industry. statistics from the UN Commodity Trade indicated in the chart below. These Public Comment Statistics for 1998. Where a material suspension of liquidation instructions input was purchased in a market- will remain in effect until further notice. In accordance with 19 CFR 351.224, economy currency from a market- the Department will disclose to the Margin parties the details of its antidumping economy supplier, we valued all of the Exporter/manufacturer (percent) input at the actual purchase price in calculations. Case briefs will be due two accordance with section 351.408(c)(1) of Sidex Trading, SRL & Sidex Inter- weeks after the issuance of the final the Department’s regulations. For a national, Plc ...... 22.97 verification report in conjunction with complete analysis of surrogate values, Metanef, S.A ...... 32.36 this investigation. Rebuttal briefs must see the April 23, 2001 memorandum, Metagrimex, S.A ...... 33.40 be filed within five business days after Factors of Production Valuation for Metalexportimport,S.A ...... 25.60 the deadline for submission of case Romania-Wide ...... 88.62 Preliminary Determination (Valuation briefs. A list of authorities used, a table Memorandum), on file in the CRU. of contents, and an executive summary We valued labor using the method The Romania-wide rate applies to all of issues should accompany any briefs described in 19 CFR 351.408(c)(3). entries of the subject merchandise submitted to the Department. Executive To value electricity, we used the except for entries from exporters/ summaries should be limited to five electricity rates for Egypt reported in the producers that are identified pages total, including footnotes. Public January 2000 Middle East and North individually above. versions of all comments and rebuttals should be provided to the Department Africa Region Infrastructure Postponement of Final Determination and made available on diskette. Section Development Unit publication Republic and Extension of Provisional Measures of Yemen Comprehensive Development 774 of the Act provides that the Review (Phase I) Power and Energy Section 735(a)(2) of the Act provides Department will hold a hearing to afford Sector Report. that a final determination may be interested parties an opportunity to We based our calculation of postponed until not later than 135 days comment on arguments raised in case or depreciation, selling, general and after the date of publication of the rebuttal briefs, provided that such a administrative (SG&A) expenses and preliminary determination if, in the hearing is requested by any interested profit from the financial statements of event of an affirmative preliminary party. If a request for a hearing is made Alexandria National Iron and Steel determination, a request for such in an investigation, the hearing will Works, an Egyptian producer of postponement is made by exporters who tentatively be held two days after the products comparable to the subject account for a significant portion of deadline for submission of the rebuttal merchandise. We were unable to exports of the subject merchandise or, if briefs, at the U.S. Department of calculate an appropriate overhead ratio in the event of a negative determination, Commerce, 14th Street and Constitution from any of the information on the a request for such postponement is Avenue, NW., Washington, DC 20230. record. made by the petitioners. The In the event that the Department To value truck and rail freight rates, Department’s regulations, at 19 CFR receives requests for hearings from we used a 1999 rate, adjusted for 351.210(e)(2), require that requests by parties to more than one HRS case, the inflation, provided by the Egyptian the respondents for postponement of a Department may schedule a single Consulting House, a member of AGN final determination be accompanied by hearing to encompass all cases. Parties International. For barge transportation, a request for extension of provisional should confirm by telephone the time, we valued barge rates using an Egyptian measures from a four-month period to date, and place of the hearing 48 hours rate from an Egyptian freight forwarder not more than six months. before the scheduled time.
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Interested parties who wish to request products (HR) from Thailand are being and Zaporizhstal, respondent in the a hearing, or to participate if one is sold, or are likely to be sold, in the Ukraine investigation (January 3, 2001). requested, must submit a written United States at less than fair value Petitioners agreed with the request within 30 days of the (LTFV), as provided in section 733 of Department’s proposed characteristics publication of this notice. Requests the Act. The estimated margins of sales and hierarchy of characteristics. Corus should specify the number of at LTFV is shown in the ‘‘Suspension of suggested adding a product participants and provide a list of the Liquidation’’ section of this notice. characteristic to distinguish prime merchandise from non-prime issues to be discussed. Oral Case History presentations will be limited to issues merchandise. Neither Iscor nor raised in the briefs. On December 4, 2000, the Department Zaporizhstal proposed any changes to As noted above, the final initiated antidumping investigations of either the list of product characteristics determination will be issued within 135 HR products from Argentina, India, proposed by the Department or the days after the date of publication of this Indonesia, Kazakhstan, the Netherlands, hierarchy of those product preliminary determination. the People’s Republic of China, characteristics but, rather, provided This determination is issued and Romania, South Africa, Taiwan, information relating to its own products published pursuant to sections 733(f) Thailand, and Ukraine. See Initiation of that was not relevant in the context of and 777(i)(1) of the Act. Effective Antidumping Duty Investigation: determining what information to January 20, 2001, Bernard T. Carreau is Certain Hot-Rolled Carbon Steel Flat include in the Department’s fulfilling the duties of the Assistant Products from Argentina, India, questionnaires. For purposes of the Secretary for Import Administration. Indonesia, Kazakhstan, the Netherlands, questionnaires subsequently issued by the People’s Republic of China, the Department to the respondents, no Dated: April 23, 2001. Romania, South Africa, Taiwan, changes were made to the product Bernard T. Carreau, Thailand, and Ukraine, 65 FR 77568 characteristics or the hierarchy of those Deputy Assistant Secretary, Import (December 12, 2000) (Initiation Notice). characteristics from those originally Administration. The petitioners in this investigation are proposed by the Department in its [FR Doc. 01–10854 Filed 5–2–01; 8:45 am] Bethlehem Steel Corporation, LTV Steel December 22, 2000 letter. With respect BILLING CODE 3510–DS–P Company, Inc., National Steel to Corus’ request, the additional product Corporation, U.S. Steel Group (a Unit of characteristic suggested by Corus, to USX Corporation), Gallatin Steel distinguish prime from non-prime DEPARTMENT OF COMMERCE Company, IPSCO Steel Inc., Nucor merchandise, is unnecessary. The Corporation, Steel Dynamics, Inc., Department already asks respondents to International Trade Administration Weirton Steel Corporation, and distinguish prime from non-prime [A–549–817] Independent Steelworkers Union. Since merchandise in field number 2.2 ‘‘Prime the initiation of this investigation the vs. Secondary Merchandise.’’ See the Notice of Preliminary Determination of following events have occurred. Department’s Antidumping Duty Sales at Less Than Fair Value: Certain The Department set aside a period for Questionnaire, at B–7 and C–7. These Hot-Rolled Carbon Steel Flat Products all interested parties to raise issues fields are used in the model match From Thailand regarding product coverage. See program to prevent matches of prime Initiation Notice at 77569. We received merchandise to non-prime merchandise. AGENCY: Import Administration, no comments from any parties in this On December 28, 2000, the United International Trade Administration, investigation. The Department did, States International Trade Commission Department of Commerce. nowever, receive comments regarding (ITC) notified the Department of its EFFECTIVE DATE: May 3, 2001. product coverage in the investigation of affirmative preliminary injury FOR FURTHER INFORMATION CONTACT: hot-rolled carbon steel products from determination on imports of subject Angelica Mendoza or Nancy Decker at the Netherlands. In that investigation merchandise from Argentina, India, (202) 482–3019 and (202) 482–0196, we received comments from Duracell Indonesia, Kazakhstan, the Netherlands, respectively; AD/CVD Enforcement, Global Business Management Group on the People’s Republic of China, Office 8, Group III, Import December 11, 2000, from Eveready Romania, South Africa, Taiwan, Administration, International Trade Battery Co., Inc., on December 15, 2000, Thailand, and Ukraine. On January 4, Administration, U.S. Department of from Bouffard Metal Goods, Inc., and 2001, the ITC published its preliminary Commerce, 14th Street and Constitution Truelove & Maclean, Inc., on December determination that there is a reasonable Avenue, NW., Washington, DC 20230. 18, 2000, and from Corus Staal BV and indication that an industry in the Corus Steel U.S.A., Inc., and Thomas United States is materially injured by The Applicable Statute and Regulations Steel Strip Corporation on December 27, reason of imports of the subject Unless otherwise indicated, all 2000. merchandise from Argentina, India, citations to the statute are references to On December 22, 2000, the Indonesia, Kazakhstan, the Netherlands, the provisions effective January 1, 1995, Department issued a letter to interested the People’s Republic of China, the effective date of the amendments parties in all of the concurrent HR Romania, South Africa, Taiwan, made to the Tariff Act of 1930 (the Act) products antidumping investigations, Thailand, and Ukraine. See Hot-Rolled by the Uruguay Round Agreements Act providing an opportunity to comment Steel Products from Argentina, India, (URAA). In addition, unless otherwise on the Department’s proposed model Indonesia, Kazakhstan, the Netherlands, indicated, all citations to the matching characteristics and hierarchy. the People’s Republic of China, Department of Commerce (Department) Comments were submitted by: Romania, South Africa, Taiwan, regulations are to the regulations at 19 petitioners (January 5, 2001); Corus Thailand, and Ukraine, 66 FR 805–02 CFR part 351 (April 2000). Staal BA and Corus Steel USA Inc., (January 4, 2001). (Corus), respondent in the Netherlands On January 4, 2001, the Department Preliminary Determination investigation (January 3, 2001); Iscor issued all sections of its antidumping We preliminarily determine that Limited (Iscor), respondent in the South duty questionnaire to Sahaviriya Steel certain hot-rolled carbon steel flat Africa investigation (January 3, 2001); Industries Public Co., Ltd. (SSI), Siam
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Strip Mill Public Co., Ltd. (SSM), and Scope of Investigation above are within the scope of this Nakornthai Strip Mill Public Co., Ltd. For purposes of this investigation, the investigation unless otherwise (Nakornthai). Prior to issuing the products covered are certain hot-rolled excluded. The following products, by antidumping duty questionnaire, the carbon steel flat products of a way of example, are outside or Department received a letter, dated rectangular shape, of a width of 0.5 inch specifically excluded from the scope of December 25, 2000, from Nakornthai or greater, neither clad, plated, nor this investigation: level exceeding 2.25 indicating that its mill was not in percent. coated with metal and whether or not • operation and that it made no sales of painted, varnished, or coated with Alloy hot-rolled steel products in subject merchandise during the period plastics or other non-metallic which at least one of the chemical of investigation (POI). On January 16, substances, in coils (whether or not in elements exceeds those listed above 2001, the Department received successively superimposed layers), (including, e.g., ASTM specifications Nakornthai’s response to Section A of regardless of thickness, and in straight A543, A387, A514, A517, A506). • Society of Automotive Engineers the questionnaire which further stated lengths of a thickness of less than 4.75 (SAE)/American Iron and Steel Institute that it was not in operation during the mm and of a width measuring at least POI and, therefore, should not be (AISI) grades of series 2300 and higher. 10 times the thickness. Universal mill • Ball bearings steels, as defined in subject to this investigation. On January plate (i.e., flat-rolled products rolled on 18, 2001, Nakornthai submitted the HTS. four faces or in a closed box pass, of a • Tool steels, as defined in the HTS. additional evidence regarding its non- width exceeding 150 mm, but not • Silico-manganese (as defined in the production of merchandise subject to exceeding 1250 mm, and of a thickness HTS) or silicon electrical steel with a this investigation. On January 24, 2001, of not less than 4.0 mm, not in coils and silicon the Department issued a letter without patterns in relief) of a thickness • ASTM specifications A710 and indicating that based on Nakornthai’s not less than 4.0 mm is not included A736. response to Section A of the within the scope of this investigation. • USS Abrasion-resistant steels (USS questionnaire that it was not currently Specifically included within the scope AR 400, USS AR 500). required to respond to Sections B, C, of this investigation are vacuum • All products (proprietary or and D. The Department did not receive degassed, fully stabilized (commonly otherwise) based on an alloy ASTM a response to any section of the referred to as interstitial-free (IF)) steels, specification (sample specifications: questionnaire from SSM. On January 25, high strength low alloy (HSLA) steels, ASTM A506, A507). 2001, the Department received SSI’s and the substrate for motor lamination • Non-rectangular shapes, not in response to Section A of the steels. IF steels are recognized as low coils, which are the result of having questionnaire. On February 16, 2001, carbon steels with micro-alloying levels been processed by cutting or stamping petitioners filed comments on SSI’s of elements such as titanium or niobium and which have assumed the character section A response. On March 1, 2001, (also commonly referred to as of articles or products classified outside the Department issued a supplemental columbium), or both, added to stabilize chapter 72 of the HTS. questionnaire for SSI’s Section A carbon and nitrogen elements. HSLA The merchandise subject to this response. SSI responded on March 16, steels are recognized as steels with investigation is classified in the HTS at 2001. micro-alloying levels of elements such subheadings: 7208.10.15.00, 7208.10.30.00, 7208.10.60.00, SSI filed its responses to Sections B, as chromium, copper, niobium, 7208.25.30.00, 7208.25.60.00, C, and D of the questionnaire on vanadium, and molybdenum. The 7208.26.00.30, 7208.26.00.60, February 26, 2001. On March 5, 2001, substrate for motor lamination steels 7208.27.00.30, 7208.27.00.60, petitioners submitted comments on contains micro-alloying levels of 7208.36.00.30, 7208.36.00.60, SSI’s Sections B, C, and D responses. elements such as silicon and aluminum. 7208.37.00.30, 7208.37.00.60, The Department issued a supplemental Steel products to be included in the 7208.38.00.15, 7208.38.00.30, questionnaire for responses to Sections scope of this investigation, regardless of definitions in the Harmonized Tariff 7208.38.00.90, 7208.39.00.15, B and C on March 12, 2001. The Section 7208.39.00.30, 7208.39.00.90, D supplemental questionnaire was Schedule of the United States (HTS), are products in which: (i) Iron 7208.40.60.30, 7208.40.60.60, issued on March 12, 2001. The predominates, by weight, over each of 7208.53.00.00, 7208.54.00.00, Department received responses to the the other contained elements; (ii) the 7208.90.00.00, 7211.14.00.90, Sections B–D supplemental carbon content is 2 percent or less, by 7211.19.15.00, 7211.19.20.00, questionnaires on March 26, 2001 and weight; and (iii) none of the elements 7211.19.30.00, 7211.19.45.00, March 28, 2001. listed below exceeds the quantity, by 7211.19.60.00, 7211.19.75.30, Period of Investigation weight, respectively indicated: 7211.19.75.60, and 7211.19.75.90. 1.80 percent of manganese, or Certain hot-rolled flat-rolled carbon The POI is October 1, 1999 through 2.25 percent of silicon, or steel flat products covered by this September 30, 2000. This period 1.00 percent of copper, or investigation, including: vacuum corresponds to the four most recent 0.50 percent of aluminum, or degassed fully stabilized; high strength fiscal quarters prior to the month of the 1.25 percent of chromium, or low alloy; and the substrate for motor filing of the petition (i.e., November 0.30 percent of cobalt, or lamination steel may also enter under 2000), and is in accordance with our 0.40 percent of lead, or the following tariff numbers: regulations. See section 351.204(b)(1). 1.25 percent of nickel, or 7225.11.00.00, 7225.19.00.00, We based our analysis on sales 0.30 percent of tungsten, or 7225.30.30.50, 7225.30.70.00, transactions made within the POI by 0.10 percent of molybdenum, or 7225.40.70.00, 7226.91.50.00, date of sale. For the home market we 0.10 percent of niobium, or 7226.91.70.00, 7226.91.80.00, and treated the date of the final commercial 0.15 percent of vanadium, or 7226.99.00.00. Subject merchandise invoice as the date of sale. For the U.S. 0.15 percent of zirconium. may also enter under 7210.70.30.00, market we treated the date of the final All products that meet the physical 7210.90.90.00, 7211.14.00.30, contract as the date of sale. and chemical description provided 7212.40.10.00, 7212.40.50.00, and
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7212.50.00.00. Although the HTS prices for the products did not change provides such information but the subheadings are provided for between the final contract date and information cannot be verified as convenience and U.S. Customs invoice date. For business proprietary provided in section 782(i), the purposes, the written description of the details of our analysis of the date of sale administering authority * * * shall, merchandise under investigation is issue, see Memo to the File regarding subject to section 782(d), use the facts dispositive. Antidumping Duty Investigation on otherwise available in reaching the Date of Sale Certain Hot-Rolled Carbon Steel Flat applicable determination under this Products from Thailand; Preliminary title.’’ The statute requires that certain SSI states that in the home market, Determination Analysis for Sahaviriya conditions be met before the customers submitted purchase orders Steel Industries, Inc. (April 23, 2001) Department may resort to the facts and SSI issued order confirmations, but (Analysis Memo). Moreover, we find no otherwise available. Where the that it was not uncommon for both basis to use a surrogate date of sale, Department determines that a response quantity and value to change between such as shipment date (bill of lading to a request for information does not the order confirmations and the date), where another date establishes the comply with the request, section 782(d) issuance of the commercial invoice terms of sale. Accordingly, for U.S. of the Act provides that the Department (which occurred at the time of shipment sales, we have preliminarily determined will so inform the party submitting the for home market sales). Based upon the that the final contract date is the response and will, to the extent above information, we have appropriate date of sale in this practicable, provide that party the preliminarily determined that the investigation because it better represents opportunity to remedy or explain the invoice date is the appropriate date of the date upon which the material terms deficiency. If the party fails to remedy sale for home market sales. of sale were established. the deficiency within the applicable For U.S. sales, SSI has indicated that time limits, the Department may, subject the appropriate date of sale is the date Product Comparisons to 782(e), disregard all or part of the of the final commercial invoice, which Pursuant to section 771(16) of the Act, original and subsequent responses, as is essentially the bill of lading date. all products produced by the appropriate. Briefly, section 782(e) However, due to an accounting error, respondent that are within the scope of provides that the Department ‘‘shall not SSI did not record the final commercial the investigation, above, and were sold decline to consider information that is invoice dates as the bill of lading dates in the comparison market during the submitted by an interested party and is in its accounting system during the POI; POI, are considered to be foreign like necessary to the determination but does instead, the final commercial invoice products. We have relied on eleven not meet all the applicable requirements dates were recorded as the same date as criteria, in descending order of established by the administering the pre-shipment invoices. Thus, SSI importance, to match U.S. sales of authority’’ if the information is timely, has requested that the Department use subject merchandise to comparison- the bill of lading date, which is the date can be verified, is not so incomplete that market sales of the foreign like product: it cannot be used, and if the interested of shipment, as a surrogate for the whether painted or not, quality, carbon invoice date because this date most party acted to the best of its ability in content level, yield strength, thickness, providing the information. Where all of closely corresponds to the date of width, whether coil or cut sheet, issuance of the final commercial these conditions are met, and the whether temper rolled or not temper invoice. As to whether the invoice date Department can use the information rolled, whether pickled or not pickled, or the contract date better represents the without undue difficulties, the statute whether mill-edge or trimmed, and with date of sale, SSI has indicated that the requires it to do so. or without patterns in relief. Where quantity and price terms frequently In this proceeding, SSM provided no there were no sales of identical change after the contract date, whereas response to the Department’s merchandise in the home market to the terms of sale do not change after the antidumping questionnaire. Because compare to U.S. sales, we compared invoice date. SSI therefore concludes SSM provided no information U.S. sales to the next most similar that the terms of sale are established on whatsoever, sections 782 (d) and (e) of foreign like product, based on the the date of the final commercial invoice. the Act are not applicable, and the We have examined whether the final characteristics and characteristic Department is required to resort to the commercial invoice date or some other subcategories indicated in the use of facts available for this date better represents the date on which Department’s January 4, 2001, respondent, in accordance with the material terms of sale were questionnaire. 776(a)(2)(A) of the Act. Moreover, we established. The Department has Facts Available (FA) note that at no time did SSM contact the examined the information submitted by Department and state it was having SSI concerning the company’s initial SSM difficulty responding to the contracts, final contracts, pre-shipment As noted above under ‘‘Case History,’’ questionnaire or otherwise explain why invoices, and final commercial invoices SSM failed to respond to the it could not provide the requested for its U.S. sales, and has found that the Department’s antidumping information. On January 25, 2001, we material terms of sale are set at the final questionnaire. Section 776(a)(2)(A) of contacted counsel for SSM to inquire if contract date. Specifically, we find that the Act provides that ‘‘if any interested SSM would be submitting a response to the changes in quantity and price party or any other person—(A) Section A of the Department’s referred to by SSI occur after the initial withholds information that has been antidumping questionnaire. Counsel contract date, but not after the final requested by the administering confirmed that SSM would not be filing contract date. We note, however, that in authority * * *, (B) fails to provide any such response. See Memorandum to some instances there were changes in such information by the deadlines for the File from Angelica Mendoza quantity after the final contract date. We the submission of the information or in (January 25, 2001). Thus, we have also find these changes to be minimal and to the form and manner requested, subject determined that this respondent has not have affected a relatively insignificant to subsections (c)(1) and (e) of section cooperated to the best of its ability. volume of subject merchandise shipped 782, (C) significantly impedes a Therefore, pursuant to section 776(b) of to the United States. Moreover, unit proceeding under this title, or (D) the Act, we used an adverse inference
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in selecting a margin from the FA. As production experience, adjusted for market sales in the usual commercial FA, the Department has applied a known differences between costs quantities and in the ordinary course of margin rate of 20.30 percent, the highest incurred to produce HR in the United trade. alleged margin based on our States and Thailand using publicly A. Affiliate Party Transactions and recalculation for Thailand in the available data. To corroborate these Arm’s Length Test petition. See Memorandum from Joseph data, we compared it to the reported A. Spetrini to Bernard T. Carreau, COM of SSI and its affiliates. Our To test whether sales to affiliated end- Certain Hot-Rolled Carbon Steel Flat analysis showed that the petitioners’ user customers are made at arm’s length Products from Thailand: Preliminary reported costs were reasonably close to prices, we compare, on a model-specific Determination of Sales at Less Than Fair the data submitted by SSI and its basis, the prices of sales to affiliated Value—The Use of Facts Available for affiliates. Based on this analysis, we customers with sales to unaffiliated Siam Strip Mill Public Co. Ltd, and the find that the COM data used in the customers net of all movement charges, Corroboration of Secondary Information, antidumping petition have probative billing adjustments, discounts, direct dated April 23, 2001 (Facts Available value. See Facts Available selling expenses, and packing. Where, Memorandum). Memorandum. for the tested models of foreign like Section 776(c) of the Act provides that product, prices to the affiliated party are where the Department selects from Fair Value Comparisons for SSI on average 99.5 percent or more of the among the facts otherwise available and To determine whether sales of certain price to unaffiliated parties, we relies on ‘‘secondary information,’’ such hot-rolled carbon steel flat products determine that such sales are made at as the petition, the Department shall, to from Thailand were made in the United arm’s length prices. See 19 CFR the extent practicable, corroborate that States at LTFV, we compared the EP to 351.403(c); see also Antidumping information from independent sources the NV, as described in the Export Price Duties; Countervailing Duties Final reasonably at the Department’s disposal. and Normal Value sections of this Rule, 62 FR 27355 (May 19, 1997). The Statement of Administrative Action notice. In accordance with section If these affiliated party sales satisfied accompanying the URAA, H.R. Doc. No. 777A(d)(1)(A)(i) of the Act, we the arm’s-length test, we used them in 103–316, (1994) (hereinafter, the SAA) calculated POI weighted-average EPs for our analysis. Merchandise sold to states that ‘‘corroborate’’ means to comparison to POI weighted-average affiliated customers in the home market determine that the information used has NVs. made at non-arm’s length prices were probative value. See SAA at 870. excluded from our analysis because we In this proceeding, we considered the Export Price considered them to be outside the petition information the most We used EP methodology in ordinary course of trade. See 19 CFR appropriate record information to use to accordance with section 772(a) of the 351.102. Where the exclusion of such establish the dumping margins for this Act because SSI sold the merchandise sales eliminated all sales of the most uncooperative respondent because, in under investigation directly to an appropriate comparison product, we the absence of verifiable data provided unaffiliated purchaser in the United made a comparison to the next most by SSM, the petition information is the States or to an unaffiliated purchaser for similar model. best approximation available to the exportation to the United States prior to C. Cost of Production Analysis Department of SSM’s pricing and selling the date of importation, and because a behavior in the U.S. market. In CEP methodology was not otherwise Based on our analysis of the cost accordance with section 776(c) of the indicated. We based EP on packed allegations submitted by petitioners in Act, we sought to corroborate the data prices to the first unaffiliated customer. the original petition, the Department contained in the petition. In accordance with section 772(c)(2), we found reasonable grounds to believe or To corroborate the margin made deductions from the starting price suspect that Thai producers had made calculations in the petition, we for movement expenses, including sales of HR in the home market at prices examined the data relied upon in foreign inland freight and customs below the cost of producing the making those calculations. The export brokerage and handling. merchandise, in accordance with prices (EP) in the petition were based on section 773(b)(2)(A)(i) of the Act. As a import values compiled by the U.S. Normal Value result, the Department initiated an Customs Service. These data are from A. Selection of Comparison Market investigation to determine whether publicly available sources (i.e., official respondents made home market sales U.S. government statistics). Therefore, In order to determine whether there is during the POI at prices below their cost we find that the U.S. price from the a sufficient volume of sales in the home of production (COP) within the meaning petition margin is sufficiently market to serve as a viable basis for of section 773(b) of the Act. We corroborated. calculating NV (i.e., whether the conducted the COP analysis described For the normal value (NV) aggregate quantity of the foreign like below. calculation, petitioners relied upon product is equal to or greater than five constructed value (CV), consisting of percent of the aggregate quantity of U.S. 1. Calculation of COP cost of manufacture (COM), selling, sales), we compared SSI’s volume of In accordance with section 773(b)(3) general, administrative expenses home market sales of the foreign like of the Act, we calculated a weighted- (SG&A), interest expenses, and profit. product to the volume of U.S. sales of average COP based on the sum of SSI’s Petitioners based depreciation, SG&A, the subject merchandise, in accordance cost of materials and fabrication for the interest, and profit on publicly available with section 773(a)(1) of the Act. Since foreign like product, plus amounts for financial statements of a Thai steel SSI’s aggregate quantity of home market home market selling, general and producer (SSI, a respondent in this sales of the foreign like product was administrative expenses (SG&A), investigation). Therefore, because these greater than five percent of its aggregate interest expenses, and packing costs. data are based on publicly available quantity of U.S. sales for the subject The Department relied on the COP and financial statements, we find them to be merchandise, we determined that the CV data submitted by SSI on February sufficiently corroborated. Petitioners home market was viable for SSI. 26, 2001 with the exception of the calculated COM based on their own Therefore, we have based NV on home following: (1) SSI reported a SG&A
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expense ratio that was derived using of the Act. Therefore, we disregarded In determining whether separate POI information (i.e., three-months of those below-cost sales. LOTs actually existed in the home 1999 and nine-months of 2000). In market for the respondent, we examine D. Price-to-Price Comparison accordance with our established whether the respondent’s sales involved practice, we recalculated SSI’s SG&A We based NV for SSI on prices of different marketing stages (or their expense ratio using information from home market sales that passed the COP equivalent) based on the channel of the company’s audited financial test. We made deductions for billing distribution, customer categories, and statements; (2) SSI reported a financial adjustments and discounts. We made selling functions (or services offered) to expense ratio that was derived using deductions, where appropriate, for each customer or customer category, in unconsolidated POI information (i.e., inland freight and inland insurance, both markets. three-months of 1999 and nine-months pursuant to section 773(a)(6)(B) of the SSI claimed one LOT in the U.S. and of 2000). In accordance with our Act. We made adjustments, where two LOTs in the home market: LOT 1 established practice, we recalculated appropriate, for physical differences in includes direct sales to end-users, SSI’s financial expense ratio using the merchandise in accordance with trading companies, and service centers; information from its consolidated section 773(a)(6)(C)(ii) of the Act, and and LOT 2 includes all sales made financial statements. See Notice of Final 19 CFR 351.411. In accordance with through its affiliates. SSI claimed that Determination of Sales at Less Than Fair section 773(a)(6) of the Act, we all U.S. sales are at the same LOT as Value: Certain Cut-to-Length Carbon- deducted home market packing costs LOT 1 in the home market. SSI reported Quality Steel Plate Products from and added U.S. packing costs. In four channels of distribution for home France, 64 FR 73143, 73152 (Dec. 29, accordance with section 773(a)(6)(C)(iii) market sales made through LOT 1 and 1999). This practice has been upheld by of the Act and 19 CFR 351.410, we made LOT 2. The first channel of distribution the Court of International Trade. See circumstances of sale (COS) adjustments was sales made through unaffiliated Gulf States Tube v. United States, 981 for imputed credit expense, interest trading companies with one customer F. Supp. 630 (CIT 1997). revenue, and warranties. For the category (i.e., end-users). The second calculation of imputed credit expense, channel of distribution was sales made 2. Test of Home Market Sales Prices we based credit days on the number of through affiliated trading companies We compared the weighted-average days between estimated shipment from with two customer categories (i.e., end- COP for SSI to home market sales of the the plant and payment date, rather than users and service centers). The third foreign like product, as required under the number of days between shipment channel of distribution was direct sales section 773(b) of the Act, in order to from the port and payment date (see with one customer category (i.e., determine whether these sales had been Analysis Memo). We also re-coded all unaffiliated end-users). The fourth made at prices below the COP. In home market and U.S. sales that channel of distribution was direct sales determining whether to disregard home incurred warranty expenses. For further with one customer category (i.e., end- market sales made at prices below the information, see Analysis Memo. users/resellers). COP, we examined whether such sales In analyzing SSI’s selling activities for Level of Trade were made (1) within an extended its home market and U.S. market, we period of time in substantial quantities, In accordance with section determined that essentially the same and (2) at prices which would not 773(a)(1)(B) of the Act, to the extent services were provided for both markets. permit recovery of all costs within a practicable, we determine NV based on Due to the proprietary nature of the reasonable period of time, in accordance sales in the comparison market at the levels of these selling activities, for with sections 773(b)(1)(A) and (B) of the same level of trade (LOT) as the EP further analysis, see Analysis Memo. Act. On a product-specific basis, we transaction. The NV LOT is that of the Therefore, based upon this information, compared the COP to home market starting-price sales in the comparison we have preliminarily determined that prices, less any applicable movement market or, when NV is based on the LOT for all EP sales is the same as charges, discounts, and billing constructed value (CV), that of the sales the LOT for all sales in the home adjustments. from which we derive SG&A expenses market. Accordingly, because we find and profit. For EP, the U.S. LOT is also the U.S. sales and home market sales to 3. Results of the COP Test the level of the starting-price sale, be at the same LOT, no LOT adjustment Pursuant to section 773(b)(2)(C) of the which is usually from the exporter to under section 773(a)(7)(A) of the Act is Act, where less than 20 percent of SSI’s the importer. warranted for SSI. sales of a given product were at prices To determine whether NV sales are at less than the COP, we did not disregard a different LOT than EP, we examine Currency Conversions any below-cost sales of that product stages in the marketing process and We made currency conversions into because we determined that the below- selling functions along the chain of U.S. dollars based on the exchange rates cost sales were not made in substantial distribution between the producer and in effect on the dates of the U.S. sales quantities. Where 20 percent or more of the unaffiliated customer. If the as certified by the Federal Reserve Bank. SSI’s sales of a given product during the comparison-market sales are at a Section 773A(a) of the Act directs the POI were at prices less than the COP, we different LOT and the difference affects Department to use a daily exchange rate determined such sales to have been price comparability, as manifested in a in order to convert foreign currencies made in substantial quantities, in pattern of consistent price differences into U.S. dollars unless the daily rate accordance with section 773(b)(2)(C)(i) between the sales on which NV is based involves a fluctuation. It is the of the Act, within an extended period of and comparison-market sales at the LOT Department’s practice to find that a time. In such cases because we of the export transaction, we make a fluctuation exists when the daily compared prices to weighted-average LOT adjustment pursuant to section exchange rate differs from the COPs for the POI, we also determined 773(a)(7)(A) of the Act. See Notice of benchmark rate by 2.25 percent. The that such sales were made at prices Final Determination of Sales at Less benchmark is defined as the moving which would not permit recovery of all Than Fair Value; Certain Cut-to-Length average of rates for the past 40 business costs within a reasonable period of time, Carbon Steel Plate from South Africa, 62 days. When we determine a fluctuation in accordance with section 773(b)(2)(D) FR 61731 (November 19, 1997). to have existed, we substitute the
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benchmark rate for the daily rate, in Public Comment DEPARTMENT OF COMMERCE accordance with established practice. Further, section 773A(b) of the Act Case briefs for this investigation must International Trade Administration be submitted no later than one week directs the Department to allow a 60-day [A–583–835] adjustment period when a currency has after the issuance of the verification undergone a sustained movement. A reports. Rebuttal briefs must be filed Notice of Preliminary Determination of sustained movement has occurred when within five days after the deadline for Sales at Less Than Fair Value: Certain the weekly average of actual daily rates submission of case briefs. A list of Hot-Rolled Carbon Steel Flat Products exceeds the weekly average of authorities used, a table of contents, and From Taiwan benchmark rates by more than five an executive summary of issues should AGENCY: percent for eight consecutive weeks. accompany any briefs submitted to the Import Administration, International Trade Administration, (For an explanation of this method, see Department. Executive summaries Department of Commerce. Policy Bulletin 96–1: Currency should be limited to five pages total, ACTION: Conversions (61 FR 9434, March 8, including footnotes. Notice of preliminary 1996).) determination of sales at less than fair Section 774 of the Act provides that value. Verification the Department will hold a hearing to afford interested parties an opportunity EFFECTIVE DATE: May 3, 2001. In accordance with section 782(i) of to comment on arguments raised in case FOR FURTHER INFORMATION CONTACT: the Act, we intend to verify information or rebuttal briefs, provided that such a to be used in making our final Patricia Tran or Robert James at (202) determination. hearing is requested by any interested 482–1121 and (202) 482–0649, party. If a request for a hearing is made respectively, Import Administration, All Others in an investigation, the hearing will International Trade Administration, U.S. Department of Commerce, 14th Pursuant to sections 733(d)(1)(A)(ii) tentatively be held two days after the Street and Constitution Avenue, NW., and 735(c)(5)(A) of the Act, the deadline for submission of the rebuttal Washington, DC 20230. estimated all-others rate is equal to the briefs, at the U.S. Department of estimated weighted average dumping Commerce, 14th Street and Constitution SUPPLEMENTARY INFORMATION: margin established for SSI, the only Avenue, NW, Washington, DC 20230. In Preliminary Determination exporter/producer investigated. the event that the Department receives requests for hearings from parties to We preliminarily determine that certain hot-rolled carbon steel flat Suspension of Liquidation several HR cases, the Department may products from Taiwan are being, or are schedule a single hearing to encompass In accordance with section 733(d)(2) likely to be, sold in the United States at of the Act, the Department will direct all those cases. Parties should confirm less than fair value (LTFV), as provided the U.S. Customs Service to suspend by telephone the time, date, and place in Section 733 of the Tariff Act. The liquidation of all entries of HR of the hearing 48 hours before the estimated margin of sales at LTFV is producers from Thailand, that are scheduled time. Interested parties who shown in the ‘‘Suspension of entered, or withdrawn from warehouse, wish to request a hearing, or participate Liquidation’’ section of this notice. for consumption on or after the date of if one is requested, must submit a publication of this notice in the Federal written request within 30 days of the The Applicable Statute and Regulations Register. We will instruct the U.S. publication of this notice. Requests Unless otherwise indicated, all Customs Service to require a cash should specify the number of citations to the statute are references to deposit or posting of a bond equal to the participants and provide a list of the the provisions effective January 1, 1995, estimated preliminary dumping margin issues to be discussed. Oral the effective date of the amendments to indicated in the chart below. This presentations will be limited to issues the Tariff Act of 1930 (the Tariff Act) by suspension of liquidation will remain in raised in the briefs. If this investigation the Uruguay Round Agreements effect until further notice. The proceeds normally, we will make our (URAA). In addition, unless otherwise weighted-average dumping margins in final determination no later than 75 indicated, all citations to the the preliminary determination are as days after the date of this preliminary Department of Commerce (Department) follows: determination. regulations are to the regulations at 19 CFR part 351 (April 1, 2000). Exporter/manufacturer Margin This determination is issued and (percent) published in accordance with sections Case History 733(f) and 777(i)(1) of the Act. Effective On December 4, 2000, the Department SSI ...... 7.48 SSM ...... 20.30 January 20, 2001, Bernard T. Carreau is initiated antidumping investigations of All Others ...... 7.48 fulfilling the duties of the Assistant certain hot-rolled carbon steel flat Secretary for Import Administration. products from Argentina, India, Indonesia, Kazakhstan, the Netherlands, ITC Notification Dated: April 23, 2001. the People’s Republic of China, In accordance with section 733(f) of Bernard T. Carreau, Romania, South Africa, Taiwan, the Act, we have notified the ITC of our Deputy Assistant Secretary, Import Thailand, and Ukraine. See Notice of determination. If our final Administration. Initiation of Antidumping Duty determination is affirmative, the ITC [FR Doc. 01–10855 Filed 5–2–01; 8:45 am] Investigations: Certain Hot-Rolled will determine, before the later of 120 BILLING CODE 3510–DS–P Carbon Steel Flat Products from days after the date of this preliminary Argentina, India, Indonesia, determination or 45 days after our final Kazakhstan, the Netherlands, the determination, whether these imports People’s Republic of China, Romania, are materially injuring, or threatening South Africa, Taiwan, Thailand, and material injury to, the U.S. industry. Ukraine, 65 FR 77568 (December 12,
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2000) (Initiation Notice). Since the vs. Secondary Merchandise.’’ See the responses to these supplemental initiation of this investigation, the Department’s Antidumping Duty questionnaires on April 9, 2001. following events have occurred. Questionnaire, at B–7 and C–7. These On April 17, 2001 and April 18, 2001, The Department set aside a period for fields are used in the model match the Department issued another all interested parties to raise issues program to prevent matches of prime supplementary questionnaire to China regarding product coverage. See merchandise to non-prime merchandise. Steel and Yieh Loong regarding their Initiation Notice at 77569. We received On December 28, 2000, the United Section B, C and D responses. We have no comments from any parties in this States International Trade Commission set a due date of April 23, 2001 for the investigation. However, we did receive (ITC) notified the Department of its responses. comment in the hot-rolled investigation affirmative preliminary injury Period of Investigation regarding the Netherlands as follows: determination on imports of subject from Duracell Global Business merchandise from Taiwan. On January The period of investigation (POI) is Management Group on December 11, 4, 2001, the ITC published its October 1, 1999 through September 30, 2000; from Energizer on December 15, preliminary determination that there is 2000. 2000; from Bouffard Metal Goods Inc. a reasonable indication that an industry Scope of Investigation and Truelove & MacLean, Inc. on in the United States is materially December 18, 2000; from the Corus For purposes of these investigations, injured by reason of imports of the the products covered are certain hot- Group plc., which includes Corus Steel subject merchandise from Taiwan (66 USA (CSUSA) and Corus Staal BV rolled carbon steel flat products of a FR 805). rectangular shape, of a width of 0.5 inch (Corus Staal), and Thomas Steel Strip on On January 4, 2001, the Department December 26, 2000; and from Rayovac or greater, neither clad, plated, nor issued its antidumping duty coated with metal and whether or not Corporation on March 12, 2001. questionnaire to China Steel On December 22, 2000, the painted, varnished, or coated with Corporation (China Steel), Yieh Loong Department issued a letter to interested plastics or other non-metallic Enterprise Co., Ltd. (Yieh Loong), and parties in all of the concurrent HR substances, in coils (whether or not in An Feng Steel Co., Ltd. (An Feng). On products antidumping investigations, successively superimposed layers), February 2, 2001, the Department providing an opportunity to comment regardless of thickness, and in straight received from China Steel and Yieh on the Department’s proposed model lengths of a thickness of less than 4.75 matching characteristics and hierarchy. Loong the response to Section A of the mm and of a width measuring at least Comments were submitted by: questionnaire. (An Feng never 10 times the thickness. Universal mill petitioners (January 5, 2001); Corus responded to any of the Department’s plate (i.e., flat-rolled products rolled on Staal BV and Corus Steel USA Inc., questionnaires. See the section ‘‘Facts four faces or in a closed box pass, of a (Corus), respondent in the Netherlands Available’’ (below).) On February 15, width exceeding 150 mm, but not investigation (January 3, 2001); Iscor 2001 and February 21, 2001, the exceeding 1250 mm, and of a thickness Limited (Iscor), respondent in the South petitioners filed comments on the of not less than 4.0 mm, not in coils and Africa investigation (January 3, 2001); Section A responses of both China Steel without patterns in relief) of a thickness and Zaporizhstal, respondent in the and Yieh Loong. On February 27, 2001 not less than 4.0 mm is not included Ukraine investigation (January 3, 2001). the Department issued a supplemental within the scope of these investigations. Petitioners agreed with the questionnaire for China Steel’s and Yieh Specifically included within the Department’s proposed characteristics Loong’s Section A responses. The two scope of these investigations are and hierarchy of characteristics. Corus companies submitted their responses on vacuum degassed, fully stabilized suggested adding a product March 20, 2001. China Steel made (commonly referred to as interstitial-free characteristic to distinguish prime additional submissions in follow-up to (IF)) steels, high strength low alloy merchandise from non-prime its March 20, 2001 response on March (HSLA) steels, and the substrate for merchandise. Neither Iscor nor 21 and March 26, 2001. motor lamination steels. IF steels are Zaporizhstal proposed any changes to China Steel and Yieh Loong filed their recognized as low carbon steels with either the list of product characteristics Section B, C, and D responses on micro-alloying levels of elements such proposed by the Department or the February 26, 2001. On March 6, 2001 as titanium or niobium (also commonly hierarchy of those product petitioners submitted comments on the referred to as columbium), or both, characteristics but, rather, provided Section B, C, and D responses of China added to stabilize carbon and nitrogen information relating to its own products Steel and Yieh Loong. The Department elements. HSLA steels are recognized as that was not relevant in the context of issued a supplemental questionnaire to steels with micro-alloying levels of determining what information to China Steel and Yieh Loong regarding elements such as chromium, copper, include in the Department’s their Section B and C responses on niobium, vanadium, and molybdenum. questionnaires. For purposes of the March 15, 2001. On April 3, 2001, China The substrate for motor lamination questionnaires subsequently issued by Steel and Yieh Loong filed their steels contains micro-alloying levels of the Department to the respondents, no supplemental Section B and C elements such as silicon and aluminum. changes were made to the product responses. On March 16, 2001, Steel products to be included in the characteristics or the hierarchy of those petitioners submitted additional scope of these investigations, regardless characteristics from those originally comments regarding China Steel’s of definitions in the Harmonized Tariff proposed by the Department in its Section D response. On March 21, 2001, Schedule of the United States (HTSUS), December 22, 2000 letter. With respect petitioners filed additional comments are products in which: (i) Iron to Corus’ request, the additional product regarding Yieh Loong’s Section D predominates, by weight, over each of characteristic suggested by Corus, to response. The Department issued the other contained elements; (ii) the distinguish prime from non-prime supplemental questionnaires concerning carbon content is 2 percent or less, by merchandise, is unnecessary. The Yieh Loong’s Section D response on weight; and (iii) none of the elements Department already asks respondents to March 21, 2001, and concerning China listed below exceeds the quantity, by distinguish prime from non-prime Steel’s Section D response on March 23, weight, respectively indicated: merchandise in field number 2.2 ‘‘Prime 2001. The Department received the 1.80 percent of manganese, or
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2.25 percent of silicon, or 7211.19.30.00, 7211.19.45.00, provide such information by the 1.00 percent of copper, or 7211.19.60.00, 7211.19.75.30, deadlines for submission of the 0.50 percent of aluminum, or 7211.19.75.60, and 7211.19.75.90. information or in the from and manner 1.25 percent of chromium, or Certain hot-rolled carbon steel flat requested, subject to subsections (c)(1) 0.30 percent of cobalt, or products covered by these and (e) of Section 782, (C) significantly 0.40 percent of lead, or investigations, including: vacuum impedes a proceeding under this title, or 1.25 percent of nickel, or degassed fully stabilized; high strength (D) provides such information but the 0.30 percent of tungsten, or low alloy; and the substrate for motor information cannot be verified as 0.10 percent of molybdenum, or lamination steel may also enter under provided in Section 782(i), the 0.10 percent of niobium, or the following tariff numbers: administering authority and the 0.15 percent of vanadium, or 7225.11.00.00, 7225.19.00.00, Commission shall, subject to subsection 0.15 percent of zirconium. 7225.30.30.50, 7225.30.70.00, 782(d), use the facts otherwise available All products that meet the physical 7225.40.70.00, 7225.99.00.90, in reaching the applicable and chemical description provided 7226.11.10.00, 7226.11.90.30, determination under this title.’’ Because above are within the scope of these 7226.11.90.60, 7226.19.10.00, An Feng failed to respond to our request investigations unless otherwise 7226.19.90.00, 7226.91.50.00, for information, pursuant to Section excluded. The following products, by 7226.91.70.00, 7226.91.80.00, and 776(a)(2) of the Tariff Act we resorted to way of example, are outside or 7226.99.00.00. Subject merchandise the facts otherwise available to calculate specifically excluded from the scope of may also enter under 7210.70.30.00, the dumping margin for this company. these investigations: 7210.90.90.00, 7211.14.00.30, Section 776(b) of the Tariff Act 7212.40.10.00, 7212.40.50.00, and • provides that the Department may use Alloy hot-rolled steel products in 7212.50.00.00. Although the HTSUS an inference that is adverse to the which at least one of the chemical subheadings are provided for interests of a party that has failed to elements exceeds those listed above convenience and U.S. Customs cooperate by not acting to the best of its (including, e.g., American Society for purposes, the written description of the ability to comply with the Department’s Testing and Materials (ASTM) merchandise under investigation is requests for necessary information. See specifications A543, A387, A514, A517, dispositive. also Statement of Administrative Action A506). • Affiliations accompanying the URAA, H.R. Rep. No. Society of Automotive Engineers 103–316 (1994) (SAA) at 870. Failure by (SAE)/American Iron & Steel Institute In the dumping petition the An Feng to respond to the Department’s (AISI) grades of series 2300 and higher. petitioners identified An Feng, China • antidumping questionnaire constitutes a Ball bearing steels, as defined in the Steel, and Yieh Loong as the principal failure to act to the best of its ability to HTSUS. Taiwanese producers of subject • comply with a request for information Tool steels, as defined in the merchandise. We issued questionnaires within the meaning of Section 776(b) of HTSUS. to these three companies on January 4, • the Tariff Act. Because An Feng failed Silico-manganese (as defined in the 2001. (See the ‘‘Case History’’ section to respond and offered no explanation HTSUS) or silicon electrical steel with (above).) Upon analysis of the responses for its failure, the Department has a silicon level exceeding 2.25 percent. of China Steel and Yieh Loong, we have • determined that, in selecting among the ASTM specifications A710 and determined that these two companies facts otherwise available, an adverse A736. are affiliated under Section 771(33)(E) of • inference is warranted in selecting the USS abrasion-resistant steels (USS the Tariff Act. The Department has facts available for this company. AR 400, USS AR 500). collapsed China Steel and Yieh Loong • Because we are unable to calculate a All products (proprietary or (hereafter referred to as ‘‘China Steel’’) margin for An Feng, consistent with our otherwise) based on an alloy ASTM pursuant to Section 351.401(f) of the practice, we have assigned An Feng the specification (sample specifications: Department’s regulations for purposes of highest margin alleged based on our ASTM A506, A507). calculating a weighted-average margin. • recalculation of the petition margins. Non-rectangular shapes, not in For details of the Department’s analysis, See Notice of Preliminary Determination coils, which are the result of having see the Affiliation Memorandum, April of Sales at Less Than Fair Value; been processed by cutting or stamping 19, 2001, a copy of which is in room B– Certain Large Diameter Carbon and and which have assumed the character 099 at the main Department of Alloy Seamless Standard, Line, and of articles or products classified outside Commerce building. Therefore, the rate Pressure Pipe from Japan and Certain chapter 72 of the HTSUS. that we have assigned to China Steel Small Diameter Carbon and Alloy The merchandise subject to these (Yieh Loong’s parent company) in this Seamless Standard, Line, and Pressure investigations is classified in the preliminary determination will be Pipe from Japan and the Republic of HTSUS at subheadings: 7208.10.15.00, applicable to both China Steel and Yieh South Africa, 64 FR 69718, 69722 7208.10.30.00, 7208.10.60.00, Loong. (December 14, 1999), and Notice of 7208.25.30.00, 7208.25.60.00, Facts Available Preliminary Determination of Sales at 7208.26.00.30, 7208.26.00.60, Less Than Fair Value: Stainless Steel 7208.27.00.30, 7208.27.00.60, An Feng Wire Rod from Germany, 63 FR 10847, 7208.36.00.30, 7208.36.00.60, As noted above under ‘‘Case History,’’ 10848 (March 5, 1998)) and Notice of 7208.37.00.30, 7208.37.00.60, An Feng failed to respond to the Preliminary Determinations of Sales at 7208.38.00.15, 7208.38.00.30, Department’s antidumping Less Than Fair Value: Stainless Steel 7208.38.00.90, 7208.39.00.15, questionnaire. Section 776(a)(2) of the Angle from Japan, Korea, and Spain, 66 7208.39.00.30, 7208.39.00.90, Tariff Act provides that ‘‘if an interested FR 2880, 2883 (January 12, 2001). Based 7208.40.60.30, 7208.40.60.60, party or any other person (A) withholds on amendments to the petition and the 7208.53.00.00, 7208.54.00.00, information that has been requested by Department’s recalculations, where 7208.90.00.00, 7211.14.00.90, the administering authority or the applicable, the highest margin is 29.14 7211.19.15.00, 7211.19.20.00, Commission under this title, (B) fails to percent. See Initiation Notice at 77576.
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Section 776(b) of the Tariff Act states submissions, and comparing that party sales are greater than five percent that an adverse inference may include average to the COM petitioners provided of total home market sales. See reliance on information derived from in their submission of November 22, Affiliated Reseller Memorandum, April the petition. See also SAA at 829–831. 2000, exhibit I–14. Our analysis showed 19, 2001. Section 776(c) of the Tariff Act provides that the petitioners’ reported costs were On March 15, 2001, the Department that, when the Department relies on reasonably close to the data submitted issued its supplemental Sections B and secondary information (such as the by China Steel and Yieh Loong. Based C questionnaire, reiterating that China petition) as the facts otherwise on this analysis, we find that the COM Steel must report all resales by affiliated available, it must, to the extent data used in the antidumping petition parties (Yieh Loong, China Steel practicable, corroborate that information have probative value. See Corroboration Chemical, China Steel Global, Yieh from independent sources that are Memorandum, April 23, 2001. Phui, and Yieh Hsing) to the first reasonably at its disposal. unaffiliated party. The SAA clarifies that ‘‘corroborate’’ China Steel China Steel’s April 3, 2001 means that the Department will satisfy On January 4, 2001, the Department supplemental response provided itself that the secondary information to issued China Steel its antidumping duty incomplete and deficient information be used has probative value (see SAA at questionnaire. The questionnaire regarding affiliated parties’ resales. 870). The SAA also states that explicitly instructed to China Steel to Although China Steel provided independent sources used to corroborate report all sales by affiliates to the first complete sales information for China such evidence may include, for unaffiliated customer. However, if sales Steel Global and China Steel Chemical, example, published price lists, official to all affiliated customers constituted it provided minimal sales information import statistics, U.S. Customs Service less than five percent of its total sales in for Yieh Phui and Yieh Hsing, and data, and information obtained from the home market these companies were inconsistent information regarding Yieh interested parties during the particular to notify the Department. On January 19, Loong. Sales to China Steel’s affiliates proceeding. Id. 2001, China Steel requested to exclude constitute a significant quantity of To corroborate the margin themselves from reporting home market China Steel’s home market sales, and it calculations in the petition, we resales by affiliates. China Steel stated is necessary to have this information in examined the data relied upon in that its sales to its affiliates, China Steel order for the Department to calculate a making those calculations. The export Global Trading Corporation (China Steel margin. See Adverse Facts Available prices (EP) in the petition were based on Global) and China Steel Chemical Memorandum, April 23, 2001. import values compiled by the U.S. Corporation (China Steel Chemical), Pursuant to Section 782(c) of the Act, Customs Service. These data, as constituted less than five percent of its China Steel, after receiving a request recalculated by the Department using total sales in the home market. On from the Department, must promptly POI-wide and nation-wide averages for January 29, 2001, the Department notify the Department if it is unable to initiation purposes, are from publicly replied to China Steel’s January 19, 2001 submit the information requested, available sources (i.e., official U.S. letter and stated that we could not make together with a full explanation and government statistics). Therefore, we a determination based on the suggest alternative forms in which it is find that the U.S. price from the petition information provided. The Department able to submit the requested information margin is sufficiently corroborated. requested that China Steel document to the Department. The Department has For the normal value (NV) whether the total quantity of subject repeatedly requested China Steel to calculation, petitioners relied upon merchandise sold to all affiliated parties provide complete information with constructed value (CV), consisting of (regardless of whether subject respect to its downstream sales as cost of manufacture (COM), selling, merchandise was further processed by originally instructed in the January 4, general, administrative expenses affiliates) constituted less than five 2001 antidumping questionnaire. The (SG&A), interest, packing, and profit. percent of total home market sales. Department has granted a number of Petitioners based depreciation, interest, China Steel failed to provide such extensions to China Steel and Yieh SG&A, packing, and profit on publicly information. Loong to permit them to provide available financial statements of Taiwan On February 26, 2001, China Steel complete and accurate questionnaire steel producers. Therefore, because submitted its response to Sections B, C, responses. China Steel stated in its April these data are based on publicly and D of the questionnaire. In this 3, 2001 narrative that it does not control available financial statements, we find submission, China Steel only reported Yieh Hsing and Yieh Phui; therefore, it them to be sufficiently corroborated. affiliated party sales for the companies could not provide complete and Petitioners based COM (net of it considered to be affiliated entities, adequate information. China Steel has depreciation) on their own cost and China Steel did not provide resales never suggested any alternative experience of producing merchandise by these affiliates. China Steel coded reporting methodology. However, the identical to that subject to this sales to Yieh Loong, Yieh Hsing Department finds that China Steel and investigation. To corroborate these data, Enterprise Co., Ltd. (Yieh Hsing) and Yieh Loong’s ability to compel their we compared it to the reported COM of Yieh Phui Enterprise Co., Ltd. (Yieh affiliates to turn over some of the China Steel and its affiliate Yieh Loong. Phui) as sales to non-affiliated business proprietary information Although we have found that these companies. Because the Department requested by the Department is a clear companies control numbers collapsed China Steel and Yieh Loong, indication of their ability to exercise (CONNUMs) were mostly unusable, we any reseller affiliated with either China control over these parties. were still able to make a reliable Steel or Yieh Loong is recognized as Pursuant to Section 776(A)(B) of the comparison with the petitioner’s COM affiliated with the collapsed entity Act, we find that China Steel failed to data for corroboration purposes. We (China Steel/ Yieh Loong). See cooperate to the best of its ability performed this comparison by first Affiliation Memorandum, April 19, because it repeatedly refused or ignored calculating the average COM for all of 2001. Therefore, because of Yieh Phui’s the Department’s instructions to submit the CONNUMs China Steel and Yieh and Yieh Hsing’s affiliation to Yieh accurate downstream sales data, did not Loong reported in their CV databases Loong, they are affiliated with the supply missing sales data, as provided with their April 9, 2001 collapsed entity, and total affiliated demonstrated by its selective
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submission of China Steel’s affiliates’ response for which is due April 23, ITC Notification data, and never provided alternatives or 2001. We will analyze the responses to In accordance with Section 733(f) of reasonable explanations for why it this supplemental questionnaire and the Tariff Act, we have notified the ITC could not report all downstream sales. issue our analysis, if appropriate, of our determination. If our final Further, without this data, the concurrent with the final determination determination is affirmative, the ITC information regarding home market of this investigation. will determine before the later of 120 sales is unusable. A significant quantity In light of China Steel’s repeated days after the date of this preliminary of China Steel’s home market sales are failure to provide affiliated sales determination, or 45 days after our final made through affiliates. Without this information and its repeated failure to determination, whether these imports information the Department cannot are causing, or threatening, material calculate an accurate dumping margin. provide all necessary product injury to the U.S. industry. In addition, the Department found characteristics or to provide any other deficiencies that made China meaningful explanation of why such Public Comment Steel’s submission unusable for data could not be provided, we preliminarily determine that China Steel Case briefs for this investigation must purposes of calculating a dumping be submitted no later than one week margin. The principal deficiency was did not cooperate to the best of its after the issuance of the verification the failure to report certain product ability. Accordingly, for the purpose of reports. Rebuttal briefs must be filed characteristics, e.g., quality, carbon this preliminary determination we have within five days after the deadline for content, yield strength, thickness, and assigned, as adverse facts available, the submission of case briefs. A list of width for a significant share of China highest margin from the antidumping authorities used, a table of contents, and Steel’s sales to affiliated and unaffiliated petition as recalculated by the an executive summary of issues should customers. The Department requires the Department. See the December 4, 2000, accompany any briefs submitted to the physical characteristics of paint, quality, Import Administration AD Investigation Department. Executive summaries carbon, yield strength, thickness, width, Initiation Checklist at 25, a copy of should be limited to five pages total, cut-to-length versus coiled, tempered which is contained in the public file in including footnotes. Further, we would rolled, pickled, edge trim, and patterns room B–099 of the main Department of in order to match the product to its appreciate it if parties submitting Commerce building. We consider the written comments would provide the appropriate match in the United States, data from the petition to be corroborated to ascertain whether the home market Department with an additional copy of for the reasons given above in the public version of any such merchandise was sold at prices above discussing the use of the petition as the the cost of production, and to calculate comments on diskette. basis for adverse facts available for An Section 774 of the Tariff Act provides a difference-in-merchandise adjustment. Feng. Therefore, without complete physical that the Department will hold a hearing characteristics for all sales, we cannot All Others to afford interested parties an calculate an accurate margin. opportunity to comment on arguments Moreover, we find that China Steel’s The estimated all-others rate is equal raised in case or rebuttal briefs, claim that it is unable to provide proper to the average of the dumping margins provided that such a hearing is physical characteristics in the manner calculated in the antidumping duty requested by any interested party. If a requested by the Department to be petition as recalculated by the request for a hearing is made in an inconsistent with other information on Department. See the December 4, 2000, investigation, the hearing will the record of this case. For example, Import Administration AD Investigation tentatively be held two days after the China Steel stated in its April 3, 2001 Initiation Checklist. deadline for submission of the rebuttal submission that physical characteristics briefs, at the U.S. Department of Suspension of Liquidation (e.g., carbon, yield strength) can be Commerce, 14th Street and Constitution identified from production records and In accordance with Section 733(d) of Avenue, NW., Washington, DC 20230. inventory records as well as its product the Tariff Act, the Department will In the event that the Department code system. In addition, China Steel direct the Customs Service to suspend receives requests for hearings from parties to several hot-rolled carbon steel states that it is still able to calculate cost liquidation of all entries of subject flat products cases, the Department may for some merchandise for which it did merchandise from Taiwan that are schedule a single hearing to encompass not report complete physical entered, or withdrawn from warehouse, all those cases. Parties should confirm characteristics. It is unclear from the for consumption on or after the date of by telephone the time, date, and place record why China Steel cannot provide publication of this notice in the Federal of the hearing 48 hours before the physical characteristics for certain sales, Register. The Customs Service shall yet still associates costs to those same scheduled time. Interested parties who require a cash deposit or posting of a sales. Moreover, China Steel never wish to request a hearing, or participate bond equal to the estimated preliminary provided any supporting documentation if one is requested, must submit a dumping margin indicated in the chart in regards to the sales at issue, despite written request within 30 days of the below. This suspension of liquidation the Department’s request in a publication of this notice. Oral will remain in effect until further notice. supplemental questionnaire that it do presentations will be limited to issues so. Without this documentation the The margins in the preliminary raised in the briefs. If this investigation Department is unable to determine the determination are as follows: proceeds normally, we will make our accuracy of China Steel’s responses final determination no later than 75 regarding this merchandise. See Exporter/manufacturer Margin days after the date of publication of this Adverse Facts Available Memorandum, (percent) preliminary determination. This determination is issued and April 23, 2001. China Steel Corporation (including Therefore, because of these Yieh Loong) ...... 29.14 published in accordance with section deficiencies, on April 17 and April 18, An Feng Steel Co., Ltd...... 29.14 733(d) and 777(i)(1) of the Tariff Act. 2001, we issued to these companies a All Others ...... 20.28 Since January 20, 2001, Bernard T. supplemental questionnaire, the Carreau is fulfilling the duties of the
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Assistant Secretary for Import being, or are likely to be, sold in the scope consultations is intended to Administration. United States at less than fair value provide the Department with ample Dated: April 23, 2001. within the meaning of section 731 of the opportunity to consider all comments Act, and that such imports are and consult with parties prior to the Bernard T. Carreau, materially injuring an industry in the issuance of the preliminary Deputy Assistant Secretary, Import United States. determinations. Administration. The Department finds that the [FR Doc. 01–10856 Filed 5–2–01; 8:45 am] petitioners filed this petition on behalf Determination of Industry Support for BILLING CODE 3510–DS–P of the domestic industry because they the Petition are interested parties as defined in Section 771(4)(A) of the Act defines sections 771(9)(C) and 771(9)(D) of the the ‘‘industry’’ as the producers of a DEPARTMENT OF COMMERCE Act and have demonstrated sufficient domestic like product. Thus, to determine whether the petition has the International Trade Administration industry support with respect to each of the antidumping investigations that they requisite industry support, the statute [A–307–820, A–533–823, and A–834–807] are requesting the Department to initiate directs the Department to look to (see the Determination of Industry producers and workers who produce the Notice of Initiation of Antidumping Support for the Petitions section below). domestic like product. The International Duty Investigations: Silicomanganese Trade Commission (ITC), which is From Kazakhstan, India and Venezuela Scope of Investigations responsible for determining whether For purposes of these investigations, AGENCY: Import Administration, ‘‘the domestic industry’’ has been International Trade Administration, the products covered are all forms, sizes injured, must also determine what Department of Commerce. and compositions of silicomanganese, constitutes a domestic like product in including silicomanganese briquettes, order to define the industry. While both ACTION: Initiation of antidumping duty fines and slag. Silicomanganese is a the Department and the ITC must apply investigations. ferroalloy composed principally of the same statutory definition regarding manganese, silicon and iron, and EFFECTIVE DATE: May 3, 2001. the domestic like product (section normally contains much smaller 771(10) of the Act), they do so for FOR FURTHER INFORMATION CONTACT: proportions of minor elements, such as different purposes and pursuant to Sally Gannon (India), Robert James carbon, phosphorous and sulfur. separate and distinct authority. In (Venezuela), and Jean Kemp Silicomanganese is sometimes referred addition, the Department’s (Kazakhstan) at (202) 482–0162, (202) to as ferrosilicon manganese. determination is subject to limitations of 482–0649, and (202) 482–4037, Silicomanganese is used primarily in time and information. Although this respectively; Import Administration, steel production as a source of both may result in different definitions of the International Trade Administration, silicon and manganese. like product, such differences do not U.S. Department of Commerce, 14th Silicomanganese generally contains by render the decision of either agency Street and Constitution Avenue, NW., weight not less than 4 percent iron, contrary to the law.1 Washington, DC 20230. more than 30 percent manganese, more Section 771(10) of the Act defines the Initiation of Investigations than 8 percent silicon and not more domestic like product as ‘‘a product than 3 percent phosphorous. which is like, or in the absence of like, The Applicable Statute and Regulations Silicomanganese is properly classifiable most similar in characteristics and uses Unless otherwise indicated, all under subheading 7202.30.0000 of the with, the article subject to an citations to the statute are references to Harmonized Tariff Schedule of the investigation under this title.’’ Thus, the the provisions effective January 1, 1995, United States (HTSUS). Some reference point from which the the effective date of the amendments silicomanganese may also be classified domestic like product analysis begins is made to the Tariff Act of 1930 (the Act) under HTSUS subheading 7202.99.5040. ‘‘the article subject to an investigation,’’ by the Uruguay Round Agreements Act This petition covers all i.e., the class or kind of merchandise to (URAA). In addition, unless otherwise silicomanganese, regardless of its tariff be investigated, which normally will be indicated, all citations to the classification. Although the HTSUS the scope as defined in the petition. Department’s regulations are references subheadings are provided for Moreover, the petitioners do not offer a to the provisions codified at 19 CFR Part convenience and U.S. Customs definition of domestic like product 351 (2000). purposes, our written description of the distinct from the scope of the scope remains dispositive. The Petition investigation. During our review of the petition, we In this case, ‘‘the article subject to On April 6, 2001, the Department of discussed the scope with the petitioners investigation’’ also is substantially Commerce (the Department) received a to ensure that it accurately reflects the similar to the scope of the Department’s petition filed in proper form by the product for which the domestic industry antidumping duty order involving following parties: Eramet Marietta Inc. is seeking relief. Moreover, as discussed silicomanganese published in 1994. See (Eramet) and the Paper, Allied- in the preamble to the Department’s Notice of Antidumping Duty Order: Industrial, Chemical and Energy regulations (62 FR 27323), we are setting Silicomanganese From the People’s Workers International Union, Local 5– aside a period for parties to raise issues Republic of China (PRC), 59 FR 66003 0639 (collectively, the petitioners). The regarding product coverage. The (December 22, 1994). Thus, based on Department received from the Department encourages all parties to our analysis of the information petitioners information supplementing submit such comments by May 17, the petition throughout the 20-day 2001. Comments should be addressed to 1 See Algoma Steel Corp. Ltd., v. United States, initiation period. Import Administration’s Central 688 F. Supp. 639, 642–44 (CIT 1988); High In accordance with section 732(b) of Records Unit at Room 1870, U.S. Information Content Flat Panel Displays and Display Glass Therefore from Japan: Final the Act, the petitioners allege that Department of Commerce, 14th Street Determination; Rescission of Investigation and imports of silicomanganese from and Constitution Avenue, NW., Partial Dismissal of Petition, 56 FR 32376, 32380– Kazakhstan, India, and Venezuela are Washington, DC 20230. The period of 81 (July 16, 1991).
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presented to the Department above and and see also Memorandum to the File, subheading, for the POI, excluding the information obtained and reviewed Contacts with Source of Market February and March 2001, based on the independently by the Department, we Research for Antidumping Petition data published by the U.S. International have determined that there is a single Regarding Imports of Silicomanganese Trade Commission’s dataweb. This data, domestic like product which is defined from Venezuela, April 23, 2001 (Market as presented, is FOB customs value. Net in the Scope of Investigations section Research for Venezuela). Should the U.S. price was calculated by deducting above, and have analyzed industry need arise to use any of this information foreign inland freight and brokerage and support in terms of this domestic like as facts available under section 776 of handling charges, which were based on product. the Act in our preliminary or final foreign market research and inflated Section 732(b)(1) of the Act requires determinations, we may re-examine the appropriately. that a petition be filed on behalf of the information and revise the margin Normal Value domestic industry. Section 732(c)(4)(A) calculations, if appropriate. The of the Act provides that a petition meets anticipated period of investigation (POI) With respect to normal value (NV), this requirement if the domestic for the market economy countries is the petitioners provided a home market producers or workers who support the April 1, 2000, through March 31, 2001, price that was obtained from foreign petition account for: (1) At least 25 while the anticipated POI for market research for a grade, i.e., silicon percent of the total production of the Kazakhstan, the non-market economy and carbon content, that is comparable domestic like product; and (2) more (NME) country, is October 1, 2000, or identical to that of the products than 50 percent of the production of the through March 31, 2001. exported to the United States which domestic like product produced by that Regarding the investigation involving serve as the basis for EP. The petitioners portion of the industry expressing the NME, the Department presumes, state that the home market price support for, or opposition to, the based on the extent of central quotation was ex-factory, and, therefore, petition. The sole U.S. producer of the government control in an NME, that a they did not make any deductions for domestic like product, and the trade single dumping margin, should there be movement expenses from this price. union which represents its workers, are one, is appropriate for all NME Although the petitioners provided petitioners in this case. Furthermore, exporters in the given country. See, e.g., information on home market prices, they also provided information the Department received no opposition Final Determination of Sales at Less demonstrating reasonable grounds to to the petition. Therefore, we conclude Than Fair Value: Silicon Carbide from believe or suspect that sales of that the domestic producers or workers the PRC, 59 FR 22585 (May 2, 1994). In silicomanganese in the home market who support the petition account for the course of these investigations, all were made at prices below the fully more than 50 percent of the production parties will have the opportunity to absorbed cost of production (COP), of the domestic like product produced provide relevant information related to within the meaning of section 773(b) of by that portion of the industry the issues of Kazakhstan’s NME status the Tariff Act, and requested that the expressing support for or opposition to and the granting of separate rates to Department conduct a country-wide the petition. Thus, the requirements of individual exporters. sales-below-cost investigation. section 732(c)(4)(A)(ii) are also met. Lastly, export price (EP) was based on Accordingly, the Department Pursuant to section 773(b)(3) of the the data published by the U.S. Tariff Act, COP refers to the total cost determines that the petitions were filed International Trade Commission’s on behalf of the domestic industry of producing the foreign-like product dataweb, at http://dataweb.usitc.gov/ which includes the cost of within the meaning of section 732(b)(1) scripts/REPORT.asp (dataweb). This of the Act. See the Import manufacturing (COM), selling, general data, as presented, is FOB customs and administrative expenses (SG&A), Administration AD Investigation value. Specifically, the petitioners Checklist, April 26, 2001 (Initiation and packing expenses. The petitioners calculated the average unit values Checklist) (public version on file in the calculated COM based on their own (AUVs) of silicomanganese entering the Central Records Unit of the Department production experience, adjusted for United States from India, Kazakhstan, of Commerce, Room B–099). known differences between costs and Venezuela during the respective incurred to produce silicomanganese in Export Price and Normal Value POIs, excluding February and March the United States and India, using The following are descriptions of the 2001, and made the applicable publicly available data, foreign market allegations of sales at less than fair value adjustments to the AUVs. The margins research, and price quotes from upon which the Department has based calculated using this methodology are as suppliers. To calculate SG&A, its decision to initiate these follows: India, 5.89 to 86.98 percent; petitioners relied upon the aggregate investigations. The sources of data for Kazakhstan, 164.29 percent; and financial and cost data for the metals the deductions and adjustments relating Venezuela, 20.38 to 47.14 percent. and chemicals sector in India published to home market price, U.S. price, Because the Department considers the by the Reserve Bank of India (RBI). constructed value (CV) and factors of country-wide import statistics to Based upon the comparison of the production (FOP) are detailed in the calculate estimated margins to be prices of the foreign like product in the Initiation Checklist. Where the sufficient for purposes of initiation, we home market to the calculated COP of petitioners obtained data from foreign have initiated these investigations based the product, we find reasonable grounds market research, we contacted the on the country-wide import statistics for to believe or suspect that sales of the researcher to establish its credentials the POI, excluding February and March foreign like product were made at prices and to confirm the validity of the 2001, for which data was not available, below the COP, within the meaning of information being provided. See for each country, respectively. section 773(b)(2)(A)(i) of the Tariff Act. Memorandum to the File, Contacts with India Accordingly, the Department is Source of Market Research for initiating a country-wide cost Antidumping Petition Regarding Export Price investigation. See Initiation of Cost Imports of Silicomanganese from India The petitioners based EP on the AUV Investigations section below. and Kazakhstan, April 23, 2001 (Market of silicomanganese imported from India Pursuant to sections 773(a)(4), 773(b) Research for India and Kazakhstan), under the applicable HTSUS and 773(e) of the Tariff Act, petitioners
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based NV for sales in India on CV. The review in the Silicomanganese from the comparable merchandise. Also, petitioners calculated CV using the People’s Republic of China antidumping petitioners state that Indian data are same COM and SG&A used to compute case. See Silicomanganese From the available for nearly all FOP used to Indian home market costs. Consistent People’s Republic of China: Notice of manufacture silicomanganese. Based on with section 773(e)(2) of the Tariff Act, Final Results of Antidumping the information provided by the petitioners included in CV an amount Administrative Review, 65 FR 31514 petitioners, we believe that the for profit. The petitioners calculated a (May 18, 2000) (Silicomanganese from petitioners’ use of India as a surrogate profit amount using the data published the PRC). country is appropriate for purposes of by the RBI for the metals and chemicals Normal Value initiating this investigation. processing and manufacturing sector. The estimated dumping margin for The petitioners allege that Kazakhstan In accordance with section 773(c)(4) India based on a comparison between is an NME country, and in all previous of the Tariff Act, the petitioners valued EP and home market price is 5.89 investigations, the Department has FOP, where possible, on reasonably percent. Based upon the comparison of determined that Kazakhstan is an NME. available, public surrogate data from EP to CV, the petitioners calculated an See, e.g., Notice of Final Determination India. Raw and process materials were estimated dumping margin of 86.98 of Sales at Less Than Fair Value: primarily valued based on price quotes percent. Beryllium Metal and High Beryllium from an Indian supplier, foreign Alloys from the Republic of Kazakhstan, research conducted in India (including Kazakhstan 62 FR 2648, 2649 (January 17, 1997). using Eramet’s cost methodology for Export Price Kazakhstan will be treated as an NME valuing silicomanganese fines), and unless and until its NME status is Indian import statistics from the The petitioners identified Joint Stock revoked. Pursuant to section Monthly Statistics of the Foreign Trade Corporation Yermak Ferro-Alloys 771(18)(C)(i) of the Tariff Act, because of India, Volume II: Imports. (We note (Yermak) and Temirtau Chemical and Kazakhstan’s status as an NME remains that petitioners did not directly value Metal Works (Temirtau) as the only in effect, the petitioners determined the electrode paste but instead treated producers of subject merchandise in dumping margin using a factors of Kazakhstan. The petitioners were electrode paste as part of factory production (FOP) analysis. overhead, citing Silicomanganese from unable to obtain specific sales or offers For NV, the petitioners based the for sale of subject merchandise in the the PRC, in which the Department FOP, as defined by section 773(c)(3) of concluded that electrode paste may United States. Therefore, petitioners the Tariff Act, on the consumption rates based EP on the AUVs for one ten-digit have been already included in the of Eramet’s silicomanganese plant in the ‘‘stores and spares’’ overhead category. category of the HTSUS (7202.30.0000) United States, adjusted for known on imports from Kazakhstan for the POI See Issues and Decision Memorandum differences in electricity and electrode for the Antidumping Duty (excluding February and March 2001 consumption. The petitioners assert that because data were not available at the Administrative Review of information regarding either Kazakhstan Silicomanganese from the People’s time of the petition filing). For the producers’ consumption rates is not Republic of China—December 1, 1997 HTSUS category under examination, the available, and have therefore assumed, through November 30, 1998 (May 8, petitioners calculated the import AUVs for purposes of the petition, that 2000). Also, we note that petitioners using the reported quantity and producers in Kazakhstan use the same believe the correct approach is to Customs value for imports as recorded inputs in the same quantities as the in the U.S. Census Bureau’s official IM– petitioners use, except where a variance directly value electrode paste because it 145 import statistics. We note that from the petitioners’ cost model can be is a direct input and to include ‘‘stores Customs import value as defined by justified on the basis of available and spares’’ expenses in the numerator Technical Documentation for US information. The petitioners argue that in the calculation of the factory Exports and Imports of Merchandise on the use of the petitioners’ FOP is overhead rate.) Labor was valued using CD–ROM excludes U.S. import duties, conservative for the following reasons: the regression-based wage rate for freight, insurance and other charges (1) They have not made adjustments to Kazakhstan provided by the incurred in bringing the merchandise to Eramet’s FOP for the increases in certain Department, in accordance with 19 CFR the United States. The petitioners FOP by the Kazakh producers; and (2) 351.408(c)(3). Electricity was valued calculated a net U.S. price by deducting they have used a certain surrogate value. using the rate for India published in a from EP foreign inland freight to the Because this information is proprietary, quarterly report of the OECD’s port of exportation and brokerage and see the Initiation Checklist (proprietary International Energy Agency. For handling charges at the port of version) for details. Based on the overhead, SG&A and profit, the exportation. In order to calculate foreign information provided by the petitioners, petitioners, at the request of the inland freight, the petitioners we believe the petitioners’ FOP Department, applied rates derived from determined that the distance by rail methodology represents information the RBI for the Indian metals and between each of the factories and the reasonably available to the petitioners chemicals sector. All surrogate values port exceeds 1,525 kilometers, and then and is appropriate for purposes of which fell outside the POI were applied an Indian rail rate as a initiating this investigation. adjusted for inflation based on the surrogate. We note that the distance The petitioners assert that India is the currency in which the source data were from both factories to the port of most appropriate surrogate country for reported. The Indian wholesale price exportation appears to exceed 1,525 Kazakhstan because, pursuant to section index, as published by the International kilometers. For brokerage and handling 773(c), the Department calculates Monetary Fund’s International Financial charges at the port of exportation, normal value in an NME antidumping Statistics, was used for these petitioners used an Indian brokerage investigation by valuing the FOP using adjustments. Based on the information and handling rate as a surrogate. Both of values in a surrogate, market-economy provided by the petitioners, we believe these surrogate value rates, which were country that (1) is at a comparable level their surrogate values represent adjusted for inflation, were used in the of economic development to the NME information reasonably available to the Department’s most recent final results of and (2) is a significant producer of petitioners and are acceptable for
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purposes of initiation of this initiating a cost investigation for foreign like products to their COPs, we investigation. Venezuela. See Initiation of Cost find the existence of ‘‘reasonable Based upon the comparison of EP to Investigations section below. grounds to believe or suspect’’ that sales CV, the petitioners calculated an Given the evidence of below-cost of these foreign like products in the estimated dumping margin of 164.29 sales, petitioners also based NV on CV markets of India and Venezuela were percent. pursuant to sections 773(a)(4), 773(b) made at prices below their respective and 773(e) of the Tariff Act. The COPs within the meaning of section Venezuela petitioners calculated CV using the 773(b)(2)(A)(i) of the Act. Accordingly, Export Price same COM and SG&A used to compute the Department is initiating the Venezuelan home market costs. The requested country-wide cost The petitioners based EP on the AUV petitioners did not include in CV an investigations. of silicomanganese imported from amount for profit. However, petitioners Venezuela under the applicable HTSUS point out that, consistent with section Fair Value Comparisons subheading, for the POI, excluding 773(e)(2) of the Tariff Act, the Based on the data provided by the February and March 2001, based on the Department has to include an amount petitioners, there is reason to believe data published by the U.S. International for profit in its NV and CV calculations that imports of silicomanganese from Trade Commission’s dataweb. This data, during the investigation. India, Kazakhstan, and Venezuela are as presented, is FOB customs value. Net The estimated dumping margin for being, or are likely to be, sold at less U.S. price was calculated by deducting Venezuela, based on a comparison than fair value. foreign inland, which was based on between EP and home market price, is Allegations and Evidence of Material foreign market research. 20.38 percent. The estimated dumping Injury and Causation Normal Value margin for price-to-CV comparisons is 47.14 percent. The petitioners allege that the U.S. Petitioners used data obtained from a industry producing the domestic like foreign market researcher to determine Initiation of Cost Investigations product is being materially injured, or is the price charged in the home market. As noted above, pursuant to section threatened with material injury, by The price quote obtained by the 773(b) of the Act, the petitioners reason of the individual and cumulated researcher represents a selling price provided information demonstrating imports of the subject merchandise sold (exclusive of taxes) in U.S. dollars reasonable grounds to believe or suspect at less than NV. The petitioners contend during the last half of 2000 and January that sales in the home markets of India that the industry’s injured condition is and February 2001. Terms of sale were and Venezuela were made at prices evident in the declining trends in net delivered. Petitioners then deducted an below the fully absorbed COP and, operating profits, net sales volumes, amount for inland freight. Information accordingly, requested that the profit-to-sales ratios, and capacity regarding inland freight charges in Department conduct country-wide sales- utilization. The allegations of injury and Venezuela was also obtained from the below-COP investigations in connection causation are supported by relevant foreign market researcher. See Initiation with the requested antidumping evidence including U.S. Customs import Checklist. investigations for these countries. The data, lost sales, and pricing information. Petitioners provided information Statement of Administrative Action We have assessed the allegations and demonstrating reasonable grounds to (SAA), submitted to the U.S. Congress supporting evidence regarding material believe or suspect that sales of in connection with the interpretation injury and causation, and have silicomanganese in the home market and application of the URAA, states that determined that these allegations are were made at prices below COP, within an allegation of sales below COP need properly supported by accurate and the meaning of section 773(b) of the not be specific to individual exporters adequate evidence and meet the Tariff Act, and requested that the or producers. SAA, H. Doc. 103–316, at statutory requirements for initiation (see Department conduct a sales-below-cost 833(1994); see also 19 CFR Initiation Checklist). investigation for Venezuela. 351.301(d)(2). The SAA, at 833, states As indicated above, pursuant to that ‘‘Commerce will consider Initiation of Antidumping Investigations section 773(b)(3) of the Tariff Act, COP allegations of below-cost sales in the Based upon our examination of the consists of the COM, SG&A, and aggregate for a foreign country, just as petitions on silicomanganese, and the packing. Petitioners calculated COM Commerce currently considers petitioners’ responses to our based on their own production allegations of sales at less than fair value supplemental questionnaire clarifying experience, adjusted for known on a country-wide basis for purposes of the petitions, as well as our differences between cost incurred to initiating an antidumping conversations with the foreign market produce silicon manganese in the investigation.’’ researcher who provided information United States and Venezuela using Further, the SAA provides that ‘‘new concerning various aspects of the publicly available data and foreign section 773(b)(2)(A) retains the current petition, we have found that it meets the market research. To calculate SG&A, requirement that Commerce have requirements of section 732 of the Act. petitioners relied on data obtained from ‘reasonable grounds to believe or See Initiation Checklist, Market the financial statement of HEVENSA, a suspect’ that below cost sales have Research for India and Kazakhstan, and Venezuelan steel producer. Based upon occurred before initiating such an Market Research for Venezuela. the comparison of the prices of the investigation. ‘Reasonable grounds’ Therefore, we are initiating foreign like product in the home market * * * exist when an interested party antidumping duty investigations to to the calculated COP of the product, we provides specific factual information on determine whether imports of find reasonable grounds to believe or costs and prices, observed or silicomanganese from India, suspect that sales of the foreign like constructed, indicating that sales in the Kazakhstan, and Venezuela are being, or product were made at prices below the foreign market in question are at below- are likely to be, sold in the United States COP, within the meaning of section cost prices.’’ Id. Based upon the at less than fair value. Unless this 773(b)(2)(A)(i) of the Tariff Act. comparison of the adjusted prices from deadline is extended, we will make our Accordingly, the Department is the petition for the representative preliminary determinations no later
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than 140 days after the date of this China. The review covers the period DEPARTMENT OF COMMERCE initiation. August 1, 1999 through July 31, 2000. International Trade Administration Distribution of Copies of the Petitions FOR FURTHER INFORMATION CONTACT: In accordance with section Sean Carey or Samantha Denenberg, [A–588–841] AD/CVD Enforcement Office 7, Import 732(b)(3)(A) of the Act, a copy of the Vector Supercomputers From Japan: Administration, International Trade public version of the petition has been Notice of Final Results of Changed Administration, U.S. Department of provided to the representatives of the Circumstances Review, and Commerce, 14th Street and Constitution governments of India, Kazakhstan, and Revocation of Antidumping Duty Order Venezuela. We will attempt to provide Avenue, NW., Washington, DC 20230, a copy of the public version of the telephone: (202) 482–3964 or (202) 482– AGENCY: Import Administration, petition to each exporter named in the 1386, respectively. International Trade Administration, petition, as appropriate. Department of Commerce. Postponement of Preliminary Results of ACTION: International Trade Commission Review Notice of final results of Notification changed circumstances review, and On October 2, 2000, the Department revocation of antidumping duty order. We have notified the ITC of our published a notice of initiation of an initiations, as required by section 732(d) SUMMARY: On March 13, 2001, the administrative review of the of the Act. Department of Commerce (‘‘the antidumping duty order on sulfanilic Department’’) published a notice of Preliminary Determinations by the ITC acid from the People’s Republic of initiation and preliminary results of a The ITC will determine, no later than China, covering the period August 1, changed circumstances review with the May 21, 2001, whether there is a 1999 through July 31, 2000 (65 FR intent to revoke the antidumping duty reasonable indication that imports of 58733). The preliminary results are order on certain vector supercomputers silicomanganese from India, currently due no later than May 3, 2001. from Japan. See Certain Vector Kazakhstan, and Venezuela are causing Section 751(a)(3)(A) of the Tariff Act, Supercomputers From Japan: Notice of material injury, or threatening to cause as amended (the Act), requires the Initiation and Preliminary Results of material injury, to a U.S. industry. A Department to issue its preliminary Changed Circumstances Review of the negative ITC determination for any results within 245 days after the last day Antidumping Order and Intent to country will result in the investigation of the anniversary month of an order/ Revoke Order (‘‘Initiation and being terminated with respect to that finding for which a review is requested. Preliminary Results’’), 66 FR 14547 country; otherwise, these investigations However, if it is not practicable to (March 13, 2001). In our Initiation and will proceed according to statutory and complete the preliminary results within Preliminary Results, we gave interested regulatory time limits. this time period, section 751(a)(3)(A) of parties an opportunity to comment. No This notice is issued and published the Act allows the Department to extend interested party opposed the pursuant to section 777(i) of the Act. preliminary results. the time limit for a preliminary Effective January 20, 2001, Bernard T. Therefore, we are now revoking this determination to a maximum of 365 Carreau is fulfilling the duties of the order because the domestic producer of days. Assistant Secretary for Import the like product has expressed no Administration. We determine that it is not practicable interest in the continuation of the order. Dated: April 26, 2001. to complete the preliminary results of EFFECTIVE DATE: May 3, 2001. this review within the original time Bernard T. Carreau, FOR FURTHER INFORMATION CONTACT: limit. Therefore, the Department is Deputy Assistant Secretary, Import Mark Young or James Terpstra AD/CVD Administration. extending the time limit for completion Enforcement, Office VI, Group II, Import [FR Doc. 01–11149 Filed 5–2–01; 8:45 am] of the preliminary results to no later Administration, International Trade BILLING CODE 3510–DS–P than August 31, 2001. See Administration, U.S. Department of Memorandum from Barbara E. Tillman Commerce, 14th Street and Constitution to Joseph A. Spetrini, dated April 26, Avenue, NW., Washington, DC 20230; DEPARTMENT OF COMMERCE 2001, which is on file in the Central telephone: (202) 482–6397, or (202) Records Unit, Room B–099 of the main 482–3965 respectively. International Trade Administration Commerce Building. This extension is The Applicable Statute and Regulations [A–570–815] in accordance with section 751(a)(3)(A) of the Act. Unless otherwise indicated, all citations to the statute are references to Sulfanilic Acid From the People’s Dated: April 27, 2001. Republic of China; Notice of Extension the provisions effective January 1, 1995, of Time Limit for Antidumping Richard O. Weible, the effective date of the amendments Administrative Review Acting Deputy Assistant Secretary, AD/CVD made to the Tariff Act of 1930 (‘‘the Enforcement Group III. Act’’) by the Uruguay Round AGENCY: Import Administration, [FR Doc. 01–11151 Filed 5–2–01; 8:45 am] Agreements Act. In addition, unless International Trade Administration, BILLING CODE 3510–DS–P otherwise indicated, all citations to the Department of Commerce. Department’s regulations are to the EFFECTIVE DATE: May 3, 2001. regulations as codified at 19 CFR part SUMMARY: The Department of Commerce 351 (2000). (the Department) is extending the time SUPPLEMENTARY INFORMATION: limit for the preliminary results of the administrative review of the Background antidumping duty order on sulfanilic On February 27, 2001, Cray Inc. acid from the People’s Republic of (‘‘Cray’’) requested that the Department
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conduct a changed circumstances Department is revoking the order on the North American Free Trade review and revoke the antidumping certain vector supercomputers from Agreement. Panel review was requested duty order on vector supercomputers Japan, in accordance with sections of the 9th Administrative review of the from Japan, retroactive to October 1, 751(b) and (d) and 782(h) of the Act and antidumping duty order made by the 2000. In its February 27, 2001 request, 19 CFR 351.216(d) and 351.222(g), International Trade Administration, Cray claims that it is the only U.S. effective October 1, 2000. respecting Gray Portland Cement and producer of vector supercomputers and We will instruct the U.S. Customs Clinker from Mexico. This was the sole petitioner in the Service (‘‘Customs’’) to end the determination was published in the antidumping investigation that led to suspension of liquidation effective Federal Register (66 Fed. Reg. 14889) on the antidumping order. Further, Cray October 1, 2000, and to liquidate March 14, 2001. The NAFTA Secretariat states that it no longer has an interest in without regard to antidumping duties, has assigned Case Number USA–MEX– maintaining this order. As noted above, as applicable, and to refund any 2001–1904–04 to this request. we gave interested parties an estimated antidumping duties collected FOR FURTHER INFORMATION CONTACT: opportunity to comment on the for all unliquidated entries of certain Caratina L. Alston, United States Initiation and Preliminary Results. We vector supercomputers meeting the Secretary, NAFTA Secretariat, Suite received no comments from interested specifications indicated above entered 2061, 14th and Constitution Avenue, parties. On March 26, 2001 we received or withdrawn from warehouse for Washington, DC 20230, (202) 482–5438. a submission from Skymoon Ventures consumption on or after October 1, SUPPLEMENTARY INFORMATION: Chapter (‘‘Skymoon’’) in support of revocation of 2000. We will also instruct Customs to 19 of the North American Free-Trade the order. Skymoon identified itself as pay interest on such refunds in Agreement (‘‘Agreement’’) establishes a being part of the ‘‘high technology accordance with section 778 of the Act. mechanism to replace domestic judicial industry.’’ However, Skymoon produced This notice also serves as a reminder review of final determinations in no evidence that it was an interested to parties subject to administrative antidumping and countervailing duty party within the meaning of section protective orders (‘‘APOs’’) of their cases involving imports from a NAFTA 771(9)(C) of the Act and 19 CFR responsibility concerning the country with review by independent 351.102(b). Therefore, we have not disposition of proprietary information binational panels. When a Request for considered its comments in these final disclosed under APO in accordance Panel Review is filed, a panel is results. with 19 CFR 351.306. Timely written established to act in place of national notification of the return/destruction of Scope of Review courts to review expeditiously the final APO materials or conversion to judicial determination to determine whether it The scope of this order consists of all protective order is hereby requested. conforms with the antidumping or vector supercomputers, whether new or Failure to comply with the regulations countervailing duty law of the country used, and whether in assembled or and terms of an APO is a sanctionable unassembled form, as well as vector that made the determination. violation. Under Article 1904 of the Agreement, supercomputer spare parts, repair parts, This changed circumstances which came into force on January 1, upgrades, and system software, shipped administrative review, revocation of the 1994, the Government of the United to fulfill the requirements of a contract antidumping duty order and notice are States, the Government of Canada and entered into on or after October 16, in accordance with sections 751(b) and the Government of Mexico established 1997, for the sale and, if included, (d) and 782(h) of the Act and sections Rules of Procedure for Article 1904 maintenance of a vector supercomputer. 351.216 and 351.222(g) of the Binational Panel Reviews (‘‘Rules’’). A vector supercomputer is any Department’s regulations. computer with a vector hardware unit as These Rules were published in the an integral part of its central processing Dated: April 27, 2001. Federal Register on February 23, 1994 unit boards. Timothy J. Hauser, (59 FR 8686). In general, the vector supercomputers Acting Under Secretary for International A first Request for Panel Review was imported from Japan, whether Trade. filed with the United States Section of assembled or unassembled, covered by [FR Doc. 01–11272 Filed 5–1–01; 2:32 pm] the NAFTA Secretariat, pursuant to this order are classifiable under heading BILLING CODE 3510–DS–P Article 1904 of the Agreement, on April 8471 of the Harmonized Tariff 6, 2001, requesting panel review of the Schedules of the United States (‘‘HTS’’). 9th administrative review of the Merchandise properly classified under DEPARTMENT OF COMMERCE antidumping duty order described HTS numbers 8471.10 and 8471.30, above. however, is excluded from the scope of International Trade Administration The Rules provide that: (a) A Party or interested person may this order. Although, these references to North American Free-Trade the HTS are provided for convenience challenge the final determination in Agreement, Article 1904 NAFTA Panel whole or in part by filing a Complaint and customs purposes, our written Reviews; Request for Panel Review description of the scope of this order is in accordance with Rule 39 within 30 dispositive. AGENCY: NAFTA Secretariat, United days after the filing of the first Request States Section, International Trade for Panel Review (the deadline for filing Final Results of Review; Revocation of Administration, Department of a Complaint is May 7, 2001); Antidumping Duty Order Commerce. (b) a Party, investigating authority or The affirmative statement of no ACTION: Notice of first request for panel interested person that does not file a interest by petitioners concerning vector review. Complaint but that intends to appear in supercomputers, as described herein, support of any reviewable portion of the constitutes changed circumstances SUMMARY: On April 6, 2001, CEMEX, final determination may participate in sufficient to warrant revocation of this S.A. de C.V. (‘‘CEMEX’’) filed a First the panel review by filing a Notice of order. Furthermore, no interested party Request for Panel Review with the Appearance in accordance with Rule 40 commented on the Initiation and United States Section of the NAFTA within 45 days after the filing of the first Preliminary Results. Therefore, the Secretariat pursuant to Article 1904 of Request for Panel Review (the deadline
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for filing a Notice of Appearance is May countervailing duty law of the country SUMMARY: On April 20, 2001, Tubos de 21, 2001); and that made the determination. Acero de Mexico, S.A. (‘‘TAMSA’’) filed (c) the panel review shall be limited Under Article 1904 of the Agreement, a First Request for Panel Review with to the allegations of error of fact or law, which came into force on January 1, the United States Section of the NAFTA including the jurisdiction of the 1994, the Government of the United Secretariat pursuant to Article 1904 of investigating authority, that are set out States, the Government of Canada and the North American Free Trade in the Complaints filed in the panel the Government of Mexico established Agreement. Panel review was requested review and the procedural and Rules of Procedure for Article 1904 of the fourth administrative review of substantive defenses raised in the panel Binational Panel Reviews (‘‘Rules’’). the antidumping duty order and review. These Rules were published in the determination not to revoke made by the Dated: April 10, 2001. Federal Register on February 23, 1994 International Trade Administration, (59 FR 8686). respecting Oil Country Tubular Goods Caratina L. Alston, A first Request for Panel Review was from Mexico. This determination was United States Secretary, NAFTA Secretariat. filed with the United States Section of published in the Federal Register (66 [FR Doc. 01–11042 Filed 5–2–01; 8:45 am] the NAFTA Secretariat, pursuant to FR 15832) on March 21, 2001. The BILLING CODE 3510–GT–P Article 1904 of the Agreement, on April NAFTA Secretariat has assigned Case 6, 2001, requesting panel review of the Number USA–MEX–2001–1904–05 to five-year sunset review of the this request. DEPARTMENT OF COMMERCE antidumping duty order described FOR FURTHER INFORMATION CONTACT: International Trade Administration above. Caratina L. Alston, United States The Rules provide that: Secretary, NAFTA Secretariat, Suite North American Free-Trade (a) A Party or interested person may 2061, 14th and Constitution Avenue, Agreement, Article 1904 NAFTA Panel challenge the final determination in Washington, DC 20230, (202) 482–5438. whole or in part by filing a Complaint Reviews; Request for Panel Review SUPPLEMENTARY INFORMATION: Chapter in accordance with Rule 39 within 30 19 of the North American Free-Trade AGENCY: NAFTA Secretariat, United days after the filing of the first Request Agreement (‘‘Agreement’’) establishes a States Section, International Trade for Panel Review (the deadline for filing mechanism to replace domestic judicial Administration, Department of a Complaint is May 7, 2001); review of final determinations in Commerce. (b) A Party, investigating authority or antidumping and countervailing duty interested person that does not file a ACTION: Notice of first request for panel cases involving imports from a NAFTA Complaint but that intends to appear in review. country with review by independent support of any reviewable portion of the binational panels. When a Request for SUMMARY: On April 6, 2001, Tubos de final determination may participate in Panel Review is filed, a panel is Acero de Mexico, S.A. (‘‘TAMSA’’) filed the panel review by filing a Notice of established to act in place of national a First Request for Panel Review with Appearance in accordance with Rule 40 courts to review expeditiously the final the United States Section of the NAFTA within 45 days after the filing of the first determination to determine whether it Secretariat pursuant to Article 1904 of Request for Panel Review (the deadline conforms with the antidumping or the North American Free Trade for filing a Notice of Appearance is May countervailing duty law of the country Agreement. Panel review was requested 21, 2001); and that made the determination. of the five-year sunset review of the (c) The panel review shall be limited Under Article 1904 of the Agreement, antidumping duty order made by the to the allegations of error of fact or law, which came into force on January 1, International Trade Administration, including the jurisdiction of the 1994, the Government of the United respecting Oil Country Tubular Goods investigating authority, that are set out States, the Government of Canada and from Mexico. This determination was in the Complaints filed in the panel the Government of Mexico established published in the Federal Register (66 review and the procedural and Rules of Procedure for Article 1904 FR 14131) on March 9, 2001. The substantive defenses raised in the panel Binational Panel Reviews (‘‘Rules’’). NAFTA Secretariat has assigned Case review. These Rules were published in the Number USA–MEX–2001–1904–03 to Dated: April 10, 2001. Federal Register on February 23, 1994 this request. Caratina L. Alston, (59 FR 8686). FOR FURTHER INFORMATION CONTACT: United States Secretary, NAFTA Secretariat. A first Request for Panel Review was Caratina L. Alston, United States [FR Doc. 01–11043 Filed 5–2–01; 8:45 am] filed with the United States Section of Secretary, NAFTA Secretariat, Suite BILLING CODE 3510–GT–P the NAFTA Secretariat, pursuant to 2061, 14th and Constitution Avenue, Article 1904 of the Agreement, on April Washington, DC 20230, (202) 482–5438. 6, 2001, requesting panel review of the SUPPLEMENTARY INFORMATION: Chapter DEPARTMENT OF COMMERCE five-year sunset review of the 19 of the North American Free-Trade antidumping duty order described Agreement (‘‘Agreement’’) establishes a International Trade Administration above. mechanism to replace domestic judicial The Rules provide that: review of final determinations in North American Free-Trade (a) A Party or interested person may antidumping and countervailing duty Agreement, Article 1904; NAFTA Panel challenge the final determination in cases involving imports from a NAFTA Reviews; Request for Panel Review whole or in part by filing a Complaint country with review by independent AGENCY: NAFTA Secretariat, United in accordance with Rule 39 within 30 binational panels. When a Request for States Section, International Trade days after the filing of the first Request Panel Review is filed, a panel is Administration, Department of for Panel Review (the deadline for filing established to act in place of national Commerce. a Complaint is May 21, 2001); courts to review expeditiously the final (b) A Party, investigating authority or ACTION: Notice of first request for panel determination to determine whether it interested person that does not file a review. conforms with the antidumping or Complaint but that intends to appear in
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support of any reviewable portion of the Notice is hereby given of the dates of FOR FURTHER INFORMATION CONTACT: Lori final determination may participate in the site visit for the listed evaluation, E. Mennitt, International Trade the panel review by filing a Notice of and the dates, local times, and locations Specialist, Office of Textiles and Appearance in accordance with Rule 40 of the public meetings during the site Apparel, U.S. Department of Commerce, within 45 days after the filing of the first visit. (202) 482–3400. Request for Panel Review (the deadline The California Coastal Management SUMMARY: On February 28, 2001 the for filing a Notice of Appearance is June Program/California Coastal Commission Chairman of CITA received a petition 4, 2001); and evaluation site visit will be held from from Amicale Industries, Inc. alleging (c) The panel review shall be limited June 5–13, 2001. Two public meetings yarn of cashmere and yarn of camel to the allegations of error of fact or law, will be held during the week. The first hair, classified in heading 5108.10.60 of including the jurisdiction of the will be held on Wednesday, June 6, the Harmonized Tariff Schedule of the investigating authority, that are set out 2001, from 7–9 p.m., in the Bayside United States (HTSUS), cannot be in the Complaints filed in the panel Conference Room at Pier 1, San supplied by the domestic industry in review and the procedural and Francisco, California 94111. The second commercial quantities in a timely substantive defenses raised in the panel will be held on Monday, June 11, 2001, manner. It requested that the President review. from 7–9 p.m. at Ahmanson proclaim that apparel articles of U.S. Auditorium, University Hall 1000, formed fabrics of such yarns be eligible Dated: April 24, 2001. Loyola Marymount College, 7900 Loyola for preferential treatment under the Caratina L. Alston, Blvd, Los Angeles, CA 90045. CBTPA. As a result, CITA published a United States Secretary, NAFTA Secretariat. Copies of the State’s most recent Federal Register Notice on March 8, [FR Doc. 01–11114 Filed 5–2–01; 8:45 am] performance reports, as well as OCRM’s 2001 (66 FR 13913) requesting public BILLING CODE 3510–GT–P notifications and supplemental request comments on the petition. These letters to the State, are available upon comments were due March 23, 2001. request from OCRM. Written comments Based on currently available DEPARTMENT OF COMMERCE from interested parties regarding this information, CITA has determined that Program are encouraged and will be these products can be supplied by the National Oceanic and Atmospheric accepted until 15 days after the last Administration domestic industry in commercial public meeting. Please direct written quantities in a timely manner and comments to Margo E. Jackson, Deputy therefore denies the petition. Evaluation of California Coastal Director, Office of Ocean and Coastal SUPPLEMENTARY INFORMATION: Management Program Resource Management, NOS/NOAA, 1305 East-West Highway, 10th floor, Authority: Section 213(b)(2)(A)(v)(II) of the AGENCY: Office of Ocean and Coastal Caribbean Basin Economic Recovery Act, as Resource Management, National Ocean Silver Spring, Maryland 20910. When the evaluation is completed, OCRM will added by Section 211(a) of the CBTPA; Service, National Oceanic and Section 6 of Executive Order No. 13191 of Atmospheric Administration (NOAA), place a notice in the Federal Register January 17, 2001. DOC. announcing the availability of the Final Evaluation Findings. BACKGROUND: The CBTPA provides ACTION: Notice of intent to evaluate. FOR FURTHER INFORMATION CONTACT: for quota- and duty-free treatment for Margo E. Jackson, Deputy Director, qualifying textile and apparel products. SUMMARY: The NOAA of Ocean and Such treatment is generally limited to Coastal Resource Management (OCRM) Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East- products manufactured from yarns or announces its intent to evaluate the fabrics formed in the United States or a performance of the California Coastal West Highway, Silver Spring, Maryland 20910, (301) 713–3155, Extension 114. beneficiary country. The CBTPA also Management Program/California Coastal provides for quota–and duty–free Commission. Dated: April 30, 2001. treatment for apparel articles that are This coastal Zone Management Ted I. Lillestolen, both cut (or knit–to–shape) and sewn or Program evaluation will be conducted Deputy Assistant Administrator for Ocean otherwise assembled in one or more pursuant to section 312 of the Coastal Services and Coastal Zone Management. CBTPA beneficiary countries from fabric Zone Management Act of 1972 (CZMA), [FR Doc. 01–11298 Filed 5–2–01; 8:45 am] or yarn that is not formed in the United as amended and regulations at 15 CFR BILLING CODE 3510–08–M States or a CBTPA beneficiary country, part 923. if it has been determined that such The CZMA requires continuing fabric or yarn cannot be supplied by the review of the performance of states with COMMITTEE FOR THE domestic industry in commercial respect to coastal management program IMPLEMENTATION OF TEXTILE quantities in a timely manner and the implementation. Evaluation of Coastal AGREEMENTS President has proclaimed such Zone Management Programs require treatment. In Executive Order No. findings concerning the extent to which Denial of Short Supply Request under 13191, the President delegated to CITA a state has met the national objectives, the United States-Caribbean Basin the authority to determine whether adhered to its coastal program Trade Partnership Act (CBTPA) yarns or fabrics cannot be supplied by document approved by the Secretary of April 30, 2001. the domestic industry in commercial Commerce, and adhered to the terms of AGENCY: Committee for the quantities in a timely manner under the financial assistance awards funded Implementation of Textile Agreements CBTPA and directed CITA to establish under the CZMA. (CITA). procedures to ensure appropriate public This evaluation includes a site visit, participation in any such determination. ACTION: Denial of the petition alleging consideration of public comments, and that yarns of cashmere and yarns of On March 6, 2001, CITA published consultations with interested Federal, camel hair cannot be supplied by the procedures that it will follow in State, and local agencies and members domestic industry in commercial considering requests. (66 FR 13502). of the public. Public meetings will be On February 28, 2001 the Chairman of quantities in a timely manner. held as part of the site visits. CITA received a petition from Amicale
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Industries, Inc. alleging yarn of the public interest in connection with DEPARTMENT OF DEFENSE cashmere and yarn of camel hair, duties imposed on the Commission by classified in heading 5108.10.60 of the the Commodity Exchange Act, 7 U.S.C. Office of the Secretary HTSUS, cannot be supplied by the 1, et seq., as amended. Submission for OMB Review; domestic industry in commercial The objectives and scope of activities quantities in a timely manner. It Comment Request of the Agricultural Advisory Committee requested that the President proclaim are to conduct public meetings and ACTION: Notice. that apparel articles of U.S. formed submit reports and recommendations on fabrics of such yarns be eligible for The Department of Defense has issues affecting agricultural producers, preferential treatment under the CBTPA. submitted to OMB for clearance, the processors, lenders and others CITA solicited public comments following proposal for collection of regarding this request (66 FR 13913, interested in or affected by agricultural information under the provisions of the published on March 8, 2001) commodities markets, and to facilitate Paperwork Reduction Act (44 U.S.C. particularly with respect to whether communications between the Chapter 35). yarn of cashmere and yarn of camel Commission and the diverse agricultural Title and OMB Number: Defense hair, classified in HTSUS heading and agriculture-related organizations Federal Acquisition Regulation 5108.10.60, can be supplied by the represented on the Committee. Supplement Part 205, Publicizing domestic industry in commercial Commissioner David D. Spears serves Contact Actions, and DFARS 252.205– quantities in a timely manner. as Chairman and Designated Federal 7000, Provision of Information to On the basis of currently available Official of the Agricultural Advisory Cooperative Agreement Holders; OMB information, CITA has determined that Committee. The Committee’s Number 0704–0286. yarn of cashmere and yarn of camel hair membership represents a cross-section Type of Request: Extension. is spun in the United States and is Number of Respondents: 5,594. of interested and affected groups Responses per Respondent: 1. available from U.S. producers in including representatives of producers, commercial quantities in a timely Annual Responses: 6,153. processors, lenders and other interested manner. Two companies in their Average Burden per Response: 1.1 agricultural groups. submissions claim that they currently hour (average). spin the yarns in question. Two other Interested persons may obtain Annual Burden Hours: 6,153. Needs and Uses: This information companies in their submissions claim to information or make comments by collection requires DoD contractors to have the spinning capacity to produce writing to the Commodity Futures provide information to cooperative these yarns. One company in its Trading Commission, Three Lafayette agreement holders regarding employees submission claims it supplies camel and Centre, 1155 21st Street, NW., or offices that are responsible for cashmere hair fibers to companies that Washington, DC 20581. entering into subcontracts under DoD spin it into yarn and claims that three Issued in Washington, DC on April 25, contracts. Cooperative agreement additional companies are capable of 2001, by the Commission. holders furnish procurement technical supplying cashmere and camel hair yarn assistance to business entities within to the petitioner. Jean A. Webb, specified geographic areas. This policy Based on currently available Secretary of the Commission. implements 10 U.S.C. 2416. DFARS information, CITA has determined that [FR Doc. 01–11039 Filed 5–2–01; 8:45 am] Subpart 205.4 and the clause at DFARS Amicale’s petition should be denied. BILLING CODE 6351–01–M 252.205–7000 require that DoD Amicale has not established that these contractors awarded contracts exceeding yarns cannot be supplied by the $500,000 provide to cooperative domestic industry in commercial COMMODITY FUTURES TRADING agreement holders, upon their request, a quantities in a timely manner. Currently COMMISSION list of those appropriate employees or available information indicates that the offices responsible for entering into domestic industry is able to supply Sunshine Act Meeting subcontracts under DoD contracts. The these yarns in commercial quantities in list must include the business address, a timely manner. AGENCY HOLDING THE MEETING: Commodity Futures Trading telephone number, and area of D. Michael Hutchinson, Commission. responsibility of each employee or Acting Chairman, Committee for the office. The contractor need not provide Implementation of Textile Agreements. TIME AND DATE: 10:30 a.m., Wednesday, the list to a particular cooperative [FR Doc.01–11211 Filed 5–1–01; 12:40 pm] May 30, 2001. agreement holder more frequently than once a year. BILLING CODE 3510–DR–F PLACE: 1155 21st St., NW., Washington, Affected Public: Business or Other DC, 9th Floor Conference Room. For-Profit. COMMODITY FUTURES TRADING STATUS: Closed. Frequency: On Occasion. COMMISSION Respondent’s Obligation: Required to MATTERS TO BE CONSIDERED: Rule Obtain or Retain Benefits. Enforcement Review. Agricultural Advisory Committee; OMB Desk Officer: Mr. David M. Ninth Renewal CONTACT PERSON FOR MORE INFORMATION: Pritzker. Written comments and Jean A. Webb, 202–418–5100. recommendations on the proposed The Commodity Futures Trading information collection should be sent to Commission has determined to renew Jean A. Webb, Mr. Pritzker at the Office of again for a period of two years its Secretary of the Commission. Management and Budget, Desk Officer advisory committee designated as the [FR Doc. 01–11229 Filed 5–1–01; 10:59 am] for DoD, Room 10236, New Executive ‘‘Agricultural Advisory Committee.’’ Office Building, Washington, DC 20503. BILLING CODE 6351–01–M The Commission certifies that the DOD Clearance Officer: Mr. Robert renewal of the advisory committee is in Cushing. Written requests for copies of
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the information collection proposal burden to: FAR Desk Officer, OMB, DEPARTMENT OF DEFENSE should be sent to Mr. Cushing, WHS/ Room 10102, NEOB, Washington, DC DIOR, 1215 Jefferson Davis Highway, 20503, and a copy to the General GENERAL SERVICES Suite 1204, Arlington, VA 22202–4302. Services Administration, FAR ADMINISTRATION Dated: April 27, 2001. Secretariat (MVP), 1800 F Street, NW., Room 4035, Washington, DC 20405. NATIONAL AERONAUTICS AND Patricia L. Toppings, SPACE ADMINISTRATION Alternate OSD Federal Register Liaison FOR FURTHER INFORMATION CONTACT: Officer, Department of Defense. Beverly Cromer, Acquisition Policy [OMB Control No. 9000–0138] [FR Doc. 01–11050 Filed 5–2–01; 8:45 am] Division, GSA (202) 208–6750. BILLING CODE 5000–08–M SUPPLEMENTARY INFORMATION: Federal Acquisition Regulation; Proposed Collection; Contract A. Purpose Financing DEPARTMENT OF DEFENSE Supplies and services acquired under AGENCIES: Department of Defense (DOD), GENERAL SERVICES Government contracts must conform to General Services Administration (GSA), ADMINISTRATION the contract’s quality and quantity and National Aeronautics and Space Administration (NASA). NATIONAL AERONAUTICS AND requirements. FAR Part 46 prescribes SPACE ADMINISTRATION inspection, acceptance, warranty, and ACTION: Notice of request for public other measures associated with quality comments regarding an extension to an [OMB Control No. 9000–0077] requirements. Standard clauses related existing OMB clearance (9000–0138). to inspection require the contractor to Federal Acquisition Regulation; provide and maintain an inspection SUMMARY: Under the provisions of the Proposed Collection; Quality Paperwork Reduction Act of 1995 (44 Assurance Requirements system that is acceptable to the Government; give the Government the U.S.C. Chapter 35), the Federal AGENCIES: Department of Defense (DOD), right to make inspections and test while Acquisition Regulation (FAR) General Services Administration (GSA), work is in process; and require the Secretariat will be submitting to the and National Aeronautics and Space contractor to keep complete, and make Office of Management and Budget Administration (NASA). available to the Government, records of (OMB) a request to review and approve ACTION: Notice of request for an its inspection work. an extension to a currently approved extension to an existing OMB clearance information collection requirement (9000–0077). B. Annual Reporting Burden concerning contract financing. The clearance currently expires on June 30, SUMMARY: Under the provisions of the Respondents: 950. 2001. Paperwork Reduction Act of 1995 (44 Responses Per Respondent: 1. Public comments are particularly U.S.C. Chapter 35), the Federal Total Responses: 950. invited on: Whether this collection of Acquisition Regulation (FAR) information is necessary for the proper Hours Per Response: .25. Secretariat will be submitting to the performance of functions of the FAR, Office of Management and Budget Total Burden Hours: 237.5 (238). and whether it will have practical (OMB) a request to review and approve C. Annual Recordkeeping Burden utility; whether our estimate of the an extension of a currently approved public burden of this collection of information collection requirement Recordkeepers: 58,060. information is accurate, and based on concerning quality assurance valid assumptions and methodology; Hours Per Recordkeeper: .68. requirements. The clearance currently ways to enhance the quality, utility, and expires on June 30, 2001. Total Burden Hours: 39,481. clarity of the information to be Public comments are particularly Total Annual Burden: 238 + 39,481 = collected; and ways in which we can invited on: Whether this collection of 39,719. minimize the burden of the collection of information is necessary for the proper information on those who are to performance of functions of the FAR, Obtaining Copies of Proposals respond, through the use of appropriate and whether it will have practical technological collection techniques or Requester may obtain a copy of the utility; whether our estimate of the other forms of information technology. public burden of this collection of proposal from the General Services Administration, FAR Secretariat (MVP), DATES: Submit comments on or before information is accurate, and based on July 2, 2001. valid assumptions and methodology; Room 4035, 1800 F Street, NW., ways to enhance the quality, utility, and Washington, DC 20405, telephone (202) ADDRESSES: Submit comments regarding clarity of the information to be 501–4755. Please cite OMB Control No. this burden estimate or any other aspect collected; and ways in which we can 9000–0077, Quality Assurance of this collection of information, minimize the burden of the collection of Requirements, in all correspondence. including suggestions for reducing this burden to: FAR Desk Officer, OMB, information on those who are to Dated: April 30, 2001. Room 10102, NEOB, Washington, DC respond, through the use of appropriate Al Matera, technological collection techniques or 20503, and a copy to the General other forms of information technology. Director, Acquisition Policy Division. Services Administration, FAR [FR Doc. 01–11078 Filed 5–2–01; 8:45 am] Secretariat, 1800 F Street, NW., Room DATES: Submit comments on or before 4035, Washington, DC 20405. July 2, 2001. BILLING CODE 6820–34–P ADDRESSES: Submit comments regarding FOR FURTHER INFORMATION CONTACT: Jerry this burden estimate or any other aspect Olson, Acquisition Policy Division, GSA of this collection of information, (202) 501–3221. including suggestions for reducing this SUPPLEMENTARY INFORMATION:
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A. Purpose Total Burden Hours: 12,000. ADDRESSES: Submit comments regarding this burden estimate or any other aspect The Federal Acquisition Streamlining Obtaining Copies of Proposals Act (FASA) of 1994, Pub. L. 103–355, of this collection of information, Requester may obtain a copy of the including suggestions for reducing this provided authorities that streamlined proposal from the General Services the acquisition process and minimize burden to: FAR Desk Officer, OMB, Administration, FAR Secretariat (MVP), Room 10102, NEOB, Washington, DC burdensome Government-unique 1800 F Street, NW., Room 4035, requirements. Sections 2001 and 2051 of 20503, and a copy to the General Washington, DC 20405, telephone (202) Services Administration, FAR FASA substantially changed the 501–4755. Please cite OMB Control No. statutory authorities for Government Secretariat, 1800 F Street, NW., Room 9000–0138, Contract Financing, in all 4035, Washington, DC 20405. financing of contracts. Sections 2001(f) correspondence. and 2051(e) provide specific authority FOR FURTHER INFORMATION CONTACT: Jerry for Government financing of purchases Dated: April 30, 2001. Olson, Acquisition Policy Division, GSA of commercial items, and sections Al Matera, (202) 501–3221. 2001(b) and 2051(b) substantially Director, Acquisition Policy Division. SUPPLEMENTARY INFORMATION: revised the authority for Government [FR Doc. 01–11079 Filed 5–2–01; 8:45 am] A. Purpose financing of purchases of non- BILLING CODE 6820–34–P commercial items. Part 32 of the FAR and the clause at Sections 2001(f) and 2051(e) provide FAR 52.232–5, Payments Under Fixed- specific authority for Government DEPARTMENT OF DEFENSE Price Construction Contracts, require financing of purchases of commercial that contractors under fixed-price GENERAL SERVICES items. These paragraphs authorize the construction contracts certify, for every ADMINISTRATION Government to provide contract progress payment request, that financing with certain limitations. payments to subcontractors/ suppliers NATIONAL AERONAUTICS AND Sections 2001(b) and 2051(b) also have been made from previous SPACE ADMINISTRATION amended the authority for Government payments received under the contract financing of non-commercial purchases [OMB Control No. 9000–0102] and timely payments will be made from by authorizing financing on the basis of the proceeds of the payment covered by certain classes of measures of Federal Acquisition Regulation; the certification, and that this payment performance. Proposed Collection; Prompt Payment request does not include any amount To implement these changes, DOD, AGENCIES: Department of Defense (DOD), which the contractor intends to NASA, and GSA amended the FAR by General Services Administration (GSA), withhold from a subcontractor/ revising Subparts 32.0, 32.1, and 32.5; and National Aeronautics and Space supplier. Part 32 of the FAR and the by adding new Subparts 32.2 and 32.10; Administration (NASA). clause at 52.232–27, Prompt Payment for Construction Contracts, further and by adding new clauses to 52.232. ACTION: Notice of request for public require that contractors on construction The coverage enables the Government comments regarding an extension to an contracts— to provide financing to assist in the existing OMB clearance (9000–0102). performance of contracts for commercial (a) Notify subcontractors/suppliers of items and provide financing for non- SUMMARY: Under the provisions of the any amounts to be withheld and furnish commercial items based on contractor Paperwork Reduction Act of 1995 (44 a copy of the notification to the performance. U.S.C. chapter 35), the Federal contracting officer; Acquisition Regulation (FAR) (b) Pay interest to subcontractors/ B. Annual Reporting Burden Secretariat will be submitting to the suppliers if payment is not made by 7 Public reporting burden for this Office of Management and Budget days after receipt of payment from the collection of information is estimated to (OMB) a request to review and approve Government, or within 7 days after average 2 hours per request for an extension to a currently approved correction of previously identified commercial financing and 2 hours per information collection requirement deficiencies; request for performance-based concerning prompt payment. The (c) Pay interest to the Government if financing, including the time for clearance currently expires on June 30, amounts are withheld from reviewing instructions, searching 2001. subcontractors/suppliers after the existing data sources, gathering and Public comments are particularly Government has paid the contractor the maintaining the data needed, and invited on: Whether this collection of amounts subsequently withheld, or if completing and reviewing the collection information is necessary for the proper the Government has inadvertently paid of information. performance of functions of the FAR, the contractor for nonconforming The annual reporting burden for and whether it will have practical performance; and commercial financing is estimated as utility; whether our estimate of the (d) Include a payment clause in each follows: public burden of this collection of subcontract which obligates the Respondents: 1,000. information is accurate, and based on contractor to pay the subcontractor for Responses Per Respondent: 5. valid assumptions and methodology; satisfactory performance under its Total Responses: 5,000. ways to enhance the quality, utility, and subcontract not later than 7 days after Hours Per Response: 2. clarity of the information to be such amounts are paid to the contractor, Total Burden Hours: 10,000. collected; and ways in which we can include an interest penalty clause which The annual reporting burden for minimize the burden of the collection of obligates the contractor to pay the performance-based financing is information on those who are to subcontractor an interest penalty if estimated as follows: respond, through the use of appropriate payments are not made in a timely Respondents: 500. technological collection techniques or manner, and include a clause requiring Responses Per Respondent: 12. other forms of information technology. each subcontractor to include these Total Responses: 6,000. DATES: Submit comments on or before clauses in each of its subcontractors and Hours Per Response: 2. July 2, 2001. to require each of its subcontractors to
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include similar clauses in their Acquisition Regulation (FAR) B. Annual Reporting Burden subcontracts. Secretariat will be submitting to the Respondents: 5,800. These requirements are imposed by Office of Management and Budget Responses Per Respondent: 10. Public Law 100–496, the Prompt (OMB) a request to review and approve Total Responses: 58,000. Payment Act Amendments of 1988. an extension of a currently approved Hours Per response: .25. Contracting officers will be notified if information collection requirement Total Burden Hours: 14,500. the contractor withholds amounts from concerning travel costs. The clearance subcontractors/suppliers after the currently expires June 30, 2001. Obtaining Copies of Proposals: Government has already paid the Public comments are particularly Requester may obtain a copy of the contractor the amounts withheld. The invited on: Whether this collection of proposal from the General Services contracting officer must then charge the information is necessary for the proper Administration, FAR Secretariat (MVP), contractor interest on the amounts performance of functions of the FAR, Room 4035, Washington, DC 20405, withheld from subcontractors/suppliers. and whether it will have practical telephone (202) 501–4755. Please cite Federal agencies could not comply with utility; whether our estimate of the OMB Control No. 9000–0088, Travel the requirements of the law if this public burden of this collection of Costs, in all correspondence. information were not collected. information is accurate, and based on Dated: April 30, 2001. valid assumptions and methodology; B. Annual Reporting Burden Al Matera, ways to enhance the quality, utility, and Respondents: 38,194. clarity of the information to be Director, Acquisition Policy Division. Responses Per Respondent: 11. collected; and ways in which we can [FR Doc. 01–11081 Filed 5–2–01; 8:45 am] Total Responses: 420,134. minimize the burden of the collection of BILLING CODE 6820–34–U Hours Per Response: 11. information on those who are to Total Burden Hours: 46,215. respond, through the use of appropriate C. Annual Recordkeeping Burden technological collection techniques or DEPARTMENT OF DEFENSE Recordkeepers: 34,722. other forms of information technology. GENERAL SERVICES Hours Per Recordkeeper: 18. DATES: Submit comments on or before ADMINISTRATION Total Recordkeeping Burden Hours: July 2, 2001. 624,996. ADDRESSES: Submit comments regarding NATIONAL AERONAUTICS AND Obtaining Copies of Proposals this burden estimate or any other aspect SPACE ADMINISTRATION of this collection of information, [OMB Control No. 9000–0134] Requester may obtain a copy of the including suggestions for reducing this proposal from the General Services burden to: FAR Desk Officer, OMB, Submission for OMB Review; Administration, FAR Secretariat (MVP), Room 10102, NEOB, Washington, DC Comment Request Entitled 1800 F Street, NW., Room 4035, 20503, and a copy to the General Environmentally Sound Products Washington, DC 20405, telephone (202) Services Administration, FAR 501–4755. Please cite OMB Control No. Secretariat (MVP), 1800 F Street, NW., AGENCIES: Department of Defense (DOD), 9000–0102, Prompt Payment, in all Room 4035, Washington, DC 20405. General Services Administration (GSA), correspondence. and National Aeronautics and Space FOR FURTHER INFORMATION CONTACT: Jerry Administration (NASA). Dated: April 30, 2001. Olson, Acquisition Policy Division, ACTION: Al Matera, GSA, (202) 501–3221. Notice of request for public Director, Acquisition Policy Division. comments regarding an extension to an SUPPLEMENTARY INFORMATION: [FR Doc. 01–11080 Filed 5–2–01; 8:45 am] existing OMB clearance. A. Purpose BILLING CODE 6820–34–U SUMMARY: Under the provisions of the FAR 31.205–46, Travel Costs, requires Paperwork Reduction Act of 1995 (44 that, except in extraordinary and U.S.C. chapter 35), the Federal DEPARTMENT OF DEFENSE temporary situations, costs incurred by Acquisition Regulation (FAR) GENERAL SERVICES a contractor for lodging, meals, and Secretariat has submitted to the Office ADMINISTRATION incidental expenses shall be considered of Management and Budget (OMB) a to be reasonable and allowable only to request to review and approve an NATIONAL AERONAUTICS AND the extent that they do not exceed on a extension of a currently approved SPACE ADMINISTRATION daily basis the per diem rates in effect information collection requirement as of the time of travel as set forth in the concerning Environmentally Sound [OMB Control No. 9000–0088] Federal Travel Regulations for travel in Products. A request for public the conterminous 48 United States, the comments was published at 65 FR Federal Acquisition Regulation; Joint Travel Regulations, Volume 2, 75925, December 5, 2000. No comments Proposed Collection; Travel Costs Appendix A, for travel is Alaska, were received. AGENCIES: Department of Defense (DOD), Hawaii, the Commonwealth of Puerto Public comments are particularly General Services Administration (GSA), Rico, and territories and possessions of invited on: Whether this collection of and National Aeronautics and Space the United States, and the Department information is necessary for the proper Administration (NASA). of State Standardized Regulations, performance of functions of the FAR, ACTION: Notice of request for an section 925, ‘‘Maximum Travel Per and whether it will have practical extension to an existing OMB clearance Diem Allowances for Foreign Areas.’’ utility; whether our estimate of the (9000–0088). The burden generated by this coverage public burden of this collection of is in the form of the contractor information is accurate, and based on SUMMARY: Under the provisions of the preparing a justification whenever a valid assumptions and methodology; Paperwork Reduction Act of 1995 (44 higher actual expense reimbursement ways to enhance the quality, utility, and U.S.C. chapter 35), the Federal method is used. clarity of the information to be
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collected; and ways in which we can designated items is available at http:// Defense and the Under Secretary of minimize the burden of the collection of www.epa.gov/cpg. Defense for Acquisition, Technology & information on those who are to In accordance with RCRA, the Logistics on scientific and technical respond, through the use of appropriate information collection applies to matters as they affect the perceived technological collection techniques or acquisitions requiring minimum needs of the Department of Defense. At other forms of information technology. percentages of recovered materials, this meeting, the Task Force will assess DATES: Comments may be submitted on when the price of the item exceeds current national security and military or before June 4, 2001. $10,000 or when the aggregate amount objectives with respect to CW attacks; paid for the item or functionally CW threats that significantly challenge FOR FURTHER INFORMATION CONTACT: equivalent items in the preceding fiscal these objectives today and in the future; Laura Smith, Federal Acquisition Policy year was $10,000 or more. the basis elements (R&D, materiel, Division, GSA (202) 208–7279. Contracting officers use the acquisition, personnel, training, ADDRESSES: Comments regarding this information to verify offeror/contractor leadership) required to control risk and burden estimate or any other aspect of compliance with solicitation and consequences to acceptable levels, this collection of information, including contract requirements regarding the use including counter-proliferation; suggestions for reducing this burden, of recovered materials. Additionally, intelligence, warning, disruption; should be submitted to: FAR Desk agencies use the information in the tactical detection and protection (active Officer, OMB, Room 10102, NEOB, annual review and monitoring of the and passive); consequence management; Washington, DC 20503, and a copy to effectiveness of the affirmative attribution and deterrence; and policy. the General Services Administration, procurement programs required by The Task Force will also assess the FAR Secretariat, 1800 F Street, NW., RCRA. testing and evaluation necessary to Room 4035, Washington, DC 20405. B. Annual Reporting Burden demonstrate and maintain the required SUPPLEMENTARY INFORMATION: capability and any significant Respondents: 64,350. impediments to accomplishing this goal. A. Purpose Responses Per Respondent: 1. In accordance with section 10(d) of This information collection complies Total Responses: 64,350. the Federal Advisory Committee Act, with Section 6002 of the Resource Hours Per Response: 30 minutes (.5 Pub. Law No. 92–463, as amended (5 Conservation and Recovery Act (RCRA) hr). U.S.C. App. II), it has been determined (42 U.S.C. 6962). RCRA requires the Total Burden Hours: 32,175. that this Defense Science Board meeting Environmental Protection Agency (EPA) Obtaining Copies of Proposals concerns matters listed in 5 U.S.C. to designate items which are or can be 552b(c)(1), and that accordingly this Requester may obtain a copy of the produced with recovered materials. meeting will be closed to the public. proposal from the General Services RCRA further requires agencies to Administration, FAR Secretariat (MVP), Dated: April 27, 2001. develop affirmative procurement Room 4035, 1800 F Street, NW., L.M. Bynum, programs to ensure that items composed Washington, DC 20405, telephone (202) Alternate OSD Federal Register Liaison of recovered materials will be purchased 208–7312. Please cite OMB control No. Officer, Department of Defense. to the maximum extent practicable. 9000–0134, Environmentally Sound [FR Doc. 01–11051 Filed 5–2–01; 8:45 am] Affirmative procurement programs Products, in all correspondence. BILLING CODE 5001–08–M required under RCRA must contain, as a minimum (1) a recovered materials Dated: April 30, 2001. preference program and an agency Al Matera, DEPARTMENT OF DEFENSE promotion program for the preference Director, Acquisition Policy Division. program; (2) a program for requiring [FR Doc. 01–11082 Filed 5–2–01; 8:45 am] Department of the Army estimates of the total percentage of BILLING CODE 6820–34–U recovered materials used in the Army Science Board; Notice of performance of a contract, certification Partially Closed Meeting of minimum recovered material content DEPARTMENT OF DEFENSE actually used, where appropriate, and In accordance with section 10(a)(2) of reasonable verification procedures for Office of the Secretary the Federal Advisory Committee Act estimates and certifications; and (3) (Pub. L. 92–463), announcement is annual review and monitoring of the Defense Science Board; Meeting made of the following Committee Meeting. effectiveness of an agency’s affirmative AGENCY: Department of Defense. Name of Committee: Army Science Board procurement program. ACTION: Notice of advisory committee The items for which EPA has (ASB), Objective Force Soldier. meetings. Date of Meeting: May 16–17, 2001. designated minimum recovered material Time of Meeting: 0800–1700 (both days). content standards are (1) construction SUMMARY: The Defense Science Board Place: Fort Bragg, NC. products, (2) paper and paper products, (DSB) Task Force on Chemical Warfare Agenda: The Army Science Board’s (ASB) (3) vehicular products, (4) landscaping Defense will meet in closed session on Summer Study on ‘‘Objective Force Soldier/ products, (5) nonpaper office products, May 31, 2001, and June 1, 2001, at Soldier Systems’’ will meet for panel (6) park and recreation products, (7) SAIC, Inc., 4001 N. Fairfax Drive, discussions and report preparation (day one) transportation products, and (8) Arlington, VA 22201. The Task Force and study-related site visits of Fort Bragg miscellaneous products. The FAR rule will assess the possibility of controlling (day two). The first day of meetings (May 16) also permits agencies to obtain pre- the risk and consequences of a chemical will be open to the public. The site visits, due to their classified portions, will be closed award information from offerors warfare (CW) attack to acceptable to the public in accordance with section regarding the content of items which the national security levels within the next 552b(c) of Title 5, U.S.C., specifically agency has designated as requiring five years. subparagraph (1) thereof, and Title 5, U.S.C. minimum percentages of recovered The mission of the Defense Science Appendix 2, subsection 10(d). For further materials. A complete list of EPA Board is to advise the Secretary of information, please contact Mr. Mike
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Hendricks, Lead Staff Assistant on 703–617– Laboratory, Code 1008.2, 4555 Overlook FOR FURTHER INFORMATION CONTACT: 7048. Avenue, SW, Washington, DC 20375– Richard A. Azzaro, General Counsel, Wayne Joyner, 5320, and must include the Navy Case Defense Nuclear Facilities Safety Board, Executive Assistant, Army Science Board. number. 625 Indiana Avenue, NW, Suite 700, Washington, DC 20004, (800) 788–4016. [FR Doc. 01–11115 Filed 5–2–01; 8:45 am] FOR FURTHER INFORMATION CONTACT: Catherine M. Cotell, Ph.D., Head, This is a toll-free number. BILLING CODE 3710–08–M Technology Transfer Office, NRL Code SUPPLEMENTARY INFORMATION: The 1004, 4555 Overlook Avenue, SW., Defense Nuclear Facilities Safety Board DEPARTMENT OF DEFENSE Washington, DC 20375–5320, telephone reserves its right to further schedule and (202) 767–7230. otherwise regulate the course of this Department of the Army (Authority: 35 U.S.C. 207, 37 CFR Part 404) meeting, to recess, reconvene, postpone Dated: April 25, 2001. or adjourn the meeting, and otherwise Army Science Board; Notice of Open exercise its authority under the Atomic J.L. Roth, Meeting Energy Act of 1954, as amended. Lieutenant Commander, Judge Advocate In accordance with section 10(a)(2) of General’s Corps, U.S. Navy, Federal Register Dated: April 30, 2001. the Federal Advisory Committee Act Liaison Officer. John T. Conway, (Pub. L. 92–463), announcement is [FR Doc. 01–11117 Filed 5–2–01; 8:45 am] Chairman. made of the following Committee BILLING CODE 3810–FF–P [FR Doc. 01–11162 Filed 4–30–01; 4:17 pm] Meeting: BILLING CODE 3670–01–P Name of Committee: Army Science Board (ASB). DEFENSE NUCLEAR FACILITIES Date of Meeting: May 18, 2001. SAFETY BOARD DEPARTMENT OF ENERGY Time of Meeting: 0730–1700, May 18, 2001. Sunshine Act Meeting Environmental Management Site- Place: US Army Night Vision Laboratory Specific Advisory Board, Fernald 399, Ft. Belvoir Virginia. Pursuant to the provision of the Agenda: The Army Science Board’s (ASB) ‘‘Government in the Sunshine Act’’ (5 AGENCY: Department of Energy. panel is conduction a series of panel U.S.C. § 552b), notice is hereby given of ACTION: Notice of open meeting. discussions and a study on ‘‘Knowledge the Defense Nuclear Facilities Safety Based Management and Information Board’s (Board) meeting described SUMMARY: This notice announces a Reliability’’ to exam innovative ways of below. addressing technology issues that have the meeting of the Environmental potential to ‘‘weight down’’ our future TIME AND DATE OF MEETING: 9 a.m., May Management Site-Specific Advisory Warfighters with massive amounts of data. 23, 2001. Board (EM SSAB), Fernald. The Federal These meetings will be open to the public. PLACE: The Defense Nuclear Facilities Advisory Committee Act (Pub. L. 92– Any interested person may attend, appear Safety Board, Public Hearing Room, 625 463, 86 Stat. 770) requires that public before, or file statements with the committee Indiana Avenue, NW, Suite 300, notice of these meetings be announced at the time and in the manner permitted by Washington, DC 20004. in the Federal Register. the committee. For further information, STATUS: DATES: please contact Mr. Randy Woodson, Office of Open. Saturday, May 12, 2001, 8:30 the DA DCSINT, 703 604 2462, MATTERS TO BE CONSIDERED: The a.m.–12:00 noon. [email protected]. Department of Energy (DOE) requires ADDRESSES: Fernald Environmental contractors at defense nuclear facilities Management Project Site, Services Wayne Joyner, to develop and implement nuclear Building Conference Room, 7400 Willey Executive Assistant, Army Science Board. quality assurance programs to ensure Road, Hamilton, OH 45219. [FR Doc. 01–11116 Filed 5–2–01; 8:45 am] the requisite quality of operations, FOR FURTHER INFORMATION CONTACT: BILLING CODE 3710–08–M products, and services that directly Doug Sarno, Phoenix Environmental, affect nuclear safety-related systems and 6186 Old Franconia Road, Alexandria, operations. Activities required to be DEPARTMENT OF DEFENSE VA 22310, at (703) 971–0030 or (513) conducted under established quality 648–6478, or e-mail; assurance programs extend from [email protected]. Department of the Navy scientific studies, to the design, SUPPLEMENTARY INFORMATION: Notice of Availability of Invention for construction, operation, and deactivation of defense nuclear Purpose of the Board: The purpose of Licensing; Government-Owned the Board is to make recommendations Invention facilities. Notwithstanding contract and rule requirements concerning quality to DOE in the areas of environmental AGENCY: Department of the Navy, DOD. assurance, there is evidence that quality restoration, waste management, and ACTION: Notice. assurance programs at defense nuclear related activities. facilities are not consistently achieving Tentative Agenda: SUMMARY: The invention listed below is their quality objectives. 8:30 a.m.—Call to Order assigned to the United States This is the second in a series of open 8:30–8:45 a.m.—Chair’s Remarks and Ex Government as represented by the meetings being held by the Defense Officio Announcements Secretary of the Navy and is available Nuclear Facilities Safety Board (Board) 8:45–9:45 a.m.—Rebaseline update for licensing by the Department of the on the topic of quality assurance within 9:45–11:45 a.m.—Stewardship Issues Navy. U.S. Patent No. 6,137,117 entitled DOE nuclear defense activities. Board 11:45–12:00 noon—Public Comment ‘‘Integrating Multi-Waveguide Sensor,’’ inquiries will address (1) quality session Navy Case No. 79,373. assurance requirements and practices in 12:00 noon—Adjourn ADDRESSES: Requests for copies of the related industries, and (2) the Public Participation: The meeting is patent application cited should be implementation of DOE quality open to the public. Written statements directed to the Naval Research assurance requirements at selected sites. may be filed with the Board chair either
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before or after the meeting. Individuals should be filed on or before May 7, become a party must file a motion to who wish to make oral statements 2001. Protests will be considered by the intervene. Copies of this filing are on pertaining to agenda items should Commission to determine the file with the Commission and are contact the Board chair at the address or appropriate action to be taken, but will available for public inspection. This telephone number listed below. not serve to make protestants parties to filing may also be viewed on the Requests must be received five days the proceedings. Any person wishing to Internet at http://www/ferc.fed.us/ prior to the meeting and reasonable become a party must file a motion to online/rims.htm (call 202–208–2222 for provision will be made to include the intervene. Copies of this filing are on assistance). Comments, protests and presentation in the agenda. The Deputy file with the Commission and are interventions may be filed electronically Designated Federal Officer, Gary available for public inspection. This via the internet in lieu of paper. See, 18 Stegner, Public Affairs Office, Ohio filing may also be viewed on the CFR 385.2001(a)(1)(iii) and the Field Office, U.S. Department of Energy, Internet at http://www.ferc.fed.us/ instructions on the Commission’s web is empowered to conduct the meeting in online/rims.htm (call 202–208–2222 for site at http://www.ferc.fed.us/efi/ a fashion that will facilitate the orderly assistance). Comments, protests and doorbell.htm. conduct of business. Each individual interventions may be filed electronically wishing to make public comment will via the internet in lieu of paper. See, 18 David P. Boergers, be provided a maximum of five minutes CFR 385.2001(a)(1)(iii) and the Secretary. to present their comments. This notice instructions on the Commission’s web [FR Doc. 01–11055 Filed 5–2–01; 8:45 am] is being published less than 15 days site at http://www.ferc.fed.us/efi/ before the date of the meeting due to the doorbell.htm. BILLING CODE 6717–01–M late resolution of programmatic issues. David P. Boergers, Minutes: The minutes of this meeting DEPARTMENT OF ENERGY will be available for public review and Secretary. [FR Doc. 01–11056 Filed 5–2–01; 8:45 am] copying at the Freedom of Information Federal Energy Regulatory BILLING CODE 6717–01–M Public Reading Room, 1E–190, Forrestal Commission Building, 1000 Independence Avenue, SW, Washington, DC 20585, between 9 DEPARTMENT OF ENERGY Notice of Initiation of Proceeding and a.m. and 4 p.m., Monday–Friday, except Refund Effective Date Federal holidays. Minutes will also be Federal Energy Regulatory available by writing to the Fernald Commission April 27, 2001. Citizens’ Advisory Board, % Phoenix San Diego Gas & Electric Company, Environmental Corporation, MS–76, [Docket No. ER01–1515–001] Complainant, v. Sellers of Energy and Post Office Box 538704, Cincinnati, OH Ancillary Service Into Markets Operated by Duke Energy Audrain, LLC; Notice of 43253–8704, or by calling the Advisory the California Independent System Operator Filing Board at (513) 648–6478. and the California Power Exchange, Issued at Washington, DC on April 27 April 27, 2001. Respondents; Docket No. EL00–95–012. 2001. Take notice that on April 9, 2001, Investigation of Practices of the California Belinda Hood, Duke Energy Audrain, LLC (Duke Independent System Operator and the Acting Deputy Advisory Committee Audrain) filed a revision to its proposed California Power Exchange; Docket No. Management Officer. FERC Electric Tariff Original Volume EL00–98–000. California Independent System Operator [FR Doc. 01–11146 Filed 5–2–01; 8:45 am] No. 1 (Tariff), clarifying that all market Corporation; Docket No. RT01–85–000. BILLING CODE 6450–01–U information shared between Duke Audrain and any public utility with a Investigation of Wholesale Rates of Public franchised service territory that is an Utility Sellers of Energy and Ancillary DEPARTMENT OF ENERGY affiliate of Duke Audrain will be Services in the Western Systems disclosed simultaneously to the public Coordinating Council; Docket No. EL01–68– Federal Energy Regulatory and correcting tariff designations. No 000. Commission other changes were made to the Tariff or Take notice that on April 26, 2001, [Docket No. QF87–93–007] to Duke Audrain’s Application for Order the Commission issued an order in the Accepting Market Based Rates for Filing above-indicated dockets initiating a Cambria Cogen Company, Small and Certain Waivers and Pre-Approvals, proceeding in Docket No. EL01–68–000 filed in Docket No. ER01–1208–000 on Power Production and Cogeneration under section 206 of the Federal Power Facilities—Qualifying; Notice of Filing March 13, 2001. Any person desiring to be heard or to Act. April 27, 2001. protest such filing should file a motion The refund effective date in Docket Take notice that on April 26, 2001, to intervene or protest with the Federal No. EL01–68–000 will be 60 days after Cambria Cogen Company tendered for Energy Regulatory Commission, 888 publication of this notice in the Federal filing clarifications regarding its QF First Street, NE., Washington, DC 20426, Register. Application. in accordance with Rules 211 and 214 Any person desiring to be heard or to of the Commission’s Rules of Practice David P. Boergers, protest such filing should file a motion and Procedure (18 CFR 385.211 and Secretary. to intervene or protest with the Federal 385.214). All such motions and protests [FR Doc. 01–11053 Filed 5–2–01; 8:45 am] Energy Regulatory Commission, 888 should be filed on or before May 7, BILLING CODE 6717–01–M First Street, NE., Washington, DC 20426, 2001. Protests will be considered by the in accordance with Rules 211 and 214 Commission to determine the of the Commission’s Rules of Practice appropriate action to be taken, but will and Procedure (18 CFR 385.211 and not serve to make protestants parties to 385.214). All such motions and protests the proceedings. Any person wishing to
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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY online/rims.htm (call (202) 208–2222 for assistance). A copy is also available for Federal Energy Regulatory Federal Energy Regulatory inspection and reproduction at the Commission Commission address in item h above. Notice of Request for Extension of m. Individuals desiring to be included [Project No. 7481–068] Time To Commence and Complete on the Commission’s mailing list should so indicate by writing to the Secretary NYSD Limited Partnership; Notice of Project Construction and Soliciting Comments, Motions To Intervene, and of the Commission. Availability of Environmental Protests Assessment n. Individuals desiring to be included April 27, 2001. on the Commission’s mailing list should April 27, 2001. Take notice that the following so indicate by writing to the Secretary In accordance with the National application has been filed with the of the Commission. Environmental Policy Act of 1969 and Commission and is available for public Comments, Protests, or Motions to the Federal Energy Regulatory inspection: Intervene—Anyone may submit Commission’s (Commission’s) a. Application Type: Request for comments, a protest, or a motion to regulations, 18 CFR Part 380 (Order No. Extension of Time to Commence and intervene in accordance with the 486, 52 FR 47897), the Office of Energy Complete Project Construction. requirements of Rules of Practice and Projects has prepared an Environmental b. Project No.: 10648–007. Procedure, 18 CFR 385.210, .211, .214. Assessment (EA) for the New York State c. Location: The proposed project In determining the appropriate action to Dam Project. The EA examines the would be located on the Hudson River, take, the Commission will consider all environmental impacts of four in Saratoga and Rensselear Counties, protests or other comments filed, but alternatives for providing downstream New York. The project does not utilize only those who file a motion to fish passage at the project for adult federal or tribal lands. intervene in accordance with the d. Date Filed: March 9, 2001. blueback herring. Commission’s Rules may become a e. Applicant: Adirondack Hydro party to the proceeding. Any comments, In the EA, the Commission’s staff has Development Corporation. reviewed the comments on its June 14, f. Name of Project: Waterford protests, or motions to intervene must 1996 Draft Environmental Assessment. Hydroelectric Project. be received on or before the specified In summary, the EA evaluates four g. Pursuant to: Public Law 104–242. comment date for the particular alternatives for operation of the project’s h. Applicant Contact: Keith F. application. existing fish bypass for adult blueback Corneau, Director, Corporate Filing and Service Responsive herring: (1) licensee’s alternative; (2) Development, Adirondack Hydro Documents—Any filing must bear in all resource agency alternative; (3) staff Development Corporation, 39 Hudson capital letters the title ‘‘COMMENTS’’, alternative; and (4) no-action. The EA Falls Road, South Glens Falls, NY ‘‘PROTEST’’, or ‘‘MOTION TO recommends the licensee operate its fish 12803, (518) 747–0930. INTERVENE’’, as applicable, and the bypass for adult blueback herring in i. FERC Contact: Any questions on Project Number of the particular accordance with the staff alternative. this notice should be addressed to Mr. application to which the filing refers. The EA concludes that implementation Lynn R. Miles, at (202) 219–2671, or e- An additional copy must be sent to the of this alternative would not constitute mail address: [email protected]. Director, Division of Hydropower a major federal action significantly j. Deadline for filing comments and or Administration and Compliance, motions: May 4, 2001. affecting the quality of the human Federal Energy Regulatory Commission, All documents (original and eight environment. as the above-mentioned address. A copy copies) should be filed with: David P. of any motion to intervene must also be Copies of the EA are available for Boergers, Secretary, Federal Energy review in the Public Reference and Files Regulatory Commission, Mail Code: 888 served upon each representative of the Maintenance Branch, Room 2A of the First Street, NE., Washington, DC 20426. Applicant specified in the particular Commission’s offices at 888 First Street, Please include the project numbers application. NE., Washington, DC 20426. A copy is (10648–007) on any comments filed. Agency Comments—Federal, state, also available for inspection and k. Description of the Request: The and local agencies are invited to file reproduction at the addresses in item g licensee has requested that the comments on the described application. above. This filing may also be viewed Commission grant its request for an A copy of the application may be on http://www.ferc.fed.us/online/ additional two-year period to commence obtained by agencies directly from the rims.htm (call (202) 208–2222 for construction of the Waterford Applicant. If an agency does not file assistance). For further information, Hydroelectric Project. The deadline to comments within the time specified for please contact Timothy J. Welch at (202) commence project construction for filing comments, it will be presumed to 219–2666. FERC Project No. 10648 would be have no comments. One copy of an extended to June 9, 2003. The deadline agency’s comments must also be sent to David P. Boergers, for completion of construction would be the Applicant’s representatives. Secretary. extended to June 9, 2005. [FR Doc. 01–11054 Filed 5–2–01; 8:45 am] l. Locations of the Application: A David P. Boergers, BILLING CODE 6717–01–M copy of the application is available for Secretary. inspection and reproduction at the [FR Doc. 01–11057 Filed 5–2–01; 8:45 am] Commission’s Public Reference Room, BILLING CODE 6717–01–M located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling (202) 208–1371. This filing may be viewed on http://www.ferc.fed.us/
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ENVIRONMENTAL PROTECTION obtain permits, conduct environmental and utilize technology and systems for AGENCY monitoring, maintain records, and the purposes of collecting, validating, report results to EPA or the State UIC and verifying information, processing [FRL–6974–1] primacy agency. States must report to and maintaining information, and Agency Information Collection EPA on permittee compliance and disclosing and providing information; Activities: Proposed Collection; related information. The information is adjust the existing ways to comply with Comment Request; Underground reported using standardized forms, and any previously applicable instructions Injection Control (UIC) Program regulations are codified at 40 CFR parts and requirements; train personnel to be 144 through 148. The data are used to able to respond to a collection of AGENCY: Environmental Protection ensure the protection of underground information; search data sources; Agency (EPA). sources of drinking water from UIC complete and review the collection of ACTION: Notice. authorities. An agency may not conduct information; and transmit or otherwise or sponsor, and a person is not required disclose the information. In the UIC SUMMARY: In compliance with the to respond to, a collection of Program ICR for 1998–2001, the total Paperwork Reduction Act (44 U.S.C. information unless it displays a burden associated with it was estimated 3501 et seq.), this document announces currently valid OMB control number. to be 1,135,273 hours per year and the that EPA is planning to submit the The OMB control numbers for EPA’s total cost was estimated to be following continuing Information regulations are listed in 40 CFR part 9 $58,246,054 per year. EPA expects that Collection Request (ICR) to the Office of and 48 CFR chapter 15. the total burden for the continuing UIC Management and Budget (OMB): The EPA would like to solicit Program ICR for the period 2001–2004 Underground Injection Control comments to: will be approximately the same except Program, EPA ICR No. 0370.13, OMB (i) Evaluate whether the proposed for inflation for the cost information. Control No. 2040–0042 which expires 9/ collection of information is necessary This is because little or no significant 30/01. Before submitting the ICR to for the proper performance of the increase in the UIC well population is OMB for review and approval, EPA is functions of the agency, including anticipated during this period. EPA also soliciting comments on specific aspects whether the information will have considered the possible impact of the of the proposed information collection practical utility; Class V Well Phase I rulemaking (64 FR (ii) evaluate the accuracy of the as described below. 68546, 11/30/99) implementation for the agency’s estimate of the burden of the DATES: Comments must be submitted on renewal period. While this rulemaking proposed collection of information, or before July 2, 2001. has separate ICR coverage until including the validity of the ADDRESSES: Persons interested in getting November 2002, the Program ICR will methodology and assumptions used; information or making comment about (iii) enhance the quality, utility, and include slightly increased burden and this ICR (# 0370.13) should direct clarity of the information to be cost for State implementation of Class V inquires to Robert E. Smith, U.S. collected; and Well Phase I rulemaking from December Environmental Protection Agency; Ariel (iv) minimize the burden of the 1, 2002 until September 30, 2004. Rios Building; 1200 Pennsylvania collection of information on those who Respondents/Affected Entities: Avenue, NW, Mail Stop 4606; are to respond, including through the Owners/Operators of UIC wells, State Washington, DC 20460. use of appropriate automated electronic, Primacy Agencies including, Puerto FOR FURTHER INFORMATION CONTACT: mechanical, or other technological Rico, the U.S. Trust Territories, Indian Robert E. Smith, Office of Ground Water collection techniques or other forms of Tribes, and Alaska’s Native Villages and and Drinking Water: 202–260–5559; information technology, e.g., permitting EPA Regional Offices. FAX 202–401–2345; E-mail: robert- electronic submission of responses. Dated: April 25, 2001. [email protected]. Further information on the Burden Statement: Burden means the Philip S. Oshida, ICR can be obtained from the Safe total time, effort, or financial resources Acting Director, Office of Ground Water and Drinking Water Hotline at (703) 286– expended by persons to generate, Drinking Water. 1093, E-mail: [email protected]. maintain, retain, or disclose or provide [FR Doc. 01–11092 Filed 5–2–01; 8:45 am] SUPPLEMENTARY INFORMATION information to or for a Federal agency. : BILLING CODE 6560–50–P Affected entities: Entities potentially This includes the time needed to review affected by this action are owners/ instructions; develop, acquire, install, operators of underground injection and utilize technology and systems for ENVIRONMENTAL PROTECTION wells and State UIC Primacy Agencies the purposes of collecting, validating, AGENCY including, Puerto Rico, the U.S. Trust and verifying information, processing and maintaining information, and Territories, Indian Tribes, and Alaska’s [PF–1005; FRL–6773–9] Native Villages and, in some instances, disclosing and providing information; U.S. EPA Regional Offices. adjust the existing ways to comply with Notice of Filing a Pesticide Petition to Title: Information Collection Request any previously applicable instructions Establish a Tolerance for a Certain for the Underground Injection Control and requirements; train personnel to be Pesticide Chemical in or on Food Program (OMB Control No. 2040–0042; able to respond to a collection of EPA ICR No. 0370.13.), expiring information; search data sources; AGENCY: Environmental Protection September 30, 2001. complete and review the collection of Agency (EPA). Abstract: The Underground Injection information; and transmit or otherwise ACTION: Notice. Control (UIC) Program under the Safe disclose the information means the total Drinking Water Act established a time, effort, or financial resources SUMMARY: This notice announces the Federal and State regulatory system to expended by persons to generate, initial filing of a pesticide petition protect underground sources of drinking maintain, retain, or disclose or provide proposing the establishment of water (USDWs) from contamination by information to or for a Federal agency. regulations for residues of a certain injected fluids. Owners/operators of This includes the time needed to review pesticide chemical in or on various food underground injection wells must instructions; develop, acquire, install, commodities.
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DATES: Comments, identified by docket document, on the Home Page select to: [email protected], or you can control number OPP–50878, must be ‘‘Laws and Regulations’’ and then look submit a computer disk as described received on or before June 4, 2001. up the entry for this document under above. Do not submit any information ADDRESSES: Comments may be the ‘‘Federal Register—Environmental electronically that you consider to be submitted by mail, electronically, or in Documents.’’ You can also go directly to CBI. Avoid the use of special characters person. Please follow the detailed the Federal Register listings at http:// and any form of encryption. Electronic instructions for each method as www.epa.gov/fedrgstr/. submissions will be accepted in provided in Unit I.C. of the 2. In person. The Agency has Wordperfect 6.1/8.0 or ASCII file SUPPLEMENTARY INFORMATION. To ensure established an official record for this format. All comments in electronic form proper receipt by EPA, it is imperative action under docket control number must be identified by docket control that you identify docket control number OPP–50878. The official record consists number OPP–50878. Electronic OPP–50878 in the subject line on the of the documents specifically referenced comments may also be filed online at first page of your response. in this action, any public comments many Federal Depository Libraries. FOR FURTHER INFORMATION CONTACT: By received during an applicable comment period, and other information related to D. How Should I Handle CBI That I mail: Susanne Cerrelli, Biopesticides Want to Submit to the Agency? and Pollution Prevention Division this action, including any information (7511C), Office of Pesticide Programs, claimed as confidential business Do not submit any information Environmental Protection Agency, 1200 information (CBI). This official record electronically that you consider to be Pennsylvania Ave., NW., Washington, includes the documents that are CBI. You may claim information that DC 20460; telephone number: (703) physically located in the docket, as well you submit to EPA in response to this 308–8077; e-mail address: as the documents that are referenced in document as CBI by marking any part or [email protected]. those documents. The public version of all of that information as CBI. the official record does not include any Information so marked will not be SUPPLEMENTARY INFORMATION: information claimed as CBI. The public disclosed except in accordance with I. General Information version of the official record, which procedures set forth in 40 CFR part 2. includes printed, paper versions of any In addition to one complete version of A. Does this Action Apply to Me? electronic comments submitted during the comment that includes any You may be affected by this action if an applicable comment period, is information claimed as CBI, a copy of you are an agricultural producer, food available for inspection in the Public the comment that does not contain the manufacturer or pesticide manufacturer. Information and Records Integrity information claimed as CBI must be Potentially affected categories and Branch (PIRIB), Rm. 119, Crystal Mall submitted for inclusion in the public entities may include, but are not limited #2, 1921 Jefferson Davis Highway, version of the official record. to: Arlington, VA, from 8:30 a.m. to 4 p.m., Information not marked confidential Monday through Friday, excluding legal will be included in the public version NAICS Examples of poten- holidays. The PIRIB telephone number of the official record without prior Categories tially affected is (703) 305–5805. codes entities notice. If you have any questions about C. How and to Whom Do I Submit CBI or the procedures for claiming CBI, Industry 111 Crop production Comments? please consult the person identified 112 Animal production under FOR FURTHER INFORMATION You may submit comments through 311 Food manufacturing CONTACT. 32532 Pesticide manufac- the mail, in person, or electronically. To turing ensure proper receipt by EPA, it is E. What Should I Consider as I Prepare imperative that you identify docket My Comments for EPA? This listing is not intended to be control number OPP–50878 in the You may find the following exhaustive, but rather provides a guide subject line on the first page of your suggestions helpful for preparing your for readers regarding entities likely to be response. comments: affected by this action. Other types of 1. By mail. Submit your comments to: entities not listed in the table could also Public Information and Records 1. Explain your views as clearly as be affected. The North American Integrity Branch (PIRIB), Information possible. Industrial Classification System Resources and Services Division 2. Describe any assumptions that you (NAICS) codes have been provided to (7502C), Office of Pesticide Programs used. assist you and others in determining (OPP), Environmental Protection 3. Provide copies of any technical whether or not this action might apply Agency, 1200 Pennsylvania Ave., NW., information and/or data you used that to certain entities. If you have questions Washington, DC 20460. support your views. regarding the applicability of this action 2. In person or by courier. Deliver 4. If you estimate potential burden or to a particular entity, consult the person your comments to: Public Information costs, explain how you arrived at the listed under FOR FURTHER INFORMATION and Records Integrity Branch (PIRIB), estimate that you provide. CONTACT. Information Resources and Services 5. Provide specific examples to Division (7502C), Office of Pesticide illustrate your concerns. B. How Can I Get Additional Programs (OPP), Environmental 6. Make sure to submit your Information, Including Copies of this Protection Agency, Rm. 119, Crystal comments by the deadline in this Document and Other Related Mall #2, 1921 Jefferson Davis Highway, notice. Documents? Arlington, VA. The PIRIB is open from 7. To ensure proper receipt by EPA, 1. Electronically. You may obtain 8:30 a.m. to 4 p.m., Monday through be sure to identify the docket control electronic copies of this document, and Friday, excluding legal holidays. The number assigned to this action in the certain other related documents that PIRIB telephone number is (703) 305– subject line on the first page of your might be available electronically, from 5805. response. You may also provide the the EPA Internet Home Page at http:// 3. Electronically. You may submit name, date, and Federal Register www.epa.gov/. To access this your comments electronically by e-mail citation.
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II. What Action is the Agency Taking? pesticide petition. The summary may temporary exemption from the EPA has received a pesticide petition have been edited by EPA if the requirement of a tolerance for the QST as follows proposing the establishment terminology used was unclear, the strain of Bacillus pumilus, therefore, and/or amendment of regulations for summary contained extraneous this section is not applicable. material, or the summary residues of a certain pesticide chemical C. Mammalian Toxicological Profile in or on various food commodities unintentionally made the reader conclude that the findings reflected The active ingredient Bacillus under section 408 of the Federal Food, pumilus strain QST 2808 has been Drug, and Cosmetic Act (FFDCA), 21 EPA’s position and not the position of the petitioner. evaluated for toxicity through oral, U.S.C. 346a. EPA has determined that dermal, pulmonary, intravenous and eye this petition contains data or A. Product Name and Proposed Use routes of exposure. The results of the information regarding the elements set Practices studies have indicated there are no forth in section 408(d)(2); however, EPA SonataTM AS is proposed for use as a significant human health risks. The has not fully evaluated the sufficiency biofungicide to control various plant acute oral toxicity/pathogenicity LD50 in of the submitted data at this time or diseases such as downy mildew, rats is greater than 4.1 x 109 cfu/g. The whether the data support granting of the powdery mildew, Phytophthera, acute dermal toxicity LD50 in rats is petition. Additional data may be needed Sclerotinia, Cercospora, and/or rust on greater than 2,000 milligrams/kilograms before EPA rules on the petition. the following vegetable crop groups: (mg/kg) (toxicity category III). The acute List of Subjects root and tuber, bulb, leafy except pulmonary toxicity/pathogenicity LD50 Brassica, Brassica, legume, fruiting, and in rats is greater than 1.6 x 108 cfu per Environmental protection, cucurbit; on the following fruit crop animal. The acute intravenous toxicity/ Agricultural commodities, Feed groups: pome and stone, on the grain, pathogenicity LD50 in rats is greater than additives, Food additives, Pesticides cereal, group; and the following 1.6 x 108 cfu per animal. No pathogenic and pests, Reporting and recordkeeping individual crops: grape, grasses grown or infective effects were observed in the requirements. for seed, hop, mint, peanuts, strawberry, studies. Dated: April 19, 2001. and field grown roses. The product is Slight eye irritation in rabbits was applied as a foliar spray alone, in observed at a dose of 0.1 mL (toxicity Kathleen F. Knox, alternating spray programs, or in tank category IV) and minimal skin irritation Acting Director, Biopesticides and Pollution mixes with other registered crop in rabbits was observed at a dose of 0.5 Prevention Division, Office of Pesticide Programs. protection products, up to and mL (toxicity category IV). Since its including the day of harvest. discovery, no incidents of Summary of Petition hypersensitivity have been reported by B. Product Identity/Chemistry The petitioner summary of the researchers, manufacturers or users of 1. Identity of the pesticide and pesticide petition is printed below as Bacillus pumilus strain QST 2808. The corresponding residues. SonataTM AS required by section 408(d)(3) of the formulated product is a very dilute contains the QST 2808 strain of Bacillus FFDCA. The summary of the petition aqueous suspension of Bacillus pumilus as the active ingredient. < was prepared by the petitioner and pumilus, with 3% intentionally added Bacillus pumilus strain QST 2808 is a represents the view of the petitioner. inert ingredients. It is unlikely that this ubiquitous, naturally occurring, non- EPA is publishing the petition summary product’s toxicity profile will differ pathogenic microorganism. It is verbatim without editing it in any way. from that of the technical material. commonly recovered from water, soil, The petitioner’s summary announces Acute toxicology studies are in progress air, and decomposing plant residue. the availability of a description of the on the formulated product. Bacillus pumilus produces proteases analytical methods available to EPA for and other enzymes that enable it to D. Aggregate Exposure the detection and measurement of the degrade a variety of natural substrates SonataTM AS is proposed for use pesticide chemical residues or an and contribute to nutrient recycling. under an experimental use permit to explanation of why no such method is Bacillus pumilus prevents spore control various plant diseases on needed. germination by formation of a physical agricultural crops. AgraQuest, Inc. barrier and subsequently colonizes 1. Dietary exposure. Dietary exposure fungal spores. QST 2808 Technical is is not expected from the use of this PP 1G6240 used to formulate SonataTM AS. The microbial pesticide as proposed. The EPA has received a pesticide petition product will be applied at a maximum lack of acute oral toxicity/pathogenicity 1G6240 from AgraQuest, Inc., 1530 rate of 1.18 x 1013 colony forming units and the ubiquitous nature of the Drew Avenue, Davis, CA 95616, per acre, which is equivalent to a organism support the exemption from proposing pursuant to section 408(d) of maximum rate of 3 gallons of SonataTM the requirement of a tolerance for this the FFDCA, 21 U.S.C. 346a(d), to amend AS per acre. active ingredient. 40 CFR part 180 to establish a temporary 2. Magnitude of residue at the time of i. Food. Dietary exposure from use of exemption from the requirement of a harvest and method used to determine Bacillus pumilus strain QST 2808, as tolerance for the microbial pesticide the residue. AgraQuest is submitting a proposed, is minimal. Residues of Bacillus pumilus strain QST 2808 in or petition requesting that EPA establish a Bacillus pumilus strain QST 2808 are on all raw agricultural commodities temporary exemption from the not expected on agricultural (RAC). Pursuant to section requirement of a tolerance for the QST commodities. In a study conducted to 408(d)(2)(A)(i) of the FFDCA, as strain of Bacillus pumilus, therefore, determine the longevity of Bacillus amended, AgraQuest, Inc. has submitted this section is not applicable. pumilus residues on pepper leaf the following summary of information, 3. A statement of why an analytical surfaces under field conditions, the data, and arguments in support of their method for detecting and measuring the results showed that the number of pesticide petition. This summary was levels of the pesticide residue are not colony forming units of Bacillus prepared by AgraQuest, Inc. and EPA needed. AgraQuest is submitting a pumilus decreased significantly over has not fully evaluated the merits of the petition requesting that EPA establish a time in the first 5 days. In addition, the
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microbial pesticide can be removed G. Effects on the Immune and Endocrine SUPPLEMENTARY INFORMATION: from food by peeling, washing, cooking, Systems I. General Information and processing. Bacillus pumilus strain QST 2808 is ii. Drinking water. Exposure to a naturally occurring, non-pathogenic A. Does this Action Apply to Me? humans from residues of Bacillus microorganism. There is no evidence to This action is directed to the public pumilus strain QST 2808 in consumed suggest that Bacillus pumilus strain QST in general. This action may, however, be drinking water would be unlikely. 2808 functions in a manner similar to of interest to those persons who are or Bacillus pumilus strain QST 2808 is a any known hormone, or that it acts as an endocrine disrupter. may be required to conduct testing of naturally occurring microorganism microbial substances under the Federal known to exist in terrestrial habitats. H. Existing Tolerances Food, Drug and Cosmetic Act (FFDCA) Although it may be found in water, it is or the Federal Insecticide, Fungicide, not known to thrive in aquatic There is no U.S. EPA tolerance for Bacillus pumilus strain QST 2808. and Rodenticide Act (FIFRA). Since environments. other entities may also be interested, the 2. Non-dietary exposure. The I. International Tolerances Agency has not attempted to describe all potential for non-dietary exposure to the There is no Codex Alimentarius the specific entities that may be affected general population, including infants Commission maximum residue level by this action. If you have any questions and children, is unlikely as the (MRL) for Bacillus pumilus strain QST regarding the applicability of this action proposed use sites are agricultural 2808. to a particular entity, consult the person settings. In addition, non-dietary [FR Doc. 01–11094 Filed 5–2–01; 8:45 am] listed under FOR FURTHER INFORMATION exposures would not be expected to BILLING CODE 6560–50–S CONTACT. pose any quantifiable risk due to a lack B. How Can I Get Additional of residues of toxicological concern. Information, Including Copies of this Personal protective equipment (PPE) ENVIRONMENTAL PROTECTION Document and Other Related mitigates the potential for exposure to AGENCY Documents? applicators and handlers of the [OPP–50878; FRL–6774–1] proposed products, when used in 1. Electronically. You may obtain agricultural settings. Experimental Use Permit; Receipt of electronic copies of this document, and Application E. Cumulative Exposure certain other related documents that AGENCY: Environmental Protection might be available electronically, from There is no indication of mammalian Agency (EPA). the EPA Internet Home Page at http:// www.epa.gov/. To access this toxicity of Bacillus pumilus and no ACTION: Notice. information to indicate that toxic effects document, on the Home Page select would be cumulative. Therefore, SUMMARY: This notice announces receipt ‘‘Laws and Regulations,’’ ‘‘Regulations consideration of a common mode of of an application 69592–EUP–R from and Proposed Rules,’’ and then look up action is not appropriate. In addition, it AgraQuest, Inc., 1530 Drew Avenue, the entry for this document under the is not expected that, when used as Davis, CA 95616 requesting an ‘‘Federal Register—Environmental proposed, SonataTM AS would result in experimental use permit (EUP) for the Documents.’’ You can also go directly to residues that would remain in human microbial pesticide Bacillus pumilus the Federal Register listings at http:// food items. Strain QST 2808. The Agency has www.epa.gov/fedrgstr/. determined that the application may be 2. In person. The Agency has F. Safety Determination of regional and national significance. established an official record for this Risk and exposure to humans, infants, Therefore, in accordance with 40 CFR action under docket control number and children is likely to be minimal. 172.11(a), the Agency is soliciting OPP–50878. The official record consists comments on this application. of the documents specifically referenced 1. U.S. population. Bacillus pumilus DATES: Comments, identified by docket in this action, and other information strain QST 2808 is not pathogenic or control number OPP–50878, must be related to this action, including any infective to mammals. There have been received on or before June 4, 2001. information claimed as Confidential no reports of toxins associated with the ADDRESSES: Comments and data may be Business Information (CBI). This official organism, and acute toxicity/ submitted by mail, electronically, or in record includes the documents that are pathogenicity studies have shown that person. Please follow the detailed physically located in the docket, as well Bacillus pumilus strain QST 2808 is instructions for each method as as the documents that are referenced in non-toxic, non-pathogenic, and non- provided in Unit I. of the those documents. The public version of irritating. Residues of Bacillus pumilus SUPPLEMENTARY INFORMATION. To ensure the official record does not include any strain QST 2808 are not expected on proper receipt by EPA, it is imperative information claimed as CBI. The public agricultural commodities, and therefore, that you identify docket control number version of the official record, which exposure to the general U.S. population, OPP–50878 in the subject line on the includes printed, paper versions of any from the proposed uses, is not first page of your response. electronic comments submitted during anticipated. FOR FURTHER INFORMATION CONTACT: By an applicable comment period is 2. Infants and children. As mentioned mail: Susanne Cerrelli, Biopesticides available for inspection in the Public above, residues of Bacillus pumilus and Pollution Prevention Division Information and Records Integrity strain QST 2808 are not expected on (7511C), Office of Pesticide Programs, Branch (PIRIB), Rm. 119, Crystal Mall agricultural commodities. There is a Environmental Protection Agency, 1200 #2, 1921 Jefferson Davis Hwy., reasonable certainty of no harm for Pennsylvania Ave., NW., Washington, Arlington, VA, from 8:30 a.m. to 4 p.m., infants and children from exposure to DC 20460; telephone number: (703) Monday through Friday, excluding legal Bacillus pumilus strain QST 2808 from 308–8077; e-mail address: holidays. The PIRIB telephone number the proposed uses. [email protected]. is (703) 305–5805.
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C. How and to Whom Do I Submit CBI or the procedures for claiming CBI, comments and data received in response Comments? please consult the person listed under to this notice, EPA will decide whether You may submit comments through FOR FURTHER INFORMATION CONTACT. to issue or deny the EUP request for this EUP program, and if issued, the the mail, in person, or electronically. To E. What Should I Consider as I Prepare conditions under which it is to be ensure proper receipt by EPA, it is My Comments for EPA? imperative that you identify docket conducted. Any issuance of an EUP will You may find the following control number OPP–50878 in the be announced in the Federal Register. suggestions helpful for preparing your subject line on the first page of your comments: IV. What is the Agency’s Authority for response. 1. Explain your views as clearly as Taking this Action? 1. By mail. Submit your comments to: possible. The Agency’s authority for taking this Public Information and Records 2. Describe any assumptions that you action is under 40 CFR part 172. Integrity Branch (PIRIB), Information used. Resources and Services Division 3. Provide copies of any technical List of Subjects (7502C), Office of Pesticide Programs information and/or data you used that Environmental protection, (OPP), Environmental Protection support your views. Experimental use permits. Agency, 1200 Pennsylvania Ave., NW., 4. If you estimate potential burden or Washington, DC 20460. costs, explain how you arrived at the Dated: April 17, 2001. 2. In person or by courier. Deliver estimate that you provide. Kathleen F. Knox, your comments to: Public Information 5. Provide specific examples to Acting Director, Biopesticides and Pollution and Records Integrity Branch (PIRIB), illustrate your concerns. Prevention Division, Office of Pesticide Information Resources and Services 6. Offer alternative ways to improve Programs. Division (7502C), Office of Pesticide the notice. [FR Doc. 01–11095 Filed 5–2–01; 8:45 am] Programs (OPP), Environmental 7. Make sure to submit your BILLING CODE 6560–50–S Protection Agency, Rm. 119, Crystal comments by the deadline in this Mall #2, 1921 Jefferson Davis Hwy., document. Arlington, VA. The PIRIB is open from 8. To ensure proper receipt by EPA, 8:30 a.m. to 4 p.m., Monday through be sure to identify the docket control FEDERAL COMMUNICATIONS Friday, excluding legal holidays. The number assigned to this action in the COMMISSION PIRIB telephone number is (703) 305– subject line on the first page of your 5805. response. You may also provide the [DA 01–933, ET Docket No. 98–206] 3. Electronically. You may submit name, date, and Federal Register your comments electronically by e-mail citation. The MITRE Corporation Report on to: [email protected], or you can Technical Analysis of Potential submit a computer disk as described II. Background Harmful Interference to DBS From above. Do not submit any information AgraQuest, Inc., 1530 Drew Avenue, Proposed Terrestrial Services in the electronically that you consider to be Davis, CA 95616 has requested an EUP 12.2–12.7 GHz Band CBI. Avoid the use of special characters for the microbial pesticide Bacillus AGENCY: Federal Communications and any form of encryption. Electronic pumilus Strain QST 2808 for a 2 year Commission. submissions will be accepted in period, commencing March 1, 2001 and WordPerfect 6.1/8.0 or ASCII file ending March 1, 2003. The objective of ACTION: Notice; request for comments. format. All comments in electronic form this EUP is to obtain efficacy and SUMMARY: The MITRE Corporation must be identified by docket control phytotoxicity data over a large delivered to the FCC a Report titled number OPP–50878. Electronic geographical area on many important ‘‘Analysis of Potential MVDDS comments may also be filed online at minor crops. A total of 4,000 acres are Intereference to DBS in the 12.2–12.7 many Federal Depository Libraries. proposed to be treated with 2,188 GHz Band.’’ The MITRE Corporation pounds of active ingredient. D. How Should I Handle CBI That I report was conducted pursuant to AgraQuest’s proposed testing areas Want to Submit to the Agency? Prevention of Interference to Direct include the following states: Arizona, Broadcast Satellite Services, of the Do not submit any information California, Colorado, Florida, Georgia, Commerce, Justice, State and Judiciary electronically that you consider to be Indiana, Michigan, North Carolina, Appropriations Act, (CJSJA Act), H.R. CBI. You may claim information that North Dakota, New Jersey, New Mexico, 5548 (enacted on December 21, 2000, as you submit to EPA in response to this New York, Oklahoma, Oregon, part of Public Law 106–553). The document as CBI by marking any part or Pennsylvania, Texas, Virginia, MITRE Corporation report addresses the all of that information as CBI. Washington, West Virginia, and question of possible interference from Information so marked will not be Wisconsin. Proposed crop treatment MVDDS to DBS. Pursuant to the statute, disclosed except in accordance with sites include brassica, bulb vegetables, the Commission seeks comment on this procedures set forth in 40 CFR part 2. cereal grains, cucurbits, fruiting report. In addition to one complete version of vegetables, grape, grass seed, hop, leafy the comment that includes any vegetables, legume vegetables, mint, DATES: Comments Due: May 15, 2001; information claimed as CBI, a copy of peanuts, pome fruits, root and tuber Reply Comments Due May 23, 2001. the comment that does not contain the vegetables, roses (field) and stone fruits. FOR FURTHER INFORMATION CONTACT: information claimed as CBI must be The application methods proposed Michael Marcus for the MITRE Study, submitted for inclusion in the public include ground, aerial, and chemigation and Tom Derenge for ET Docket No. 98– version of the official record. methodology. 206, Office of Engineering and Information not marked confidential Technology, (202) 418–2418, and (202) will be included in the public version III. What Action is the Agency Taking? 418–2451, respectively; internet of the official record without prior Following the review of the [email protected] and [email protected], notice. If you have any questions about AgraQuest, Inc. application and any respectively.
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SUPPLEMENTARY INFORMATION: This is a ecfs.html. In completing the transmittal STATUS: This meeting will be closed to summary of the text of the Public screen, commenters should include the public. Notice, DA 01–933 released April 23, their full name, Postal Service mailing ITEMS TO BE DISCUSSED: 2001. This document is available on the address, and the applicable docket Compliance matters pursuant to 2 Commission’s Internet site, at number. Parties may also submit an U.S.C. § 437g. ww.fcc.gov/oet/info/mitrereport/. It is electronic comment by Internet e-mail. Audits conducted pursuant to 2 also available for inspection and To obtain filing instructions for e-mail U.S.C. § 437g, § 438(b), and Title 26, copying during regular business hours comments, commenters should send an U.S.C. in the FCC Reference Center, Room CY– e-mail to [email protected], and should Matters concerning participation in A257, 445 12th Street, SW, Washington, include the following words in the body civil actions or proceedings or DC, and also may be purchased from the of the message: ‘‘get form
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Unless otherwise noted, comments GENERAL SERVICES GENERAL SERVICES regarding each of these applications ADMINISTRATION ADMINISTRATION must be received at the Reserve Bank indicated or the offices of the Board of Notice of Intent To Prepare an Public Buildings Service, Portfolio Governors not later than May 29, 2001. Environmental Impact Statement (EIS) Management Division (9PT); Notice of Public Meeting A. Federal Reserve Bank of Atlanta for the Future Master Plan (Cynthia C. Goodwin, Vice President) Development for the Centers for The General Services Administration 104 Marietta Street, NW., Atlanta, Disease Control (CDC) in Chamblee, (GSA) is in the process of investigating Georgia 30303–2713: GA a potential site for the U.S. Border Patrol in the vicinity of Madison Avenue and 1. Financial Investors of the South, Pursuant to the requirements of the Guava Street in Murrieta, CA, and is Birmingham, Alabama; to acquire 100 National Environmental Policy Act developing an Environmental percent of the voting shares of Capital (NEPA) of 1969, and the President’s Assessment for the project. A public Bank (in organization), Montgomery, Council on Environmental Quality meeting will be held at the Murrieta Alabama. Regulations (40 CFR parts 1500–1508), City Council Chambers, 26442 Beckman 2. Wewahitchka State Bank Employee as implemented by General Services Court, Murrieta, CA 92562, on May 9, Stock Ownership Plan, Wewahitchka, Administration (GSA) Order PBS P 2001, at 6 p.m. For additional Florida; to acquire 50 percent of the 1095.4D, GSA announces its Notice of information regarding this project, call voting shares of Gulf Coast Community Intent (NOI) to prepare an EIS for the Kevin Waldron, Project Manager, at Bancshares, Inc., Wewahitchka, Florida, proposed development and future build (415) 522–3275, General Services and thereby indirectly acquire out for the CDC in Chamblee, Georgia. Administration, Public Buildings Wewahitchka State Bank, Wewahitchka, The proposed action includes the Service, Portfolio Management Division, 450 Golden Gate Avenue (9PTC), San Florida. expansion of facilities and will include Francisco, CA 94102. B. Federal Reserve Bank of Chicago additional buildings, parking structures, Dated: April 17, 2001. (Phillip Jackson, Applications Officer) and infrastructure on Government- Abdee Gharavi, 230 South LaSalle Street, Chicago, owned property located in Chamblee Director (9PT), Portfolio Management Illinois 60690–1414: located south of Tucker Road between Peachtree Dekalb Airport and Buford Division, PBS, General Services 1. Advantage Bancorp, Woodbury, Highway. The EIS will examine the Administration. Minnesota; to become a bank holding impacts of this proposed development [FR Doc. 01–11148 Filed 5–2–01; 8:45 am] company by acquiring 100 percent of on the natural and human environment BILLING CODE 6820–61–M the voting shares of First Choice Bank to include impacts to wetlands, (in organization), Geneva, Illinois. floodplains, traffic, and other potential 2. CIB Marine Bancshares, Inc., impacts identified by the community DEPARTMENT OF HEALTH AND HUMAN SERVICES Pewaukee, Wisconsin; to merge with through the scoping process. Citrus Financial Services, Inc., Vero The EIS will address the potential Office of the Secretary Beach, Florida, and thereby indirectly impacts of two alternatives: the acquire Citrus Bank, NA, Vero Beach, Proposed Action (Development Findings of Scientific Misconduct Florida. Alternative), and No-Action Alternative AGENCY: Office of the Secretary, HHS. 3. Hustisford Community Bancorp, (meet facility requirements without full ACTION: Notice. Inc., Hustisford, Wisconsin; to become a development on site). GSA will solicit bank holding company by acquiring 100 community input throughout this SUMMARY: Notice is hereby given that percent of the voting shares of process, and will incorporate the Office of Research Integrity (ORI) Hustisford State Bank, Hustisford, community comments into the decision and the Assistant Secretary for Health Wisconsin. process. As part of the Public Scoping have taken final action in the following process, GSA solicits comments in case: C. Federal Reserve Bank of Malabika Sarker, M.B.B.S., M.P.H., writing at the following address: Mr. Minneapolis (JoAnne F. Lewellen, University of Alabama at Birmingham: Assistant Vice President) 90 Hennepin Phil Youngberg, Environmental Based on the report of an investigation Avenue, Minneapolis, Minnesota Manager (4PT), General Services conducted by the University of Alabama 55480–0291: Administration (GSA), 77 Forsyth at Birmingham and additional analysis 1. American Summit Financial Street, Suite 450, Atlanta, GA 30303 or conducted by ORI in its oversight Holdings, LLC, Eden Prairie, Minnesota; Fax: Mr. Phil Youngberg at 404–562– review, the U.S. Public Health Service to become a bank holding company by 0790. Comments should be submitted in (PHS) finds that Dr. Sarker, former acquiring up to 60 percent of the voting writing no later than June 1st, 2001. doctoral fellow, Department of shares of Superior Financial Holding Dated: April 18, 2001. Epidemiology, School of Public Health, University of Alabama at Birmingham, Company, Two Harbors, Minnesota, and Phil Youngberg, thereby indirectly acquire Lake Bank, engaged in scientific misconduct by Environmental Manager (4PT), General falsifying questionnaire data for risk N.A., Two Harbors, Minnesota. Services Administration. factors for sexually transmitted diseases Board of Governors of the Federal Reserve [FR Doc. 01–11147 Filed 5–2–01; 8:45 am] (STDs) in Bangladesh for her System, April 27, 2001. BILLING CODE 6820–23–M dissertation. The research was Robert deV. Frierson supported by the Fogerty International Associate Secretary of the Board. Center, National Institutes of Health [FR Doc. 01–11038 Filed 5–2–01; 8:45 am] (NIH), grant D43 TW01035, ‘‘UAB AIDS/HIV International Training & BILLING CODE 6210–01–S Research.’’
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The purpose of the research was to section 10(d) of 5 U.S.C., Appendix 2 DEPARTMENT OF HEALTH AND determine from questionnaires the and 5 U.S.C., 552b(c)(6). Grant HUMAN SERVICES lifestyle and personal history factors of applications are to be reviewed and subjects and correlate them to infection discussed at these meetings. These Centers for Disease Control and rates for STDs from use of laboratory discussions are likely to reveal personal Prevention tests. Dr. Sarker admitted that she information concerning individuals [60 Day–01–32] falsified the coding of the questionnaire associated with the applications. This data relating to the occupations of the information is exempt from mandatory Proposed Data Collections Submitted subjects and of their sexual partners to disclosure under the above-cited for Public Comment and present statistically significant data statutes. Recommendations regarding the risk factors for STDs. 1. Name of Subcommittee: Health Care Dr. Sarker has accepted the PHS In compliance with the requirement Research Training. of section 3506(c)(2)(A) of the finding and has entered into a Voluntary Date: May 10–11, 2001 (Open from 8 a.m. Exclusion Agreement with PHS in to 8:15 a.m. and closed for remainder of the Paperwork Reduction Act of 1995 for which she has voluntarily agreed for a meeting). opportunity for public comment on period of three (3) years, beginning on Place: AHRQ, Executive Officer Center, proposed data collection projects, the April 17, 2001: 6010 Executive Boulevard, 4th Floor Centers for Disease Control and (1) To exclude herself from serving in Conference Center, Rockville, Maryland Prevention (CDC) will publish periodic any advisory capacity to PHS, including 20852. summaries of proposed projects. To but not limited to service on any PHS 2. Name of Subcommittee: Health Research request more information on the advisory committee, board, and/or peer Dissemination and Implementation. proposed projects or to obtain a copy of review committee; Date: June 4–5, 2001 (Open from 8 a.m. to the data collection plans and 8:15 a.m. and closed for remainder of the (2) That any institution that submits meeting). instruments, call the CDC Reports an application for PHS support for a Place: AHRQ, Executive Office Center, Clearance Officer on (404) 639–7090. research project on which Dr. Sarker’s 6010 Executive Boulevard, 4th Floor Comments are invited on: (a) Whether participation is proposed or that uses Conference Center, Rockville, Maryland the proposed collection of information Dr. Sarker in any capacity on PHS 20852. is necessary for the proper performance supported research, or that submits a 3. Name of Subcommittee: Health Care of the functions of the agency, including report of PHS-funded research in which Technology and Decision Sciences. whether the information shall have Dr. Sarker is involved, must Date: June 7–8, 2001 (Open from 8 a.m. to practical utility; (b) the accuracy of the concurrently submit a plan for 8:15 a.m. and closed for remainder of the agency’s estimate of the burden of the supervision of her duties to the funding meeting). proposed collection of information; (c) agency for approval. The supervisory Place: AHRQ, Executive Office Center, ways to enhance the quality, utility, and 6010 Executive Boulevard, 4th Floor plan must be designed to ensure the Conference Center, Rockville, Maryland clarity of the information to be scientific integrity of Dr. Sarker’s 20852. collected; and (d) ways to minimize the research contribution. The institution 4. Name of Subcommittee: Health Care burden of the collection of information must also submit a copy of the Systems Research. on respondents, including through the supervisory plan to ORI. Date: June 7–8, 2001 (Open from 8 a.m. to use of automated collection techniques FOR FURTHER INFORMATION CONTACT: 8:15 a.m. and closed for remainder of the or other forms of information Director, Division of Investigative meeting). technology. Send comments to Anne Place: AHRQ, Executive Office Center, O’Connor, CDC Assistant Reports Oversight, Office of Research Integrity, 6010 Executive Boulevard, 4th Floor 5515 Security Lane, Suite 700, Conference Center, Rockville, Maryland Clearance Officer, 1600 Clifton Road, Rockville, MD 20852, (301) 443–5330. 20852. MS–D24, Atlanta, GA 30333. Written 5. Name of Subcommittee: Health Care comments should be received within 60 Chris Pascal, Quality and Effectiveness Research. days of this notice. Director, Office of Research Integrity. Date: June 21–22, 2001 (Open from 8 a.m. [FR Doc. 01–11073 Filed 5–2–01; 8:45 am] to 8:15 a.m. and closed for remainder of the Proposed Project BILLING CODE 4150–31–U meeting). NIOSH Website for Kids and Teens— Place: AHRQ, Executive Office Center, NEW—The National Institute for 6010 Executive Boulevard, 4th Floor Occupational Safety and Health DEPARTMENT OF HEALTH AND Conference Center, Rockville, Maryland (NIOSH), Centers for Disease Control HUMAN SERVICES 20852. Contact Person: Anyone wishing to obtain and Prevention (CDC). The mission of the National Institute for Occupational Agency for Healthcare Research and a roster of members or minutes of the meetings should contact Ms. Jenny Griffith, Safety and Health is to promote safety Quality Committee Management Officer, Office of and health at work for all people Research Review, Education and Policy, Notice of Meetings through research and prevention. AHRQ, 2101 East Jefferson Street, Suite 400, The goal of this project is to develop In accordance with section 10(d) of Rockville, Maryland 20852, Telephone (301) a more effective means of the Federal Advisory Committee Act as 594–1847. communicating NIOSH occupational amended (5 U.S.C., Appendix 2), The (This notice is being published less than 15 safety and health (OSH) information to Agency for Healthcare Research and days prior to the May 10–11 meeting due to youth via the NIOSH Website for Kids administrative difficulties.) and Teens. NIOSH research indicates Quality (AHRQ) announces meetings of Agenda items for these meetings are scientific peer review groups. The subject to change as priorities dictate. that approximately 80% of youths are subcommittees listed below are part of employed at some point before they the Agency’s Health Services Research Dated: April 25, 2001. leave high school. Research also Initial Review Group Committee. John M. Eisenberg, indicates that despite being prevented The subcommittee meetings will be Director. by child labor laws from engaging in the closed to the public in accordance with [FR Doc. 01–11040 Filed 5–2–01; 8:45 am] most dangerous occupations, teens have the Federal Advisory Committee Act, BILLING CODE 4160–90–M a higher rate of injury per hour worked
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than adults. Each year, 70 teens die from Due to significant differences in 15–19) will be surveyed regarding their work injuries. Another 200,000 are cognitive and emotional development, preferences for website content, style, injured on the job each year. Of these, the youth audience targeted by this promotional channels, behavioral about 100,000 are injured seriously study will be segmented into three age intentions, behavioral norms, and enough to require emergency room groups, 5–8, 9–14, and 15–19. These age perceived behavioral constraints; 2) treatment. groups roughly correspond to Pretesting of enhanced OSH website This project will identify effective elementary, middle, and high school. content and format developed by this promotional methods to assure a high Different website content will be study on representative samples of the level of awareness of the NIOSH developed for each age group. targeted age groups and of promotional Website for Kids and Teens among Since youth from rural and urban materials; 3) A promotional campaign youth and to generate a high volume of backgrounds have different first-time visitors to the website. This opportunities for employment, it is using a 3 (elementary, middle, and high project will also develop enhanced expected that youth from these two school age groups) X 2 (tailored website content to increase the areas will have different OSH promotional messages, untailored relevance of the NIOSH Website for information needs. This study will promotional messages) X 2 (rural, Kids and Teens for the youth audience recruit representative samples of youth urban) design. Promotional messages and to insure repeated visits to the from both rural and urban areas. will be placed in venues (such as website. The Theory of Planned Differences found between youth from magazines or television programs) that Behavior (TPB) will be used to guide the these two areas will be used to tailor have youth oriented content. The assessment of youth attitudes and website content for each group. The effectiveness of these promotional intentions regarding the usage of an impact of this tailoring will be assessed channels and messages will be OSH website. This information will be by systematically matching and determined by monitoring the volume of used to tailor promotional messages to mismatching this tailored content with visits to the respective internet portal increase their appeal to youth who representative samples of youth from pages for the NIOSH Website for Kids report that they would not be likely to each area. and Teens. visit an OSH website. The effectiveness The aims of this project will be of the tailored promotional messages accomplished in three phases: 1) Based on an entry level hourly wage will be contrasted with that of Representative samples from each of of $5.15, the total cost to respondents is untailored messages. three targeted age groups (5–8, 9–14, $15,450.
No. of Average No. of responses burden per Total Type of survey Type of respondents respondents per response burden respondents (in hours) (in hours)
Audience Need and Preference Survey ... Elementary, middle, and high school stu- 750 1 2 1,500 dents. Pretesting ...... Elementary, middle, and high school stu- 750 1 2 1,500 dents.
Total ...... 3,000
Dated: April 25, 2001. summaries of proposed projects. To Proposed Project Nancy Cheal, request more information on the The National Health and Nutrition Acting Associate Director for Policy, Planning proposed projects or to obtain a copy of and Evaluation, Centers for Disease Control the data collection plans and Examination Survey (NHANES) OMB. and Prevention. instruments, call the CDC Reports No. 0920–0237—Revision—National [FR Doc. 01–11052 Filed 5–2–01; 8:45 am] Clearance Officer on (404) 639–7090. Center for Health Statistics (NCHS), Centers for Disease Control and BILLING CODE 4163–18–P Comments are invited on: (a) Whether the proposed collection of information Prevention (CDC). The National Health is necessary for the proper performance and Nutrition Examination Survey DEPARTMENT OF HEALTH AND of the functions of the agency, including (NHANES) has been conducted HUMAN SERVICES whether the information shall have periodically since 1970 by the National practical utility; (b) the accuracy of the Center for Health Statistics, CDC. The Centers for Disease Control and agency’s estimate of the burden of the current cycle of NHANES began in Prevention proposed collection of information; (c) February 1999 and will now be ways to enhance the quality, utility, and conducted on a continuous, rather than [60 Day–01–34] clarity of the information to be periodic, basis. About 5,000 persons will be examined annually. They will Proposed Data Collections Submitted collected; and (d) ways to minimize the receive an interview and a physical for Public Comment and burden of the collection of information examination. Participation in the survey Recommendations on respondents, including through the use of automated collection techniques is completely voluntary and In compliance with the requirement or other forms of information confidential. of Section 3506(c)(2)(A) of the technology. Send comments to Anne NHANES programs produce Paperwork Reduction Act of 1995 for O’Connor, CDC Assistant Reports descriptive statistics which measure the opportunity for public comment on Clearance Officer, 1600 Clifton Road, health and nutrition status of the proposed data collection projects, the MS–D24, Atlanta, GA 30333. Written general population. Through the use of Centers for Disease Control and comments should be received within 60 questionnaires, physical examinations, Prevention (CDC) will publish periodic days of this notice. and laboratory tests, NHANES studies
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the relationship between diet, nutrition compared to those from previous fortification policies, programs to limit and health in a representative sample of surveys to monitor changes in the health environmental exposures, immunization the United States. NHANES monitors of the U.S. population. NHANES will guidelines and health education and the prevalence of chronic conditions also establish a national probability disease prevention programs. The and risk factors related to health such as sample of genetic material for future current submission requests approval coronary heart disease, arthritis, genetic research for susceptibility to through November 2004. osteoporosis, pulmonary and infectious disease. diseases, diabetes, high blood pressure, Users of NHANES data include The survey description, contents, and high cholesterol, obesity, smoking, drug Congress; the World Health uses are the same as those in the and alcohol use, environmental Organization; Federal agencies such as previous Federal Register notice for this exposures, and diet. NIH, EPA, and USDA; private groups survey which was published on March NHANES data are used to establish such as the American Heart Association; 27, 2000 (Volume 65, Number 59). the norms for the general population schools of public health; private There is no net cost to respondents against which health care providers can businesses; individual practitioners; and other than their time. Respondents are compare such patient characteristics as administrators. NHANES data are used reimbursed for any out-of-pocket costs height, weight, and nutrient levels in to establish, monitor, and evaluate such as transportation to and from the the blood. Data from NHANES can be recommended dietary allowances, food examination center.
Number of Number of Avg. burden Category respondents responses/ per response Total burden per year respondent (in hours) (hours)
1. Screening interview only ...... 13,333 1 0.167 2,227 2. Screener and family interviews only ...... 500 1 0.434 217 3. Screener, family, and SP interviews only ...... 882 1 1.101 971 4. Screener, family, and SP interviews and primary MEC exam only ...... 4,951 1 6.669 33,018 5. Screener, household, and SP interviews, primary MEC exam and full MEC replicate exam ...... 248 1 11.669 2,894 6. Screener, household, and SP interviews, and home exam ...... 50 1 1.851 93 7. Quality control verification ...... 1,333 1 0.030 40 8. Special studies ...... 2,067 1 0.500 1,034 Total ...... 40,493
Dated: April 27, 2001. increased awareness, education and grant may be obligated for Nancy Cheal, training, and the operation of hotlines. administrative costs. This five percent Acting Associate Director for Policy, Planning CDC will award targeted grants to State limitation is in lieu of, and replaces, the and Evaluation, Centers for Disease Control Health Departments to be used for rape indirect cost rate. Targeted grants to and Prevention. prevention and education programs States are to be used for rape prevention [FR Doc. 01–11066 Filed 5–2–01; 8:45 am] conducted by rape crisis centers, State and education programs conducted by BILLING CODE 4163–18–P sexual assault coalitions, and other rape crisis centers, State sexual assault public and private nonprofit entities. coalitions, and other public and private Assistance will be provided only to nonprofit entities for: educational DEPARTMENT OF HEALTH AND the health departments of States or their seminars; the operation of hotlines; HUMAN SERVICES bona fide agents who are current training programs for professionals; the recipients of Rape Prevention and preparation of informational material; Centers for Disease Control and Education funding, including: the education and training programs for Prevention District of Columbia, the students and campus personnel Commonwealth of Puerto Rico, the designed to reduce the incidence of [Program Announcement 02002] Virgin Islands, the Commonwealth of sexual assault at colleges and Grants for Rape Prevention and the Northern Mariana Islands, American universities; education to increase Education Samoa, Guam, the Federated States of awareness about drugs used to facilitate Micronesia, the Republic of the rapes or sexual assault; and other efforts AGENCY: Centers for Disease Control and Marshall Islands, and the Republic of to increase awareness of the facts about Prevention (CDC), Department of Health Palau. Approximately $42,000,000 is or to help prevent sexual assault, and Human Services (DHHS). available in FY 2002, for funding under including efforts to increase awareness ACTION: Notice of the availability of this formula-based grant program. in underserved communities and fiscal year 2002 funds and request for It is expected that the awards will awareness among individuals with comments. begin on or about October 1, 2001, and disabilities (as defined in section 3 of will be made for a 12-month budget the Americans with Disabilities Act of SUMMARY: The Centers for Disease period within a project period of up to 1990 (42 U.S.C. 12102)). Control and Prevention (CDC) five years. Continuation awards will be A State may not use more than two announces the availability of fiscal year made within the project period based on percent of the amount received for each (FY) 2002 funds for targeted grants to satisfactory progress reflected in the fiscal year for surveillance studies or state health departments to support annual continuation application. prevalence studies. Amounts provided programs addressing violence against States must adhere to Congressional to States must be used to supplement, women. The Rape Prevention and legislation regarding the allowable uses and not supplant, other Federal, State, Education Grant Program strengthens for these funds. Not more than five and local public funds expended to education and training to combat percent (exclusive of Direct Assistance) provide the services described above. violence against women by supporting of any grant or contract through the Grant funds cannot be used for
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construction, renovation, the lease of ACTION: Notice and request for public Decatur, Georgia 30030; fax: 404–687– passenger vehicles, the development of comment. 6687; e-mail: [email protected]. major software applications, or Dated: April 27, 2001. supplanting current applicant SUMMARY: The National Vaccine expenditures. Advisory Committee (NVAC) Work Joseph R. Carter, The National Center for Injury Group on the Introduction of New Associate Director for Management and Prevention and Control of CDC will Vaccines seeks input on issues that may Operations, Centers for Disease Control and provide information on submitting be barriers to the optimal Prevention. applications via the Rape Prevention implementation of new vaccines. The [FR Doc. 01–11067 Filed 5–2–01; 8:45 am] and Education Version of the Grant work group is evaluating how vaccine BILLING CODE 4163–18–P Application and Reporting System financing affects the standard of care for (RPE–GARS). different population subgroups. DATES: Awards will begin on or about Vaccine financing can impact specific DEPARTMENT OF HEALTH AND October 1, 2001, and will be made for population subgroups differentially in HUMAN SERVICES a 12-month budget period within a terms of access and supply of new project period of up to five years. vaccines. The process by which the Food and Drug Administration Comments are due June 4, 2001. public and private sector purchase and ADDRESSES: Interested persons are distribute vaccines may differ in [Docket No. 01N–0183] invited to comment on the proposed important ways. The public sector plays program. All comments received on or a major role in the financing of pediatric Elanco Animal Health, A Div. of Eli Lilly before June 4, 2001 will be considered vaccine, but it plays a smaller role in the & Co. et al.; Withdrawal of Approval of before the final program announcement financing of adult vaccines. The timing NADAs is published. Address comments to: of public purchase may depend on Wendy Watkins, Division of Violence specific advisory group AGENCY: Food and Drug Administration, Prevention, National Center for Injury recommendations as well as specific HHS. Prevention and Control, Centers for state budgets. The eligibility for public ACTION: Disease Control and Prevention (CDC), and private payer programs may also Notice. 4770 Buford Highway, NE, Mailstop K– vary. 58, Atlanta, GA 30341–3724, Telephone We are asking partner organizations SUMMARY: The Food and Drug (770) 488–1567, Internet address: and groups to submit their items on the Administration (FDA) is withdrawing [email protected]. pluses and minuses of the current approval of 13 new animal drug vaccine financing system. In addition to applications (NADAs) listed below at FOR FURTHER INFORMATION CONTACT: identifying potential barriers to the Wendy Watkins, Division of Violence the request of the sponsor. In a final rule optimal implementation of vaccines due Prevention, National Center for Injury published elsewhere in this issue of the to vaccine financing, possible solutions Prevention and Control, Centers for Federal Register, FDA is amending the to these problems are requested. The Disease Control and Prevention (CDC), animal drug regulations by removing the information gathered from the partners 4770 Buford Highway, NE, Mailstop K– portions reflecting approval of the 58, Atlanta, GA 30341–3724, Telephone will be used as the basis for a meeting NADAs. (770) 488–1567, Internet address: to develop options for the NVAC to [email protected]. consider. DATES: Withdrawal of approval is effective May 14, 2001. Dated: April 27, 2001. DATES: Comments and information must Joseph R. Carter, be submitted by May 31, 2001. FOR FURTHER INFORMATION CONTACT: Associate Director for Management and ADDRESSES: Comments and information Pamela K. Esposito, Center for Operations,, Centers for Disease Control and regarding Vaccine Financing should be Veterinary Medicine (HFV–210), Food Prevention (CDC). submitted to the National Vaccine and Drug Administration, 7500 Standish [FR Doc. 01–11068 Filed 5–2–01; 8:45 am] Program Office, Attn: Introduction of Pl., Rockville, MD 20855, 301–827– BILLING CODE 4163–18–P New Vaccines, Centers for Disease 5593. Control and Prevention, Mailstop D–66, 1600 Clifton Road, NE., Atlanta, Georgia SUPPLEMENTARY INFORMATION: The DEPARTMENT OF HEALTH AND 30333; Federal Express Address: 200 E. following sponsors have requested that HUMAN SERVICES Ponce de Leon Avenue, Decatur, FDA withdraw approval of the NADAs Georgia 30030; fax: 404–687–6687; e- listed below because the products are no Centers for Disease Control and mail: [email protected]. longer manufactured or marketed: Prevention FOR FURTHER INFORMATION CONTACT: The Request for Input on Vaccine National Vaccine Program Office, Attn: Financing Introduction of New Vaccines, Centers for Disease Control and Prevention, AGENCY: Centers for Disease Control and Mailstop D–66, 1600 Clifton Road, NE., Prevention (CDC), Department of Health Atlanta, Georgia 30333; Federal Express and Human Services (DHHS). Address: 200 E. Ponce de Leon Avenue,
21 CFR Cite Affected Sponsor NADA Number Product (Drug) (Sponsor Drug Labeler Code)
Elanco Animal Health, A Div. of Eli Lilly & Co., NADA 12–585 Tylan Injectable (tylosin tar- 522.2640b (000986) Lilly Corporate Center, Indianapolis, IN 46285. trate)...... NADA 15–207 Hyferdex Injection (iron 522.1183(c) (000986) dextran complex).
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21 CFR Cite Affected Sponsor NADA Number Product (Drug) (Sponsor Drug Labeler Code)
...... NADA 30–330 Tylocine Sulfa Tablets (sul not applicable fadiazine, sulfamerazine, sulfamethazine, tylosin)...... NADA 31–962 Tylan plus Neomycin Eye 524.2640 (000986) Powder (neomycin sulfate, tylosin)...... NADA 40–123 Toptic Ointment 524.321 (000986) (cephalonium, flumethasone, iodochlorhydroxyquin, piperocaine hydro- chloride, polymyxin B sulfate)...... NADA 47–092 Tribodine (ticarbodine) ...... 520.2460a (000986) ...... NADA 47–353 Ferti-Cept (chorionic 522.1081(b) (000986) gonadotropin)...... NADA 92–602 Cephalothin Discs 529.360 (000986) (cephaloridine)...... NADA 96–678 Tribodine Capsules 520.2460b (000986) (ticarbodine). Bioproducts, Inc., 320 Springside Dr., suite 300, NADA 93–518 Tylan 10 Plus (tylosin 558.625(b)(2) (051359) Fairlawn, OH 44333–2435. phosphate). Young’s Inc., Roaring Spring, PA 16673 ...... NADA 96–162 Hog Grow-R-Mix-4000, Hog 558.625(b)(13) (035393) Grow-R-Mix–800 (tylosin phosphate). Veterinary Laboratories, Inc., 12340 Santa Fe NADA 42–889 Oxytocin Injection (oxytocin) 522.1680(b) (000857) Dr., Lenexa, KS 66215. Webel Feeds, Inc., R.R. 3, Pittsfield, IL 62363 ... NADA 116–196 Webel Tylan Premix 558.625(b)(73) (035098) (tylosin phosphate).
Therefore, under authority delegated SUMMARY: The Food and Drug FOR FURTHER INFORMATION CONTACT: to the Commissioner of Food and Drugs Administration (FDA) is announcing its Regarding the administrative and (21 CFR 5.10), redelegated to the Center intention to accept and consider a single financial management aspects of this for Veterinary Medicine (21 CFR 5.84), source application for the award of a notice: Rosemary Springer (address and in accordance with § 514.115 cooperative agreement to the University above). Withdrawal of approval of applications of Mississippi (UM) to support the Regarding the programmatic aspects: (21 CFR 514.115), notice is given that National Center for Natural Products Jeanne I. Rader, Center for Food Safety approval of NADAs 12–585, 15–207, Research (NCNPR), which is located on and Applied Nutrition (HFS–840), Food 30–330, 31–962, 40–123, 42–889, 47– UM’s Campus at Oxford, MS. FDA and Drug Administration, 200 C St. SW., 092, 47–353, 92–602, 93–518, 96–162, anticipates providing up to $1 million Washington, DC 20204, 202–205–5375, 96–678, and 116–196, and all in fiscal year 2001 (direct and indirect e-mail: [email protected]. supplements and amendments thereto, costs) for this project, with an additional SUPPLEMENTARY INFORMATION: FDA is is hereby withdrawn, effective May 14, 4 years of funding up to $1 million per announcing its intention to accept and 2001. year predicated upon acceptable consider a single source application from UM for a cooperative agreement to In a final rule published elsewhere in performance and the availability of support NCNPR. FDA’s authority to this issue of the Federal Register, FDA future fiscal year funding. These enter into grants and cooperative is amending the animal drug regulations collaborations will support and benefit agreements is detailed under section by removing those portions that reflect the public health by promoting more 301 of the Public Health Service Act (42 approval of the NADAs. efficient development and dissemination of natural products U.S.C. 241). FDA’s research program is Dated: April 23, 2001. research and science and will described in the Catalog of Federal Linda Tollefson, complement the diverse activities of Domestic Assistance at 93.103. Before Deputy Director, Center for Veterinary both the public and private sector that entering into cooperative agreements, Medicine. may become collaborators. FDA carefully considers the benefits such agreements will provide to the [FR Doc. 01–11071 Filed 5–2–01; 8:45 am] DATES: Submit applications by June 18, BILLING CODE 4160–01–S public. 2001. The Public Health Service (PHS) ADDRESSES: An application is available strongly encourages all award recipients DEPARTMENT OF HEALTH AND from, and should be submitted to to provide a smoke-free work place and HUMAN SERVICES Rosemary Springer, Grants Management to discourage the use of all tobacco Specialist, Division of Contracts and products. This is consistent with the Food and Drug Administration Procurement Management (HFA–520), PHS mission to protect and advance the Food and Drug Administration, 5600 physical and mental health of the Single Source Cooperative Agreement Fishers Lane, Rockville, MD 20857, American people. to Support the National Center for 301–827–7182, e-mail: FDA is committed to achieving the Natural Products Research (NCNPR), [email protected]. Applications hand- health promotion and disease University of Mississippi carried or commercially delivered prevention objectives of Healthy People should be addressed to rm. 2129, 5630 2010, a national activity to reduce AGENCY: Food and Drug Administration, Fishers Lane, Rockville, MD 20857. morbidity and mortality and to improve HHS. Application forms can also be found at the quality of life. Applicants may http://www.nih.gov/grants/funding/ obtain a hard copy of Healthy People ACTION: Notice. phs398/formsltoc.html. 2010 objectives, volumes I and II,
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conference edition (B0074) for $22 per botanical ingredients in dietary dealing with these ingredients and set, by writing to the Office of Disease supplements be developed through products. Since there is increased Prevention and Health Promotion scientific discussion and consensus- concern regarding the safety of dietary (ODPHP) Communication Support building. Such general principles and supplements, the need to find other Center, P.O. Box 37366, Washington, DC criteria will be applicable not only to ways of expanding the current science 20013–7366. Each of the 28 chapters of FDA regulatory and research activities, base is essential. Healthy People 2010 is priced at $2 per but will also promote consistency and The sharing of complementary copy. Telephone orders can be placed to scientific rigor with respect to research resources will create opportunities for the ODPHP Center on 301–468–5690. and standard-setting activities important national and international The ODPHP Center also sells the performed by other organizations and issues in natural products research to be complete conference edition in CD– agencies, and will assist in the addressed in a timely and scientifically ROM format (B0071) for $5. This development of quality control practices sound manner. Many of these issues publication is available as well on the by industry. (e.g., development and characterization Internet at www.health.gov/ II. Goals and Objectives of authenticated botanical reference healthypeople/. Web site viewers standards, and scientific review and should proceed to ‘‘Publications.’’ A. Concept consensus-building) can only be I. Background FDA believes that cooperative addressed with close cooperation of the public and private sectors. UM’s Congress amended the Federal Food, research with the UM–NCNPR will expertise and facilities for obtaining and Drug, and Cosmetic Act (the act) with provide opportunities to address characterizing authenticated botanical the passage of the Dietary Supplement important national and international reference materials are needed to Health and Education Act of 1994, to problems in natural products research conduct investigations at the forefront of create a regulatory framework for in a timely manner. However, only FDA natural products research. Additionally, dietary supplements under food employees will perform any official provisions of the act. FDA has primary regulatory activities. Further, FDA UM’s experimental field plots, vast responsibility for ensuring that believes that cooperative research repository containing thousands of appropriate regulatory actions are taken through UM will promote the efficient natural products extracts for testing in a against marketed products that: (a) use of the complementary resources of variety of biological assays, and their Present an unreasonable or significant both parties. expertise and long history of active risk of illness or injury when used The applicant would propose to scientific investigations are well known according to label directions or under design, implement, and evaluate a in these areas. University personnel will ordinary conditions of use, or (b) bear comprehensive, multidisciplinary array provide enhanced scientific expertise in labeling that is false or misleading. of scientific activities in the broad area advanced techniques for the The ability to identify and analyze of natural products’ ingredients. The characterization of natural products as specific components in ingredients, applicant’s proposal must be designed well as expand the current capabilities including botanical ingredients, and in to meet the objectives of the request for in research to support regulatory actions finished products is an essential applications (RFA). The applicant’s and respond to emergency situations. component of research and regulatory proposal should identify and assess C. Summary programs directed at ensuring that innovative approaches to address the dietary supplements are safe and that RFA objectives relative to the broad area FDA believes that research conducted their labeling is truthful and not of natural product identification and at the UM is a sound investment in the misleading. The availability of safety. future public health of American authenticated reference materials is an The purpose of this cooperative consumers. It provides an opportunity essential prerequisite to the accurate agreement would be to: for extensive cooperation with identification and quantitative analysis • Coordinate scientific workshops and university scientists; and it will of ingredients or finished products. For conferences on relevant topics of public stimulate collaborative efforts to ensure many botanical ingredients currently interest to address high priority science a safe food supply contributing used in marketed dietary supplement and research needs; significantly to the implementation of products, however, appropriate • Obtain and characterize the goals for government, academia, reference materials are not readily authenticated reference materials for industry, and consumers to work available, their authenticity is not well botanicals; together to improve the safety of natural documented, and their compositional • Develop literature reviews on products. The UM scientists would characteristics are not adequately relevant topics; and bring a special perspective to advancing defined and evaluated for biological • Share technical information and the knowledge of natural products effects. scientific concepts. germane to the public interest. The use of botanical products in Interaction among those scientists will dietary supplements in the U.S. has B. Project Emphasis stimulate creativity and innovation. increased significantly in recent years. The purpose is to augment and FDA’s participation in this venture will The newness of the regulatory enhance research and scientific promote a greater awareness and approaches and marketed uses of these expertise in natural products research. understanding of regulatory science and products has created a critical need for There is a critical need to address the practice among academic scientists, bringing sound science to a number of increasingly complex problems in such thereby providing economic and issues that are necessary to ensure that areas as acquisition, validation, and program benefits to both. In summary, marketed products are safe and their characterization of botanical reference collaboration between the public and labeling is truthful and not misleading. materials, related research and literature the private sector provides an efficient Therefore, it is essential that general reviews to ensure the safety or means of remaining current with principles and criteria for ensuring effectiveness of marketed products, and scientific and technical scientific validity in manufacturing of the development of sound scientific accomplishments in the areas of natural botanical products and the use of principles and consensus-building for products research.
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III. Mechanism of Support and agrochemicals derived from natural and develop natural products for use as products. The goal of NCNPR in bioactive ingredients in dietary A. Award Instrument botanical dietary supplements is to supplements and pharmaceuticals, and Support for this program, if awarded, enable safe, effective, and proper use of for improving the quality and safety of will be in the form of a cooperative high quality botanical products by dietary supplements. Finally, the large agreement. The award will be subject to informed professionals and consumers. number of established collaborations all policies and requirements that NCNPR conducts basic and applied among NCNPR scientists and other govern the research grant programs of multidisciplinary research to discover government agencies, academic the PHS, including the provisions of 42 and develop natural products for use as organizations, and research institutions CFR part 52, 45 CFR parts 74 and 92, pharmaceuticals, dietary supplements will also be useful in enhancing the and PHS’s grants policy statement. The and agrochemicals. NCNPR also collaborative efforts with FDA. These regulations issued under Executive maintains a repository of several collaborations will support and benefit Order 12372 do not apply. thousand natural product extracts that the public health by promoting more B. Length of Support are available for screening by efficient development and collaborators working in other areas. dissemination of natural products The length of support will be for 1 NCNPR has substantial expertise to research and science and will year with the possibility of an carry forward specific discoveries, complement the diverse activities of additional 4 years of noncompetitive products, and technologies. Most of the both the public and private sector that support. Continuation, beyond the first projects to develop promising high may become collaborators. year, will be based upon performance priority products or technology are Research in NCNPR is focused on during the preceding year and the conducted in collaboration with using state-of-the-art knowledge and availability of Federal fiscal year industrial partners or through externally technology to discover bioactive natural appropriations. The National Institutes funded grants and contract. NCNPR is products, develop novel technologies or of Health (NIH) modular grant program staffed with a highly synergistic mix of processes that facilitate the discovery of does not apply to this FDA program. full-time research faculty and support bioactive natural products, and provide IV. Reasons for Single Source Selection staff and employs a number of research-based information on plant undergraduate and graduate students derived products with health Competition is limited to UM and postdoctoral scientists. applications. These programs, facilities, because: (1) FDA’s appropriations Additionally, the USDA’s National and expertise are essential for language has included funds for Products Utilization Research Unit is supporting the needs to ensure that collaborative research on dietary co-housed and programmatically sound science is available for ensuring supplements between UM–NCNPR and integrated with the NCNPR thus the safety and truthfulness of labeling of FDA; and (2) UM has been determined expanding the available expertise and marketed dietary supplement products. to be the only institution with the facilities. Together, the faculty, Collaboration between the public and unique capability of providing a broad scientists, staff, students, USDA private sector is an efficient means for range of highly relevant scientific scientists, and external collaborators, both FDA and UM to remain current expertise and facilities that are provide the human resources required with scientific and technical physically co-located and singularly to accomplish the research and accomplishments from a natural dedicated to natural products research. development goals of the RFA. products research perspective. FDA believes that there is compelling Additionally, FDA’s appropriations Harmonizing regulatory activities is but evidence that UM is uniquely qualified language includes funds for one example of the need for and use of to fulfill the objectives of the proposed collaborative research on dietary this natural products research cooperative agreement. UM is a supplements between NCNPR and FDA. knowledge and expertise. The comprehensive research institution with NCNPR has the unique capability to partnership between FDA and UM will numerous academic programs relevant bring together diverse scientific provide both the technical and to natural products which can help to expertise on bioactive natural products educational expertise necessary for ensure that market products are safe for research from: (a) The UM faculty in the effective mechanisms that will facilitate the American public. The UM School of School of Pharmacy involving the movement of new technology and Pharmacy has been in existence for 90 researchers in the Departments of provide direct usefulness to the public years and has an outstanding 30-year Pharmacognosy, Medicinal Chemistry, health. track record for isolating and developing Pharmaceutics, Pharmacology, and the prospective new pharmaceuticals from Research Institute of Pharmaceutical V. Reporting Requirements plants and microorganisms. Sciences; (b) research scientists in the An annual financial status report NCNPR, which opened in July 1999, U.S. Department of Agriculture/ (FSR) (SF–269) is required. The original is a division of the Research Institute of Agricultural Research Service’s (USDA/ and two copies of this report must be Pharmaceutical Sciences of the UM’s ARS) National Products Utilization submitted to FDA’s Grants Management School of Pharmacy. NCNPR was Research Unit who are physically co- Officer within 90 days of the budget created to bring together an alliance of housed and programmatically integrated expiration date of the grant. Failure to academia, government, and the in the NCNPR; and (c) its close file the FSR in a timely fashion will be pharmaceutical and agrochemical academic links and historical grounds for suspension or termination industries to integrate research, collaborations with agricultural and of the grant. development, and commercialization of botanical programs and facilities at the An annual program progress report is potentially useful natural products. The UM system. UM–NCNPR’s ability to also required. The noncompeting facility is the nation’s only university- successfully and uniquely collaborate continuation application (PHS 2590) affiliated research center devoted to with FDA is also enhanced by its a will be considered the annual program improving human health and repository of several thousand natural progress report. The progress report agricultural productivity through the product extracts; and its long history of must include a description of the discovery, development, and successful basic and applied progress and accomplishments for each commercialization of pharmaceuticals multidisciplinary research to discover objective stated in the RFA.
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A final program progress report, FSR responsive application will also be proprietary research and to protect (SF–269), and invention statement must subject to a second level of review by a confidentiality of data, procedures, etc. be submitted within 90 days after the National Advisory Council for 6. Staff Experience and Capabilities expiration of the project period as noted concurrence with the recommendations on the notice of grant award. made by the first level reviewers. The The application must demonstrate the Commissioner of FDA or his/her availability of core staff with the VI. Delineation of Substantive designee will make final funding experience and capability to conduct Involvement decisions. research as described in the detailed Substantive involvement by the plan presented in item 2 above. The B. Review Criteria awarding agency is inherent in the staff must have the capability to deal cooperative agreement award. 1. Responsiveness to RFA with natural products research as well as plan long-range research to assess Accordingly, FDA will have substantial The application must demonstrate future needs. The availability of involvement in the program activities of that the objectives and goals of the RFA sufficient administrative and support the project funded by the cooperative are understood and the applicant shall personnel to meet the RFA objectives agreement. Substantive involvement offer a logical program to meet the must also be demonstrated. includes, but is not limited to, the objectives of the RFA. following: 7. Reasonableness of proposed budget 1. FDA will work closely with the 2. Adequacy of Plan The application is evaluated on the grantee and have final approval on all The applicant must provide a detailed bases of the reasonableness of costs. project activities. This could include plan to establish a collaborative natural management structure for the program, products research program as a VIII. Submission Requirements development of plans and strategies for multidisciplinary effort (i.e., FDA and The original and two copies of the key scientific approaches and projects, academia). The application will be completed grant application form PHS and for identifying and carrying out the evaluated on the thoroughness of the 398 (Rev. 4/98), with appendices for research. plan, the reasonableness of the each of the copies, should be delivered 2. FDA will participate in all approach, and adherence to the concept to Rosemary Springer (address above). functions directly related to the and its objectives, as stated in the RFA. The application receipt date is June 18, guidance and development of the The detailed plan must form the basis 2001. No supplemental or addendum program. of a balanced natural products research material will be accepted after the 3. FDA will provide technical program directed toward development receipt date. The outside of the mailing monitoring and/or direction of the work, of skills and expertise in aspects of package and item 2 of the application including monitoring of data analysis, natural products research, as stated in face page should be labeled: ‘‘Response interpretation of analytical findings and the RFA. Included will be development to RFA–FDA–CFSAN–2001–2.’’ their significance. of: Scientific expertise in natural 4. FDA will assist and approve (as products research involving researchers IX. Method of Application deemed appropriate) the substance of in pharmacognosy, medicinal A. Submission Instructions publications, co-authorship of chemistry, pharmacology, and publications and data release. pharmaceutical sciences; state of the art Applications will be accepted during 5. FDA will have final approval on knowledge and technology to discover normal business hours, 8 a.m. to 4:30 any re-directions proposed during the bioactive natural products; novel pm., Monday through Friday, on or course of the project. technologies or processes that facilitate before the established receipt date. the discovery of bioactive natural Applications will be considered VII. Review Procedures products; and research-based received on time if sent or mailed on or A. Review Method information on potential health before the receipt date as evidenced by a legible U.S. Postal Service dated The application submitted in applications of plant derived products. The plan must also include a schedule postmark or a legible date receipt from response to this RFA will first be a commercial carrier, unless they arrive for accomplishing the objectives reviewed by grants management and too late for orderly processing. Private outlined above. program staff for responsiveness. The metered postmarks shall not be application will be considered 3. Timeliness of Program acceptable as proof of timely mailing. nonresponsive if it is not in compliance Implementation Applications not received on time will with this document. If an application is The application will be evaluated for not be considered for review and will be found to be nonresponsive it will be the applicant’s ability to establish returned to the applicant. (Applicants returned to the applicant without natural products research in an should note that the U.S. Postal Service further consideration. An application is expeditious manner. does not uniformly provide dated considered nonresponsive for the postmarks. Before relying on this following reasons: (1) The applicant 4. Adequacy and availability of research method, applicants should check with organization is ineligible; (2) it is facilities their local post office.) Do not send received after the specified receipt date; The application must demonstrate applications to the Center for Scientific (3) it is incomplete; (4) it is illegible; (5) that the applicant has adequate research Research (CSR), NIH. Any application it is not responsive to the RFA; (6) the facilities in the areas of: that is sent to NIH, that is then material presented is insufficient to Pharmacognosy, medicinal chemistry, forwarded to FDA and not received in permit an adequate review; and/or (7) it pharmacology, and pharmaceutical time for orderly processing, will be exceeds the recommended threshold sciences, as stated in the RFA. deemed nonresponsive and returned to amount reflected in the RFA. the applicant. Applications must be A responsive application will be 5. Ability to Conduct Proprietary submitted via mail delivery as stated reviewed and evaluated for scientific Research above. FDA is unable to receive and technical merit by an ad hoc panel The application shall demonstrate the applications electronically. Instructions of experts in the subject field. A applicant’s ability to conduct for completing the application form can
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be found on the following Web site: ACTION: Notice. DEPARTMENT OF HEALTH AND http://www.nih.gov/grants/funding/ HUMAN SERVICES phs398/phs398.html. The forms can be SUMMARY: This notice announces a found at http://www.nih.gov/grants/ forthcoming meeting of a public Food and Drug Administration advisory committee of the Food and funding/phs398/formsltoc.html. [Docket No. 01D–0184] Applicants are advised that FDA does Drug Administration (FDA). The meeting will be open to the public. not adhere to the page limitations or the Compliance Policy Guide: ‘‘Statement type size and line spacing requirements Name of Committee: Anesthetic and Life of Policy for Labeling and Preventing imposed by NIH on its applications. Support Drugs Advisory Committee. Cross-Contact of Common Food General Function of the Committee: To Allergens;’’ Availability B. Format for Application provide advice and recommendations to the Submission of the application must be agency on FDA’s regulatory issues. AGENCY: Food and Drug Administration, Date and Time: The meeting will be held HHS. on Grant Application Form PHS 398 on June 14 and 15, 2001, 8 a.m. to 5 p.m. (Rev. 4/98). All ‘‘General Instructions’’ Location: Holiday Inn, The Ballroom, Two ACTION: Notice. and ‘‘Specific Instructions’’ in the Montgomery Village Ave., Gaithersburg, MD. application kit should be followed with Contact: Kimberly Topper, Center for Drug SUMMARY: The Food and Drug the exception of the receipt dates and Evaluation and Research (HFD–21), Food and Administration (FDA) is announcing the mailing label address. The face page of Drug Administration, 5600 Fishers Lane, availability of a compliance policy the application should reflect the Rockville MD 20857, 301–827–7001, e-mail: guide (CPG) entitled ‘‘Statement of [email protected], FAX 301–827–6801, Policy for Labeling and Preventing request for applications number RFA– or FDA Advisory Committee Information FDA–CFSAN–2001–2. Cross-Contact of Common Food Line, 1–800–741–8138 (301–443–0572 in the Allergens.’’ This CPG is intended to set Data included in the application, if Washington, DC area), code 12529. Please restricted with the legend specified call the Information Line for up-to-date forth FDA’s internal enforcement below, may be entitled to confidential information on this meeting. priorities concerning undeclared food treatment as trade secret or confidential Agenda: On both days the committee will allergens. discuss the medical use of opiate analgesics commercial information within the DATES: Submit written comments on meaning of the Freedom of Information in various patient populations, including pediatric patients and patients with chronic this CPG at any time. Act (5 U.S.C. 552(b)(4)) and FDA’s pain of nonmalignant etiology, as well as the ADDRESSES: Submit written requests for implementing regulations (21 CFR risk to benefit ratio of extending opiate single copies of the CPG entitled 20.61). treatment into these populations. It will also ‘‘Statement of Policy for Labeling and Information collection requirements address concerns regarding the abuse Preventing Cross-Contact of Common requested on Form PHS 398 and the potential, diversion and increasing incidence Food Allergens’’ to the Director, instructions have been submitted by of addiction to opiate analgesics, especially to the modified release opiate analgesics. Division of Compliance Policy (HFC– PHS to the Office of Management and 230), Office of Enforcement, Food and Budget (OMB) and were approved and Procedure: Interested persons may present data, information, or views, orally or in Drug Administration, 5600 Fishers assigned OMB control number 0925– writing, on issues pending before the Lane, Rockville, MD 20857. Send two 0001. committee. Written submissions may be self-addressed adhesive labels to assist C. Legend made to the contact person by June 7, 2001. that office in processing your request, or Oral presentation from the public will be fax your request to 301–827–0482. See Unless disclosure is required by the scheduled between approximately 1 p.m. and the SUPPLEMENTARY INFORMATION section Freedom of Information Act as amended 2 p.m each day. Time allotted for each for electronic access to the document. (5 U.S.C. 552) as determined by the presentation may be limited. Those desiring to make formal oral presentations should Submit written comments on the CPG freedom of information officials of to the Dockets Management Branch DHHS or by a court, data contained in notify the contact person before June 7, 2001, and submit a brief statement of the general (HFA–305), Food and Drug the portions of this application that nature of the evidence or arguments they Administration, 5630 Fishers Lane, rm. have been specifically identified by wish to present, the names and addresses of 1061, Rockville, MD 20852. page number, paragraph, etc., by the proposed participants, and an indication of FOR FURTHER INFORMATION CONTACT: applicant as containing restricted the approximate time requested to make their information shall not be used or presentation. Technical questions concerning disclosed except for evaluation Background material from FDA will be allergens in foods: Kathy Gombas, purposes. posted 24 hours before the meeting at the Office of Field Programs (HFS–615), Anesthetic and Life Support Drugs Advisory Center for Food Safety and Applied Dated: April 30, 2001. Committee docket site at http:// Nutrition, Food and Drug William K. Hubbard, www.fda.gov/ohrms/dockets/ac/ Administration, 200 C St. SW., Senior Associate Commissioner for Policy, acmenu.htm. (Click on the year 2001 and Washington, DC 20204, 202–205– Planning, and Legislation. scroll down to Anesthetic and Life Support 4231, FAX 202–260–0136. Drugs meetings.) This is the same Web site [FR Doc. 01–11159 Filed 5–2–01; 8:45 am] where you can find the minutes, transcript, Questions concerning regulatory BILLING CODE 4160–01–S and slides from the meeting. This material is actions: MaryLynn Datoc, Office of generally posted about 3 weeks after the Enforcement (HFC–230), Office of meeting. Regulatory Affairs, Food and Drug DEPARTMENT OF HEALTH AND Notice of this meeting is given under Administration, 5600 Fishers Lane, HUMAN SERVICES the Federal Advisory Committee Act (5 Rockville, MD 20857, 301–827– 0413, FAX 301–827–0482. Food and Drug Administration U.S.C. app. 2). SUPPLEMENTARY INFORMATION: Dated: April 27, 2001. Anesthetic and Life Support Drugs Linda A. Suydam, I. Background Advisory Committee; Notice of Meeting Senior Associate Commissioner. FDA has developed a CPG on FDA’s AGENCY: Food and Drug Administration, [FR Doc. 01–11157 Filed 4–30–01; 4:16 pm] internal enforcement process HHS. BILLING CODE 4160–01–S concerning undeclared allergens in
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foods. The purpose of this CPG is to DEPARTMENT OF HEALTH AND effective new products that would provide clear policy and regulatory HUMAN SERVICES benefit the American public. While guidance to FDA’s field and Congress wanted to reduce unnecessary headquarters staff. It also contains Food and Drug Administration burdens associated with the premarket information that may be useful to the [Docket No. 01D–0202] clearance and approval processes, regulated industry and to the public. Congress did not intend to lower the FDA is issuing this CPG as Level 1 Medical Devices: Draft ‘‘The Least statutory thresholds for substantial guidance consistent with FDA’s good Burdensome Provisions of the FDA equivalence or reasonable assurance of guidance practices regulation (21 CFR Modernization Act of 1997: Concept safety and effectiveness. To help 10.115; 65 FR 56468, September 19, and Principles;’’ Availability achieve this goal, Congress added 2000). The guidance represents the section 513(a)(3)(D)(ii) and (i)(1)(D) to AGENCY: agency’s current thinking on the subject. Food and Drug Administration, the Federal Food, Drug, and Cosmetic It does not create or confer any rights for HHS. Act (the act) (21 U.S.C. 360c). or on any person and does not operate ACTION: Notice. These two paragraphs (a)(3)(D)(ii) and (i)(1)(D) of section 513 of the law to bind FDA or the public. The guidance SUMMARY: The Food and Drug contain what are commonly referred to is intended to further FDA’s efforts to Administration (FDA) is announcing the as the ‘‘least burdensome provisions’’ of prevent potential serious allergic availability of the draft guidance the act. During the last year, FDA has reactions in sensitive individuals entitled ‘‘The Least Burdensome been working with the Least resulting from undeclared allergens in Provisions of the FDA Modernization Burdensome Industry Task Force to foods. FDA is making this guidance Act of 1997: Concept and Principles.’’ In develop an interpretation of the least document effective immediately this draft guidance, FDA sets forth its burdensome provisions that would because public participation prior to its interpretation of the provisions of the accurately capture Congress’ intent and implementation is not appropriate in Food and Drug Administration that could be implemented consistently these circumstances (21 CFR Modernization Act of 1997 (FDAMA) by FDA and industry. This draft 10.115(g)(2); 65 FR 56478). Although the that require FDA to take into account guidance, in addition to the other guidance document announced in this the least burdensome means for guidances developed by the agency, is a notice is being implemented applicants to demonstrate a device’s part of that process. As presented in this immediately, FDA is requesting effectiveness or substantial equivalence. draft guidance, FDA has chosen to apply comments on the guidance. FDA will This guidance is neither final nor is it the least burdensome concept beyond review all comments received, revise in effect at this time. the guidance in response to the the two statutory provisions in which DATES: Submit written comments on the language actually appears. FDA comments as appropriate, and publish a this draft guidance by August 1, 2001. notice of availability if the guidance is considers the least burdensome concept ADDRESSES: Submit written requests for to be one that could affect almost all revised. ″ single copies on a 3.5 diskette of the premarket regulatory activities, II. Comments draft guidance document entitled ‘‘The including presubmission meetings with Least Burdensome Provisions of the industry, premarket submissions, and Interested persons may, at any time, FDA Modernization Act of 1997: the development of guidance documents submit written comments on the CPG Concept and Principles’’ to the Division and regulations. entitled ‘‘Statement of Policy for of Small Manufacturers Assistance Labeling and Preventing Cross-Contact (HFZ–220), Center for Devices and II. Significance of Guidance of Common Food Allergens,’’ to the Radiological Health, Food and Drug This draft guidance document Dockets Management Branch (address Administration, 1350 Piccard Dr., represents the agency’s current thinking above). Two copies of any comments are Rockville, MD 20850. Send two self- on the least burdensome provisions of to be submitted, except addressed adhesive labels to assist that the act. It does not create or confer any that individuals may submit one copy. office in processing your request, or fax rights for or on any person and does not Comments are to be identified with the your request to 301–443–8818. Submit operate to bind FDA or the public. An docket number found in brackets in the written comments on this draft guidance alternative approach may be used if heading of this document. A copy of the to the Dockets Management Branch such approach satisfies the applicable CPG and received comments are (HFA–305), Food and Drug statutes and regulations. available for public examination in the Administration, 5630 Fishers Lane, rm. The agency has adopted good Dockets Management Branch between 9 1061, Rockville, MD 20852. Comments guidance practices (GGPs), and a.m. and 4 p.m., Monday through should be identified with the docket published the final rule, which set forth Friday. number found in brackets in the the agency’s regulations for the heading of this document. See the development, issuance, and use of III. Electronic Access SUPPLEMENTARY INFORMATION section for guidance documents (21 CFR 10.115; 65 Copies of the CPG may also be information on electronic access to the FR 56468, September 19, 2000). This downloaded to a personal computer guidance. draft guidance document is issued as a with access to the Internet. The Office FOR FURTHER INFORMATION CONTACT: Level 1 guidance in accordance with the of Regulatory Affairs (ORA) home page Joanne R. Less, Center for Devices and GGP regulations. Radiological Health (HFZ–403), Food includes the CPG and may be accessed III. Electronic Access at http://www.fda.gov/ora under and Drug Administration, 9200 ‘‘Compliance References.’’ Corporate Blvd., Rockville, MD 20850, In order to receive ‘‘The Least 301–594–1190. Burdensome Provisions of the FDA Dated: April 27, 2001. SUPPLEMENTARY INFORMATION: Modernization Act of 1997: Concept and Ann M. Witt, Principles’’ via your fax machine, call Acting Associate Commissioner for Policy. I. Background the CDRH Facts-On-Demand system at [FR Doc. 01–11072 Filed 5–2–01; 8:45 am] A central purpose of FDAMA was to 800–899–0381 or 301–827–0111 from a BILLING CODE 4160–01–S ensure the timely availability of safe and touch-tone telephone. Press 1 to enter
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the system. At the second voice prompt Paperwork Reduction Act of 1995, the Dated: April 23, 2001. press 1 to order a document. Enter the Health Care Financing Administration John P. Burke III, document number (1332) followed by (HCFA), Department of Health and HCFA Reports Clearance Officer, HCFA Office the pound sign (#). Follow the Human Services, is publishing the of Information Services, Standards and remaining voice prompts to complete following summary of proposed Support Group, Division of HCFA Enterprise your request. collections for public comment. Standards. Persons interested in obtaining a copy Interested persons are invited to send [FR Doc. 01–11044 Filed 5–2–01; 8:45 am] of the draft guidance may also do so comments regarding this burden BILLING CODE 4120–03–P using the Internet. CDRH maintains an estimate or any other aspect of this entry on the Internet for easy access to collection of information, including any information including text, graphics, of the following subjects: (1) The DEPARTMENT OF HEALTH AND and files that may be downloaded to a necessity and utility of the proposed HUMAN SERVICES personal computer with Internet access. information collection for the proper Health Care Financing Administration Updated on a regular basis, the CDRH performance of the agency’s functions; home page includes the civil money (2) the accuracy of the estimated [Document Identifier: HCFA–18] penalty guidance documents package, burden; (3) ways to enhance the quality, device safety alerts, Federal Register utility, and clarity of the information to Agency Information Collection reprints, information on premarket be collected; and (4) the use of Activities: Proposed Collection; submissions (including lists of approved automated collection techniques or Comment Request applications and manufacturers’ other forms of information technology to addresses), small manufacturers’ AGENCY: Health Care Financing minimize the information collection assistance, information on video Administration, HHS. burden. conferencing and electronic In compliance with the requirement submissions, Mammography Matters, Type of Information Collection of section 3506(c)(2)(A) of the and other device-oriented information. Request: Extension of a currently Paperwork Reduction Act of 1995, the The CDRH home page may be accessed approved collection; Title of Health Care Financing Administration at http://www.fda.gov/cdrh. Guidance Information Collection: Clinical (HCFA), Department of Health and documents are also available on the Laboratory Improvement Amendments Human Services, is publishing the Dockets Management Branch Web site at (CLIA) Application Form and following summary of proposed http://www.fda.gov/ohrms/ dockets/ Supporting Regulations in 42 CFR collections for public comment. default.htm. 493.1—.2001; Form No.: HCFA–116 Interested persons are invited to send (OMB# 0938–0581); Use: Certification comments regarding this burden IV. Comments requirements have been established for estimate or any other aspect of this Interested persons may submit to the any entity that performs testing on collection of information, including any Dockets Management Branch (address human beings for diagnostic or of the following subjects: (1) The above) written comments regarding this treatment purposes. Laboratories must necessity and utility of the proposed draft guidance by August 1, 2001. apply for and obtain a certificate in information collection for the proper Submit two copies of any comments, order to perform this testing; Frequency: performance of the agency’s functions; except that individuals may submit one Biennially; Affected Public: Business or (2) the accuracy of the estimated copy. Comments are to be identified other for profit, Not for profit burden; (3) ways to enhance the quality, with the docket number found in institutions, Federal Government, and utility, and clarity of the information to brackets in the heading of this State, local or tribal government; be collected; and (4) the use of document. The guidance document and Number of Respondents: 16,000; Total automated collection techniques or received comments may be seen in the Annual Responses: 16,000; Total other forms of information technology to Dockets Management Branch between 9 Annual Hours: 20,000. minimize the information collection a.m. and 4 p.m., Monday through burden. Friday. To obtain copies of the supporting Type of Information Collection statement and any related forms for the Request: Extension of a curently Dated: April 30, 2001. proposed paperwork collections approved collection; Title of William K. Hubbard, referenced above, access HCFA’s Web Information Collection Application for Senior Associate Commissioner for Policy, Site address at http://www.hcfa.gov/ Hospital Insurance in 42 CFR 406.7; Planning, and Legislation. regs/prdact95.htm, or E-mail your Form No.: HCFA–18 (OMB# 0938– [FR Doc. 01–11231 Filed 5–1–01; 12:40 pm] request, including your address, phone 0251); Use: The HCFA–18F5 is used to BILLING CODE 4160–01–S number, OMB number, and HCFA establish entitlement to hospital document identifier, to insurance and supplementary medical [email protected], or call the Reports insurance for beneficiaries entitled DEPARTMENT OF HEALTH AND Clearance Office on (410) 786–1326. under title XVIII of the Social Security HUMAN SERVICES Written comments and Act; Frequency: On occasion; Affected Health Care Financing Administration recommendations for the proposed Public: Individuals or households; information collections must be mailed Number of Respondents: 50,000; Total [Document Identifier: HCFA–116] within 60 days of this notice directly to Annual Responses: 50,000; Total the HCFA Paperwork Clearance Officer Annual Hours: 12,500. Agency Information Collection designated at the following address: To obtain copies of the supporting Activities: Proposed Collection; HCFA, Office of Information Services, statement and any related forms for the Comment Request Security and Standards Group, Division proposed paperwork collections AGENCY: Health Care Financing of HCFA Enterprise Standards, referenced above, access HCFA’s Web Administration, HHS. Attention: Julie Brown, Room N2–14– Site address at http://www.hcfa.gov/ In compliance with the requirement 26, 7500 Security Boulevard, Baltimore, regs/prdact95.htm, or E-mail your of section 3506(c)(2)(A) of the Maryland 21244–1850. request, including your address, phone
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number, OMB number, and HCFA DEPARTMENT OF HEALTH AND Proposed Project: Organ Procurement document identifier, to HUMAN SERVICES and Transplantation Network (42 CFR [email protected], or call the Reports Part 121, OMB No. 0915–0184)— Clearance Office on (410) 786–1326. Health Resources and Services Revision Written comments and Administration The operation of the Organ recommendations for the proposed Procurement and Transplantation Agency Information Collection information collections must be mailed Network (OPTN) necessitates certain Activities: Submission for OMB within 60 days of this notice directly to recordkeeping and reporting the HCFA Paperwork Clearance Officer Review; Comment Request requirements in order to perform the designated at the following address: functions related to organ Periodically, the Health Resources HCFA, Office of Information Services, transplantation under contract to HHS. and Services Administration (HRSA) Security and Standards Group, Division This is a request for a revision of the publishes abstracts of information of HCFA Enterprise Standards, current recordkeeping and reporting collection requests under review by the Attention: Julie Brown, Attn: HCFA–18, requirements associated with the OPTN. Office of Management and Budget, in Room N2–14–26, 7500 Security These data will be used by HRSA in compliance with the Paperwork Boulevard, Baltimore, Maryland 21244– monitoring the contracts for the OPTN Reduction Act of 1995 (44 U.S.C. 1850. and the Scientific Registry and in Chapter 35). To request a copy of the carrying out other statutory Dated: April 26, 2001. clearance requests submitted to OMB for responsibilities. Information is needed John P. Burke, III, review, call the HRSA Reports to match donor organs with recipients, Reports Clearance Officer, Security and Clearance Office on (301) 443–1129. to monitor compliance of member Standards Group, Division of HCFA The following request has been organizations with OPTN rules and Enterprise Standards. submitted to the Office of Management requirements, and to ensure that all [FR Doc. 01–11118 Filed 5–2–01; 8:45 am] and Budget for review under the qualified entities are accepted for BILLING CODE 4120–03–P Paperwork Reduction Act of 1995: membership in the OPTN. The estimated annual response burden is as follows:
ESTIMATED ANNUAL REPORTING AND RECORD KEEPING BURDEN
Responses Total Section and activity Number of per Total Hours per burden respondents respondent responses response hours
121.3(b) (2)—OPTN membership and application requirements for OPOs, hospitals, histocompatibility laboratories ...... 30 1 30 40 1,200 121.6(c)—Submitting criteria for organ acceptance ...... 900 1 900 0.1 90 121.6(c)—Sending criteria to OPOs ...... 900 1 900 0.1 90 121.7(b)4—Reasons for refusal ...... 900 0.5 34,200 0.1 3,420 121.7(e)—Transplant to prevent organ wastage ...... 900 0.5 420 0.1 42 121.9(b)—Designated transplant program requirements ...... 10 1 10 2 20 Total ...... 940 38.8 36,460 .1 4,862
Written comments and DEPARTMENT OF THE INTERIOR As required by OMB regulations at 5 recommendations concerning the CFR 1320.8(d)(1), the U.S. Geological proposed information collection should U.S. Geological Survey Survey solicits specific public be sent within 30 days of this notice to: comments as to: John Morrall, Human Resources and Request for Public Comments on 1. Whether the collection of Housing Branch, Office of Management Extension of Existing Information information is necessary for the proper and Budget, New Executive Office Collection To Be Submitted to OMB for performance of the functions on the Building, Room 10235, Washington, DC Review Under the Paperwork bureaus, including whether the 20503. Reduction Act information will have practical utility; 2. The accuracy of the bureau’s Dated: April 26, 2001. A request extending the information estimate of the burden of the collection Jane M. Harrison, collection described below will be of information, including the validity of Director, Division of Policy Review and submitted to the Office of Management the methodology and assumptions used: Coordination. and Budget (OMB) for approval under 3. The quality, utility, and clarity of [FR Doc. 01–11074 Filed 5–2–01; 8:45 am] the provisions of the Paperwork the information to be collected; and BILLING CODE 4160–15–U Reduction Act of 1995 (44 U.S.C. 4. How to minimize the burden of the 3506(c)(2)). Copies of the proposed collection of information on those who collection may be obtained by are to respond, including the use of contacting the Bureau’s clearance officer appropriate automated, electronic, at the phone number listed below. mechanical, or other forms of Comments on the proposal should be information technology. made within 60 days to the Bureau Title: User Survey for National Clearance Officer, U.S. Geological Biological Information Infrastructure Survey, 807 National Center, Reston, VA (NBII). 20192. OMB Approval No.: 1028–0069.
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Summary: The collection of Management Act of 1976, 43 U.S.C. disposal of the lands and retain the information referred herein applies to a 1714 (1994), it is ordered as follows: power rights to the United States. voluntary survey that allows visitors to 1. The Bureau of Land Management EFFECTIVE DATE: June 4, 2001. the NBII World-Wide Web site Order dated January 28, 1952, which FOR FURTHER INFORMATION CONTACT: (www.nbii.gov) the opportunity to withdrew public lands for the Bureau of Peter Kempenich, BLM Vernal Field provide feedback on the utility and Reclamation’s Mountain Home Office, 170 South 500 East, Vernal, Utah effectiveness of the NBII operation and Reclamation Project, is hereby revoked 84078, 435–781–4432. contents in meeting their needs. in its entirety. Estimated Completion Time: 3 2. At 9 a.m. on June 4, 2001, the lands SUPPLEMENTARY INFORMATION: By virtue minutes. described in paragraph 1 will be opened of the authority vested in the Secretary Estimated Annual Number of to the operation of the public land laws of the Interior by the Act of June 10, Respondents: 3,000. generally, subject to valid existing 1920, section 24, as amended, 16 U.S.C. Frequency: Once. rights, the provisions of existing 818 (1994), and pursuant to the Estimated Annual Burden Hours: 150 withdrawals, other segregations of determination of the Federal Energy hours. record, and the requirements of Regulatory Commission in DVUT–221– Affected Public: Public and private, applicable law. All valid applications 000, it is ordered as follows: individuals and institutions. received at or prior to 9 a.m. on June 4, 1. At 10 a.m. on June 4, 2001, the For Further Information Contact: To 2001, shall be considered as following described lands withdrawn by obtain copies of the survey, contact the simultaneously filed at that time. Those the Executive Order dated April 16, Bureau clearance officer, U.S. received thereafter shall be considered 1925, which established Power Site Geological Survey, 807 National Center, in the order of filing. Classification No. 93, will be opened to 12201 Sunrise Valley Drive, Reston, 3. At 9 a.m. on June 4, 2001, the lands disposal, subject to the provisions of Virginia, 20192, telephone (703) 648– described in paragraph 1 will be opened section 24 of the Federal Power Act, and 7313, or go to the Website (http:// to location and entry under the United subject to valid existing rights, the www.nbii.gov). States mining laws, subject to valid provisions of existing withdrawals, Dated: April 23, 2001. existing rights, the provisions of existing other segregations of record, and the requirements of applicable law: Dennis B. Fenn, withdrawals, other segregations of Associate Director for Biology. record, and the requirements of Salt Lake Meridian [FR Doc. 01–11045 Filed 5–2–01; 8:45 am] applicable law. Appropriation of any of T.1 N., R. 25 E., the lands described in this order under 1 1 BILLING CODE 4310–Y7–M Sec. 3, lots 18 and 19, and SW ⁄4NW ⁄4. the general mining laws prior to the date T. 2 N., R. 25 E., and time of restoration is unauthorized. Sec. 34, NE1⁄4SW1⁄4 and SW1⁄4SW1⁄4. DEPARTMENT OF THE INTERIOR Any such attempted appropriation, The areas described aggregate 160.78 acres including attempted adverse possession in Daggett County. are governed by State law where not in Bureau of Land Management 2. The State of Utah has waived its conflict with Federal law. The Bureau of right of selection in accordance with the [ID–933–1430–DET; IDI–14647] Land Management will not intervene in provisions of section 24 of the Federal disputes between rival locators over Public Land Order No. 7484; Power Act of June 10, 1920, as amended possessory rights since Congress has Revocation of a Bureau of Land 16 U.S.C. 818 (1994). provided for such determinations in Management Order dated January 28, Dated: April 11, 2001. 1952; Idaho local courts. Gale A. Norton, Dated: April 12, 2001. AGENCY: Bureau of Land Management, Secretary of the Interior. Gale A. Norton, Interior. [FR Doc. 01–11119 Filed 5–2–01; 8:45 am] Secretary of the Interior. ACTION: Public land order. BILLING CODE 4310–DQ–P [FR Doc. 01–11120 Filed 5–2–01; 8:45 am] SUMMARY: This order revokes a Bureau BILLING CODE 4310–GG–P of Land Management order as it affects DEPARTMENT OF THE INTERIOR the remaining public lands withdrawn for the Bureau of Reclamation’s DEPARTMENT OF THE INTERIOR National Park Service Mountain Home Reclamation Project. Bureau of Land Management The lands are no longer needed for the National Park System Advisory Board; purposes for which they were [UT–080–1430–ET; UTU 76946] Meeting withdrawn and the revocation is needed AGENCY: National Park Service, Interior. to consummate a pending land Public Land Order No. 7482; Partial ACTION: exchange. This action will open the Opening of Power Site Classification Notice of meeting. No. 93; Utah lands to surface entry and mining, Notice is hereby given in accordance unless included in other segregations of AGENCY: Bureau of Land Management, with the Federal Advisory Committee record. The lands have been and will Interior. Act, 5 U.S.C. Appendix 1–16, that the remain open to mineral leasing. ACTION: Public land order. National Park System Advisory Board EFFECTIVE DATE: June 4, 2001. will meet May 21–23, 2001, in FOR FURTHER INFORMATION CONTACT: SUMMARY: This order opens, subject to Gatlinburg, Tennessee. The Board will Jackie Simmons, BLM Idaho State the provisions of section 24 of the tour Great Smoky Mountains National Office, 1387 S. Vinnell Way, Boise, Federal Power Act, 160.78 acres Park on May 21, and will convene its Idaho 83709, 208–373–3867. withdrawn by an Executive Order business meeting on May 22 and 23 in By virtue of the authority vested in which established Bureau of Land the Banquet Room of Calhoun’s the Secretary of the Interior by Section Management Power Site Classification Restaurant, 1004 Parkway, Gatlinburg, 204 of the Federal Land Policy and No. 93. This action will allow for Tennessee 37738.
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The Board will convene from 8:30 Washington, DC 20240. Written GEORGIA a.m., until 5 p.m., on May 22 and 23. comments should be submitted by May Baker County The Board will consider procedural 18, 2001. matters relative to completing its study Notchaway Baptist Church and Cemetery, Jct. Carol D. Shull, of GA 91 amd GA 253, Newton, 01000534 of the future of the National Park Service and the National Park System. Keeper of the National Register of Historic Coweta County Places. National Historic Landmark Oak Grove Plantation, 4537 N US 29, nominations will be considered by the ARIZONA Newnan, 01000535 Board during the morning session on Maricopa County IDAHO May 22. Phoenix Indian School Historic District, 300 Idaho County The Board may be addressed at E. Indian School Rd., Phoenix, 01000521 various times by officials of the National Elk City Wagon Road-Victory Gulch—Smith Park Service and the Department of the ARKANSAS Grade Segment, Nez Perce National Forest, Interior; and other miscellaneous topics Nevada County Elk City, 01000536 and reports may be covered. The order Allen Tire Company and Gas Station, KANSAS of the agenda may be changed, if (Arkansas Highway History and necessary, to accommodate travel Architecture MPS) 228 1st St., SW, Dickinson County schedules or for other reasons. Prescott, 01000523 First Presbyterian Church of Abilene, 300 N. The Board meeting will be open to the Ouachita County Mulberry St., Abilene, 01000540 public. Space and facilities to Hotel Sunflower, 409 NW 3rd St., Abilene, accommodate the public are limited and Harvey’s Grocery and Texaco Station, 01000539 attendees will be accommodated on a (Arkansas Highway History and St. John’s Episcopal Church, 519 N. Buckeye Architecture MPS) 3241 AR 24, Camden, Ave., Abilene, 01000537 first-come basis. Anyone may file with 01000524 the Board a written statement United Building, 300 N. Cedar St., Abilene, concerning matters to be discussed. The Union County 01000538 Board may also permit attendees to Griffin Auto Company Building, (Arkansas KENTUCKY address the Board, but may restrict the Highway History and Architecture MPS) length of the presentations, as necessary 117 E. Locust St., El Dorado, 01000525 Greenup County to allow the Board to complete its CALIFORNIA General U.S. Grant Bridge, Ohio R.- agenda within the allotted time. Chillicothe and Second St., South Anyone who wishes further San Francisco County Portsmouth, 01000560 Camera Obscura, 1096 Point Lobos Ave., San information concerning the meeting, or MASSACHUSETTS who wishes to submit a written Francisco, 01000522 Worcester County statement, may contact Mr. Loran FLORIDA Fraser, Office of Policy, National Park Sutton Center Historic District, Roughly Service, 1849 C Street, NW, Bay County Boston Rd., Singletary Ave., and Uxbridge Washington, DC 20240 (telephone 202– SS Tarpon (Shipwreck), 7.8 nautical mi. Rd., Sutton, 01000541 offshore Panama City, Panama City, 208–7456). MISSOURI Draft minutes of the meeting will be 01000527 available for public inspection about 12 Broward County Boone County weeks after the meeting, in room 2414, SS Copenhagen (shipwreck), Pompano Drop- Taylor, John N. and Elizabeth, House, 716 W Main Interior Building, 1849 C Street, Off S of Hillsboro Inlet, Pompano Beach, Broadway, Columbia, 01000546 NW., Washington, DC. 01000532 Callaway County Dated: April 17, 2001. Dixie County Robnett—Payne House, 223 E Fifth St., Shirley Sears Smith, City of Hawkinsville (shipwreck), Suwannee Fulton, 01000543 Committee Management Officer, National R. 100 yds S of Old Town RR trestle, Old St. Louis Independent City Park Service. Town, 01000533 Mississippi Valley Trust Company Building, [FR Doc. 01–11133 Filed 5–2–01; 8:45 am] 401 Pine St., St. Louis (Independent City), Escambia County 01000544 BILLING CODE 4310–70–U USS Massachusetts—BB–2 (shipwreck), 1. St. Louis Theatre, 718 N. Grand Blvd., St. mi. SSW of Pensacola Pass, Pensacola, Louis (Independent City), 01000545 01000528 DEPARTMENT OF THE INTERIOR NEW YORK Miami-Dade County Cattaraugus County National Park Service Half Moon (shipwreck), Outside Bear Cut off Key Biscayne, Miami, 01000531 Bank of Gowanda, 8 W. Main St., Gowanda, National Register of Historic Places; 01000553 Notification of Pending Nominations Monroe County Erie County San Pedro (shipwreck), 1.25 mi. S of Indian Nominations for the following Keys, Islamorada, 01000530 Engine House No. 28, 1170 Lovejoy St., properties being considered for listing Buffalo, 01000554 in the National Register were received Palm Beach County New York County by the National Park Service before Old Lucerne Historic Residential District, April 21, 2001. Pursuant to § 60.13 of 36 Roughly along N. Lakeside Dr., N. Germania Life Insurance Company Building, CFR Part 60 written comments Palmway St., and N. O St., from Lake Ave. 50 Union Sq. E, New York, 01000556 to 7th Ave. N, Lake Worth, 01000526 concerning the significance of these Oswego County properties under the National Register St. Lucie County Montcalm Park Historic District, Roughly criteria for evaluation may be forwarded Urca De Luca (shipwreck), 200 yds offshore Montcalm St., W 6th St., W. Schuyler St., to the National Register, National Park Jack Island Park, N of Ft. Pierce Inlet, Ft. and Bronson St., vic. of Montcalm Park, Service, 1849 C St. NW., NC400, Pierce, 01000529 Oswego, 01000555
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Queens County Graves Protection and Repatriation Act objects are 20OT04/1992–1993, St. Matthew’s Episcopal Church, 85–45 96th (NAGPRA), 43 CFR 10.9, of the 20OT04/7.16.96, 20OT04/3.27.97, St., Woodhaven, 01000550 completion of an inventory of human 20OT04/12.97.1–8, and 20OT04/ Wyckoff—Snediker Family Cemetery, 85–45 remains and associated funerary objects 9.24.98. 96th St., Woodhaven, 01000549 in the possession of Grand Valley State Unassociated funerary objects from Rensselaer County University, Allendale, MI. the Battle Point site in the possession of This notice is published as part of the the Grand Valley State University are Elmbrook Farm, 2567 Brookview Rd., Schodack, 01000551 National Park Service’s administrative reported in a separate Notice of Intent responsibilities under NAGPRA, 43 CFR to Repatriate. Schuyler County 10.2 (c). The determinations within this The Battle Point site is a multi- First Presbyterian Church of Hector, 5519 NY notice are the sole responsibility of the component site consisting of habitation 414, Hector, 01000547 museum that has control of these Native dating to circa A. D. 200–1300, and a Steuben County American human remains and cemetery dating to the mid-19th associated funerary objects. The century. Associated funerary objects St. Ann’s Federation Building, 38 Broadway, date the burials to circa 1800–1840. Hornell, 01000552 National Park Service is not responsible for the determinations within this Excavation notes, spatial analyses, and Westchester County notice. other studies demonstrate that the Caramoor, 149–181 Girdle Ridge Rd., A detailed assessment of the human cemetery intrudes into habitation Bedford, 01000548 remains was made by Grand Valley deposits dating to pre-European contact NORTH CAROLINA State University professional staff in and that do not include a mortuary consultation with representatives of the component. Dare County Little River Band of Ottawa Indians of Historic documentation indicates that Ballance, Ellsworth and Lovie, House, E side Michigan. a Native American cemetery associated M.V. Australia Ln., 0.1 mi. S of Stowe In 1971–1972, human remains with the Little River Band of Ottawa Landing Rd., Hatteras, 01000558 representing a minimum of 17 Indians of Michigan was located at the Wake County individuals were removed from Battle Point site in the mid-19th individual burials during excavations at century. An abstract of land title dated Caraleigh Mills, 421 Maywood Ave., Raleigh, 01000557 the Battle Point site (20OT4), Crockery to 1846 identifies an association Township, Ottawa County, MI, by between members of the Little River OHIO Grand Valley State University staff Dr. Band of Ottawa Indians of Michigan and Hamilton County Richard Flanders. Human remains the plot on which the cemetery is Cincinnati and Whitewater Canal Tunnel, representing a minimum of an located. The cemetery is specifically Parallel to Miami Ave., jct. of Wamsley and additional nine individuals were mentioned in a 1864 land transaction as Miami Ave., Cleves, 01000562 removed from disturbed contexts in the associated with the Little River Band of same area of the site. No known Ottawa Indians of Michigan. On the Logan County individuals were identified. The 8,413 basis of historical and oral historical Schine’s Holland Theatre, 125 E. Columbus associated funerary objects include iron information, the Battle Point site St., Bellefontaine, 01000561 buckets; clay pipes; glass beads; and cemetery is determined to be culturally Scioto County silver ornaments including gorgets, affiliated with the Little River Band of General U.S. Grant Bridge, Ohio R.- tinklers, and brooches. The catalog Ottawa Indians of Michigan. Chillicothe and Second St., Portsmouth, numbers for these associated funerary Based on the above-mentioned 01000559 objects are 2016, 2025, 2026, 2028– information, officials of the Grand 2030, 2056–2063, and 2079–2082. Valley State University have determined Summit County Between 1980 and 1990, human that, pursuant to 43 CFR 10.2 (d)(1), the Copley Depot, 3772 Copley Rd., Copley, remains representing a minimum of human remains listed above represent 01000563 nine individuals were removed from the the physical remains of 41 individuals WISCONSIN Battle Point site by Grand Valley State of Native American ancestry. Officials of University staff. These remains were the Grand Valley State University also Lafayette County exposed through erosion of the Battle have determined that, pursuant to 43 Mottley Family Farmstead, 21496 Ivey Rd., Point site by the Grand River. No known CFR 10.2 (d)(2), the 8,622 objects listed Willow Springs, 01000564 individuals were identified. The 60 above are reasonably believed to have [FR Doc. 01–11132 Filed 5–2–01; 8:45 am] associated funerary objects include been placed with or near individual BILLING CODE 4310–70–U silver ornaments, strike-a-lights, bucket human remains at the time of death or fragments, a knife blade, pieces of wood, later as part of the death rite or and fabric. The catalog number for these ceremony. Lastly, officials of the Grand DEPARTMENT OF THE INTERIOR associated funerary objects is 9010. Valley State University have determined Between 1990 and 1998, human that, pursuant to 43 CFR 10.2 (e), there National Park Service remains representing a minimum of 15 is a relationship of shared group individuals were removed from the identity that can be reasonably traced Notice of Inventory Completion for Battle Point site by Grand Valley State between these Native American human Native American Human Remains and University staff; Ottawa County, MI, remains and associated funerary objects Associated Funerary Objects in the Sheriff’s Department staff; and the and the Little River Band of Ottawa Possession of Grand Valley State Office of the State Archaeologist of Indians of Michigan. University, Allendale, MI Michigan. The remains were exposed as This notice has been sent to officials AGENCY: National Park Service, Interior. a result of erosion of the site by the of the Grand Traverse Band of Ottawa ACTION: Notice. Grand River. The 149 associated and Chippewa Indians of Michigan, the funerary objects are a metal trade ax, Little Traverse Bay Bands of Odawa Notice is hereby given in accordance wood, nails, and a bucket. The catalog Indians of Michigan, the Little River with provisions of the Native American numbers for these associated funerary Band of Ottawa Indians of Michigan,
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and the Grand River Bands of Ottawa 2016, 2018–2024, 2031–2035, 2039– cultural items and the Little River Band Indians (a non-Federally recognized 2040, 2042–2047, 2053–2055, 2065– of Ottawa Indians of Michigan. group). Representatives of any other 2066, 2068–2071, and 2073. This notice has been sent to officials Indian tribe that believes itself to be In 1988, students and staff of Grand of the Grand Traverse Band of Ottawa culturally affiliated with these human Valley State University removed 101 and Chippewa Indians of Michigan, the remains and associated funerary objects unassociated funerary objects from the Little Traverse Bay Bands of Odawa should contact Janet G. Brashler, Battle Point site during surface survey of Indians of Michigan, the Little River Professor and Curator of Anthropology, the area. The unassociated funerary Band of Ottawa Indians of Michigan and Grand Valley State University, objects include beads, silver ornaments, to the Grand River Bands of Ottawa Allendale, MI 49401, telephone (616) tinkle cones, bucket fragments, wood, Indians, a non-Federally recognized 854–3694, before June 4, 2001. nails, a kaolin pipe fragment, and a group. Representatives of any other Repatriation of the human remains and button. The catalog numbers of these Indian tribe that believes itself to be associated funerary objects to the Little unassociated funerary objects are 2000, culturally affiliated with these cultural River Band of Ottawa Indians may begin 20OT04/1988/, and 20OT04/00. items should contact Janet G. Brashler, after that date if no additional claimants The Battle Point site is a multi- Professor and Curator of Anthropology, come forward. component site consisting of habitation Grand Valley State University, dating to circa A.D. 200–1300, and a Dated: April 16, 2001. Allendale, MI 49401, telephone (616) cemetery dating to the mid-19th 854–3694, before June 4, 2001. John Robbins, century. Associated funerary objects Repatriation of these cultural items to Assistant Director, Cultural Resources date the burials to circa 1800–1840. the Little River Band of Ottawa Indians Stewardship and Partnerships. Excavation notes, spatial analyses, and may begin after that date if no [FR Doc. 01–11144 Filed 5–2–01; 8:45 am] other studies demonstrate that the additional claimants come forward. BILLING CODE 4310–70–F cemetery intrudes into habitation deposits that date to pre-European Dated: April 16, 2001. contact and that do not include a John Robbins, DEPARTMENT OF THE INTERIOR mortuary component. All Euro- Assistant Director, Cultural Resources American objects dating to the 19th Stewardship and Partnerships. National Park Service century, therefore, are reasonably [FR Doc. 01–11145 Filed 5–2–01; 8:45 am] Notice of Intent to Repatriate Cultural assumed to be funerary objects. BILLING CODE 4310–70–F Historic documentation indicates that Items in the Possession of Grand a Native American cemetery associated Valley State University, Allendale, MI with the Little River Band of Ottawa DEPARTMENT OF THE INTERIOR AGENCY: National Park Service, Interior. Indians of Michigan was located at the National Park Service ACTION: Notice. Battle Point site in the mid-19th century. An abstract of land title dated Notice of Inventory Completion for Notice is hereby given under the to 1846 identifies an association Native American Human Remains and Native American Graves Protection and between members of the Little River Associated Funerary Objects in the Repatriation Act, 43 CFR 10.10 (a)(3), of Band of Ottawa Indians of Michigan and Possession of the Milwaukee Public the intent to repatriate cultural items in the plot on which the cemetery is Museum, Milwaukee, WI the possession of the Grand Valley State located. The cemetery is specifically University, Allendale, MI, that meet the mentioned in a 1864 land transaction as AGENCY: National Park Service, Interior. definition of ‘‘unassociated funerary associated with historic Grand River ACTION: Notice. object’’ under Section 2 of the Act. Valley Bands of Ottawa Indians in This notice is published as part of the Michigan. The Little River Band of Notice is hereby given in accordance National Park Service’s administrative Ottawa Indians is the only current with provisions of the Native American responsibilities under NAGPRA, 43 CFR Federally-recognized descendent from Graves Protection and Repatriation Act 10.2 (c). The determinations within this the historic Grand River Bands of (NAGPRA), 43 CFR 10.9, of the notice are the sole responsibility of the Ottawa of Michigan. On the basis of completion of an inventory of human museum that has control of the cultural historical and oral historical remains and associated funerary objects items. The National Park Service is not information, the Battle Point site in the possession of the Milwaukee responsible for the determinations cemetery is determined to be culturally Public Museum, Milwaukee, WI. within this notice. affiliated with the Little River Band of This notice is published as part of the In 1971 and 1972, students and staff Ottawa Indians of Michigan. National Park Service’s administrative of Grand Valley State University, under Officials of the Grand Valley State responsibilities under NAGPRA, 43 CFR the direction of Dr. Richard Flanders, University have determined that, 10.2 (c). The determinations within this removed 951 unassociated funerary pursuant to 43 CFR 10.2 (d)(2)(ii), these notice are the sole responsibility of the objects from the Battle Point site 1,052 cultural items are reasonably museum, institution, or Federal agency (20OT04), Crockery Township, Ottawa believed to have been placed with or that has control of these Native County, MI. These funerary objects were near individual human remains at the American human remains and not clearly associated with specific time of death or later as part of the death associated funerary objects. The burials; however, they are typical of rite or ceremony and are believed, by a National Park Service is not responsible objects found in clear association with preponderance of the evidence, to have for the determinations within this other discrete burials on the site. The been removed from the grave of an notice. unassociated funerary objects include Native American individual. Officials of A detailed assessment of the human iron buckets; clay pipes; glass beads; the Grand Valley State University also remains was made by Milwaukee Public and silver ornaments, these including have determined that, pursuant to 43 Museum professional staff and contract gorgets, tinklers, and brooches. The CFR 10.2 (e), there is a relationship of specialists in physical anthropology in catalog numbers of these unassociated shared group identity that can be consultation with representatives of the funerary objects are 2001–2003, 2007– reasonably traced between these Forest County Potawatomi Community
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of Wisconsin Potawatomi Indians, The associated funerary objects date Repatriation of the human remains and Wisconsin. this burial to circa 1800. The date is associated funerary objects to the Forest In 1877, human remains representing consistent with historical evidence for County Potawatomi Community of one individual were removed from a Potawatomi occupation of the area. The Wisconsin Potawatomi Indians, grave (47–CT–38) on the property of J. Camp Thomas Cemetery Site is a known Wisconsin; Prairie Band of Potawatomi Berg, Rantoul, Calumet County, WI, by Potawatomi cemetery and camp utilized Indians, Kansas; Hannahville Indian H. H. Hayssen of New Holstein, WI. Mr. until the 1870s. Community, Michigan; Citizen Hayssen sold the remains and Based on cranial morphology, dental Potawatomi Nation, Oklahoma; Huron associated funerary objects to the traits, and archeological context, these Potawatomi, Inc.; and Pokagon Band of Milwaukee Public Museum in 1897. No three individuals are identified as Potawatomi Indians of Michigan may known individual was identified. The Native American. The geographical begin after that date if no additional 145 associated funerary objects include locations of the sites and dates of the claimants come forward. burials are consistent with the historic 19 copper alloy bracelets, copper alloy Dated: April 6, 2001. territory of the Potawatomi people. chains with finger rings, ear/hair John Robbins, ornaments of shell beads, thimbles, Consultation evidence provided by representatives of the Forest County Assistant Director, Cultural Resources ermine tails, glass beads, chains, coins, Stewardship and Partnerships. silver ornaments, silk and cotton Potawatomi Tribe has identified these [FR Doc. 01–11140 Filed 5–2–01; 8:45 am] clothing fragments with silver ring-and- three sites as part of the Potawatomi’s ball ornaments, German silver brooches, historic territory and verified BILLING CODE 4310–70–F glass bead edging, 2 small pocket Potawatomi occupation of the area until approximately 1900. mirrors, 20 thimbles made into hair DEPARTMENT OF THE INTERIOR ornaments, a copper alloy finger ring, Based on the above-mentioned information, officials of the Milwaukee red ochre chunks, a perforated metal National Park Service disc, shell beads, a musket ball, a Public Museum have determined that, miniature china teapot, an iron kettle, a pursuant to 43 CFR 10.2 (d)(1), the Notice of Inventory Completion for porcelain basin and pitcher, 5 cowry human remains listed above represent Native American Human Remains and shells, glass and shell beads, 6 small the physical remains of three Associated Funerary Objects in the individuals of Native American beaded bags, a kaolin pipe, and wooden Possession of the Museum of Natural ancestry. Officials of the Milwaukee matches. History and Planetarium, Roger Public Museum also have determined Historic evidence identifies the J. Berg Williams Park, Providence, RI that, pursuant to 43 CFR 10.2 (d)(2), the Farm Site as a known historic 148 objects listed above are reasonably AGENCY: National Park Service, Interior. Potawatomi cemetery. The Potawatomi believed to have been placed with or ACTION: Notice. people abandoned the area in or before near individual human remains at the 1866. The associated funerary objects time of death or later as part of the death Notice is hereby given in accordance from this burial can be dated to circa rite or ceremony. Lastly, officials of the with provisions of the Native American 1850–1866. Milwaukee Public Museum have Graves Protection and Repatriation Act At an unknown date prior to 1901, determined that, pursuant to 43 CFR (NAGPRA), 43 CFR 10.9, of the human remains representing one 10.2 (e), there is a relationship of shared completion of an inventory of human individual were removed from an group identity that can be reasonably remains and associated funerary objects unknown site in Kiel, Manitowoc traced between these Native American in the possession of the Museum of County, WI, by August Stirn. Mr. Stirn human remains and associated funerary Natural History and Planetarium, Roger donated the remains to the Milwaukee objects and the Forest County Williams Park, Providence, RI. Public Museum in 1901. No known Potawatomi Community of Wisconsin This notice is published as part of the individual was identified. No associated Potawatomi Indians, Wisconsin; Prairie National Park Service’s administrative funerary objects are present. Band of Potawatomi Indians, Kansas; responsibilities under NAGPRA, 43 CFR The degree of preservation of this Hannahville Indian Community, 10.2 (c). The determinations within this individual’s hair suggests that burial Michigan; Citizen Potawatomi Nation, notice are the sole responsibility of the occurred during the half-century prior Oklahoma; Huron Potawatomi, Inc.; and museum, institution, or Federal agency to disinterment. Geographic location of Pokagon Band of Potawatomi Indians of that has control of these Native the burial is consistent with the Michigan. American human remains and historically documented territory of the This notice has been sent to officials associated funerary objects. The Potawatomi in the late 19th century. of the Forest County Potawatomi National Park Service is not responsible In 1916, human remains representing Community of Wisconsin Potawatomi for the determinations within this one individual were removed from the Indians, Wisconsin; Prairie Band of notice. Camp Thomas Cemetery Site (47–WK– Potawatomi Indians, Kansas; A detailed assessment of the human 71) on the Ralph Holtz Farm, Muskego, Hannahville Indian Community, remains was made by Museum of Waukesha County, WI, by Rudolph Michigan; Citizen Potawatomi Nation, Natural History and Planetarium Boettger. Mr. Boettger sold the human Oklahoma; Huron Potawatomi, Inc.; and professional staff in consultation with remains and two associated funerary Pokagon Band of Potawatomi Indians of representatives of the Narragansett objects to the Milwaukee Public Michigan. Representatives of any other Indian Tribe of Rhode Island and the Museum in 1922. He donated an Indian tribe that believes itself to be Wampanoag Repatriation Confederation, additional associated funerary object to culturally affiliated with these human representing the Wampanoag Tribe of the museum in 1947. No known remains and associated funerary objects Gay Head (Aquinnah), the Mashpee individual was identified. The three should contact Alex Barker, Wampanoag (a non-Federally associated funerary objects are a small Anthropology Section Head, Milwaukee recognized Indian group), and the copper alloy bucket, a small wooden Public Museum, 800 West Wells Street, Assonet Band of the Wampanoag Nation bowl with projecting animal effigy tab, Milwaukee, WI 53233, telephone (414) (a non-Federally recognized Indian and an iron knife blade. 278–2786, before June 4, 2001. group).
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In 1899, human remains representing Island and the Wampanoag Repatriation known individuals were identified. one individual were recovered from Confederation, representing the Museum documentation indicates that Jamestown, RI, by James H. Clarke and Wampanoag Tribe of Gay Head ‘‘curios’’ were found with these human donated to the Museum of Natural (Aquinnah), the Mashpee Wampanoag remains, and were transferred in 1913 to History and Planetarium. No known (a non-Federally recognized Indian the Heye Foundation (now the National individual was identified. The two group), and the Assonet Band of the Museum of the American Indian) as part associated funerary objects are an iron Wampanoag Nation (a non-Federally of an exchange. No associated funerary axe fragment and an animal bone recognized Indian group). objects are now present in the fragment. In 1927, human remains representing collections of the Museum of Natural Based on red ochre and copper one individual were recovered from History and Planetarium. staining on the human remains, this London Street, East Greenwich, RI, and Based on skeletal morphology and individual has been determined to be donated to the Museum of Natural extensive copper staining, these Native American from the contact History and Planetarium by W.E. Crease. individuals have been identified as period. Based on physical evidence and No known individual was identified. No Native American from the 17th century. geographic/provenience information, associated funerary objects are present. Based on physical evidence, this individual has been determined to Accession information states these consultation with tribal representatives, be culturally affiliated with the human remains were ‘‘dug up on and geographic/provenience Narragansett Indian Tribe of Rhode London Street, 10 feet deep.’’ Based on information, these individuals have Island and the Wampanoag Repatriation museum documentation and physical been determined to be culturally Confederation, representing the evidence, this individual has been affiliated with the Narragansett Indian Wampanoag Tribe of Gay Head identified as Native American. Based on Tribe of Rhode Island and the (Aquinnah), the Mashpee Wampanoag physical evidence and geographic/ Wampanoag Repatriation Confederation, (a non-Federally recognized Indian provenience information, this representing the Wampanoag Tribe of group), and the Assonet Band of the individual has been determined to be Gay Head (Aquinnah), the Mashpee Wampanoag Nation (a non-Federally culturally affiliated with the Wampanoag (a non-Federally recognized Indian group). Narragansett Indian Tribe of Rhode recognized Indian group), and the Before May 1939, human remains Island and the Wampanoag Repatriation Assonet Band of the Wampanoag Nation representing two individuals were Confederation, representing the (a non-Federally recognized Indian recovered from Old Warwick, near Wampanoag Tribe of Gay Head group). Wharf Road, East Greenwich, RI, by (Aquinnah), the Mashpee Wampanoag In 1894, human remains representing Lincoln C. Bateson, who donated these (a non-Federally recognized Indian one individual were recovered from human remains to the Museum of group), and the Assonet Band of the Jamestown, RI, by A.T. Vaughn of the Natural History and Planetarium in May Wampanoag Nation (a non-Federally Antiquarian Society of Warren, RI. In 1939. No known individuals were recognized Indian group). 1900, these human remains were identified. No associated funerary In 1936, human remains representing donated by Mr. Vaughn to the Museum objects are present. one individual were recovered from of Natural History and Planetarium. No Based on museum documentation and Melrose Street, West Ferry site, known individual was identified. The physical evidence, these individuals Jamestown, RI, by Roy Johnson, Louis four associated funerary objects are have been identified as Native Watson, and others. In 1937, these fragments of bark, hair, iron, and cloth American. Based on physical evidence human remains were donated to the that are adhered to the human remains. and geographic/provenience Museum of Natural History and Based on skeletal morphology and information, these individuals have Planetarium by Mr. Johnson. No known extensive copper staining, this been determined to be culturally individual was identified. The one individual has been identified as Native affiliated with the Narragansett Indian associated funerary object is a blanket American from the contact or proto- Tribe of Rhode Island and the fragment. historic period. Based on physical Wampanoag Repatriation Confederation, Based on museum documentation and evidence, consultation with tribal representing the Wampanoag Tribe of physical evidence, this individual has representatives, and geographic/ Gay Head (Aquinnah), the Mashpee been identified as Native American. provenience information, this Wampanoag (a non-Federally Based on physical evidence, individual has been determined to be recognized Indian group), and the consultation with tribal representatives, culturally affiliated with the Assonet Band of the Wampanoag Nation and geographic/provenience Narragansett Indian Tribe of Rhode (a non-Federally recognized Indian information, this individual has been Island and the Wampanoag Repatriation group). determined to be culturally affiliated Confederation, representing the In 1854, human remains representing with the Narragansett Indian Tribe of Wampanoag Tribe of Gay Head one individual were recovered from the Rhode Island and the Wampanoag (Aquinnah), the Mashpee Wampanoag Stone Bridge Inn site (RI 1947), Repatriation Confederation, (a non-Federally recognized Indian Tiverton, RI, by person(s) unknown, and representing the Wampanoag Tribe of group), and the Assonet Band of the donated to the Museum of Natural Gay Head (Aquinnah), the Mashpee Wampanoag Nation (a non-Federally History and Planetarium in 1903. No Wampanoag (a non-Federally recognized Indian group). known individual was identified. No recognized Indian group), and the Based on the above-mentioned associated funerary objects are present. Assonet Band of the Wampanoag Nation information, officials of the Museum of Based on museum documentation and (a non-Federally recognized Indian Natural History and Planetarium have physical evidence, this individual has group). determined that, pursuant to 43 CFR been identified as Native American. In 1894, human remains representing 10.2 (d)(1), the human remains listed Based on physical evidence and three individuals were recovered from above represent the physical remains of geographic/provenience information, the Burr’s Hill Burial Ground, Warren, 10 individuals of Native American this individual has been determined to RI, by A.T. Vaughn, who donated these ancestry. Officials of the Museum of be culturally affiliated with the remains to the Museum of Natural Natural History and Planetarium also Narragansett Indian Tribe of Rhode History and Planetarium in 1900. No have determined that, pursuant to 43
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CFR 10.2 (d)(2), the seven objects listed DEPARTMENT OF THE INTERIOR listed above represent the physical above are reasonably believed to have remains of one individual of Native been placed with or near individual National Park Service American ancestry. Officials of the human remains at the time of death or National Museum of Health and Notice of Inventory Completion for later as part of the death rite or Medicine, Armed Forces Institute of Native American Human Remains and ceremony. Lastly, officials of the Pathology also have determined that, Associated Funerary Objects in the Museum of Natural History and pursuant to 43 CFR 10.2 (e), there is a Possession of the U.S. Department of relationship of shared group identity Planetarium have determined that, Defense, National Museum of Health pursuant to 43 CFR 10.2 (e), there is a that can be reasonably traced between and Medicine, Armed Forces Institute these Native American human remains relationship of shared group identity of Pathology, Washington, DC that can be reasonably traced between and the Tonkawa Tribe of Indians of these Native American human remains AGENCY: National Park Service, Interior. Oklahoma. This notice has been sent to officials ACTION: and associated funerary objects and the Notice. of the Tonkawa Tribe of Indians of Narragansett Indian Tribe of Rhode Oklahoma. Representatives of any other Island and the Wampanoag Repatriation Notice is hereby given in accordance with provisions of the Native American Indian tribe that believes itself to be Confederation, representing the culturally affiliated with these human Wampanoag Tribe of Gay Head Graves Protection and Repatriation Act (NAGPRA), 43 CFR 10.9, of the remains should contact Lenore Barbian, (Aquinnah), the Mashpee Wampanoag completion of an inventory of human Ph.D., Assistant Curator, Anatomical (a non-Federally recognized Indian remains and associated funerary objects Collections, National Museum of Health group), and the Assonet Band of the in the possession of the U.S. Department and Medicine, Armed Forces Institute of Wampanoag Nation (a non-Federally of Defense, National Museum of Health Pathology, Walter Reed Army Medical recognized Indian group). This notice and Medicine, Armed Forces Institute of Center, Building 54, Washington, DC has been sent to officials of the Pathology (formerly the Army Medical 20306–6000, telephone (202) 782–2203, Narragansett Indian Tribe of Rhode Museum), Washington, DC. before June 4, 2001. Repatriation of the Island and the Wampanoag Repatriation This notice is published as part of the human remains to the Tonkawa Tribe of Confederation, representing the National Park Service’s administrative Indians of Oklahoma may begin after Wampanoag Tribe of Gay Head responsibilities under NAGPRA, 43 CFR that date if no additional claimants (Aquinnah), the Mashpee Wampanoag 10.2 (c). The determinations within this come forward. (a non-Federally recognized Indian notice are the sole responsibility of the Dated: April 11, 2001. group), and the Assonet Band of the museum, institution, or Federal agency John Robbins, Wampanoag Nation (a non-Federally that has control of these Native Assistant Director, Cultural Resources recognized Indian group). American human remains and Stewardship and Partnerships. Representatives of any other Indian tribe associated funerary objects. The [FR Doc. 01–11136 Filed 5–2–01; 8:45 am] that believes itself to be culturally National Park Service is not responsible BILLING CODE 4310–70–F affiliated with these human remains and for the determinations within this associated funerary objects should notice. contact Marilyn Massaro, Curator of A detailed assessment of the human DEPARTMENT OF THE INTERIOR Collections, Museum of Natural History remains was made by National Museum and Planetarium, Roger Williams Park, of Health and Medicine, Armed Forces National Park Service Providence, RI 02905, telephone (401) Institute of Pathology professional staff in consultation with representatives of Notice of Inventory Completion for 785–9457, before June 4, 2001. Native American Human Remains and Repatriation of the human remains and the Tonkawa Tribe of Indians of Oklahoma. Associated Funerary Objects in the associated funerary objects to the In 1868, human remains representing Possession of the U.S. Department of Narragansett Indian Tribe of Rhode one individual were collected near Fort Defense, National Museum of Health Island and the Wampanoag Repatriation Cobb in Washita River, Caddo County, and Medicine, Armed Forces Institute Confederation, representing the OK, by Dr. Palmer of the Smithsonian of Pathology, Washington, DC Wampanoag Tribe of Gay Head Institution. In 1869, the remains were AGENCY: National Park Service, Interior. (Aquinnah), the Mashpee Wampanoag transferred to the National Museum of ACTION: Notice. (a non-Federally recognized Indian Health and Medicine, Armed Forces group), and the Assonet Band of the Institute of Pathology. No known Notice is hereby given in accordance Wampanoag Nation (a non-Federally individual was identified. No associated with provisions of the Native American recognized Indian group) may begin funerary objects are present. Graves Protection and Repatriation Act after that date if no additional claimants A logbook entry from the Smithsonian (NAGPRA), 43 CFR 10.9, of the come forward. Institution indicates that the remains are completion of an inventory of human Dated: April 11, 2001. of a female Tonkawa Indian ‘‘massacred remains and associated funerary objects by Indian with tomahawk.’’ Biological John Robbins, in the possession of the U.S. Department evidence is consistent with the logbook of Defense, National Museum of Health Assistant Director, Cultural Resources entry. The Army Medical Museum and Medicine, Armed Forces Institute of Stewardship and Partnerships. accession records also indicate that the Pathology (formerly the Army Medical [FR Doc. 01–11141 Filed 5–2–01; 8:45 am] individual is a Tonkawa Indian. Museum), Washington, DC. BILLING CODE 4310–70–F Based on the above-mentioned This notice is published as part of the information, officials of the National National Park Service’s administrative Museum of Health and Medicine, responsibilities under NAGPRA, 43 CFR Armed Forces Institute of Pathology 10.2 (c). The determinations within this have determined that, pursuant to 43 notice are the sole responsibility of the CFR 10.2 (d)(1), the human remains museum, institution, or Federal agency
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that has control of these Native American ancestry. Officials of the American human remains and American human remains and National Museum of Health and associated funerary objects. The associated funerary objects. The Medicine, Armed Forces Institute of National Park Service is not responsible National Park Service is not responsible Pathology also have determined that, for the determinations within this for the determinations within this pursuant to 43 CFR 10.2 (e), there is a notice. notice. relationship of shared group identity A detailed assessment of the human A detailed assessment of the human that can be reasonably traced between remains was made by National Museum remains was made by National Museum these Native American human remains of Health and Medicine, Armed Forces of Health and Medicine, Armed Forces and the Blackfeet Tribe of the Blackfeet Institute of Pathology professional staff Institute of Pathology professional staff Indian Reservation of Montana. in consultation with representatives of in consultation with representatives of This notice has been sent to officials the Kaw Nation, Oklahoma. Blackfeet Tribe of the Blackfeet Indian of the Blackfeet Tribe of the Blackfeet Reservation of Montana. Indian Reservation of Montana. In 1868, human remains representing In 1873, human remains representing Representatives of any other Indian tribe one individual were sent to the National one individual were sent to the National that believes itself to be culturally Museum of Health and Medicine, Museum of Health and Medicine, affiliated with these human remains Armed Forces Institute of Pathology by Armed Forces Institute of Pathology by should contact Lenore Barbian, Ph.D., U.S. Army Surgeon B. E. Fryer of Fort U.S. Army Assistant Surgeon John D. Assistant Curator, Anatomical Harker, KS. The individual was Hall of Fort Benton, Chouteau County, Collections, National Museum of Health wounded in 1867 near Fort Zara, Barton MT. In 1872, the individual received a and Medicine, Armed Forces Institute of County, KS, and later died at Fort leg wound in battle with Crow Indians, Pathology, Walter Reed Army Medical Harker. No known individual was and traveled to Fort Benton where the Center, Building 54, Washington, DC identified. No associated funerary injured leg was amputated by Assistant 20306–6000, telephone (202) 782–2203, objects are present. Surgeon Hall. The individual is before June 4, 2001. Repatriation of the Based on accession records of the identified as Nap-pan-na-qua (also human remains to the Blackfeet Tribe of National Museum of Health and noted in the accession records as the Blackfeet Indian Reservation of Medicine, Armed Forces Institute of ‘‘White Man’’). No associated funerary Montana may begin after that date if no Pathology, the individual has been objects are present. additional claimants come forward. determined to be Native American. In 1869, human remains representing Accession records also indicate that the Dated: April 11, 2001. one individual were collected from individual was a Kaw male who was Three Buttes, MT, by U.S. Army John Robbins, wounded in a fight with the Cheyenne, Assistant Surgeon Elliot Coues. The Assistant Director, Cultural Resources and died 20 days later. Biological individual was killed by Assiniboin Stewardship and Partnerships. evidence of the individual’s injury is Indians at Three Buttes. Also in 1869, [FR Doc. 01–11138 Filed 5–2–01; 8:45 am] consistent with the accession file Assistant Surgeon Coues sent the BILLING CODE 4310–70–F information. remains to the Smithsonian Institution. Based on the above-mentioned In 1874, the remains were transferred information, officials of the National from the Smithsonian Institution to the DEPARTMENT OF THE INTERIOR Museum of Health and Medicine, National Museum of Health and Medicine, Armed Forces Institute of National Park Service Armed Forces Institute of Pathology Pathology. No known individual was have determined that, pursuant to 43 Notice of Inventory Completion for identified. No associated funerary CFR 10.2 (d)(1), the human remains Native American Human Remains and objects are present. listed above represent the physical Based on accession records of the Associated Funerary Objects in the remains of one individual of Native National Museum of Health and Possession of the U.S. Department of American ancestry. Officials of the Medicine, Armed Forces Institute of Defense, National Museum of Health National Museum of Health and Pathology, the individuals have been and Medicine, Armed Forces Institute Medicine, Armed Forces Institute of determined to be Native American. of Pathology, Washington, DC Pathology also have determined that, pursuant to 43 CFR 10.2 (e), there is a Accession records also indicate that the AGENCY: National Park Service, Interior. relationship of shared group identity individuals were Peigan Indian males. ACTION: Notice. Biological evidence of the individuals’ that can be reasonably traced between injuries is consistent with the accession Notice is hereby given in accordance these Native American human remains file information. Historically, the Piegan with provisions of the Native American and the Kaw Nation, Oklahoma. were a constituent band of the Blackfeet Graves Protection and Repatriation Act This notice has been sent to officials which are now recognized as the (NAGPRA), 43 CFR 10.9, of the of the Kaw Nation, Oklahoma. Blackfeet Tribe of the Blackfeet Indian completion of an inventory of human Representatives of any other Indian tribe Reservation of Montana. To date, remains and associated funerary objects that believes itself to be culturally consultation with the Blackfeet Tribe of in the possession of the U.S. Department affiliated with these human remains the Blackfeet Indian Reservation of of Defense, National Museum of Health should contact Lenore Barbian, Ph.D., Montana has not identified a lineal and Medicine, Armed Forces Institute of Assistant Curator, Anatomical descendent. Pathology (formerly the Army Medical Collections, National Museum of Health Based on the above-mentioned Museum), Washington, DC. and Medicine, Armed Forces Institute of information, officials of the National This notice is published as part of the Pathology, Walter Reed Army Medical Museum of Health and Medicine, National Park Service’s administrative Center, Building 54, Washington, DC Armed Forces Institute of Pathology responsibilities under NAGPRA, 43 CFR 20306–6000, telephone (202) 782–2203, have determined that, pursuant to 43 10.2 (c). The determinations within this before June 4, 2001. Repatriation of the CFR 10.2 (d)(1), the human remains notice are the sole responsibility of the human remains to the Kaw Nation, listed above represent the physical museum, institution, or Federal agency Oklahoma may begin after that date if remains of two individuals of Native that has control of these Native no additional claimants come forward.
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Dated: April 11, 2001. indicate that the remains were culturally affiliated with these human John Robbins, identified by the Charles H. Ward remains should contact Lenore Barbian, Assistant Director, Cultural Resources Company as an adult female Seneca Ph.D., Assistant Curator, Anatomical Stewardship and Partnerships. Indian. Historical information indicates Collections, National Museum of Health [FR Doc. 01–11139 Filed 5–2–01; 8:45 am] that the Buffalo Creek Mission and Medicine, Armed Forces Institute of BILLING CODE 4310–70–F Cemetery, from which the remains were Pathology, Walter Reed Army Medical obtained, was located in Erie County, Center, Building 54, Washington, DC NY. Historical records from the Indian 20306–6000, telephone (202) 782–2203, DEPARTMENT OF THE INTERIOR Claims Commission places the Seneca before June 4, 2001. Repatriation of the in an area that includes Erie County, human remains and associated funerary National Park Service NY. objects to the Seneca Nation of New Prior to 1914, human remains York, Seneca-Cayuga Tribe of Notice of Inventory Completion for representing one individual were Oklahoma, and Tonowanda Band of Native American Human Remains and collected from the farm of George Marsh Seneca Indians of New York may begin Associated Funerary Objects in the approximately 5 miles from Possession of the U.S. Department of after that date if no additional claimants Canandaigua, Ontario County, NY, by come forward. Defense, National Museum of Health George G. Heye of the Heye Foundation. and Medicine, Armed Forces Institute In 1914, Mr. Heye donated the remains Dated: April 11, 2001. of Pathology, Washington, DC to the Smithsonian Institution. In 1915, John Robbins, Assistant Director, Cultural Resources AGENCY: National Park Service, Interior. the remains were transferred to the Stewardship and Partnerships. ACTION: Notice. National Museum of Heath and Medicine, Armed Forces Institute of [FR Doc. 01–11137 Filed 5–2–01; 8:45 am] Notice is hereby given in accordance Pathology. No known individual was BILLING CODE 4310–70–F with provisions of the Native American identified. No associated funerary Graves Protection and Repatriation Act objects are present. (NAGPRA), 43 CFR 10.9, of the Based on the geographic location DEPARTMENT OF THE INTERIOR completion of an inventory of human where these human remains were National Park Service remains and associated funerary objects found, this individual has been in the possession of the U.S. Department identified as Native American. Notice of Inventory Completion for of Defense, National Museum of Health Archeological information indicates that Native American Human Remains and and Medicine, Armed Forces Institute of the Marsh farm site was an eastern Associated Funerary Objects in the Pathology (formerly the Army Medical Seneca village site dating from 1650– Possession of the U.S. Department of Museum), Washington, DC. 1670. Biological information indicates Defense, National Museum of Health This notice is published as part of the that these human remains are most and Medicine, Armed Forces Institute National Park Service’s administrative likely of an adult individual of of Pathology, Washington, DC responsibilities under NAGPRA, 43 CFR unknown sex. Based on geographical 10.2 (c). The determinations within this evidence and on archeological expert AGENCY: National Park Service, Interior. notice are the sole responsibility of the opinion, these human remains are most museum, institution, or Federal agency likely culturally affiliated with the ACTION: Notice. that has control of these Native Seneca Nation of New York, Seneca- Notice is hereby given in accordance American human remains and Cayuga Tribe of Oklahoma, and with provisions of the Native American associated funerary objects. The Tonowanda Band of Seneca Indians of Graves Protection and Repatriation Act National Park Service is not responsible New York. (NAGPRA), 43 CFR 10.9, of the for the determinations within this Based on the above-mentioned completion of an inventory of human notice. information, officials of the National A detailed assessment of the human Museum of Health and Medicine, remains and associated funerary objects remains was made by National Museum Armed Forces Institute of Pathology in the possession of the U.S. Department of Health and Medicine, Armed Forces have determined that, pursuant to 43 of Defense, National Museum of Health Institute of Pathology professional staff CFR 10.2 (d)(1), the human remains and Medicine, Armed Forces Institute of in consultation with representatives of listed above represent the physical Pathology (formerly the Army Medical the Seneca Nation of New York, Seneca- remains of two individuals of Native Museum), Washington, DC. Cayuga Tribe of Oklahoma, and American ancestry. Officials of the This notice is published as part of the Tonowanda Band of Seneca Indians of National Museum of Health and National Park Service’s administrative New York. Medicine, Armed Forces Institute of responsibilities under NAGPRA, 43 CFR Prior to 1915, human remains Pathology also have determined that, 10.2 (c). The determinations within this representing one individual were pursuant to 43 CFR 10.2 (e), there is a notice are the sole responsibility of the excavated from an Indian mission relationship of shared group identity museum, institution, or Federal agency cemetery in Buffalo, Erie County, NY, that can be reasonably traced between that has control of these Native by an unknown individual. In 1915, the these Native American human remains American human remains and National Museum of Health and and the Seneca Nation of New York, associated funerary objects. The Medicine, Armed Forces Institute of Seneca-Cayuga Tribe of Oklahoma, and National Park Service is not responsible Pathology purchased the remains from Tonowanda Band of Seneca Indians of for the determinations within this the Charles H. Ward Company of New York. notice. Rochester, NY. No known individual This notice has been sent to officials A detailed assessment of the human was identified. No associated funerary of the Seneca Nation of New York, remains was made by National Museum objects are present. Seneca-Cayuga Tribe of Oklahoma, and of Health and Medicine, Armed Forces Accession records from the National Tonowanda Band of Seneca Indians of Institute of Pathology professional staff Museum of Health and Medicine, New York. Representatives of any other in consultation with representatives of Armed Forces Institute of Pathology Indian tribe that believes itself to be Comanche Indian Tribe, Oklahoma.
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In October 1875, human remains DEPARTMENT OF THE INTERIOR Mdewakanton Sioux Community of representing three individuals were sent Minnesota (Prior Lake). to the National Museum of Health and National Park Service In 1869, human remains representing Medicine, Armed Forces Institute of one individual were collected by Notice of Inventory Completion for Pathology by U.S. Army Assistant Warren King Moorehead. In 1895, Mr. Native American Human Remains and Surgeon W. H. Forwood. The Moorehead donated these human Associated Funerary Objects in the individuals were killed near Fort remains to the Robert S. Peabody Possession of the Robert S. Peabody Museum of Archaeology. No known Richardson, Jack County, TX, in May Museum of Archaeology, Andover, MA 1875. Accession records identify them individual was identified. No associated funerary objects are present. as Eath-ath Qua-ha day (Red Bear), AGENCY: National Park Service, Interior. An original card with the human Tooh-Parrah Qua-ha day (Black Bear), ACTION: Notice. remains states these human remains are Yan-eth-ohis Qua-ha day (Wife of Black those of a Sioux scout killed at Summit Notice is hereby given in accordance Bear). No associated funerary objects are Springs, SD, in 1869. Cultural affiliation with provisions of the Native American present. has been established based on the Graves Protection and Repatriation Act Accession records from the National information on this card. There is no (NAGPRA), 43 CFR 10.9, of the Museum of Health and Medicine, existing information to contradict this completion of an inventory of human finding. Armed Forces Institute of Pathology remains and associated funerary objects indicate that the remains are of Based on the above-mentioned in the possession of the Robert S. information, officials of the Robert S. Comanche Indians. Biological evidence Peabody Museum of Archaeology, of the injuries and sex of the human Peabody Museum of Archaeology have Andover, MA. determined that, pursuant to 43 CFR remains is consistent with the accession This notice is published as part of the records. To date, consultation with the 10.2 (d)(1), the human remains listed National Park Service’s administrative above represent the physical remains of Comanche Indian Tribe, Oklahoma has responsibilities under NAGPRA, 43 CFR not identified a lineal descendent. one individual of Native American 10.2 (c). The determinations within this ancestry. Officials of the Robert S. Based on the above-mentioned notice are the sole responsibility of the Peabody Museum of Archaeology also information, officials of the National museum, institution, or Federal agency have determined that, pursuant to 43 Museum of Health and Medicine, that has control of these Native CFR 10.2 (e), there is a relationship of Armed Forces Institute of Pathology American human remains and shared group identity that can be have determined that, pursuant to 43 associated funerary objects. The reasonably traced between these Native CFR 10.2 (d)(1), the human remains National Park Service is not responsible American human remains and the listed above represent the physical for the determinations within this Cheyenne River Sioux Tribe of the remains of three individuals of Native notice. Cheyenne River Reservation, South American ancestry. Officials of the A detailed assessment of the human Dakota; the Crow Creek Sioux Tribe of National Museum of Health and remains was made by Robert S. Peabody the Crow Creek Reservation, South Medicine, Armed Forces Institute of Museum of Archaeology professional Dakota; the Spirit Lake Tribe, North Pathology also have determined that, staff in consultation with Dakota; the Lower Sioux Indian pursuant to 43 CFR 10.2 (e), there is a representatives of the Cheyenne River Community of Minnesota Mdewakanton relationship of shared group identity Sioux Tribe of the Cheyenne River Sioux Indians of the Lower Sioux that can be reasonably traced between Reservation, South Dakota; the Crow Reservation in Minnesota; the Oglala these Native American human remains Creek Sioux Tribe of the Crow Creek Sioux Tribe of the Pine Ridge and the Comanche Indian Tribe, Reservation, South Dakota; the Spirit Reservation, South Dakota; the Rosebud Oklahoma. Lake Tribe, North Dakota; the Lower Sioux Tribe of the Rosebud Indian Sioux Indian Community of Minnesota Reservation, South Dakota; the Standing This notice has been sent to officials Mdewakanton Sioux Indians of the Rock Sioux Tribe of North and South of the Comanche Indian Tribe, Lower Sioux Reservation in Minnesota; Dakota; the Santee Sioux Tribe of the Oklahoma. Representatives of any other the Oglala Sioux Tribe of the Pine Ridge Santee Reservation of Nebraska; the Indian tribe that believes itself to be Reservation, South Dakota; the Rosebud Yankton Sioux Tribe of South Dakota; culturally affiliated with these human Sioux Tribe of the Rosebud Indian the Assiniboine and Sioux Tribes of the remains should contact Lenore Barbian, Reservation, South Dakota; the Standing Fort Peck Indian Reservation, Montana; Ph.D., Assistant Curator, Anatomical Rock Sioux Tribe of North and South the Prairie Island Indian Community of Collections, National Museum of Health Dakota; the Santee Sioux Tribe of the Minnesota Mdewakanton Sioux Indians and Medicine, Armed Forces Institute of Santee Reservation of Nebraska; the of the Prairie Island Reservation, Pathology, Walter Reed Army Medical Yankton Sioux Tribe of South Dakota; Minnesota; the Upper Sioux Indian Center, Building 54, Washington, DC the Assiniboine and Sioux Tribes of the Community of the Upper Sioux 20306–6000, telephone (202) 782–2203, Fort Peck Indian Reservation, Montana; Reservation, Minnesota; the Sisseton- before June 4, 2001. Repatriation of the the Prairie Island Indian Community of Wahpeton Sioux Tribe of the Lake human remains to the Comanche Indian Minnesota Mdewakanton Sioux Indians Traverse Reservation, South Dakota; the Tribe, Oklahoma may begin after that of the Prairie Island Reservation, Flandreau Santee Sioux Tribe of South date if no additional claimants come Minnesota; the Upper Sioux Indian Dakota; the Lower Brule Sioux Tribe of forward. Community of the Upper Sioux the Lower Brule Reservation, South Reservation, Minnesota; the Sisseton- Dakota; and the Shakopee Dated: April 11, 2001. Wahpeton Sioux Tribe of the Lake Mdewakanton Sioux Community of John Robbins, Traverse Reservation, South Dakota; the Minnesota (Prior Lake). This notice has Assistant Director, Cultural Resources Flandreau Santee Sioux Tribe of South been sent to officials of the Cheyenne Stewardship and Partnerships. Dakota; the Lower Brule Sioux Tribe of River Sioux Tribe of the Cheyenne River [FR Doc. 01–11135 Filed 5–2–01; 8:45 am] the Lower Brule Reservation, South Reservation, South Dakota; the Crow BILLING CODE 4310–70–F Dakota; and the Shakopee Creek Sioux Tribe of the Crow Creek
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Reservation, South Dakota; the Spirit Mdewakanton Sioux Community of Based on geographic location, Lake Tribe, North Dakota; the Lower Minnesota (Prior Lake) may begin after archeological evidence, and object Sioux Indian Community of Minnesota that date if no additional claimants types, these cultural items have been Mdewakanton Sioux Indians of the come forward. affiliated with the Cayuga Nation of Lower Sioux Reservation in Minnesota; Dated: April 18, 2001. New York. Historical evidence indicates the Oglala Sioux Tribe of the Pine Ridge John Robbins, that the Cayuga Nation of New York Reservation, South Dakota; the Rosebud Assistant Director, Cultural Resources were the aboriginal occupants of the Sioux Tribe of the Rosebud Indian Stewardship and Partnerships. areas in which the cultural items were Reservation, South Dakota; the Standing [FR Doc. 01–11142 Filed 5–2–01; 8:45 am] found. Oral history of the Cayuga Rock Sioux Tribe of North and South BILLING CODE 4310–70–F indicates that the area in which the Dakota; the Santee Sioux Tribe of the cultural items were found is within Santee Reservation of Nebraska; the their traditional territory. Yankton Sioux Tribe of South Dakota; DEPARTMENT OF THE INTERIOR the Assiniboine and Sioux Tribes of the Officials of the Tioga County Fort Peck Indian Reservation, Montana; National Park Service Historical Society have determined that, the Prairie Island Indian Community of pursuant to 43 CFR 10.2 (d)(2)(ii), these Minnesota Mdewakanton Sioux Indians Notice of Intent to Repatriate Cultural eight cultural items are reasonably of the Prairie Island Reservation, Items in the Possession of the Tioga believed to have been placed with or Minnesota; the Upper Sioux Indian County Historical Society, Owego, NY near individual human remains at the Community of the Upper Sioux time of death or later as part of the death AGENCY: National Park Service, Interior. Reservation, Minnesota; the Sisseton- rite or ceremony and are believed, by a Wahpeton Sioux Tribe of the Lake ACTION: Notice. preponderance of the evidence, to have Traverse Reservation, South Dakota; the been removed from a specific burial site Flandreau Santee Sioux Tribe of South Notice is hereby given under the of an Native American individual. Dakota; the Lower Brule Sioux Tribe of Native American Graves Protection and Officials of the Tioga County Historical the Lower Brule Reservation, South Repatriation Act, 43 CFR 10.10 (a)(3), of Society also have determined that, Dakota; and the Shakopee the intent to repatriate cultural items in pursuant to 43 CFR 10.2 (e), there is a Mdewakanton Sioux Community of the possession of the Tioga County relationship of shared group identity Historical Society, Owego, NY, that Minnesota (Prior Lake). Representatives that can be reasonably traced between meet the definition of ‘‘unassociated of any other Indian tribe that believes these items and the Cayuga Nation of funerary objects’’ under Section 2 of the itself to be culturally affiliated with New York. these human remains should contact Act. James W. Bradley, Director, Robert S. This notice is published as part of the This notice has been sent to officials Peabody Museum of Archaeology, National Park Service’s administrative of the Cayuga Nation of New York; St. Phillips Academy, Andover, MA 01810, responsibilities under NAGPRA, 43 CFR Regis Band of Mohawk Indians; Seneca telephone (978) 749–4490, before June 10.2 (c). The determinations within this Nation of New York; Oneida Nation of 4, 2001. Repatriation of the human notice are the sole responsibility of the New York; Onondaga Nation of New remains to the Cheyenne River Sioux museum, institution, or Federal agency York; Seneca-Cayuga Tribe of Tribe of the Cheyenne River that has control of these cultural items. Oklahoma; Oneida Tribe of Wisconsin; Reservation, South Dakota; the Crow The National Park Service is not Tonawanda Band of Seneca Indian of Creek Sioux Tribe of the Crow Creek responsible for the determinations New York; and Tuscarora Nation of New Reservation, South Dakota; the Spirit within this notice. York. Representatives of any other Lake Tribe, North Dakota; the Lower The eight cultural items are an iron Indian tribe that believes itself to be Sioux Indian Community of Minnesota tomahawk, a celt, copper points, culturally affiliated with these objects Mdewakanton Sioux Indians of the arrowshaft fragments, carbonized should contact Dana Leo, Curator, Tioga Lower Sioux Reservation in Minnesota; material, and a deer bone ornament. The County Historical Society, 110 Front the Oglala Sioux Tribe of the Pine Ridge iron tomahawk, copper points, Street, Owego, NY 13827, telephone Reservation, South Dakota; the Rosebud arrowshaft fragment, and carbonized (607) 687–2460, before June 4, 2001. Sioux Tribe of the Rosebud Indian material have not been located. Repatriation of these objects to the Reservation, South Dakota; the Standing In 1953, the iron tomahawk, celt, Cayuga Nation of New York may begin Rock Sioux Tribe of North and South copper points, arrowshaft fragment and after that date if no additional claimants Dakota; the Santee Sioux Tribe of the carbonized material were donated by come forward. Santee Reservation of Nebraska; the James S. Truman to the Tioga County Yankton Sioux Tribe of South Dakota; Historical Society. Donor information Dated: April 11, 2001. the Assiniboine and Sioux Tribes of the indicates that the iron tomahawk was John Robbins, Fort Peck Indian Reservation, Montana; removed from an ‘‘Indian grave in Assistant Director, Cultural Resources the Prairie Island Indian Community of Cayuga County, NY’’; the celt was Stewardship and Partnerships. Minnesota Mdewakanton Sioux Indians removed from ‘‘an Indian mound in [FR Doc. 01–11134 Filed 5–2–01; 8:45 am] of the Prairie Island Reservation, Cayuga County, NY’’; and the copper BILLING CODE 4310–70–F Minnesota; the Upper Sioux Indian points, arrowshaft fragment, and Community of the Upper Sioux carbonized material were removed Reservation, Minnesota; the Sisseton- ‘‘from a Cayuga County, NY Indian Wahpeton Sioux Tribe of the Lake grave.’’ Donor information indicates that Traverse Reservation, South Dakota; the the deer bone ornament was removed Flandreau Santee Sioux Tribe of South from ‘‘a grave in Cayuga County, NY’’ Dakota; the Lower Brule Sioux Tribe of and was donated at an unknown date to the Lower Brule Reservation, South the Tioga County Historical Society by Dakota; and the Shakopee Frank Truman.
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DEPARTMENT OF THE INTERIOR Reservation of Nebraska; Sisseton- unidentifiable human remains and Wahpeton Sioux Tribe of the Lake associated funerary objects. National Park Service Traverse Reservation, South Dakota; In 1974, University of North Dakota Spirit Lake Tribe, North Dakota; professionals, under contract to the Notice of Inventory Completion for Standing Rock Sioux Tribe of North & Bureau of Reclamation, Dakotas Area Native American Human Remains and South Dakota; Three Affiliated Tribes of Office, collected the remains of a Associated Funerary Objects in the the Fort Berthold Reservation, North minimum of three individuals from site Possession of the University of North Dakota; Turtle Mountain Band of 32LM104. No known individuals were Dakota Hariman Research Center, Chippewa Indians of North Dakota; identified. The one associated funerary Grand Forks, ND, and in the Control of Winnebago Tribe of Nebraska; and object is a projectile point. the U.S. Department of the Interior, Yankton Sioux Tribe of South Dakota. The human remains (inventory Bureau of Reclamation, Dakotas Area On November 9, 2000, the Bureau of records 32LM104–A, 32LM104–B, and Office, Bismarck, ND Reclamation, Dakotas Area Office and 32LM104–C) and associated funerary the North Dakota Intertribal Reinterment AGENCY: National Park Service, Interior. object (32LM104–AFO–A) were Committee submitted a request to the inventoried by the University of North ACTION: Notice. Native American Graves Protection and Dakota Hariman Research Center in Notice is hereby given in accordance Repatriation Review Committee to make 1996. Based on site morphology, with provisions of the Native American a recommendation on the disposition of osteological evidence, and associated a minimum of 14 culturally Graves Protection and Repatriation Act artifacts, these individuals have been unidentifiable human remains and 4 (NAGPRA), 43 CFR 10.9, of the identified as Native American and associated funerary objects from North completion of an inventory of human probably date to the Middle Plains Dakota and in the control of the Bureau remains and associated funerary objects Woodland period (100 B.C.–A.D. 600). of Reclamation, Dakotas Area Office. in the possession of the University of In 1974, University of North Dakota The North Dakota Intertribal North Dakota Hariman Research Center, professionals, under contract to the Reinterment Committee was established Grand Forks, ND, and in the control of Bureau of Reclamation, Dakotas Area by North Dakota State statute for the the U.S. Department of the Interior, Office, collected the remains of a reinterment of human remains in the Bureau of Reclamation, Dakotas Area minimum of one individual from a State of North Dakota and is composed disturbed portion of site 32LM228. No Office, Bismarck, ND. of representatives of the following This notice is published as part of the known individual was identified. The Native American tribes in and from three associated funerary objects are two National Park Service’s administrative North Dakota: the Standing Rock Sioux projectile points and one piece of responsibilities under NAGPRA, 43 CFR Tribe of North & South Dakota; the worked, incised shell. 10.2 (c). The determinations within this Spirit Lake Tribe, North Dakota; the The human remains (32LM228–A) notice are the sole responsibility of the Three Affiliated Tribes of the Fort and associated funerary objects museum, institution, or Federal agency Berthold Reservation, North Dakota; and (32LM228–AFO–A, 32LM228–AFO–B, that has control of these Native the Turtle Mountain Band of Chippewa and 32LM228–AFO–C) were American human remains and Indians of North Dakota. The Bureau of associated funerary objects. The Reclamation, Dakotas Area Office had inventoried by the University of North National Park Service is not responsible previously received a resolution Dakota Hariman Research Center in for the determinations within this supporting repatriation to the North 1996. Based on site morphology, notice. Dakota Intertribal Reinterment osteological evidence, and associated A detailed assessment of the human Committee from the Great Plains Tribal artifacts, this individual has been remains was made by Bureau of Chairman’s Association, an association identified as Native American and Reclamation, Dakotas Area Office that represents 17 Federally recognized probably dates to the Plains Woodland professional staff in consultation with tribes within the Great Plains region of period (400 B.C.–A.D. 1000). representatives of the North Dakota the Bureau of Indian Affairs. In 1974, University of North Dakota Intertribal Reinterment Committee; The Native American Graves professionals, under contract to the Assiniboine and Sioux Tribes of the Fort Protection and Repatriation Review Bureau of Reclamation, Dakotas Area Peck Indian Reservation, Montana; Committee considered the request at its Office, collected the remains of a Cheyenne River Sioux Tribe of the December 11–13, 2000, meeting. The minimum of four individuals from site Cheyenne River Reservation, South review committee concurred with the 32NE401. No known individuals were Dakota; Crow Creek Sioux Tribe of the Bureau of Reclamation, Dakotas Area identified. No associated funerary Crow Creek Reservation, South Dakota; Office’s proposal to repatriate these objects are present. Flandreau Santee Sioux Tribe of South culturally unidentifiable human The human remains (32NE401–A, Dakota; Lower Brule Sioux Tribe of the remains and associated funerary objects 32NE401–B, 32NE401–C, and 32NE401– Lower Brule Reservation, South Dakota; to the North Dakota Intertribal D) were inventoried by the University of Lower Sioux Indian Community of Reinterment Committee representing the North Dakota Hariman Research Center Minnesota Mdewakanton Sioux Indians Standing Rock Sioux Tribe of North & in 1996. Based on the site morphology, of the Lower Sioux Reservation in South Dakota; Spirit Lake Tribe, North osteological evidence, and associated Minnesota; Oglala Sioux Tribe of the Dakota; Three Affiliated Tribes of the artifacts, these individuals have been Pine Ridge Reservation, South Dakota; Fort Berthold Reservation, North identified as Native American and Omaha Tribe of Nebraska; Ponca Tribe Dakota; and Turtle Mountain Band of probably date to the Plains Woodland of Nebraska; Rosebud Sioux Tribe of the Chippewa Indians of North Dakota. A period (400 B.C.–A.D. 1000). Rosebud Indian Reservation, South January 11, 2001, letter from the In 1990, University of North Dakota Dakota; Prairie Island Indian Assistant Director, Cultural Resources professionals, under contract to the Community of the Minnesota Stewardship and Partnerships to the Bureau of Reclamation, Dakotas Area Mdewakanton Sioux Indians of the Bureau of Reclamation, Dakotas Area Office, collected the remains of a Prairie Island Reservation, Minnesota; Office confirmed concurrence regarding minimum of one individual from Santee Sioux Tribe of the Santee the disposition of these culturally excavations at site 32RY77. No known
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individual was identified. No associated The human remains (32SN246–A) Reservation, Montana; Cheyenne River funerary objects are present. were inventoried by the University of Sioux Tribe of the Cheyenne River The human remains (32RY77–A) were North Dakota Hariman Research Center Reservation, South Dakota; Crow Creek inventoried by the University of North in 1996. Based on site morphology, Sioux Tribe of the Crow Creek Dakota Hariman Research Center in osteological evidence, and associated Reservation, South Dakota; Flandreau 1990 and 1996. Based on site artifacts, the individual has been Santee Sioux Tribe of South Dakota; morphology, osteological evidence, and identified as Native American and Lower Brule Sioux Tribe of the Lower associated artifacts, the individual has probably dates to the Middle Woodland Brule Reservation, South Dakota; Lower been identified as Native American and period (100 B.C.–A.D. 600). Sioux Indian Community of Minnesota In 1976, University of North Dakota probably dates to the Early to Middle Mdewakanton Sioux Indians of the professionals, under contract to the Woodland period (400 B.C.–A.D. 600). Lower Sioux Reservation in Minnesota; In 1982, Dakota Interactive Services Bureau of Reclamation, Dakotas Area Office, collected the remains of a Oglala Sioux Tribe of the Pine Ridge professionals, under contract to the Reservation, South Dakota; Omaha Tribe Bureau of Reclamation, Dakotas Area minimum of one individual from of Nebraska; Ponca Tribe of Nebraska; Office, collected the remains of a excavations at site 32SN403. No known Prairie Island Indian Community of the minimum of one individual from individual was identified. No associated Minnesota Mdewakanton Sioux Indians excavations at site 32SN72. No known funerary objects are present. individual was identified. No associated The human remains (32SN403–A) of the Prairie Island Reservation, funerary objects are present. were inventoried by the University of Minnesota; Rosebud Sioux Tribe of the The human remains (32SN72–A) were North Dakota Hariman Research Center Rosebud Indian Reservation, South inventoried by the University of North in 1996. Based on site morphology, Dakota; Santee Sioux Tribe of the Santee Dakota Hariman Research Center in osteological evidence, and associated Reservation of Nebraska; Sisseton- artifacts, the individual has been 1996. Based on site morphology, Wahpeton Sioux Tribe of the Lake identified as Native American and osteological evidence, and associated Traverse Reservation, South Dakota; probably dates to the Northeastern artifacts, the individual has been Spirit Lake Tribe, North Dakota; Plains Complex period (early A.D. identified as Native American of an Standing Rock Sioux Tribe of North & 1400s). South Dakota; Three Affiliated Tribes of unknown period. Based on the above-mentioned the Fort Berthold Reservation, North In 1982, Dakota Interactive Services information, officials of the Bureau of professionals, under contract to the Reclamation, Dakotas Area Office have Dakota; Turtle Mountain Band of Bureau of Reclamation, Dakotas Area determined that, pursuant to 43 CFR Chippewa Indians of North Dakota; Office, collected the remains of a 10.2 (d)(1), the human remains listed Winnebago Tribe of Nebraska; and minimum of one individual from above represent the physical remains of Yankton Sioux Tribe of South Dakota. excavations at site 32SN88. No known a minimum of 14 individuals of Native Representatives of any other Indian tribe individual was identified. No associated American ancestry. Officials of the that believes itself to be culturally funerary objects are present. Bureau of Reclamation, Dakotas Area affiliated with these human remains The human remains (32SN88–A) were Office also have determined that, should contact Dr. Kimball Banks, inventoried by the University of North pursuant to 43 CFR 10.2 (d)(2), the four NAGPRA Coordinator, Bureau of Dakota Hariman Research Center in objects listed above are reasonably Reclamation, Dakotas Area Office, P.O. 1996. Based on site morphology, believed to have been placed with or Box 1017, Bismarck, ND 58501, osteological evidence, and associated near individual human remains at the telephone (701) 250–4242, extension artifacts, the individual has been time of death or later as part of the death 3602, before June 4, 2001. Repatriation identified as Native American of an rite or ceremony. In accordance with the of the human remains and associated unknown period. recommendations of the Native funerary objects to the North Dakota In 1982, Dakota Interactive Services American Graves Protection and Intertribal Reinterment Committee professionals, under contract to the Repatriation and Review Committee, Bureau of Reclamation, Dakotas Area representing the Standing Rock Sioux officials of the Bureau of Reclamation, Tribe of North and South Dakota; the Office, collected the remains of a Dakotas Area Office have determined Spirit Lake Tribe, North Dakota; the minimum of one individual from a that, pursuant to 43 CFR 10.2 (e), there Three Affiliated Tribes of the Fort survey of site 32SN93. No known is no relationship of shared group individual was identified. No associated identity that can be reasonably traced Berthold Reservation, North Dakota; and funerary objects are present. between either these Native American the Turtle Mountain Band of Chippewa The human remains (32SN93–A) were human remains or the associated Indians of North Dakota may begin after inventoried by the University of North funerary objects and any present-day that date if no additional claimants Dakota Hariman Research Center in Indian tribe or group, and the come forward. 1996. Based on site morphology, disposition of these Native American Dated: April 13, 2001. osteological evidence, and associated human remains should be to the North John Robbins, artifacts, the individual has been Dakota Intertribal Reinterment Assistant Director, Cultural Resources identified as Native American and Committee representing the Standing Stewardship and Partnerships. probably dates to the Plains Woodland Rock Sioux Tribe of North & South period (400 B.C.–A.D. 1000). Dakota; Spirit Lake Tribe, North Dakota; [FR Doc. 01–11143 Filed 5–2–01; 8:45 am] In 1985, University of North Dakota Three Affiliated Tribes of the Fort BILLING CODE 4310–70–F professionals, under contract to the Berthold Reservation, North Dakota; and Bureau of Reclamation, Dakotas Area Turtle Mountain Band of Chippewa Office, collected the remains of a Indians of North Dakota. minimum of one individual from This notice has been sent to the North excavations at site 32SN246. No known Dakota Intertribal Reinterment individual was identified. No associated Committee; Assiniboine and Sioux funerary objects are present. Tribes of the Fort Peck Indian
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DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR Headquarters Building, Outer Banks Group, National Park Service, 1401 National Park Service National Park Service National Park Drive, Manteo, North Carolina 27954. Comments concerning Notice of Availability of Draft Director’s Notice of Receipt of Application and the Application or EA should be Order Concerning National Park Environmental Assessment Received directed to Superintendent Francis A. Service Policies and Procedures for Access to National Park Service Peltier, Outer Banks Group, National Governing Its Youth Programs Division Property for the Siting of Wireless Park Service, 1401 National Park Drive, Transmission Antennas and Request Manteo, North Carolina 27954. Phone AGENCY: National Park Service, Interior. for Public Comment (252) 473–2111 ext. 132. Copies of the ACTION: Notice of availability. AGENCY: National Park Service, Application and EA can be obtained by Department of the Interior. writing the Superintendent at 1401 SUMMARY: The National Park Service ACTION: Public notice of the receipt of an National Park Drive, Manteo, NC, 27954, (NPS) has prepared a Director’s Order or calling 252–473–2111 ext. 132. setting forth its policies and procedures Application for a right-of-way permit for governing the management and a wireless telecommunications facility, Francis A. Peltier, implementation of youth programs receipt of an Environmental Assessment Superintendent, Outer Banks Group. throughout the National Park Service. (EA) evaluating the potential impact of [FR Doc. 01–11130 Filed 5–2–01; 8:45 am] mounted antennas and supporting When adopted, the policies and BILLING CODE 4310–70–P procedures will apply to all units of the infrastructure proposed within the right- national park system. of-way at Cape Hatteras National Seashore, and the request for public DATES: Written comments will be comment. INTERNATIONAL TRADE accepted until June 5, 2001. COMMISSION SUMMARY: Public Notice is hereby given ADDRESSES: Draft Director’s Order #26 is that the National Park Service (NPS) has available on the internet at http:// [USITC SE–01–017] received an Application from Triton www.nps.gov/refdesk/Dorders/ PCS Corporation for a right-of-way Sunshine Act Meeting index.htm. Requests for copies and permit to construct, operate, and written comments should be sent to AGENCY HOLDING THE MEETING: maintain a wireless telecommunications William H. Jones, NPS Youth Programs site within the Cape Hatteras National International Trade Commission. Division Manager, Department of the Seashore. TIME AND DATE: May 10, 2001 at 11 a.m. Interior, 1849 C St. RM# 7325 NW., The proposed facility consists of an PLACE: Room 101, 500 E Street SW., Washington, DC 20010. antenna array incorporated into an Washington, DC 20436, Telephone: FOR FURTHER INFORMATION CONTACT: existing elevated water tank, which is (202) 205–2000. William H. Jones at (202) 565–1079. the subject of a prior right-of-way STATUS: Open to the public. SUPPLEMENTARY INFORMATION: The NPS granted to the Town of Nags Head, NC, MATTERS TO BE CONSIDERED: is updating its current system of internal in 1986. The proposed facility includes 1. Agenda for future meeting: none. written instructions. When these the placement of three separate 9 feet by 2. Minutes. documents contain new policy or 10 feet directional antennas on top of an 3. Ratification List. procedural requirements that may affect existing water tank which has a height 4. Inv. No. TA–201–67 (Wheat Gluten) parties outside the NPS, they are first of 149.0 feet and which is situated on (Consistency Determination)—briefing made available for public review and Cape Hatteras National Seashore and vote. (The Commission is currently comment before being adopted. The property. Additionally, there is scheduled to transmit its determination draft order Director’s Order covers proposed the construction of a 10 feet to the United States Trade topics such as the management and by 20 feet elevated service module to Representative on May 17, 2001.) supervision of the Youth Conservation house associated equipment and access 5. Inv. No. 731–TA–925 (Preliminary) Corps, the Public Land Corps, Job Corps to the site as part of the requested right- (Greenhouse Tomatoes from Canada)— and other programs that introduce youth of-way. briefing and vote. (The Commission is The NPS is making the Application to employment opportunities and currently scheduled to transmit its and EA available for public review. A conservation projects in the National determination to the Secretary of preliminary review by park staff of the Park Service. Commerce on May 14, 2001; documents submitted to date indicates Commissioners’ opinions are currently Individual respondents may request that the proposed facility will not have scheduled to be transmitted to the that we withhold their home address a significant impact on the quality of the Secretary of Commerce on May 21, from the administrative record, which human environment within the meaning 2001.) we will honor to the extent allowable by of Section 102(2c) of the National 6. Outstanding action jackets: none. law. There also may be circumstances in Environmental Policy Act of 1969. The In accordance with Commission which we would withhold from the NPS will take no final action on this policy, subject matter listed above, not record a respondent’s identity, as proposed wireless telecommunications disposed of at the scheduled meeting, allowable by law. If you wish us to facility until the comments from the may be carried over to the agenda of the withhold your name and/or address, public have been considered. you must state this prominently at the following meeting. DATES: beginning of your comment. There will be a thirty (30) day public review period for comment on Issued: April 30, 2001. Dated: April 20, 2001. the Application and the EA. Written By order of the Commission. William H. Jones, comments must be received on or before Donna R. Koehnke, Program Manager, Youth Programs Division. July 2, 2001. Secretary. [FR Doc. 01–11131 Filed 5–2–01; 8:45 am] ADDRESSES: Interested parties may [FR Doc. 01–11230 Filed 5–1–01; 10:59 am] BILLING CODE 4310–70–U review the Application and EA at BILLING CODE 7020–02–U
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DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE cost) payable to the Consent Decree Library. Notice of Lodging of Partial Consent Notice of Lodging of Settlement Robert Maher, Decree in Comprehensive Agreement Pursuant to the Clean Environmental Response, Water Act Assistant Chief, Environmental Enforcement Compensation and Liability Act Cost Section, Environment and Natural Resources Division. Recovery Action Notice is hereby given that, on April [FR Doc. 01–11121 Filed 5–2–01; 8:45 am] 16, 2001, a proposed Settlement In accordance with the Departmental BILLING CODE 4410–15–M Agreement in United States v. Arco Pipe Policy, 28 CFR 50.7, notice is hereby given that a Partial Consent Decree in Line Company, No. 99 2161 GTV (D. United States v. American Scrap Kan.) (DJ #90–5–1–06347), was lodged DEPARTMENT OF JUSTICE Company, Civil Action No. 1:99–CV– with the United States District Court for Notice of Lodging of a Consent Decree 2047, was lodged with the United States the District of Kansas. Pursuant to the Comprehensive District Court for the Middle District of The proposed Settlement Agreement Environmental Response, Pennsylvania on April 20, 2001. This would resolve the United States’ claims Compensation, and Liability Act Partial Consent Decree resolves the against Arco Pipe Line Company, under United States’ claims against Hornell Section 311 of the Clean Water Act Notice is hereby given that a proposed Waste Material Co., Inc., Midlane (‘‘CWA’’), 33 U.S.C. 1321, for Arco’s consent decree in United States v. Drum Salvage Co., Inc., Russell I. Young and January 21, 1994, discharge of 3869 Service Company of Florida, et al., Civil Barbara Garry (‘‘Settling Defendants’’) barrels of oil into navigable waters of No. 98–697–Civ–Orl–28C, was lodged under Section 107(a) of the the United States. on April 13, 2001, with the United Comprehensive Environmental States District Court for the Middle Response, Compensation and Liability Under the proposed settlement, Arco District of Florida (‘‘NAPA Decree’’). Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), for will pay the United States $804,700 in The proposed consent Decree would response costs incurred at the Jack’s civil penalties for the oil spill. In resolve certain claims under section 107 Creek/Sitkin Smelting Superfund Site in addition, Arco will spend $145,300 on of the Comprehensive Environmental Mifflin County, Pennsylvania. The a Supplemental Environmental Project Response, Compensation, and Liability Partial Consent Decree requires the (‘‘SEP’’) consisting of remodeling/ Act of 1980, 42 U.S.C. 9607, as Settling Defendants to pay a total of reconstructing the concrete drinking amended, as well as certain claims $45,000 in past resposne costs. water intake for the City of Osawatomie, under Florida law, brought against The Department of Justice will accept KS. The settlement also resolves Arco’s NAPA Properties, a Florida general written comments on the proposed claims against the United States for partnership, and its individual partners Partial Consent Decree for thirty (30) costs, expenses and damages incurred as and distributees (collectively ‘‘Settling days from the date of publication of this a result of the oil discharge. Defendants’’), to recover response costs incurred by the Environmental notice. Please address comments to the The U.S. Department of Justice will Acting Assistant Attorney General, Protection Agency in connection with receive, for a period of thirty (30) days the release of hazardous substances at Environment and Natural Resources from the date of publication of this Division, Department of Justice, P.O. the Zellwood Groundwater notice, comments relating to the Box 7611, Ben Franklin Station, Contamination Superfund Site (‘‘Site’’) proposed Settlement Agreement. Any Washington, DC 20044 and refer to in Zellwood, Orange County, Florida. comments should be addressed to the United States v. American Scrap The United States alleges that NAPA Company, DOJ # 90–11–2–911/1. Assistant Attorney General for the Properties is laible as a person who Copies of the proposed Partial Environment and Natural Resources owns a portion of the Site and as the Consent Decree may be examined at the Division, U.S. Department of Justice, successor of a person who owned a Office of the United States Attorney, P.O. Box 7611, Washington, DC 20044– portion of the Site at the time of the Middle District of Pennsylvania, 228 7611, and should reference the release of a hazardous substance. The Walnut Street, Harrisburg, PA 17108, following case name and number: United States also alleges that the and at EPA Region III, 1650 Arch Street, United States v. Arco Pipe Line individual partners of NAPA are liable Philadelphia, PA 19103–2029. A copy of Company, DJ #90–5–1–06347. under Florida law for the obligations of the partnership. Under the proposed the proposed Partial Consent Decree The proposed Settlement Agreement Consent Decree, the Settling Defendants may be obtained by mail from the U.S. may be examined at the offices of EPA will pay $502,813 as well as a portion Department of Justice, Consent Decree Region VII, located at 901 North 5th of the proceeds of certain real property Library, P.O. Box 7611, Washington, DC Street, Kansas City, Kansas 66101, c/o 20044–7611. When requesting a copy of sold by the partnership, to the Denise Roberts, (913) 551–7559, or at Hazardous Substances Superfund to the proposed Partial Consent Decree, the U.S. Attorney’s Office, 500 State please enclose a check to cover the reimburse the United States for response Avenue, Suite 360, Kansas City, Kansas costs incurred and to be incurred at the twenty-five cents per page reproduction 66101, c/o Robert Olsen, (913) 551– costs payable to the ‘‘Consent Decree Site. 6730. A copy of the proposed Library’’ in the amount of $8.50, and The Department of Justice will Settlement Agreement may also be reference United States v. American receive, for a period of thirty (30) days obtained by mail from the Consent Scrap Company, DOJ # 90–11–2–911/1. from the date of this publication, Decree Library, P.O. Box 7611, U.S. comments relating to the proposed Robert Brook, Department of Justice, Washington, DC Consent Decree. Comments should be Assistant Chief, Environmenal Enforcement 20044–7611, c/o Peggy Fenlon-Gore, addressed to the Assistant Attorney Section, Environment and Natural Resources (202) 514–5245. In requesting a copy, General for the Environment and Division, U.S. Department of Justice. please enclose a check in the amount of Natural Resources Division, Department [FR Doc. 01–11124 Filed 5–2–01; 8:45 am] $13.00 (25 cents per page reproduction of Justice, PO Box 7611, Washington, BILLING CODE 4410–15–M DC 20530, and should refer to United
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States v. Drum Service Company of 20044–7611, and should refer to United The Department of Justice will receive Florida, et al., M.D. FL, Civil No. 98– States v. Alcoa, Inc., D.J. Ref. 90–11–3– comments relating to the proposed 687–Civ–Orl–28C, DOJ Ref. #90–11–2– 558A. Consent Decree for a period of thirty 266. The proposed consent decree may be (30) days from the date of this The Consent Decree may be examined examined at the Office of the United publication. Comments should be at the Region 4 Office of the States Attorney, Northern District of addressed to the Assistant Attorney Environmental Protection Agency, 61 New York, James T. Foley Federal General, Environment and Natural Forsyth Street, Atlanta, GA 30303 and Building, 445 Broadway, Albany, New Resources Division, Department of the United States Attorney’s Office for York, 12207 and at U.S. EPA, (Region II) Justice, P.O. Box 7611, Washington, DC the Middle District of Florida, Federal 290 Broadway, 17th Floor New York, 20044, and should refer to United States building & U.S. Courthouse, 80 N. New York 10007–1866. A copy of the v. Massachusetts Institute of Hughey Avenue, Orlando, Florida 32801 proposed consent decree may also be Technology, D.J. Ref. 90–7–1–06942. c/o Assistant U.S. Attorney Roberto obtained by mail from the Consent The proposed consent decree may be Rodriguez. A copy of the proposed Decree Library, P.O. Box 7611, U.S. examined at the office of the United consent decree may be obtained by mail Department of Justice, Washington, DC States Attorney, Suite 9200, 1 from the Consent Decree Library, Post 20044–7611. In requesting a copy, Courthouse Way, Boston, Massachusetts Office Box 7611, Washington, DC 20044. please enclose a check in the amount of 02110, and at the Region I office of the In requesting copies please refer to the $6.00 (25 cents per page reproduction Environmental Protection Agency, One referenced case and enclose a check in cost) payable to the Consent Decree Congress Street, Suite 1100, Boston, the amount of $12.00 (25 cents per page Library. Massachusetts 02114. A copy of the reproduction costs), payable to the proposed consent decree may also be Consent Decree Library. Ronald Gluck, obtained by mail from the Department Assistant Section Chief, Environmental of Justice Consent Decree Library, PO Ellen Mahan, Enforcement Section, Environment and Box 7611, Washington, DC 20044. In Assistant Section Chief, Environmental Natural Resources Division. Enforcement Section, Environment and requesting a copy, please enclose a [FR Doc. 01–11125 Filed 5–2–01; 8:45 am] Natural Resources Division. check (there is a 25 cent per page BILLING CODE 4410–15–M [FR Doc. 01–11122 Filed 5–2–01; 8:45 am] reproduction cost) in the amount of $20.25 payable to the ‘‘Consent Decree BILLING CODE 4410–15–M Library.’’ DEPARTMENT OF JUSTICE Ronald G. Gluck, DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Assistant Chief, Environmental Enforcement Pursuant to the Resource Section, Environment & Natural Resources Notice of Lodging of Consent Decree Conservation and Recovery Act, the Division. Under the Comprehensive Clean Air Act, and the Clean Water Act [FR Doc. 01–11123 Filed 5–2–01; 8:45 am] Environmental Response, BILLING CODE 4410–15–M Compensation, and Liability Act In accordance with 28 CFR 50.7, In accordance with 28 CFR 50.7 and notice is hereby given that on April 18, Section 122 of the Comprehensive 2001, a Consent Decree in United States DEPARTMENT OF JUSTICE Environmental Response, Compsenation v. Massachusetts Institute of Antitrust Division and Liability Act (‘‘CERCLA’’), 42 U.S.C. Technology, Civil Action No. 01– cv10646–JLT, was lodged with the 9622, notice is hereby given that on Notice Pursuant to the National April 23, 2001, a proposed consent United States District Court for the District of Massachusetts. A complaint Cooperative Research and Production decree in United States v. General Act of 1993—The ATM Forum Motors Corp., Civil Action NO. 01–CV– in the action was also filed 0589, was lodged with the United States simultaneously with the lodging of the Notice is hereby given that, on March District Court for the Northern District Consent Decree. In the complaint the 29, 2001, pursuant to Section 6(a) of the of New York. United States alleges that the defendant National Cooperative Research and In this action the United States sought Massachusetts Institute of Technology Production Act of 1993, 15 U.S.C. 4301 costs for response activities in (‘‘MIT’’) (a) violated federal hazardous et seq. (‘‘the Act’’), The ATM Forum has connection with the aluminum waste emergency, storage, handling, and filed written notifications diecasting facility owned by General labeling regulations promulgated under simultaneously with the Attorney Motors Corp. in Massena, New York. the Resource Conservation and General and the Federal Trade The Complaint alleges that the Recovery Act, 42 U.S.C. 6901, et seq. Commission disclosing changes in its defendant is liable under Section 107(a), (‘‘RCRA’’), (b) failed to comply with membership status. The notifications 42 U.S.C. 9607(a), of CERCLA. Pursuant requirements relating to monitoring and were filed for the purpose of extending to the decree, defendant will pay to the reporting in violation of the Clean Air the Act’s provisions limiting the United States past unreimbursed Act, 42 U.S.C. 7401 et seq., and (c) recovery of antitrust plaintiffs to actual response costs in an amount totaling at failed to meet regulatory requirements damages under specified circumstances. least $1,245,832.73, plus interest. relating to oil spill prevention plans in Specifically, Verilink, Madison, AL; The Department of Justice will receive violation of section 311 of the Clean ShareGate, Inc., Reno, NV; Mahi for a period of thirty (30) days from the Water Act, 33 U.S.C. 1321. Networks, Petaluma, CA; Pivotech date of this publication comments Under the proposed decree, MIT will Systems, Inc., Piscataway, NJ; Partner relating to the proposed decree. pay a civil penalty of $155,000, Voxtream, Vojens, Denmark; and SII Comments should be addressed to the undertake three Supplemental Network Systems, Inc., Chiba-shi, Assistant Attorney General, Environmental Projects, and comply Chiba, Japan have been added as parties Environment and Natural Resources with a variety of injunctive measures to to this venture. The following principal Division, P.O. Box 7611, U.S. achieve full compliance with RCRA, the members have downgraded to auditing Department of Justice, Washington, DC CAA, and the CWA. members: Thales Communications,
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Colombes Cedex, France; Fujitsu, DEPARTMENT OF JUSTICE business and e-business applications; Raleigh, NC; Zdruzenie ATM v SR, (b) to foster interoperability by Bratislava, Slovakia; Paradyne, Largo, Antitrust Division interacting with appropriate standards FL; and CNT Corporation, Plymouth, and testing bodies; (c) to initiate studies Notice Pursuant to the National MN. The following members changed and demonstration projects to show the Cooperative Research and Production their names: CSELT S.p.A. to Telcom value of interoperable PKI Forum, Inc. Act of 1933—PKI Forum, Inc. Italia Lab S.p.A., Torino, Italy; and and PKI Forum, Inc. based solutions; Thomson-CSF to Thales Notice is hereby given that, on April and (d) to undertake such other Communications, Colombes Cedex, 2, 2001, pursuant to Section 6(a) of the activities as may from time to time be appropriate to further the purposes and France. The following members have National Cooperative Research and achieve the goals set forth above. been involved in acquisitions: Spyrant, Production Act of 1993, 15 U.S.C. 4301 Calabasas, CA acquired Hekimian et seq. (‘‘the Act’’), PKI Forum, Inc. has Constance K. Robinson, Laboratories, Rockville, MD; Qwest filed written notifications Director of Operations, Antitrust Division. Communications, Arlington, VA simultaneously with the Attorney [FR Doc. 01–11128 Filed 5–2–01; 8:45 am] acquired US West, Boulder, CO; Avtec General and the Federal Trade BILLING CODE 4410–11–M Systems, Inc., Fairfax, FA acquired Commission disclosing (1) the identities Symbiont, Fairfax, VA; Dynegy Connect, of the parties and (2) the nature and LP, Aurora, CO acquired Extant, Aurora, objectives of the venture. The DEPARTMENT OF JUSTICE notifications were filed for the purpose CO; Natural MicroSystems, Inc., St- of invoking the Act’s provisions limiting Antitrust Division Hubert, Quebec, Canada acquired the recovery of antitrust plaintiffs to InnoMediaLogic, Inc., Framingham, actual damages under specified Notice Pursuant to the National MA; and Altera Corporation, High circumstances. pursuant to Section 6(b) Cooperative Research and Production Wycombe, Buckinghamshire, United of the Act, the identities of the parties Act of 1933—Wireless Application Kingdom acquired DesignPRO, Inc., are Andes Networks, Inc., Mountain Protocol Forum, Ltd. Nepean, Ontario, Canada. Also, Elsa View, CA; Baltimore, Dublin, Ireland; Notice is hereby given that, on Communications, Helsinki, Finland; CertCo, New York, NY; Chrysalis-ITS, January 8, 2001, pursuant to Section 6(a) Ciena Corporation, Marlboro, MA; K- Ottawa, Ontario, Canada; Cisco Systems, of the National Cooperative Research Net, Ltd., Odiham, Hampshire, United San Jose, CA; Communications and Production Act of 1933, 15 U.S.C. Kingdom; Societe Europeene Des Electronics Security Group (CESG), 4301 et seq. (‘‘the Act’’), Wireless Satellites S.A., Betzdorf, Luxembourg; Cheltenham, Glos, United Kingdom; Application Protocol Forum, Ltd. Telecom New Zealand, Wellington, New Compaq Computer Corporation, (‘‘WAP’’) has filed written notifications Zealand; Roke Manor Research, Romsey Houston, TX; Computer Associates, simultaneously with the Attorney Hampshire, United Kingdom; University Herndon, VA; Conclusive Logic, General and the Federal Trade of Tech Helsinki, Espoo, Finland; Maidenhead, Berks, United Kingdom; Commission disclosing changes in its University of Wuerzburg, Wuerzburg Cryptomathic, Aarhus C, Denmark; membership status. The notifications Germany; Central Research Institute of Cylink, Corporation, Santa Clara, CA; were filed for the purpose of extending Electric Power, Tokyo, Japan; and DataKey, Inc., Minneapolis, MN; De La the Act’s provisions limiting the Intercai Telematics Consultants, Rue InterClear Limited, Gasingstoke, recovery of antitrust plaintiffs to actual Utrecht, The Netherlands have been United Kingdom; Digital Signature Trust damages under specified circumstances. dropped as parties to this venture. Co., Salt Lake City, UT; Diversinet Specifically, Air-Go Technologies Corp., Corp., Toronto, Ontario, Canada; Entrust San Francisco, CA; APAS Inc., Tokyo, No other changes have been made in Technologies, Ottawa, Ontario, Canada; Japan; Apollis AG, Munchen, Germany; either the membership or planned Fujitsu Limited, Tokyo, Japan; Arcot Systems, Inc., Santa Clara, CA; activity of the group research project. FundSERV Inc., Toronto, Ontario, Banksys, Brussels, Belgium; Blue Membership in this group research Canada; GlobalSign SA/NV, Brussels, Martini Software, San Mateo, CA; project remains open, and The ATM Belgium; LockStar, Inc., Lyndhurst, NJ; Cherrypicks, Hong Kong, Hong Kong- Forum intends to file additional written Neucom Corporation, Shibuya-ku, China; Civista Ltd., Tolworth, England, notification disclosing all changes in Tokyo, Japan; Odyssey Technologies United Kingdom; ClientSoft Inc., membership. Ltd, Chennai, India; RSA Security, Inc., Hawthorne, NY; Columbitech AB, On April 19, 1993, The ATM Forum Bedford, MA; SECUDE GmbH, Stockholm, Sweden; Digital Boardwalk, filed its original notification pursuant to Darmstadt, Germany; SHYM Inc., Santa Monica, CA; EncrypTix, Inc., Section 6(a) of the Act. The Department Technology, Inc., Needham, MA; SSE El Segundo, CA;’ Equifax, Atlanta, GA; of Justice published a notice in the Ltd, Dublin, Ireland; SSH India’s Wireless internet Initiative Federal Register pursuant to Section Communications Security Corp., (IWIN), Bangalore, India; Intergraph Corporation, Inc., Huntsville, AL; 6(b) of the Act on June 2, 1993 (58 FR Helsinki, Finland; Sybase Inc., Emeryville, CA; TeleTrusT e.V., Erfurt, Inventec Electronics (Shanghai) Co., 31415). Germany; VeriSign, Inc., Mountain Ltd., Shanghai, People’s Republic of The last notification was filed with View, CA; Visa International, Foster China; KPMG Consulting LLC, McLean, the Department on December 29, 2000. City, CA; and Wells Fargo, San VA; Leap Corporation, Atlanta, GA; A notice was published in the Federal Francisco, CA. Lightbridge, Inc., Burlington, MA; Register pursuant to Section 6(b) of the The venture was formed as a Logical Design Solutions, Inc., Act on February 27, 2001 (66 FR 12565). Delaware non-stock member Morristown, NJ; mCentric Ltd., London, corporation. The nature and objectives England, United Kingdom; Mgage Constance K. Robinson, of the venture are (a) to provide a forum Systems AB, Stockholm, Sweden; Director of Operations, Antitrust Division. for the demonstration of support for MobileRAIN Technologies, Inc., Union [FR Doc. 01–11127 Filed 5–2–01; 8:45 am] standards-based, interoperable public City, CA; MobileWebSurf.com, Milpitas, BILLING CODE 4410–11–M key infrastructure as a foundation for e- CA; Mspect, Inc., Sunnyvale, CA;
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Netfish Technologies, Inc., Santa Clara, DEPARTMENT OF JUSTICE Programs Development Section, FBI CA; Netonomy, Paris, France; NextCom CJIS Division, Module C3, 1000 Custer K.K., Tokyo, Japan; Nextron, Inc., San Federal Bureau of Investigation Hollow Road, Clarksburg, West Virginia Jose, CA; Orsus Solutions Ltd., Or 26306–0149, telephone (304) 625–2619, Meeting of the CJIS Advisory Policy Yehuda, Israel; pacific21 Ltd., London, facsimile (304) 625–5090. Board England, United Kingdom; Partner Dated: April 25, 2001. Communications Co. Ltd., Rosh Ha’ayin, AGENCY: Federal Bureau of Investigation Roy G. Weise, Israel; Pivotal Corporation, North (FBI), Justice. Designated Federal Employee, Programs Vancouver, British Columbia, Canada; ACTION: Meeting notice. Development Section, Criminal Justice Plexus Technologies, San Jose, CA; Information Service Division, Federal Bureau SUMMARY: Probaris Technologies, Inc., The purpose of this notice is of Investigation. to announce the meeting of the Criminal Philadelphia, PA; Purple Technologies [FR Doc. 01–11129 Filed 5–2–01; 8:45 am] Justice Information Services (CJIS) Ltd., London, England, United BILLING CODE 4410–02–M Kingdom; Radio Frequency Advisory Policy Board. The CJIS Investigation Ltd., Hants, England, Advisory Policy Board is responsible for United Kingdom; Ripcord Systems Inc., reviewing policy issues, uniform crime DEPARTMENT OF JUSTICE London, England, United Kingdom; reports, and appropriate technical and SANYO Electric Co., Ltd., Osaka, Japan; operational issues related to the National Institute of Corrections SecureSoft Inc., Seoul, Republic of programs administered by the FBI’s CJIS Korea; Shenzhen New World Xianglong, Division and thereafter, make Advisory Board Meeting appropriate recommendations to the FBI Shen Zhen, Guangdong Province, Director. The topics to be discussed will Time and Date: 9 a.m. To 4:30 p.m. on People’s Republic of China; Sinotone include Proposed CJIS Wide Area Monday, June 4, 2001 & 8:30 a.m. To 12 Datacom Ltd., Hong Kong, Hong Kong- Network (WAN) Migration to the Justice noon on Tuesday, June 5, 2001. China; SkyGo.com, Redwood City, CA; Consolidation Network, the Revised Place: Raintree Plaza Hotel & Smart421, Herts, England, United National Crime Information Center Conference Center, 1900 Ken Pratt Kingdom; Soprano Design Pty Ltd, (NCIC) Sanctions Process, and Boulevard, Longmont, Colorado 80501. North Sydney, New South Wales, Secondary Dissemination of NCIC Status: Open. Australia; SPEEDWARE Corporation, St. Wanted Person File Data. Discussion Matters to be Considered: Update on Laurent, Quebec, Canada; Synapta, Palo will also include the status on the Interstate Compact Activities; Alto, CA; Synovial Inc., Fremont, CA; National Crime Prevention and Privacy Presentations on Corrections Population Telephia, Inc., San Francisco, CA; The Compact, Update on DOJ Global and Decline, Office of Victims of Crime PhonePages of Sweden AB, Kista, Information Sharing, and other issues Funding Allocations, and Publication Sweden; UltiVerse Technologies, Inc., related to the Integrated Automated on Impact of Job Stress on Corrections Waltham, MA; Vettro Corporation, New Fingerprint Identification System, NCIC, Officers; and Proposed Initiative to York, NY; Wiral Ltd., Espoo, Findland; Law Enforcement Online, National Collect Information on Federal Grants Wmode, Inc., Calgary, Alberta, Canada; Instant Criminal Background Check Available to Corrections Entities. WorldCom, Clinton, MS; YacCom, System and Uniform Crime Reporting FOR FURTHER INFORMATION CONTACT: Rennes, France; ZoomON AB, Programs. Larry Solomon, Deputy Director, 202– Stockholm, Sweden; and Zurcher The meeting will be open to the 307–3106, ext. 155. Kantonalbank, Zurich, Switzerland have public on a first-come, first-seated basis. been added as parties to this venture. Any member of the public wishing to Morris L. Thigpen, No other changes have been made in file a written statement concerning the Director. either the membership or planned FBI’s CJIS Division programs or wishing [FR Doc. 01–11089 Filed 5–2–01; 8:45 am] activity of the group research project. to address this session should notify the BILLING CODE 4410–36–M Membership in this group research Designated Federal Employee, Mr. Roy project remains open,and WAP intends Weise, Programs Development Section to file additional written notifications (304) 625–2730, at least 24 hours prior DEPARTMENT OF LABOR disclosing all changes in membership. to the start of the session. The notification should contain the Employment and Training On March 18, 1998, WAP filed its requestor’s name, corporate designation, Administration original notification pursuant to Section and consumer affiliation or government 6(a) of the Act. The Department of designation along with a short statement Notice of Determinations Regarding Justice published a notice in the Federal describing the topic to be addressed and Eligibility To Apply for Worker Register pursuant to Section 6(b) of the the time needed for the presentation. A Adjustment Assistance and NAFTA Act on December 31, 1998 (63 FR requestor will ordinarily be allowed not Transitional Adjustment Assistance 72333). more than 15 minutes to present a topic. In accordance with Section 223 of the The last notification was filed with DATES AND TIME: The Advisory Policy Trade Act of 1974, as amended, the the Department on October 3, 2000. A Board will meet in open session from 9 Department of Labor herein presents notice was published in the Federal a.m. until 5 p.m. on June 5–6, 2001. summaries of determinations regarding Register pursuant to Section 6(b) of the ADDRESSES: The meeting will take place eligibility to apply for trade adjustment Act on December 29, 2000 (65 FR at the Opryland Hotel, 2802 Opryland assistance for workers (TA–W) issued 83096). Drive, Nashville, Tennessee, telephone during the period of April, 2001. (615) 889–1000. In order for an affirmative Constance K. Robinson, FOR FURTHER INFORMATION CONTACT: determination to be made and a Director of Operations, Antitrust Division. Inquires may be addressed to Ms. Lori certification of eligibility to apply for [FR Doc. 01–11126 Filed 5–2–01; 8:45 am] A. Kemp, Management Analyst, worker adjustment assistance to be BILLING CODE 4481–11–M Advisory Groups Management Unit, issued, each of the group eligibility
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requirements of Section 222 of the Act determination references the impact certification of eligibility to apply for must be met. date for all workers of such NAFTA–TAA the following group (1) That a significant number or determination. eligibility requirements of Section 250 protection of the workers in the TA–W–39,047; Rayovac Corp., of the Trade Act must be met: workers’ firm, or an appropriate Wonewoc, WI: March 28, 2000. (1) That a significant number or subdivision thereof, have become totally TA–W–38,943; Stant Manufacturing, proportion of the workers in the or partially separated, Inc., Connersville, IN: March 9, workers’ firm, or an appropriate (2) that sales or production, or both, 2000. subdivision thereof, (including workers of the firm or subdivision have TA–W–38,835; Allegheny Color Corp., in any agriculture firm or appropriate decreased absolutely, and Ridgway, PA: February 15, 2000. subdivision thereof) have become totally (3) that increases of imports of articles TA–W–38,603; The Daniel Green Co., or partially separated from employment like or directly competitive with articles Dolgeville, NY: August 12, 2000. and either— produced by the firm or appropriate TA–W–38,926; Procon Products, (2) That sales or production, or both, subdivision have contributed Murfreesboro, TN: March 1, 2000. of such firm or subdivision have importantly to the separations, or threat TA–W–38,729; CAE Newnes, Inc., decreased absolutely, thereof, and to the absolute decline in Sherwood, OR: February 8, 2000. (3) That imports from Mexico or sales or production. TA–W–38,756; Motor Products, Owosso, Canada of articles like or directly Negative Determinations for Worker MI: February 12, 2000. competitive with articles produced by Adjustment Assistance TA–W–38,683; Didde Web Press, such firm or subdivision have increased, Emporia, KS: January 22, 2000. and that the increases imports In each of the following cases the TA–W–38,942; ISP Minerals, Kremlin contributed importantly to such investigation revealed that criterion (3) Plant, Pembine, WI: March 14, workers’ separations or threat of has not been met. A survey of customers 2000. separation and to the decline in sales or indicated that increased imports did not TA–W–38,725; Ametek/Dixson, Grand production of such firm or subdivision; contribute importantly to worker Junction, CO: February 9, 2000. or separations at the firm. TA–W–38,523; Morris Material (4) That there has been a shift in TA–W–38,958; Moeller Rubber Products Handling, Inc., Oak Creek, WI: production by such workers’ firm or Co., Inc., Greenville, MS December 20, 1999. subdivision to Mexico or Canada of TA–W–38,648; Sterling Last, LLC, TA–W–38,471; Dura Automotive articles like or directly competitive with Henderson, TN Systems, Inc., East Jordan Brake articles which are produced by the firm TA–W–38,740; Eaton Corp., Torque Operations, East Jordan, MI: or subdivision. Control Products Div., Marshall, MI December 6, 1999. Negative Determinations NAFTA–TAA TA–W–38,703; Olsonite Corp., Algoma, TA–W–38,713; Agrifrozen Foods, WI Woodburn, OR: February 9, 2000. In each of the following cases the TA–W–38,748; Thompson River Lumber TA–W–38,508; VF Imagewear East investigation revealed that criteria (3) Co., Thompson Falls, MT (Formerly VF Knitwear), North and (4) were not met. Imports from TA–W–38,675; Earl Soesbe Co., Inc., Wilkesboro, NC: December 18, Canada or Mexico did not contribute Rensselaer, IN 1999. importantly to workers’ separations. In the following cases, the TA–W–38,495 & A; VF Imagewear East There was no shift in production from investigation revealed that the criteria (Formerly VF Knitwear), the subject firm to Canada or Mexico for eligibility have not been met for the Martinsville, VA and Bassett, VA: during the relevant period. reasons specified. December 13, 1999. NAFTA–TAA–04587; Thompson River Increased imports did not contribute TA–W–38,731; Great Lakes Paper Co., Lumber Co., Thompson Falls, MT importantly to worker separations at the Clifton, NJ: February 8, 2000. NAFTA–TAA–04632; Rosboro Lumber firm. TA–W–38,661; Converse, Inc., Mission, Co., Mill A, Springfield, OR TA–W–38,839; ASARCO, Inc., East TX: February 2, 2000. NAFTA–TAA–04372; Bermo, Inc., Sauk C Helena Plant, East Helena, MT TA–W–38,583; Vision Legwear, LL , Rapids, MN TA–W–38,724; Lear Corp., Formerly Plant 1 and Plant 2, Spruce Pine, NAFTA–TAA–04596; O and M Known as United Technologies, NC: January 29, 2000. Manufacturing, Inc., Cheboygan, MI Inc., Linden Avenue Plant, TA–W–38,782; Republic Technologies NAFTA–TAA–04625; Brach Zanesville, OH International, Canton, OH: Confections, Inc., Chicago, IL TA–W–38,861; Brach Confections, Inc., February 11, 2000. NAFTA–TAA–04716; Motor Products, Chicago, IL TA–W–39,005; Rayovac Corp., Owosso, MI TA–W–38,048; Invensys Powerware Fennimore, WI: February 21, 2000. NAFTA–TAA–04503; Earl Soesbe Co., Corp., a/k/a Best Power, Necedah, Also, pursuant to Title V of the North Inc., Rensselaer, IN WI American Free Trade Agreement NAFTA–TAA–04532; Olsonite Corp., TA–W–38,510; VF Imagewear East Implementation Act (Pub. L. 103–182) Algoma, WI (Formerly VF Knitwear), Nutmeg concerning transitional adjustment NAFTA–TAA–04641; Graphic Mills and The 39th Street Facility, assistance hereinafter called (NAFTA– Packaging Corp., Portland, OR Tampa, FL TAA) and in accordance with Section NAFTA–TAA–04595; Eaton Corp., TA–W–38,883; Graphic Packaging 250(a), Subchapter D, Chapter 2, Title II, Torque Control Products Div., Corp., Portland, OR of the Trade Act as amended, the Marshall, MI Department of Labor presents NAFTA–TAA–04713; Gateway, Inc., Affirmative Determinations for Worker summaries of determinations regarding North Sioux City, SD Adjustment Assistance eligibility to apply for NAFTA–TAA NAFTA–TAA–04660; Rayovac Corp., The following certifications have been issued during the month of April, 2001. Fennimore, WI issued; the date following the company In order for an affirmative NAFTA–TAA–04547; ASARCO, Inc., name and location of each determination to be made and a East Helena Plant, East Helena, MT
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NAFTA–TAA–04385; Dura Automotive NAFTA–TAA–04536; Thrall Car, Thrall DEPARTMENT OF LABOR Systems, Inc., East Jordan Brake North American Rail Car, Chicago Operations, East Jordan, MI Heights, IL: January 15, 2000. Employment and Training NAFTA–TAA–04553; Lear Corp., Administration I hereby certify that the Formerly Known as United [TA–W–37,848] Technologies Automotive, Inc., aforementioned determinations were Linden Avenue Plant, Zanesville, issued during the month of April, 2001. Genicom Corporation Currently Known OH Copies of these determinations are as IER, Inc., Temple, TX; Amended The investigation revealed that the available for inspection in Room C– Certification Regarding Eligibility To criteria for eligibility have not been met 5311, U.S. Department of Labor, 200 Apply for Worker Adjustment for the reasons specified. Constitution Avenue, NW., Washington, Assistance The investigation revealed that DC 20210 during normal business hours criteria (1) and (2) have not been met. or will be mailed to persons who write In accordance with section 223 of the A significant number or proportion of to the above address. Trade Act of 1974 (19 U.S.C. 2273) the Department of Labor issued a the workers did not become totally or Dated: April 23, 2001. partially separated from employment as Certification of Eligibility to Apply for Edward A. Tomchick, required for certification. Sales or Worker Adjustment Assistance on production did not decline during the Director, Division of Trade Adjustment August 18, 2000, applicable to workers relevant period as required for Assistance. of Genicom Corporation, Temple, Texas. certification. [FR Doc. 01–11101 Filed 5–2–01; 8:45 am] The notice was published in the Federal BILLING CODE 4510–30–M Register on September 12, 2000 (65 FR NAFTA–TAA–04422; VF Imagewear 55050). East (Formerly VF Knitwear), At the request of the company, the Nutmeg Mills and The 39th Street DEPARTMENT OF LABOR Department reviewed the certification Facility, Tampa, FL for workers of the subject firm. New The investigation revealed that Employment and Training findings show that the Department criteria (2) has not been met. Sales or Administration inadvertently failed to identify the production did not decline during the subject firm title name in its entirety. relevant period as required for [TA–W–38,243] The Department is amending the certification. certification determination to correctly NAFTA–TAA–04671; Weyerhaeuser Co., COLOR-TEX International, North identify the subject firm title name to Western Lumber/Wood Products, Carolina Finishing Division, Salisbury, read ‘‘Genicom Corporation, currently Green Mt. Longview Lumber, NC; Notice of Affirmative known as IER, Inc.’’. Longview, WA Determination Regarding Application The amended notice applicable to TA–W–37,848 is hereby issued as Affirmative Determinations NAFTA– for Reconsideration follows: TAA By letter of February 4, 2001, a All workers of Genicom Corporation, NAFTA–TAA–04407; Morris Material petition requested administrative currently known as IER, Inc., Temple, Texas Handling, Inc., Oak Creek, WI: who became totally or partially separated December 18, 1999. reconsideration of the Department of Labor’s Negative Determination from employment on or after June 16, 1999 NAFTA–TAA–04412; VF Imagewear through August 18, 2002 are eligile to apply East (Formerly VF Knitwear), North Regarding Eligibility to Apply for for adjustment assistance under Section 223 Wilkesboro, NC: December 18, Worker Adjustment Assistance of the Trade Act of 1974. 1999. applicable to workers of the subject Signed at Washington, DC this 18th day of NAFTA–TAA–04543; Agrifrozen Foods, firm. The negative determination was April, 1999. Woodburn, OR: February 9, 2000. signed on January 12, 2001, and Linda G. Poole, NAFTA–TAA–04405 & A; VF Imagewear published in the Federal Register on Certifying Officer, Office of Trade Adjustment East (Formerly VF Knitwear), February 8, 2001 (66 FR 9599). Assistance. Martinsville, VA and Basset, VA: The Department’s review of the [FR Doc. 01–11104 Filed 5–2–01; 8:45 am] December 13, 1999. application shows that the information BILLING CODE 4510–30–M NAFTA–TAA–04673; Maxi Switch, Inc., provided supports additional survey of Tucson, AZ: March 26, 2000. the subject firm customers. NAFTA–TAA–04465; Vision Legwear, DEPARTMENT OF LABOR LLC, Plant 1 and Plant 2, Spruce Conclusion Pine, NC: January 17, 2000. Employment and Training NAFTA–TAA–04404 & A; Hedstrom After careful review of the Administration Lumber Co., Inc., Two Harbors Div., application, I conclude that the claim is Two Harbors, MN and Grand of sufficient weight to justify [TA–W–39,031] Marais Div., Grand Harais, MN: reconsideration of the Department of IER, Inc. Temple, TX; Notice of December 26, 1999. Labor’s prior decision. The application Termination of Investigation NAFTA–TAA–04654; Burns Philip is, therefore, granted. Food, Inc., Fleischmann’s Yeast, Signed at Washington, DC this 16th day of Pursuant to Section 221 of the Trade Oakland, CA: March 9, 2000. April 2001. Act of 1974, an investigation was NAFTA–TAA–04538; Chinatex initiated on April 16, 2001 in response America, Inc., New York, NY: Linda G. Poole, to a worker petition which was filed on January 26, 2000. Certifying Officer, Division of Trade behalf of workers at IER, Inc., Temple, NAFTA–TAA–04500; Merit Abrasive Adjustment Assistance. Texas. Products, Compton, CA: January 30, [FR Doc. 01–11106 Filed 5–2–01; 8:45 am] An active certification covering the 2000. BILLING CODE 4510–30–M petitioning group of workers is already
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in effect (TA–W–37,848, as amended). Signed in Washington, DC this 23rd day of Signed at Washington, DC this 16th day of Consequently, further investigation in April, 2001. April, 2001. this case would serve no purpose, and Linda G. Poole, Linda G. Poole, the investigation has been terminated. Certifying Officer, Division Trade Adjustment Certifying Officer, Division of Trade Adjustment Assistance. Signed in Washington, DC this 18th day of Assistance. April, 2001. [FR Doc. 01–11098 Filed 5–2–01; 8:45 am] [FR Doc. 01–11103 Filed 5–2–01; 8:45 am] BILLING CODE 4510–30–M Linda G. Poole, BILLING CODE 4510–30–M Certifying Officer, Division of Trade Adjustment Assistance. DEPARTMENT OF LABOR [FR Doc. 01–11100 Filed 5–2–01; 8:45 am] DEPARTMENT OF LABOR BILLING CODE 4510–30–M Employment and Training Employment and Training Administration Administration DEPARTMENT OF LABOR [TA–W–38,430] [TA–W–38,486] Employment and Training Unilever-Bestfoods, Lipton, Conopco, Administration TYCO Electronics, The Thomas and Inc., Dallas, TX; Amended Certification Betts Corporation, Irvine, CA; Regarding Eligibility to Apply for [TA–W–38,622] Amended Certification Regarding Worker Adjustment Assistance Eligibility to Apply for Worker In accordance with section 223 of the Mauston Tank, Inc., Mauston, WI; Adjustment Assistance Notice of Termination of Investigation Trade Act of 1974 (19 U.S.C. 2273) the U.S. Department of Labor issued a In accordance with Section 223 of the Certification of Eligibility to Apply for Pursuant to Section 221 of the Trade Trade Act of 1974 (19 U.S.C. 2273) the Worker Adjustment Assistance on Act of 1974, an investigation was Department of Labor issued a initiated on February 5, 2001, in February 5, 2001, applicable to workers Certification of Eligibility to Apply for of Unilever-Bestfoods, Lipton, Dallas, response to a petition filed by a Worker Adjustment Assistance on company official on the same date on Texas. The notice was published in the February 6, 2001, applicable to workers Federal Register on March 2, 2001 (66 behalf of workers at Mauston Tank, Inc., of Tyco Electronics, Irvine, California. Mauston, Wisconsin. FR 13086). The notice was published in the Federal At the request of the State agency, the The company official submitting the Register on March 2, 2001 (66 FR Department reviewed the certification petition has requested that the petition 13086). for workers of the subject firm. The be withdrawn. Consequently, further At the request of the State agency, the workers are engaged in the production investigation in this case would serve Department reviewed the certification of 50 pound bulk margarine cubes. New no purpose, and the investigation has information shows that some workers been terminated. for workers of the subject firm. The workers are engaged in the production separated from employment at Unilever- Signed in Washington, DC this 20th day of of electronic connectors and cable Bestfoods, Lipton had their wages April, 2001. assemblies. Information received from reported under a separate Linda G. Poole, the State shows that Tyco Electronics unemployment insurance (UI) tax account for Conopco, Inc., a company Certifying Officer, Division of Trade purchased The Thomas and Betts Adjustment Assistance. established by the subject firm to handle Corporation in July, 2000. Information worker compensation nationwise. [FR Doc. 01–11099 Filed 5–2–01; 8:45 am] also shows that some workers separated BILLING CODE 4510–30–M The intent of the Department’s from employment at Tyco Electronics certification is to include all workers of had their wages reported under a Unilever-Bestfoods, Lipton, who were DEPARTMENT OF LABOR separate unemployment insurance (UI) adversely affected by increased imports tax account for The Thomas and Betts of margarine. Employment and Training Corporation. Accordingly, the Department is Administration Accordingly, the Department is amending the certification to properly amending the certification to reflect this reflect this matter. [TA–W–38,476] matter. The amended notice applicable to The intent of the Department’s TA–W–38,430 is hereby issued as Raider Apparel Inc., Alma, GA; Notice follows: of Termination of Investigation certification is to include all workers of Tyco Electronics, Irvine, California who All workers of Unilever-Bestfoods, Lipton, Conopco, Inc., Dallas, Texas, who became Pursuant to Section 221 of the Trade were adversely affected by increased imports. totally or partially separated from Act of 1974, an investigation was employment on or after December 5, 1999, initiated on December 27, 2000 in The amended notice applicable to through February 5, 2003, are eligible to response to a petition filed on behalf of TA–W–38,486 is hereby issued as apply for adjustment assistance under workers at Raider Apparel Inc., Alma, follows: Section 223 of the Trade Act of 1974. Georgia. ‘‘All workers of Tyco Electronics, The Signed at Washington, DC this 23rd day of An active certification covering the Thomas and Betts Corporation, Irvine, April, 2001. petitioning group of workers remains in California who became totally or partially Linda G. Poole, effect (TA–W–36,121). Consequently, separated from employment on or after Certifying Officer, Division of Trade further investigation in this case would December 11, 1999 through February 6, 2003 Adjustment Assistance. serve no purpose, and the investigation are eligible to apply for adjustment assistance [FR Doc. 01–11105 Filed 5–2–01; 8:45 am] has been terminated. under Section 223 of the Trade Act of 1974.’’ BILLING CODE 4510–30–M
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DEPARTMENT OF LABOR evaluate the impact of State and Federal Dated: April 20, 2001. legislation with respect to Grace A. Kilbane, Employment and Training disqualifications. Administrator, Office of Workforce Security. Administration II. Review Focus [FR Doc. 01–11097 Filed 5–2–01; 8:45 am] BILLING CODE 4510–30–P ETA 207, Nonmonetary Determination The Department of Labor is Activities Report particularly interested in comments which: ACTION: Notice. DEPARTMENT OF LABOR • evaluate whether the proposed SUMMARY: The Department of Labor, as collection of information is necessary Employment and Training part of its continuing effort to reduce for the proper performance of the Administration paperwork and respondent burden, functions of the agency, including conducts a pre-clearance consultation whether the information will have Workforce Investment Act of 1998 program to provide the general public practical utility; (WIA); Notice of Incentive Funding Availability and Federal agencies with an • evaluate the accuracy of the opportunity to comment on proposed agency’s estimate of the burden of the AGENCY: Employment and Training and/or continuing collections of proposed collection of information, Administration (ETA), Labor. information in accordance with the including the validity of the ACTION: Notice of incentive funding Paperwork Reduction Act of 1995 methodology and assumptions used; availability for the Workforce (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This • enhance the quality, utility, and Investment Act of 1998. program helps to ensure that requested clarity of the information to be data can be provided in the desired collected; and * minimize the burden of SUMMARY: The Department of Labor, in format, reporting burden (time and the collection of information on those collaboration with the Department of financial resources) is minimized, who are to respond, including through Education, announces that six States, collection instruments are clearly the use of appropriate automated, (Florida, Indiana, Kentucky, Texas, Utah understood, and the impact of collection electronic, mechanical, or other and Vermont), are eligible to apply for requirements on respondents can be technological collection techniques or WIA incentive awards under the WIA properly assessed. Currently, the other forms of information technology, Regulations. Employment and Training e.g., permitting electronic submissions DATE: The six eligible States must Administration is soliciting comments of responses. concerning the proposed extension submit their applications for incentive collection of the ETA 207, Nonmonetary III. Current Actions funding to the Department of Labor by June 18, 2001. Determinations Report. The continued collection of the A copy of the proposed information information contained on the ETA 207 FOR FURTHER INFORMATION CONTACT: Mr. collection request (ICR) can be obtained report is necessary to enable the William Rabung (e-mail: by contacting the office listed below in national office to continue evaluating [email protected]), Office of the addressee section of this notice. State performance in the nonmonetary Workforce Security, U.S. Department of DATES: Written comments must be determination area and to continue Labor, Employment and Training submitted to the office listed in the using the data as a key input to the Administration, 200 Constitution addressee section below on or before administrative funding process. Avenue NW., Room S–4231, July 2, 2001. Type of Review: Extension without Washington, DC 20210, telephone: (202) ADDRESSES: Diann Lowery, U.S. change. 693–3190 (voice) (This is not a toll-free Department of Labor, Employment and Agency: Employment and Training number) or 1–800–326–2577 (TDD). Training Administration, Office of Administration (ETA). Information may also be found at the website: http://usworkforce.org. Workforce Security, 200 Constitution Title: Nonmonetary Determinations Avenue NW, Frances Perkins Bldg. Report. SUPPLEMENTARY INFORMATION: Six States Room S–4516, Washington, DC 20210. OMB Number: 1205–0150. that took the lead on implementing Telephone number 202–693–33210 (this Agency Number: ETA 207. provisions of the Workforce Investment Act, (WIA), one year ahead of the full is not a toll-free number). FAX number Affected Public: State and Local implementation date, have qualified for 202–693–3229. Governments. a share of the $10.08 million available SUPPLEMENTARY INFORMATION: Total Respondents: 53. for incentive grant awards. These funds, I. Background Frequency: Quarterly. authorized by 20 CFR 666.220, are The ETA 207 Report, Nonmonetary Total Responses: 212. available for a three year period to Determinations, contains State data on Average Time per Response: 4.22 support innovative workforce system the number and types of issues that hours. building activities which are eligible arise and data on the denials of benefits Estimated Total Burden Hours: 896 under title I or title II of WIA, or under that may result due to reasons hours. the Perkins Act (Perkins III). associated with a claimant’s reason for Total Burden Cost (capital/startup): 0. In order to qualify for a grant award, separation from work such as voluntary Total Burden Cost (operating/ a State must have exceeded performance leaving, or questions of continuing maintaining): 0. levels, agreed to by the Secretaries, eligibility such as refusal of suitable Comments submitted in response to Governor, and State Education Officer, work. These data are used by the Office this comment request will be for outcomes in State operated of Workforce Security (OWS) to summarized and/or included in the employment and adult education determine workload counts, to enable request for Office of Management and programs. The goals included placement the OWS to evaluate the adequacy and Budget approval of the information after training, retention in employment, effectiveness of nonmonetary collection request; they will also and improvement in literacy levels, determination procedures, and to become a matter of public record. among other measures.
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The States eligible to apply for assistance, hereinafter called (NAFTA– The amended notice applicable to incentive grant awards, and the amount TAA), and in accordance with section NAFTA–04392 is hereby issued as they are eligible to receive are Florida, 250(a), subchapter D, chapter 2, title II, follows: $2,645,125; Indiana, $1,308,726; of the Trade Act of 1974, as amended All workers of Unilever-Bestfoods, Lipton, Kentucky, $1,400,631; Texas, (19 U.S.C. 2273), an investigation was Conopco, Inc., Dallas, Texas, who became $3,000,000; Utah, $882,167; and initiated on March 8, 2001, in response totally or partially separated from Vermont $843,351. The six eligible to a petition filed on behalf of workers employment on or after December 5, 1999, States must submit their applications for at Eagle Knits of Stanfield, Inc., through February 5, 2003, are eligible to incentive funding to the Department of Norwood, North Carolina. apply for NAFTA–TAA under Section 250 of Labor by June 18, 2001. As set forth in The petitioner requested that the the Trade Act of 1974. the provisions of WIA section 503(b)(2), petition for NAFTA–TAA be Signed at Washington, DC, this 23rd day of and 20 CFR 666.220(b), the application withdrawn. Consequently, further April, 2001. must include assurances that: investigation in this case would serve Linda G. Poole, A. The legislature of the State was no purpose, and the investigation has Certifying Officer, Division of Trade consulted with respect to the been terminated. Adjustment Assistance. development of the application. [FR Doc. 01–11102 Filed 5–2–01; 8:45 am] B. The application was approved by Signed at Washington, DC, this 24th day of April, 2001. BILLING CODE 4510–30–M the Governor, the eligible agency for adult education (as defined in section Linda G. Poole, 203 of WIA), and the State agency Certifying Officer, Division of Trade OFFICE OF MANAGEMENT AND responsible for vocational and technical Adjustment Assistance. BUDGET education programs. [FR Doc. 01–11107 Filed 5–2–01; 8:45 am] BILLING CODE 4510–30–M C. The State and the eligible State Office of Federal Procurement Policy; agency, as appropriate, exceeded the Determination of Executive State adjusted levels of performance for DEPARTMENT OF LABOR Compensation Benchmark Amount WIA title I, and the expected levels of Pursuant to Section 808 of Public Law performance for WIA title II. Employment and Training 105–85 In addition, States are requested to Administration provide a description of the planned use AGENCY: Office of Federal Procurement of incentive grants as part of the [NAFTA–04392] Policy, OMB. application process, to ensure that the ACTION: Notice. State’s planned activities are innovative Unilever-Bestfoods, Lipton, Conopco, and are authorized under the WIA Title Inc., Dallas, Texas; Amended SUMMARY: The Office of Management I, the Adult Education and Family Certification Regarding Eligibility To and Budget (OMB) is hereby publishing Literacy Act, and/or the Perkins Act as Apply for NAFTA-Transitional the attached memorandum to heads of amended, as required by WIA Section Adjustment Assistance agencies concerning the determination 503(a). of the maximum ‘‘benchmark’’ These applications may take the form In accordance with Section 250(A), compensation that will be allowable of a letter from the Governor, or Subchapter D, Chapter 2, Title II, of the under government contracts during designee, to the Deputy Assistant Trade Act of 1974 (19 U.S.C. 2273), the contractors’ FY 2001—$374,228. This Secretary of Labor, Raymond J. Uhalde, Department of Labor issued a determination is required to be made Attention: William Rabung, 200 Certification for NAFTA Transitional pursuant to section 808 of Pub. L. 105– Constitution Avenue, Room S–4231, Adjustment Assistance on February 5, 85. It applies equally to both defense Washington, DC 20210. The States will 2001, applicable to workers of Unilever- and civilian procurement agencies. receive their incentive grant awards this Bestfoods, Lipton, Dallas, Texas. The FOR FURTHER INFORMATION CONTACT: summer. notice was published in the Federal Richard C. Loeb, Executive Secretary, Register on March 2, 2001 (66 FR Cost Accounting Standards Board, OFPP Signed at Washington, D.C., on April 27, 13087). 2001. on (202) 395–3254. At the request of the State agency, the Raymond J. Uhalde, Department reviewed the certification Sean O’Keefe, Deputy Assistant Secretary of Labor, for workers of the subject firm. The Deputy Director. Employment and Training Administration. workers are engaged in the production [FR Doc. 01–11096 Filed 5–2–01; 8:45 am] To The Heads of Executive Departments and of 50 pound bulk margarine cubes. New Agencies BILLING CODE 4510–30–P information shows that some workers Subject: Determination of Executive separated from employment at Unilever- Compensation Benchmark Amount DEPARTMENT OF LABOR Bestfoods, Lipton had their wages Pursuant to Section 808 of Pub. L. 105–85 reported under a separate This memorandum sets forth the Employment and Training unemployment insurance (UI) tax ‘‘benchmark compensation amount’’ as Administration account for Conopco, Inc., a company required by section 39 of the Office of established by the subject firm to handle Federal Procurement Policy (OFPP) Act (41 [NAFTA–4618] worker compensation nationwide. U.S.C. 435), as amended. Under section 39, Accordingly, the Department is the ‘‘benchmark compensation amount’’ is Eagle Knits of Stanfield Inc., Norwood, ‘‘the median amount of the compensation NC; Notice of Termination of amending the certification to properly reflect this matter. provided for all senior executives of all Investigation benchmark corporations for the most recent The intent of the Department’s year for which data is available.’’ The Pursuant to title V of the North certification is to include all workers of ‘‘benchmark compensation amount’’ American Free Trade Agreement Unilever-Bestfoods, Lipton, who were established as directed by section 39 limits Implementation Act (Pub. L. 103–182) adversely affected by a shift of the allowability of compensation costs under concerning transitional adjustment production of margarine to Canada. government contracts. The ‘‘benchmark
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compensation amount’’ does not limit the NATIONAL AERONAUTICS AND ACTION: Notice of prospective patent compensation that an executive may SPACE ADMINISTRATION AGENCY license. otherwise receive. Based on a review of commercially [Notice 01–055] SUMMARY: NASA hereby gives notice available surveys of executive compensation that OptoGel, Inc., of Ashlawn, and after consultation with the Director of Information Collection: Submission for Pennsylvania, has applied for an the Defense Contract Audit Agency, I have OMB Review, Comment Request exclusive license to practice the determined pursuant to the requirements of invention disclosed in NASA Case No. section 39 that the benchmark compensation AGENCY: National Aeronautics and amount for contractor fiscal year 2001 is Space Administration (NASA). GSC–13, 13–1 entitled ‘‘Sol-Gel Processing to Form Sol-Gel Monoliths $374,228. This benchmark compensation ACTION: Notice of agency report forms Inside Hollow Core Optical Fiber and amount is to be used for contractor fiscal year under OMB review. 2001, and subsequent contractor fiscal years, Sol-Gel Fiber Devices Made Thereby,’’ unless and until revised by OMB. This SUMMARY: The National Aeronautics and for which a U.S. Patent Application was benchmark compensation amount applies to Space Administration has submitted to filed and assigned to the United States contract costs incurred after January 1, 2001, of America as represented by the under covered contracts of both the defense the Office of Management and Budget (OMB) the following proposal for the Administrator of the National and civilian procurement agencies as Aeronautics and Space Administration. specified in section 808 of Pub. L. 105–85. collection of information under the Questions concerning this memorandum provisions of the Paperwork Reduction Publication of this notice is not a may be addressed to Richard C. Loeb, Act (44 U.S.C. Chapter 35). determination by NASA that the requested license will be granted, and Executive Secretary, Cost Accounting DATES: Comments on this proposal Standards Board, OFPP, on (202) 395–3254. should be received on or before June 4, NASA, in the absence of any objections Sean O’Keefe, 2001. or after reviewing any objections to this Deputy Director. notice, may decide to grant the license ADDRESSES: All comments should be [FR Doc. 01–11060 Filed 5–2–01; 8:45 am] as requested, grant co-exclusive or addressed to Desk Officer for NASA; BILLING CODE 3110–01–U partially exclusive licenses, grant a Office of Information and Regulatory nonexclusive license, or not grant any Affairs; Office of Management and license at all. Written objections to the Budget; Room 10236; New Executive prospective grant of a license should be FEDERAL MINE SAFETY AND HEALTH Office Building; Washington, DC 20503. REVIEW COMMISSION sent to Goddard Space Flight Center. FOR FURTHER INFORMATION CONTACT: Ms. DATES: Responses to this notice must be Sunshine Act Meeting Nancy Kaplan, NASA Reports Officer, received by July 2, 2001. (202) 358–1372. FOR FURTHER INFORMATION CONTACT: April 30, 2001. Reports: None. Diana Cox, Goddard Space Flight Title: AST—Technology Utilization. TIME AND DATE: 11:15 a.m., Monday, Center, Office of the Patent Counsel, April 30, 2001. OMB Number: 2700–0009. Type of review: Extension. Mail Code 710.1, Greenbelt, MD 20771, PLACE: Room 6005, 6th Floor, 1730 K telephone (301) 286–7351. Street, NW., Washington, DC. Need and Uses: NASA is required to collect, and NASA contractors/ Dated: April 27, 2001. STATUS: Open. recipients performing research and Edward A. Frankle, MATTERS TO BE CONSIDERED: The development are required to actively General Counsel. Commission will consider whether to search for, identify, and report [FR Doc. 01–11065 Filed 5–2–01; 8:45 am] postpone the May 2, 2001, Commission promptly, all new technologies (i.e., BILLING CODE 7510–01–U meeting regarding Eagle Energy, Inc., ‘‘inventions, discoveries, improvements, Docket No. WEVA 98–123. and innovations’’) resulting from work No earlier announcement of the performed under such contracts and meeting was possible. NUCLEAR REGULATORY agreements. COMMISSION Federal Register CITATION OF PREVIOUS Affected Public: Business or other for- ANNOUNCEMENT: Vol. 66, No. 83, at profit, Not-for-profit institutions. Agency Information Collection 21,416, April 30, 2001. Number of Respondents: 372. Activities: Submission for the Office of PREVIOUSLY ANNOUNCED TIME AND DATE: Responses Per Respondent: 2.5. Management and Budget (OMB) 10 a.m., Wednesday, May 2, 2001. Annual Responses: 930. Review; Comment Request PLACE: Room 6005, 6th Floor, 1730 K Hours Per Request: 3⁄4 to 1 hour. Street, NW., Washington, DC. Annual Burden Hours: 895. AGENCY: Nuclear Regulatory Commission (NRC). STATUS: Closed in Part [Pursuant to 5 Frequency of Report: Annually. U.S.C. 552b(c)(10)]. ACTION: Notice of the OMB review of David B. Nelson, information collection and solicitation CHANGES IN MEETING: The Commission Deputy Chief Information Officer, Office of of public comment. has postponed the Commission meeting the Administrator. to consider and act upon Eagle Energy, [FR Doc. 01–11064 Filed 5–2–01; 8:45 am] SUMMARY: The NRC has recently Inc., Docket No. WEVA 98–123, until 10 BILLING CODE 7510–01–U submitted to OMB for review the a.m., Wednesday, May 30, 2001. following proposal for the collection of CONTACT PERSON FOR MORE INFO: Jean information under the provisions of the Ellen, (202) 653–5629/(202) 708–9300 NATIONAL AERONAUTICS AND Paperwork Reduction Act of 1995 (44 for TDD Relay/1–800–877–8339 for toll SPACE ADMINISTRATION U.S.C. Chapter 35). 1. Type of submission, new, revision, free. [Notice 01–056] or extension: Revision. Jean H. Ellen, Notice of Prospective Patent License 2. The title of the information Chief Docket Clerk. collection: ‘‘Licensee Event Report’’. [FR Doc. 01–11327 Filed 5–1–01; 3:43 pm] AGENCY: National Aeronautics and 3. The form number if applicable: BILLING CODE 6735–01–M Space Administration. NRC Form 366.
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4. How often the collection is NUCLEAR REGULATORY For the Nuclear Regulatory Commission. required: On occasion. COMMISSION David B. Matthews, 5. Who will be required or asked to Director, Division of Regulatory Improvement report: Holders of operating licenses for [Docket No. 50–313] Programs, Office of Nuclear Reactor commercial nuclear power plants. Regulation. Entergy Operations, Inc., Arkansas [FR Doc. 01–11109 Filed 5–2–01; 8:45 am] 6. An estimate of the number of Nuclear One, Unit 1, Notice of BILLING CODE 7590–01–P responses: 1130 annually. Availability of the Final Supplement 3 7. The estimated number of annual to the Generic Environmental Impact respondents: 104. Statement Regarding the License NUCLEAR REGULATORY 8. An estimate of the total number of Renewal of Arkansas Nuclear One, COMMISSION Unit 1 hours needed annually to complete the Meeting Concerning the Revision of requirement or request: 56,500. Notice is hereby given that the U. S. the Oversight Program for Nuclear 9. An indication of whether Section Nuclear Regulatory Commission (the Fuel Cycle Facilities 3507(d), Pub. L. 104–13 applies: Not Commission) has published a final applicable. plant-specific Supplement 3 to the AGENCY: Nuclear Regulatory Commission (NRC). 10. Abstract: With NRC Forms 366, Generic Environmental Impact ACTION: 366A, and 366B, the NRC collects Statement (GEIS), NUREG–1437, Notice of public meeting. reports of the types of reactor events and regarding the renewal of operating license DPR–51 for an additional 20 SUMMARY: NRC will hold a public problems that are believed to be meeting at the Information Age Park significant and useful to the NRC in its years of operation at Arkansas Nuclear One, Unit 1 (ANO–1). ANO–1 is located Resource Center at 2000 McCracken efforts to identify and resolve threats to Boulevard, Paducah, Kentucky, to public safety. They are designed to in Pope County, Arkansas. Possible alternatives to the proposed action provide the local public, facility provide the information necessary for employees, citizens’ groups, and local engineering studies of operational (license renewal) include no action and reasonable alternative energy sources. officials with information about, and an anomalies and trends and patters opportunity to provide views on, how analysis of operational occurrences. The In Section 9.3 of the report, the staff concludes: the NRC plans to revise and improve its same information can be used for other oversight program for nuclear fuel cycle analytic procedures that will aid in The staff recommends that the Commission facilities. The oversight program applies identifying accident precursors. determine that the adverse environmental impacts of license renewal for ANO–1 are not to commercial nuclear fuel cycle A copy of the final supporting so great that preserving the option of license facilities regulated under 10 CFR parts statement may be viewed free of charge renewal for energy planning decisionmakers 40, 70, and 76. The facilities currently at the NRC Public Document Room, One would be unreasonable. This include gaseous diffusion plants, highly White Flint North, 11555 Rockville recommendation is based on (1) the analysis enriched uranium fuel fabrication Pike, Room O–1 F23, Rockville, MD and findings in the Generic Environmental facilities (one of which is NFS), low- 20852. OMB clearance requests are Impact Statement for License Renewal of enriched uranium fuel fabrication available at the NRC worldwide web Nuclear Power Plants, NUREG–1437; (2) the facilities, and a uranium hexafluoride Entergy ER [Environmental Report]; (3) site: http://www.nrc.gov/NRC/PUBLIC/ (UF6) production facility. These consultation with other Federal, State, and OMB/index.html. The document will be local agencies; (4) the staff’s own facilities possess large quantities of available on the NRC home page site for independent review; and (5) the staff’s materials that are potentially hazardous 60 days after the signature date of this consideration of public comments. (i.e., radioactive, toxic, and/or notice. flammable) to the workers, public, and The final Supplement 3 to the GEIS is Comments and questions should be environment. Also, some of the facilities available electronically for public possess information and material directed to the OMB reviewer listed inspection in the NRC Public Document below by June 4, 2001. Comments important to national security. In this Room located at One White Flint North, area, the NRC regulates both the received after this date will be 11555 Rockville Pike (first floor), considered if it is practical to do so, but Paducah Gaseous Diffusion Plant Rockville, Maryland, or from the operated by the United States assurance of consideration cannot be Publicly Available Records (PARS) given to comments received after this Enrichment Corporation, and the component of NRC’s document system Honeywell Specialty Chemicals date. Amy Farrell, Office of Information (ADAMS). ADAMS is accessible from and Regulatory Affairs (3150–0104), uranium conversion facility in the NRC Web site at http://www.nrc.gov/ Metropolis, Illinois. NEOB–10202, Office of Management NRC/ADAMS/index.html (the Public and Budget, Washington, DC 20503. The goal of this revision project is to Electronic Reading Room). have an oversight program that: (1) Comments can also be submitted by FOR FURTHER INFORMATION, CONTACT: Mr. provides earlier and more objective telephone at (202) 395–7318. Thomas J. Kenyon, Generic Issues, indications of facility performance in The NRC Clearance Officer is Brenda Environmental, Financial, and the areas of safety and national security, Jo. Shelton, 301–415–7233. Rulemaking Branch, Division of (2) increases stakeholder confidence in Regulatory Improvement Programs, U.S. the NRC, and (3) increases regulatory Dated at Rockville, Maryland, this 27th day Nuclear Regulatory Commission, of April 2001. effectiveness, efficiency, and realism. To Washington, DC 20555. Mr. Kenyon this end, the NRC is striving to make the For the Nuclear Regulatory Commission. may be contacted at (301) 415–1120 or oversight program more risk-informed Beth St. Mary, by writing to: Thomas J. Kenyon, U.S. and performance-based. The oversight Acting NRC Clearance Officer, Office of the Nuclear Regulatory Commission, MS 0– revision project is described in SECY– Chief Information Officer. 11 F1, Washington, DC 20555. 99–188, ‘‘Evaluation and Proposed [FR Doc. 01–11110 Filed 5–2–01; 8:45 am] Dated at Rockville, Maryland, this 5th day Revision of the Nuclear Fuel Cycle BILLING CODE 7590–01–P of April, 2001. Facility Oversight Program Nuclear Fuel
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Cycle Facility Safety Inspection Accident Vulnerabilities, 10 CFR be noted that the staff’s reviews were Program,’’ and in SECY–00–0222, 50.54(f).’’ Associated guidance for not intended to validate or verify the ‘‘Status of Revision.’’ SECY–99–188 and conduct of the IPEEEs was issued in licensees’ IPEEEs analyses or results SECY–00–0222, as well as other June 1991 in NUREG–1407, ‘‘Procedural (i.e., an in-depth evaluation of the background information, are available in and Submittal Guidance for the various inputs, assumptions, and the Public Document Room and on the Individual Plant Examination of calculations was not performed). Rather, NRC Web Page at http://www.nrc.gov. External Events (IPEEE) for Severe methods, approaches, assumptions, and Accident Vulnerabilities.’’ Specifically, Purpose of Meeting results were reviewed for the Nuclear Regulatory Commission reasonableness. If inconsistencies were To obtain stakeholder views for requested that each licensee perform an encountered, they were reported in the improving the NRC oversight program IPEEE to identify and report to the plant-specific IPEEE Technical for ensuring fuel cycle licensees and Nuclear Regulatory Commission all Evaluation Reports. certificate holders maintain protection plant-specific vulnerabilities to severe The draft report NUREG–1742, of worker and public health and safety, accidents caused by external events. ‘‘Perspectives Gained from the protection of the environment, and This review was limited to plant Individual Plant Examination of safeguards for special nuclear material behavior under full-power operating External Events (IPEEE) Program’’ and classified matter in the interest of conditions. The external events to be summarizes the findings from the national security. The public meeting considered included seismic events; review of the licensees’ IPEEE will focus on the revisions that are being internal fires; and high winds, floods, submittals. The public is invited to made to the program, and on how and other (HFO) external initiating provide feedback on this draft report. interested parties can provide input to events including transportation or As part of the IPEEE program, some the change process. nearby facility accidents and plant- generic issues were addressed by the DATE AND LOCATION: Members of the unique hazards. All currently operating licensees in their submittals. As noted public, industry, and other stakeholders nuclear power plants in the United in draft NUREG–1742, while this has are invited to attend and participate in States have completed their assessments resulted in resolution of most of the the meeting, which is scheduled for 7 to and submitted their analyses to the generic issues related to the IPEEE 8 p.m. on Wednesday, May 16, 2001. NRC. program, some aspects of some generic The meeting will be held in the Consistent with the intent of Generic issues were not sufficiently discussed in Resource Center at the Paducah Letter 88–20, the primary goal of the all submittals to reach a resolution. Information Age Park in Paducah, IPEEE program has been for each Those remaining issues will be Kentucky. licensee to identify plant-specific addressed separately from the IPEEE FOR FURTHER INFORMATION CONTACT: vulnerabilities to severe accidents. More program. Patrick Castleman, Office of Nuclear specifically, Supplement 4 to Generic Letter 88–20 identified the following SUPPLEMENTARY INFORMATION: This Material Safety and Safeguards, U.S. notice serves as a request for public Nuclear Regulatory Commission, four objectives for the IPEEE: • To develop an appreciation of comment on the Nuclear Regulatory Washington, DC 20555, telephone (301) Commission’s draft report NUREG– 415–8118, e-mail [email protected]. severe accident behavior, • To understand the most likely 1742, ‘‘Perspectives Gained from the Dated at Rockville, Maryland this 27th day severe accident sequences that could Individual Plant Examination of of April 2001. occur at the licensee’s plant under full- External Events (IPEEE) Program,’’ that For the Nuclear Regulatory Commission. power operating conditions, is dated April 2001 (web address: Patrick Castleman, • To gain a qualitative understanding http://www.nrc.gov/NRC/NUREGS/ Project Manager, Inspection Section, Safety of the overall likelihood of core damage SR1742/V1/index.html). Only written and Safeguards Support Branch, Division of and fission product releases, and comments are requested. Feedback is Fuel Cycle Safety and Safeguards. • To reduce, if necessary, the overall especially requested on the following [FR Doc. 01–11111 Filed 5–2–01; 8:45 am] likelihood of core damage and specific questions. BILLING CODE 7590–01–P radioactive material releases by 1. Does the information contained in modifying, where appropriate, hardware NUREG–1742 represent a useful and procedures that would help prevent understanding of the potential NUCLEAR REGULATORY or mitigate severe accidents. vulnerabilities of nuclear power plants COMMISSION The primary objective of the NRC’s to external events? How will the technical review process was to information in this report be used by NUREG–1742, ‘‘Perspectives Gained ascertain the extent to which the various stakeholders? What would make From the Individual Plant Examination licensee’s IPEEE submittals have the information more useful? of External Events (IPEEE) Program’’; achieved the intent of Generic Letter 2. Are there another comparisons of Draft for Comment 88–20, satisfied the four principle IPEEE information from the IPEEE submittals AGENCY: Nuclear Regulatory objectives listed above, and followed the that would yield useful insights? If so, Commission. recommended guidance in NUREG– what comparisons would be useful? ACTION: Notice of availability of the draft 1407. The reviews focused on verifying Why? report for comment NUREG–1742, that the critical elements of acceptable 3. Given the information from the ‘‘Perspectives Gained from the IPEEE analyses in the fire, seismic, and IPEEE submittals on the risk from fire, Individual Plant Examination of HFO areas were performed in seismic and other external events, is External Events (IPEEE) Program’’. accordance with the guidelines in additional research needed to improve NUREG–1407. Results of the reviews of methods, reduce uncertainties, or SUMMARY: The Nuclear Regulatory each IPEEE are documented in plant- resolve issues? If so, what research Commission issued on June 28, 1991, specific Staff Evaluation Reports and should be pursued and why? If not, why Supplement 4 to Generic Letter 88–20, Technical Evaluation Reports which not? ‘‘Individual Plant Examination of were transmitted to each licensee and 4. Potential plant improvements, External Events (IPEEE) for Severe made publically available. It should also identified by licensees in their
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submittals, can be divided into three FEMA–REP–1, Rev. 1, ‘‘Criteria for Addenda to NUREG–0654/FEMA–REP– general categories—improvements that Preparation and Evaluation of 1, Rev. 1, ‘‘Criteria for Preparation and (1) have been completed, (2) will be Radiological Emergency Response Plans Evaluation of Radiological Emergency made, or (3) will receive further and Preparedness in Support of Nuclear Response Plans and Preparedness in consideration. Are there any Power Plants.’’ This NUREG is the basic Support of Nuclear Power Plants.’’ improvements in either of the last two emergency planning guidance document NUREG–0654/FEMA–REP–1, Rev. 1, categories that have been completed and for radiological emergency planning and was issued in November 1980 and is the that resulted in a significant change in preparedness for commercial nuclear basic emergency planning guidance a plant’s ability to withstand potential power plants and is used by licensees document for radiological emergency external events? If so, what are the and by State and local government planning and preparedness for improvements and the related changes emergency response agencies to develop commercial nuclear power plants. to the plant’s capability? and maintain radiological emergency NUREG–0654/FEMA–REP–1, Rev. 1, 5. How can the results of the IPEEE plans for nuclear power plants. is used by licensees and by State and program be used to (1) maintain safe DATE: The comment period ends August local government emergency response operations of nuclear facilities; (2) make 1, 2001, of this Federal Register notice. agencies to develop and maintain NRC activities and decisions more ADDRESSES: Submit written comments radiological emergency plans for effective, efficient, and reliable; (3) to: Chief, Rules and Directives Branch, nuclear power plants. NUREG–0654/ increase public confidence; or (4) Division of Administrative Services, FEMA–REP–1, Rev. 1, is also used by reduce unnecessary regulatory burden Office of Administration, U.S. Nuclear staff of the NRC and FEMA to review, on stakeholders? Regulatory Commission, Washington, respectively, licensee and State and FOR FURTHER INFORMATION CONTACT: DC 20555–0001. local government radiological Written comments may be sent to Dr. Hand-deliver comments to 11545 emergency plans and preparedness, and Alan M. Rubin, Probabilistic Risk Rockville Pike, Rockville, Maryland to make findings and determinations Analysis Branch, Division of Risk between 7:15 a.m. and 4:30 p.m. on regarding the adequacy of these plans. Analysis and Applications, Office of Federal workdays. As part of FEMA’s strategic review of its Nuclear Regulatory Research, Mail Stop Those considering public comment radiological emergency preparedness T10E50, U.S. Nuclear Regulatory may request a free single copy of the program, FEMA and NRC staff Commission, Washington, DC 20555, or Draft Addenda to NUREG–0654/FEMA– determined that it was not necessary to e-mail: [email protected]. REP–1, Rev. 1, by writing to: revise NUREG–0654/FEMA–REP–1, DATES: Submit comments by July 31, Reproduction and Distribution Services Rev. 1, but that to enhance its 2001. Comments received after this date Section, Office of the Chief Information usefulness, the outdated citations in the will be considered if it is practical to do Officer, U.S. Nuclear Regulatory document should be replaced with so, but the Commission is able to ensure Commission, Washington, DC 20555– updated citations through means of an consideration only for comments 0001, or E-mail: addenda. An initial version of the received on or before this date. [email protected], or Facsimilie: addenda was posted on the FEMA web Dated this 10th Day of April 2001. (301) 415–2289. site and provided to the member The Draft Addenda to NUREG–0654/ agencies of the Federal Radiological For the Nuclear Regulatory Commission. FEMA–REP–1, Rev. 1, also is available Preparedness Coordinating Committee Thomas L. King, electronically by visiting NRC’s Home for comment. Director, Division of Risk Analysis and Page (http://www.nrc.gov/NRC/ Dated at Rockville, Maryland, this 26th day Applications, Office of Nuclear Regulatory NUREGS/SR0654/R1addenda/ Research. of March 2001. index.html) or FEMA’s Home Page For the Nuclear Regulatory Commission. [FR Doc. 01–11113 Filed 5–2–01; 8:45 am] (http://www.fema.gov/pte/rep/). Glenn M. Tracy, BILLING CODE 7590–01–U A copy of the Draft Addenda to NUREG–0654/FEMA–REP–1, Rev. 1, is Chief, Operator Licensing, Human Performance, and Plant Support Branch, available for inspection and copying for Office of Nuclear Reactor Regulation, U.S. NUCLEAR REGULATORY a fee in the NRC Public Document COMMISSION Nuclear Regulatory Commission. Room, 11555 Rockville Pike, Rockville, For the Federal Emergency Management FEDERAL EMERGENCY Maryland, Room O1F21. Agency. MANAGEMENT AGENCY FOR FURTHER INFORMATION CONTACT: Russell Salter, Kathy Halvey Gibson, Chief, Emergency Director, Chemical and Radiological Criteria for Preparation and Evaluation Preparedness and Health Physics Preparedness Division, Preparedness, of Radiological Emergency Response Section, Office of Nuclear Reactor Training and Exercises Directorate, Federal Plans and Preparedness in Support of Regulation, U.S. Nuclear Regulatory Emergency Management Agency. Nuclear Power Plants; Draft Addenda Commission, Washington, DC 20555– [FR Doc. 01–11112 Filed 5–2–01; 8:45 am] to NUREG–0654/FEMA–REP–1, 0001, Telephone (301) 415–2910; BILLING CODE 7590–01–U Revision 1, electronic mail address: [email protected] or Vanessa E. Quinn, Chief, Radiological AGENCIES: Nuclear Regulatory Emergency Preparedness Branch, Commission. Federal Emergency OFFICE OF PERSONNEL Preparedness, Training, and Exercises MANAGEMENT Management Agency. Directorate, Federal Emergency ACTION: Notice of availability and Management Agency, Washington, DC Proposed Collection; Comment request for comment. 20472, telephone (202) 646–3664; Request for Review of a Revised SUMMARY: The Nuclear Regulatory electronic mail address: Information Collection: RI 38–115 [email protected]. Commission (NRC) and the Federal AGENCY: Office of Personnel Emergency Management Agency SUPPLEMENTARY INFORMATION: This Management. (FEMA) have issued for public comment notice announces the availability of and ACTION: Notice. the Draft Addenda to NUREG–0654/ request for comment on the Draft
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SUMMARY: In accordance with the from the provisions of Sections 2(a)(32), York, New York 10104, Attn: Dodi Kent, Paperwork Reduction Act of 1995 (Pub. 22(c) and 27(i)(2)(A) of the Act and Rule Esq. L. 104–13, May 22, 1995), this notice 22c–1 thereunder. FOR FURTHER INFORMATION CONTACT: announces that the Office of Personnel Mark Cowan, Senior Counsel, or Keith Management (OPM) has submitted to Summary of Application: Applicants Carpenter, Branch Chief, Office of the Office of Management and Budget a seek an order to amend an Existing Insurance Products, Division of request for review of a revised Order (describing below) to permit, Investment Management, at (202) 942– information collection. RI 38–115, under specified circumstances, the 0670. recapture of certain Credits applied to Representative Payee Survey, is used to SUPPLEMENTARY INFORMATION: The collect information about how the contributions made under ‘‘Contracts’’ and ‘‘Future Contracts’’ as defined in he following is a summary of the benefits paid to a representative payee application. The complete application have been used or conserved for the applications for the Existing Order (‘‘Prior Applications’’).1 Applicants also may be obtained for a fee from the SEC’s benefit of the incompetent annuitant. Public Reference Branch, 450 Fifth Approximately 4,067 RI 38–115 forms request that the order being sought extend to ‘‘Equitable Broker-Dealers,’’ Street, NW., Washington, DC 20549 (tel. will be completed annually. The form (202) 942–8090). takes approximately 20 minutes to defined in the Prior Applications. complete. The annual burden is 1,356 Applicants: The Equitable Life Applicant’s Representations Assurance Society of the United States hours. 1. On May 3, 1999, the Commission (‘‘Equitable Life’’), The Equitable of For copies of this proposal, contact issued an order (‘‘Prior Order’’) 2 Colorado, Inc. (‘‘EOC,’’ and together Mary Beth Smith-Toomey on (202) 606– exempting certain transactions of with Equitable Life, ‘‘Equitable’’), 8358, or E-mail to [email protected]. Applicants from the provisions of Separate Account No. 45 of Equitable DATES: Comments on this proposal Sections 2(a)(32), 22(c) and 27(i)(2)(A) Life (‘‘SA 45’’), Separate Account No. 49 should be received on or before June 2, of the Act and Rule 22c–1 thereunder. of Equitable Life (‘‘SA 49’’), Separate 2001. The Prior Order specifically permits the Account VA of EOC (‘‘SA VA’’ and recapture, under specified ADDRESSES: Send or deliver comments together with SA 45 and SA 49, the to— circumstances, of certain 3% Credits ‘‘Accounts’’), any other separate applied to contributions made under Ronald W. Melton, Chief, Operations accounts of Equitable Life or EOC Contracts or Future Contracts. On July Support Division, Retirement and (collectively, ‘‘Future Accounts’’) that 28, 1999, the Commission issued an Insurance Service, U.S. Office of support in the future variable annuity order of exemption amending the Prior Personnel Management, 1900 E Street, contracts and certificates that are Order 3 (together with the Prior Order, NW., Room 3349A, Washington, DC substantially similar in all material the ‘‘Existing Order’’) to permit the 20415 respects to the contracts described recapture of Credits of up to 5% (‘‘5% and herein, AXA Advisors, LLC, and Credits’’), under the same specified Joseph Lackey, OPM Desk Officer, Equitable Distributors, Inc. (‘‘EDI’’) circumstances.4 Office of Information and Regulatory (collectively, ‘‘Applicants’’). 2. Equitable now desires to offer and Affairs, Office of Management and Filing Date: The application was filed recapture Credits of up to 6% of Budget, New Executive Office on January 2, 2001 and amended on contributions (‘‘6% Credits’’) under the Building, NW., Room 10235, April 24, 2001. Contracts or Future Contracts, under the Washington, DC 20503. Hearing or Notification of Hearing: An same and certain additional order granting the application will be circumstances described below. FOR INFORMATION REGARDING issued unless the Commission orders a ADMINISTRATIVE COORDINATION CONTACT: Equitable will apply a Credit to the hearing. Interested persons may request account of a Contract owner whenever Donna G. Lease, Team Leader, Forms a hearing by writing to the Secretary of Analysis and Design, Budget and the owner makes a contribution. The the Commission and serving Applicants amount of the Credit will equal a Administrative Services Division, (202) with a copy of the request, personally or 606–0623. percentage (‘‘Credit Rate’’) of the by mail. Hearing requests should be contribution. For contributions received Office of Personnel Management. received by the Commission by 5:30 during the first Contract Year (as Steven R. Cohen, p.m. on May 18, 2001, and should be defined in the Contract prospectus), the Acting Director. accompanied by proof of service on applicable Credit Rate will be based on [FR Doc. 01–11083 Filed 5–2–01; 8:45 am] Applicants in the form of an affidavit or, the Credit schedule then in effect and for lawyers, a certificate of service. BILLING CODE 6325–50–U the total net amount of contributions hearing request should state the nature received to date under a Contract. The of the requester’s interest, the reason for Credit Rate applicable to contributions the request, and the issues contested. SECURITIES AND EXCHANGE made after the first Contract Year will be Persons who wish to be notified of a COMMISSION hearing may request notification by 2 The Equitable Life Assurance Society of the [Release No. IC–24963; File No. 812–12392] writing to the Secretary of the United States, Investment Company Act Release Commission. No. 23822 (File No. 812–11388). The Equitable Life Assurance Society 3 The Equitable Life Assurance Society of the ADDRESSES: of the United States, et al. Secretary, SEC, 450 5th United States, Investment Company Act Release Street, NW., Washington, DC 20549– No. 23924 (File No. 812–11662). April 26, 2001. 0609. Applicants, c/o The Equitable Life 4 Pursuant to Rule 0–4 under the Act, Applicants incorporate by reference the statement of facts set AGENCY: Assurance Society of the United States, Securities and Exchange out in the Prior Applications to the extent necessary Commission (‘‘SEC’’ or ‘‘Commission’’). 1290 Avenue of the Americas, New to support the Application. Applicants represent ACTION: Notice of application for an that except as described herein all of the facts 1 The Equitable Life Assurance Society of the asserted in the Prior Applications remain true and amended order under Section 6(c) of the United States, Investment Company Act Release accurate in all material aspects to the extent that Investment Company Act of 1940, as Nos. 23774 (Apr. 7, 1999) (File No. 812–11388) and such facts are relevant to any relief on which amended (‘‘Act’’) granting exemptions 23889 (July 2, 1999) (File No. 812–11662). Applicants continue to rely.
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the Credit Rate applicable to ‘‘Net First 6. In the future, Equitable may apply would recapture $1,500 (1% of Year Contributions’’ received during the Credits for contributions under the $150,000). first Contract Year. ‘‘Net Year Contracts using the same Credit 10. The Contracts and Future Contributions’’ equal total first schedule or a different Credit schedule Contracts will be substantially similar in contributions (‘‘Total First Year containing higher breakpoints. all material respects to the Contracts Contributions’’) less any withdrawals of 7. Equitable will recapture Credits covered by the Existing Order except contributions (including withdrawal applied to contributions made under that: (a) Equitable will apply and charges) made during the first Contract Contracts and Future Contracts under recapture Credits as described above, Year. the same circumstances permitted by and (b) a sorter withdrawal charge 3. Equitable currently proposes to use the Existing Order. In addition, on the schedule will apply. Specifically, the the following Credit schedule for first anniversary of the Contract Contracts and Future Contracts will contributions made under the Contract: (‘‘Contract Anniversary’’), Equitable will have a withdrawal charge schedule that recapture any ‘‘Excess Credits’’ applied declines from 8% in years one and two, Contributions* Credit rate during the first Contract Year, as to 0% in year nine and thereafter (rather (as a discussed below. than year 10 and thereafter, as it But less percentage of currently does). At least than contribution) 8. Excess Credits will exist when a Contract owner’s Net First Year 11. Applicants submit that their Minimum .... $250,000 .... 4.0 Contributions are lower than Total First request for an order that applies to the $250,000 .... $1,000,000 5.0 Year Contributions. In such cases, Accounts or any Future Account, in $1,000,000 unlimited** .. 6.0 Equitable will recapture an Excess connection with the issuance of Credit amount equal to the difference Contracts and Future Contracts that are * The Credit Rate applicable depend on total substantially similar in all material net contributions received to date, Expected between the Credits that were actually First Year Contributions, or Net First Year applied and the Credits that would have respects to the Contracts described Contributions, as described below. been applied based on Net First Year herein and underwritten or distributed ** Maximum contribution limitations may Contributions. by AXA Advisors, LLC, Equitable apply. Distributors, Inc., or Equitable Broker- Example. Dealers, is appropriate in the public 4. If Equitable receives more than one • Assume an initial contribution of interest for the same reasons as those contribution during the first Contract $250,000. A Credit of $12,500 (5% of given in support of the Existing Order. Year and a higher Credit Rate applies to $250,000) would be applied to the the later contribution(s) based on the Contract. If the Contract owner Applicant’s Legal Analysis total amount of net contributions to date withdraws $100,000 during the first 1. Section 6(c) of the Act authorizes (i.e., the total net contributions surpass Contract Year, his or her Net First Year the Commission to exempt any person, a breakpoint), Equitable will apply the Contributions would be $145,00 security or transaction, or any class or higher Credit Rate to that contribution, ($250,000–$100,000–$5,000 withdrawal classes of persons, securities or as well as any prior or subsequent charge ($100,000–15% free withdrawal transactions from the provision of the × contributions made in the first Contract 8%)). The applicable Credit Rate Act and the rules promulgated Year. Equitable will apply any based on Net First Year Contributions is thereunder if and to the extent that such additional Credit amounts resulting 4%. At the end of the first Contract exemption is necessary or appropriate from such adjustments as of the date it Year, Equitable would recapture $6,700 in the public interest and consistent receives the later contribution(s). (5% of $105,000 plus 1% of $145,000). with the protection of investors and the 5. If a Contract owner executes a letter 9. Excess Credits also will exist when purposes fairly intended by the policy of intent (‘‘Letter of Intent ’’) pursuant a Contract owner fails to fulfill the and provisions of the Act. to which the owner agrees to make a conditions of a Letter of Intent, and as 2. Applicants request that the certain amount of contributions in the a result the Credits applied to the Commission, pursuant to Section 6(c) of first Contract Year (‘‘Expected First Year Contract exceed the Credits that would the Act, amend the Existing Order to Contributions’’),5 Equitable will apply a have applied to actual contributions grant exemptions from the provisions of Credit amount to each contribution made had the Contract owner not Sections 2(a)(32), 22(c) and 27(i)(2)(A) made during the first Contract Year executed a Letter of Intent. For Contract of the Act and Rule 22c–1 thereunder, using the Credit Rate applicable to the owners who fail to fulfill a Letter of to the extent necessary to permit: (a) the Expected First Year Contributions Intent, Equitable will recapture an racapture of 6% Credits under the same (‘‘Letter of Intent Credit Rate’’). amount equal to the difference between circumstances covered by the Existing Equitable will apply Credits at the Letter the Credits that were actually applied Order, and (b) the recapture of Excess of Intent Credit Rate when it receives and the Credits that would have been Credits in the manner described above. each contribution. For any applied based on Net First Year 3. Applicants submit that the contribution(s) that results in the total Contributions. recapture of Credits will not raise net contributions to date exceeding the Example. concerns under Sections 2(a)(32), 22(c) Expected First Year Contributions, such • Assume an initial contribution of and 27(i)(2)(A) of the Act, and Rule 22c– that a higher Credit Rate would apply, $150,000 pursuant to a Letter of Intent 1 thereunder the same reasons given in Equitable will apply the higher Credit under which the Contract owner has support of the Existing Order. First, the Rate to that contribution, as well as any agreed to make contributions totaling 6% Credits will be recapturable under prior or subsequent contribution(s) $250,000 during the first Contract Year. the same circumstances and on the same made in the first Contract Year. A Credit of $7,500 (5% of $150,000) basis as the 5% Credits described in the would apply to the Contract. If the Prior Applications, the only difference 5 The Letter of Intent will be in the form of an Contract owner makes no more being the higher percentage amount. In acknowledgment in a delineated section of the contributions during the first Contract addition, Applicants submit that when application for the Contracts. The initial contribution must be at least 50% of the Expected Year (and thus does not fulfill the terms Equitable recaptures any Excess Credit, First Year Contributions for the Letter of Intent of the Letter of Intent), then at the end it is also simply retrieving its own Credit Rate to apply. of the first Contract Year, Equitable assets, because a Contract owner’s
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interest in any Excess Credit allocated to respects to the Contracts described 0609. For Further Information Contact: a Contract within the first Contract Year herein and underwritten or distributed Diane L. Titus, at (202) 942–0564, SEC, is not vested. Rather, Equitable retains by AXA Advisors, LLC, Equitable Division of Investment Management, the right to, and interest in, the Excess Distributors, Inc., or Equitable Broker- Office of Investment Company Credit, although not any earnings Dealers, is appropriate in the public Regulation, 450 Fifth Street, NW., attributable to the Excess Credit. interest for the same reasons as those Washington, DC 20549–0506. 4. Applicants state that because a given in support of the Existing Order. Contract owner’s interest in any Firstmark Partners Contrarian Value recapturable Excess Credit is not vested, Conclusion Fund [File No. 811–9109] the owner will not be deprived of a Applicants submit, based on the Summary: Applicant seeks an order proportionate share of the applicable grounds summarized above, that their declaring that it has ceased to be an Account’s assets, i.e., a share of the exemptive request meets the standards investment company. On December 21, applicable Account’s assets set out in Section 6(c) of the Act, 2000, applicant made a liquidating proportionate to the Contract owner’s namely, that the exemptions requested distribution to its shareholders based on annuity account value (taking into are necessary or appropriate in the net asset value. Expenses of account the investment experience public interest and consistent with the approximately $3,800 incurred in attributable to any Excess Credit). The protection of investors and the purposes connection with the liquidation were amounts recaptured will never exceed fairly intended by the policy and paid by applicant’s investment adviser, the Credits (or any Excess Credit) provisions of the Act, and that, Firststock Financial Services, Inc. provided by Equitable from its own therefore, the Commission should grant Filing Dates: The application was general account assets, and Equitable the requested order. filed on March 7, 2001, and amended on will not recapture any gain attributable For the Commission, by the Division of April 18, 2001. to the Credit (or any Excess Credit). Investment Management, pursuant to Applicant’s Address: 5212 5. Furthermore, Applicants submit delegated authority. Underwood Ave., Omaha, NE 68132. that permitting a Contract owner who Margaret H. McFarland, withdraws contributions, or who fails to Circle Income Shares, Inc. fulfill his or here Letter of Intent Deputy Secretary. [File No. 811–2378] obligations to retain any Excess Credit, [FR Doc. 01–11048 Filed 5–2–01; 8:45 am] Summary: Applicant, a closed-end would be patently unfair and would BILLING CODE 8010–01–M investment company, seeks an order deny the Applicants a reasonable declaring that it has ceased to be an measure of protection against ‘‘anti- investment company. On January 22, SECURITIES AND EXCHANGE selection.’’ The risk here is that rather 2001, applicant transferred its assets to COMMISSION than investing contributions over a One Group Mutual Funds based on net number of years, a Contract owner could [Release No. IC–24964] asset value. Expenses of $123,169 were make an initial contribution, receive incurred in connection with the Credits, then later, during the first Notice of Applications for reorganization. Applicant and the Contract Year, withdraw monies Deregistration Under Section 8(f) of the acquiring fund each were responsible (perhaps by taking advantage of the 15% Investment Company Act of 1940 for their own reorganizational expenses. free withdrawal feature), thereby Bank One Investment Advisors April 27, 2001. enabling the Contract owner to retain Corporation, the acquiring fund’s Credit amounts that otherwise would The following is a notice of investment adviser, assumed the costs not have been applied. Similarly, a applications for deregistration under of certain expenses, including proxy Contract owner could execute a Letter of section 8(f) of the Investment Company solicitation and legal expenses. Intent with no intention of fulfilling it, Act of 1940 for the month of April, Filing Date: The application was filed in order to obtain higher Credit 2001. A copy of each application may be on April 6, 2001. amounts. Like the recapture of Credits obtained for a fee at the SEC’s Public Applicant’s Address: PO Box 77004, permitted by the Existing Order, the Reference Branch, 450 Fifty St., NW., Indianapolis, IN 46277–7004. amounts recaptured will equal the Washington, DC 20549–0102 (tel. 202– Excess Credits provided by Equitable 942–8090). An order granting each Imperial Special Investments, Inc. from its own general account assets, and application will be issued unless the [File No. 811–9919] any gain associated with the Credit will SEC orders a hearing. Interested persons Summary: Applicant, a closed-end remain part of the Contract owner’s may request a hearing on any investment company, seeks an order Contract value. application by writing to the SEC’s declaring that it has ceased to be an 6. For the foregoing reasons, Secretary at the address below and investment company. On March 26, Applicants submit that the provisions serving the relevant applicant with a 2001, applicant made a liquidating for recapture of any Credit or Excess copy of the request, personally or by distribution to its shareholders based on Credit under the Contracts does not mail. Hearing requests should be net asset value. Expenses of $16,600 violate Section 2(a)(32), 22(c), and received by the SEC by 5:30 p.m. on incurred in connection with the 27(i)(2)(A) of the Act, and Rule 22c–1 May 22, 2001, and should be liquidation were paid by applicant. thereunder, and that the requested relief accompanied by proof of service on the Filing Date: The application was filed therefrom is consistent with the applicant, in the form of an affidavit or, on April 4, 2001. exemptive relief provided under the for lawyers, a certificate of service. Applicant’s Address: 9920 S. La Existing Order. Hearing requests should state the nature Cienega Blvd., Suite 636, Inglewood, CA 7. Applicants submit that their of the writer’s interest, the reason for the 90301. request for an order that applies to the request, and the issues contested. Accounts or any Future Account, in Persons who wish to be notified of a Bearguard Funds, Inc. connection with the issuance of hearing may request notification by [File No. 811–9291] Contracts and Future Contracts that are writing to the Secretary, SEC, 450 Fifth Summary: Applicant seeks an order substantially similar in all material Street, NW., Washington, DC 20549– declaring that it has ceased to be an
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investment company. On April 2, 2001, Applicant’s Address: Merrill Lynch SECURITIES AND EXCHANGE applicant made a liquidating Investment Managers, LLP, 800 COMMISSION distribution to its shareholders based on Scudders Mill Road, Plainsboro, NJ net asset value. Expenses of $8,500 08536. [Release No. 34–44223; File No. SR–NASD– incurred in connection with the 00–55] liquidation were paid by applicant’s State Farm Balanced Fund, Inc. [File No. 811–1520] Self-Regulatory Organizations; Order investment adviser, Skye Investment Approving and Notice of Filing and Advisers LLC. State Farm Interim Fund, Inc. Order Granting Accelerated Approval Filing Date: The application was filed [File No. 811–2726] to Amendment Nos. 2 and 3 to the on April 4, 2001. Proposed Rule Change by the National Applicant’s Address: 985 University State Farm Municipal Bond Fund, Inc. [File No. 811–2727] Association of Securities Dealers, Inc. Avenue, Suite 26, Los Gatos, CA 95032. Relating to the Delivery Requirement Kemper Bond Enhanced Securities Summary: Each applicant seeks an of a Margin Disclosure Statement to Trust, Series 1 and Subsequent Series order declaring that it has ceased to be Non-Institutional Customers [File No. 811–4382] an investment company. On April 1, April 26, 2001. Summary: Applicant, a unit 2001, each applicant transferred its I. Introduction investment trust, seeks an order assets to a corresponding series of State declaring that it has ceased to be an Farm Associates’ Funds Trust based on On September 5, 2000, the National investment company. On September 8, net asset value. Expenses of $66,928, Association of Securities Dealers, Inc. 1999, applicant made a final liquidating $7,878, and $25,025, respectively, (‘‘NASD’’ or ‘‘Association’’), through its distribution to its shareholders based on incurred in connection with the wholly owned subsidiary, NASD net asset value. Applicant incurred no reorganizations were paid by each Regulation, Inc. (‘‘NASD Regulation’’), expenses in connection with the applicant. filed with the Securities and Exchange liquidation. Filing Dates: The applications were Commission (‘‘SEC’’ or ‘‘Commission’’), Filing Date: The application was filed filed on April 6, 2001, and amended on pursuant to Section 19(b)(1) of the on March 30, 2001. April 25, 2001. Securities Exchange Act of 1934 Applicant’s Address: 250 North Rock (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a Applicant’s Address: Three State Road, Suite 150, Wichita, KA 67206– proposed rule change to require NASD Farm Plaza, Bloomington, IL 61710– 224. member firms to deliver a margin 0001. disclosure statement to their non- IGAM Group Funds institutional customers with margin [File No. 811–9493] Composite Deferred Series, Inc. [File No. 811–4962] accounts. On September 26, 2000, Summary: Applicant seeks an order NASD Regulation submitted declaring that it has ceased to be an Summary: Applicant seeks an order Amendment No. 1 to the proposed rule investment company. On February 15, declaring that it has ceased to be an change.3 The proposed rule change and 2001, applicant made a liquidating investment company. On April 21, Amendment No. 1 were published for distribution to its shareholders based on 2000, Applicant distributed all of its comment in the Federal Register on 4 net asset value. Applicant incurred no shares at net asset value to its sole October 23, 2000. The Commission expenses in connection with the shareholder in connection with received eight comment letters with liquidation. Applicant’s liquidation. Total expenses respect to the proposed rule change and 5 Filing Date: The application was filed of approximately $4,000.00 were Amendment No. 1. On March 28, 2001, on March 27, 2001. incurred in connection with the 1 Applicant’s Address: 24 Salt Pond 15 U.S.C. 78s(b)(1). liquidation and were paid by WM 2 17 CFR 240.19b–4. Road, South Kingstown Office Park, Advisors, Inc. 3 Amendment No. 1 clarified that if the equity in Suite A5, Wakefield, RI 02879. Filing Date: The application was filed a customer’s margin account falls below applicable requirements, an NASD member firm can force the Income Opportunities Fund 2000, Inc. on February 1, 2001. sale of any of the securities in any of the customer’s [File No. 811–7240] Applicant’s Address: John T. West, accounts held at the firm and such liquidations are not limited to the customer’s margin account. Summary: Applicant, a closed-end c/o WM Advisors, Inc., 1201 Third Additionally, NASD Regulation deleted the phrase investment company, seeks an order Avenue, Suite 1400, Seattle, WA 98101. ‘‘under the law’’ from its original filing to clarify declaring that it has ceased to be an that maintenance margin requirements are For the Commission, by the Division of investment company. On December 27, requirements of self-regulatory organizations. See Investment Management, pursuant to Letter from Alden S. Adkins, General Counsel and 2000, applicant made a liquidating delegated authority. Senior Vice President, NASD Regulation, to distribution to its shareholders based on Katherine A. England, Assistant Director, Division net asset value. As of April 6, 2001, Margaret H. McFarland, of Market Regulation (‘‘Division’’), Commission, applicant still had 20 shareholders who Deputy Secretary. dated September 25, 2000. 4 [FR Doc. 01–11087 Filed 5–2–01; 8:45 am] See Securities Exchange Act Release No. 43441 have not redeemed their shares. The (October 12, 2000), 65 FR 63275 (‘‘Notice’’). Bank of New York is holding any BILLING CODE 8010–01–M 5 See letter from Bill Singer, Attorney, Singer unclaimed funds, which will escheat to Frumento LLP, to Jonathan G. Katz, Secretary, each shareholder’s state of residence Commission, dated October 26, 2000 (‘‘Singer after the applicable holding period. Letter’’); letter from J. Scott Colesanti, Senior Compliance Attorney, Edward D. Jones & Co., Inc. Expenses of $35,133 incurred in to Jonathan G. Katz, Secretary, Commission, dated connection with the liquidation were November 10, 2000 (‘‘Edward Jones Letter’’); letter paid by applicant. from Professor Barbara Black and Adjunct Professor Jill Gross, Co-Directors, Securities Arbitration Filing Dates: The application was Clinic, John Jay Legal Services, Inc., Pace University filed on February 23, 2001, and School of Law, to Jonathan G. Katz, Secretary, dated amended on April 18, 2001, November 8, 2000 (‘‘John Jay Letter’’); letter from
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NASD Regulation filed Amendment No. a margin account, a specified disclosure will open a margin account with the 2 to the proposed rule change statement discussing the operation of firm. The securities purchased are the responding to the comments.6 On April margin accounts and the risks firm’s collateral for the loan to you. If 11, 2001, NASD Regulation filed a associated with trading on margin.9 the securities in your account decline in technical Amendment No. 3 to the NASD Regulation also proposes to value, so does the value of the collateral proposed rule change.7 In this notice require NASD member firms to deliver supporting your loan, and, as a result, and order, the Commission is approving a disclosure statement to their non- the firm can take action, such as issue the proposed rule change and institutional customers with margin a margin call and/or sell securities or Amendment No. 1, and approving accounts on an annual basis.10 NASD other assets in any of your accounts Amendment Nos. 2 and 3 on an Regulation proposes the following held with the member, in order to accelerated basis. The Commission is proposed rule text amendments in maintain the required equity in the also seeking comment from interested response to the comment letters account. persons on Amendment Nos. 2 and 3. submitted to the Commission regarding It is important that you fully the proposed rule change and understand the risks involved in trading II. Description of the Proposal Amendment No. 1. The amended rule is securities on margin. These risks As described in the proposed rule as follows: include the following: change and Amendment No. 1, the Proposed new language is italicized. • You can lose more funds than you NASD, through NASD Regulation, Proposed deletions are in [brackets]. deposit in the margin account. A proposes to add a new NASD Rule 2341 * * * * * decline in the value of securities that are to require NASD member firms to purchased on margin may require you to deliver to their non-institutional Rule 2341. Margin Disclosure provide additional funds to the firm that customers,8 prior to or at the opening of Statement has made the loan to avoid the forced (a) No member shall open a margin sale of those securities or other Christopher R. Franke, Chairman, Self-Regulation account, as specified in Regulation T of securities or assets in your account(s). and Supervisory Practices Committee, Securities the Board of Governors of the Federal • The firm can force the sale of Industry Association (‘‘SIA’’), to Margaret H. McFarland, Deputy Secretary, dated November 13, Reserve System, for or on behalf of a securities or other assets in your 2000 (‘‘SIA Self-Regulation Committee Letter’’); non-institutional customer, unless, prior account(s). If the equity in your account letter from W. Hardy Callcott, Senior Vice President to or at the time of opening the account, falls below the maintenance margin and General Counsel, Charles Schwab & Co., Inc., the member has furnished to the requirements or the firm’s higher to Jonathan G. Katz, Secretary, dated November 14, 2000 (‘‘Charles Schwab Letter’’); letter from Albert customer, individually, in writing or ‘‘house’’ requirements, the firm can sell Tylka, Vice President, A.G. Edwards & Sons, Inc., electronically, and in a separate the securities or other assets in any of to Margaret H. McFarland, Deputy Secretary, dated document, the following margin your accounts held at the firm to cover November 17, 2000 (‘‘A.G. Edwards Letter’’); letter disclosure statement: the margin deficiency. You also will be from George Ruth, Chairman of the Rules and Regulations Committee, Credit Division, SIA, to Your brokerage firm is furnishing this responsible for any short fall in the Jonathan G. Katz, Secretary, dated November 21, document to you to provide some basic account after such a sale. 2000 (‘‘SIA Credit Division Letter’’); and letter from facts about purchasing securities on • The firm can sell your securities or Jeffrey S. Alexander, Vice President and Senior margin, and to alert you to the risks other assets without contacting you. Counsel, Office of the General Counsel, Merrill Some investors mistakenly believe that Lynch, to Jonathan G. Katz, Secretary, dated involved with trading securities in a November 22, 2000 (‘‘Merrill Lynch Letter’’). margin account. Before trading stocks in a firm must contact them for a margin 6 In Amendment No. 2, NASD Regulation a margin account, you should carefully call to be valid, and that the firm cannot responded to the comment letters submitted on the review the margin agreement provided liquidate securities or other assets in proposed rule change and Amendment No. 1, and their accounts to meet the call unless incorporated several recommendations from the by your firm. Consult your firm comment letters into the proposed rule text. The regarding any questions or concerns you the firm has contact them first. This is comments concerned the following: the need for may have with your margin accounts. not the case. Most firms will attempt to flexibility with respect to the type of disclosure When you purchase securities, you notify their customers of margin calls, statement that NASD member firms would be but they are not required to do so. required to provide to their customers; the burden may pay for the securities in full or you and costs of sending a separate document; the may borrow part of the purchase price However, even if a firm has contacted a expense and need for the requirement that the from your brokerage firm. If you choose customer and provided a specific date disclosure statement be delivered annually; the to borrow funds from your firm, you by which the customer can meet a need for clarification of the delivery requirement and method; and the need for disclosure of the fact margin call, the firm can still take that any of the customers’ assets, in addition to A bank, savings and loan association, insurance necessary steps to protect its financial securities, carried by a broker-dealer firm on behalf company, or registered investment company; (2) an interests, including immediately selling of such customers may be liquidated to satisfy a investment adviser registered either with the the securities without the notice to the Commission under Section 203 of the Investment margin call. See Letter from Jeffrey S. Holik, Vice customer. President and Acting General Counsel, NASD Advisers Act of 1940 or with a state securities • Regulation, to Jack Drogin, Assistant Director, commission (or agency or office performing similar You are not entitled to choose Division, Commission, dated March 27, 2001 functions); or (3) any other entity (whether a natural which securities or other assets in your (‘‘Amendment No. 2’’). person, corporation, partnership, trust, or account(s) are liquidated or sold to meet 7 In Amendment No. 3, NASD Regulation otherwise) with total assets of at least $50 million. a margin call. Because the securities are provided a technical amendment to the proposed 9 NASD’s 2300 series of rules covers Transactions rule language clarifying that the annual margin with Customers. collateral for the margin loan, the firm disclosure statement may be delivered within or as 10 This annual disclosure statement may be the has the right to decide which security to part of other account documentation, and is not mandated margin disclosure statement as specified sell in order to protect its interests. required to be provided in a separate document. See in proposed NASD Rule 2341(a), the abbreviated • The firm can increase its ‘‘house’’ Letter from Jeffrey S. Holik, Vice President and disclosure specified in proposed NASD Rule Acting General Counsel, NASD Regulation, to Jack 2341(b), or an alternate disclosure that is maintenance margin requirements at Drogin, Assistant Director, Division, Commission, ‘‘substantially similar’’ to the two other disclosure any time and is not required to provide dated April 10, 2001 (‘‘Amendment No. 3’’). statements. In addition, the annual disclosure you advance written notice. These 8 The term ‘‘non-institutional customer’’ would statement may be delivered within or as part of changes in firm policy often take effect mean a customer that does not qualify as an other account documentation, and is not required ‘‘institutional account’’ under NASD Rule to be provided in a separate document. See immediately and may result in the 3110(c)(4). NASD Rule 3110(c)(4) defines Amendment No. 2, supra note 6 and Amendment issuance of a maintenance margin call. ‘‘institutional account’’ to mean the account of: (1) No. 3, supra note 7. Your failure to satisfy the call may cause
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the member to liquidate or sell A. Background of the firms that automatically 14 opened securities in your account(s). margin accounts, customers would find • The recent growth in the level of You are not entitled to an extension customer margin account balances, out about their account type only if they of time on a margin call. While an coupled with the increase in customer read and understood their account extension of time to meet margin inquiries and complaints to NASD agreements. Three of the 12 on-line requirements may be available to Regulation and SEC staffs relating to the broker-dealers contacted did take ‘‘extra customers under certain conditions, a handling of margin accounts, has raised measures’’ to assure that their customers customer does not have a right to the concerns as to whether investors understood that stocks could be sold to extension. understand the operation and risks cover outstanding loans in a margin (b) Members shall, with a frequency of associated with margin trading. NASD account. These firms included not less than once a calendar year, Regulation believes that investors’ information on their web sites that deliver individually, in writing or misconceptions about margin explained that accounts could be electronically, the disclosure statement requirements, particularly with respect liquidated in fast-moving markets before described in paragraph (a) or the to maintenance margin, may cause them the customary period. following bolded disclosures to all non- to underestimate the risks of margin The GAO Report concluded that institutional customers with margin trading and misunderstand the better investor protection information, accounts: operation of and reasons for margin including information relating to margin Securities purchased on margin are calls. requirements, was needed on web sites the firm’s collateral for the loan to you. In this regard, a May 2000 General of some on-line broker-dealers. In this If the securities in your account decline Accounting Office (‘‘GAO’’) report regard, the GAO Report recommended in value, so does the value of the (‘‘GAO Report’’) noted that the SEC that the SEC ensure that broker-dealers collateral supporting your loan, and, as determined from the customer with on-line trading systems include a result, the firm can take action, such complaints it received that many accurate and complete information on as issue a margin call and/or sell investors who traded on-line did not their web sites regarding, among other securities or other assets in any of your understand margin requirements.11 The things, margin requirements. accounts held with the member, in order GAO Report indicated that the lack of B. Specific Areas of Concern to maintain the required equity in the disclosures relating to when firms account. It is important that you fully would sell securities in a margin Based on customer complaints and understand the risks involved in trading account to cover margin loans was the inquiries it has received, NASD securities on margin. These risks among the leading margin-related Regulation identified several areas include the following: complaints that the SEC received. associated with margin trading that may • You can lose more funds than you In addition, the GAO Report collected have generated confusion and deposit in the margin account. and summarized information from 12 misunderstanding between customers • The firm can force the sale of on-line broker-dealers.12 All of the on- and NASD member firms. According to securities or other assets in your line firms contacted did provide their NASD Regulation, these areas include: account(s). • customers with the limited information Margin Calls—Notification. Some The firm can sell your securities or required by Rule 10b–16 under the investors hold the mistaken belief that other assets without contacting you. Act.13 Some firms also provided their broker-dealer must contact them • You are not entitled to choose additional information relating to for a margin call to be valid, and that which securities or other assets in your margin, such as requirements for their broker-dealer cannot liquidate account(s) are liquidated or sold to meet account opening, procedures for selling securities or other assets in their a margin call. • securities to cover account losses, or accounts to meet the call unless a The firm can increase its ‘‘house’’ special requirements for volatile stocks. maintenance margin requirements at specified number of days have passed Nearly half of the firms contacted, and/or the broker-dealer has contacted any time and is not required to provide however, automatically opened margin you advance written notice. the customer. There are no such accounts for new customers without 15 • You are not entitled to an extension restrictions in Regulation T providing the customer with of time on a margin call. promulgated by the Board of Governors information relating to the risks The annual disclosure statement of the Federal Reserve System or NASD associated with margin trading. At three 16 required pursuant to this paragraph (b) Rule 2520. Moreover, securities that may be delivered within or as part of have been purchased on margin by a 11 See On-Line Trading, Better Investor Protection customer and securities and other assets other account documentation, and is Information Needed, Report to Congressional not required to be provided in a Requesters, GAO, GGD–00–43 (May 2000). Between held in any other accounts with the firm separate document. January 1998 and June 1999, 140 margin-related by a customer are collateral for the (c) In lieu of providing the [margin] complaints concerning on-line trading firms were margin loan and are, therefore, subject submitted to the SEC. to the security claim of the broker-dealer disclosures [statement] specified in 12 While these firms represented less than 10 paragraphs (a) and (b), a member may percent of the total estimated number of firms that until the customer fully pays for the provide to the customer an alternative offer on-line trading, they accounted for about 90 securities. Thus, if a broker-dealer disclosure statement, provided that the percent of the on-line trading volume during early believes that the collateral for the alternative disclosures [statement] shall 1999. margin loan is at risk, the broker-dealer 13 Rule 10b–16 under the Act requires broker- be substantially similar to the dealers that extend credit to customers to finance 14 disclosures [statement] specified in securities transactions to furnish, in writing, Those firms that provide clear indications of specified information regarding the terms of the the type of account to be opened offered their paragraphs (a) and (b). customers the option on the web site to choose (d) For purposes of this Rule, the term loan. These disclosures must be made on both an initial and periodic basis. For example, at the time either a cash or margin account, or both. However, ‘‘non-institutional customer’’ means a a customer opens a margin account, the broker- those firms that automatically opened margin customer that does not qualify as an dealer must provide the customer with a written accounts only offered new customers a choice with ‘‘institutional account’’ under Rule statement disclosing, among other things, the respect to account ownership, such as a joint or annual rate of interest, the method of computing individual account. 3110(c)(4). interest, and what other credit charges may be 15 12 CFR 220 et seq. * * * * * imposed. 17 CFR 240.10b–16. 16 NASD Rule 2520 governs margin requirements.
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is entitled to take any steps necessary to liquidate based on a high concentration by electronic means, a disclosure protect its financial interests, including of the security held by customers firm- statement on an annual basis.20 immediate liquidation without notice to wide. The proposal, as amended, would the customer. Some broker-dealers will NASD members raising their require that disclosure at or prior to the attempt to notify their customers of maintenance margin requirements. opening to the margin account be made margin calls, but they are not required Some NASD member firms have in a separate document.21 NASD to do so. Even if a broker-dealer has increased their ‘‘house’’ maintenance Regulation represents that the initial contacted a customer and provided a margin requirements (i.e., requirements disclosure statement may be on a specific date by which the customer can above those required by law) as a result separate page of, or as a separate meet a margin call; however, the broker- of concerns about the volatility and attachment to, the margin agreement or dealer can still take necessary steps to extreme price run-ups on certain stocks, other opening account documentation. protect its financial interests, including the risks to their customers, and the NASD member firms, however, would immediate liquidation, without further NASD members’s own potential be permitted to provide the annual notice to the customer. exposure to losses from margin defaults. disclosure within other documentation, Extension of time on margin calls. These changes in policy often take effect such as the customer account Some investors believe they are immediately and may result in the statement.22 automatically entitled to an extension of issuance of maintenance margin call. A Furthermore, NASD member firms time to meet margin calls. While an customer’s failure to satisfy the call will would be required to provide the extension of time to meet initial margin usually cause the NASD member firm to disclosure statement to existing margin requirements may be available to the liquidate a portion of the customers’s customers a the time the NASD member customer under certain conditions, it is account. firm is required to send the next annual only granted if the clearing firm chooses Some investors believe that an NASD statement to the customer (following the to request an extension from its member firm must provide thirty days effective date of the proposed rule Designated Examining Authory—the written notice before implementing this change, as amended), but not to exceed customer does not have a right to an type of change. While Rule 10b–16 180 days following the effective date of automatic extension. under the Act requires members to the proposed rule change, as amended. In addition, some investors believe disclose to customers the credit terms 2. Content of Margin Disclosure that when a maintenance margin call (interest rates and methods of Statement has been issued they are entitled to one calculating interest) for margin The margin disclosure statement, as or more extensions of time to meet the transactions and requires advance specified in proposed NASD Rule call, however, there is no mechanism for written notice of such changes, it does 2341(a), the abbreviated disclosure extending maintenance margin calls. If not require advance notice of the specified in proposed NASD Rule the customer fails to meet a amount of margin required. maintenance margin call, the broker- 2341(b), or an alternate disclosure that dealer can, under certain circumstances, C. Description of Proposal is ‘‘substantially similar’’ to the two versions provided by the proposal, as take a charge to its net capital in lieu of 1. Delivery Requirement collecting the call, but the broker-dealer amended, should: (1) Describe the is not required to do so, and the NASD Regulation believes that, operation of a margin account; (2) customer has no right to demand it. although some NASD member firms are emphasize that customers should Right to dictate which security or providing additional disclosures to carefully review their margin other asset is liquidated. Some investors customers relating to margin to address agreements; and (3) clarity some of the believe that they have the right to customers confusion, the content of risks associated with margin trading, control which securities or other assets these disclosures is not consistent from including among others, that the are liquidated to meet a maintenance firm-to-firm and may not always be in customer can lose more funds that margin call if there is more than one a form that investors find clear and easy initially deposited, the firm can force security or asset in the NASD to understand. the sale of the securities or other assets customer’s accounts.17 There is no Accordingly, the NASD is proposing in any of the customers’s accounts held provision in the margin rules that gives to require all NASD member firms to by the firm without notice the customer, the customers the right to control deliver to each non-institutional the firm can dictate which securities or liquidation decisions. As discussed customer individually, in hard copy or other assets in any of the customers’s above, because the securities and other by electronic means, prior to or at the accounts may be selected for liquidation assets in any of the customers’s opening of a margin account, a to meet a margin call, the firm may accounts are collateral for the margin disclosure statement that includes all of increase its ‘‘house’’ maintenance loan, the broker-dealer has the right to the information as specified in proposed margin requirements at any time and is control the disposition of the collateral NASD Rule 2341(a), or a substantially not required to provide the customer in order to protect its interests. In this identical disclosure statement.19 NASD with advance written notice, and the regard, the broker-dealer may choose member firms would also be required to customer is not entitled to an extension which securities or other assets in the deliver to each non-institutional of time on a margin call. margin account, or any other account customer individually, in hard copy or 3. Effective Date of the Proposed Rule held by the NASD member firm on behalf of the customer, to liquidate, and 19 NASD member firms would be permitted to NASD Regulation intends to this selection need not relate to factors develop an alternative margin disclosure statement, announce the effective date of the provided that the alternative disclosure statement is associated with the individual proposed rule change, as amended, in a substantially similar to the mandated disclosure Notice to Members to be published no customer.18 For example, the broker- statement and incorporates all of the relevant dealer may choose a particular security concepts. NASD Regulation represents that it will 20 See supra note 10. or asset in customer’s account to determine whether an alternative disclosure statement contains substantially identical 21 An NASD member firm would not satisfy the information as required by the proposed NASD proposal’s delivery requirement by posting the 17 See Amendment No. 1, supra note 3. Rule 2341 during routine examinations of NASD disclosure statement on its web site. 18 Id. member firms. 22 See Amendment No. 3, supra note 7.
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later than 60 days following Regulation and the Commission have Internet sites.28 This commenter Commission approval of the proposed originated from customers of both on- suggests that when communication fails, rule change. The effective date would be line and full-service firms. Accordingly, customers should document attempts to 30 days following publication of the NASD regulation believes that the contact firms, and firms should be held Notice to Members announcing misconceptions about the operation of a liable for margin-related damages. As a Commission approval of the proposed margin account and margin general matter, NASD Regulation rule change. requirements are not limited to those responded by agreeing that NASD III. Summary of Comments investors who trade on-line, and that all member firms should be prepared to investors would benefit significantly answer customer questions relating to The Commission received eight from the information provided in the margin, and that the proposed margin comment letters in response to the proposed margin disclosure statement. disclosure statement is not intended to proposal and Amendment No. 1.23 replace NASD member firms’ B. Separate Document While most commenters generally responsibilities to respond to customer favored the concept of providing Several commenters opposed the inquiries. customers of NASD members firms with requirement that the margin disclosure C. Annual Delivery a disclosure of margin trading risks, be made in a separate disclosure they also suggested various document, stating that such a Several commenters opposed the modifications to the proposal. The requirement is unnecessary, duplicative, proposed requirement that the comments submitted to the Commission and economically burdensome.27 These disclosure statement be delivered are summarized by issue below. commenters also indicated that annually. The commenters indicated A. Margin Disclosure Statement presenting the disclosure statement in a that it would present an undue burden and expense for firms and would be Several commenters stated that the separate document could confuse customers by giving them the excessive, redundant, and counter- proposal needed to be more flexible and productive in light of the amount of that a ‘‘one-size-fits-all’’ disclosure impression that it is more important than other disclosure requirements not documentation and disclosure statement on margin trading is not 29 24 presented in the same format, or by statements already sent to customers. appropriate for all firms. Commenters One commenter stated that this firm indicated that firms should be permitted leading customers to believe it amends already receives numerous complaints to develop a method of disclosure that or voids their original agreements. In from its customers about the amount of is best suited to their individual this regard, certain commenters paperwork being mailed to them.30 business, so long as they provide the indicated that such mistaken beliefs by Another commenter was concerned that specific disclosure information required customers could lead to costly legal repeated statements about the risks of by the proposal. NASD Regulation challenges for NASD member firms. margin trading would undermine responded to these concerns through the In response, NASD Regulation legitimate products associated with new proposed rule language in indicated that it believes that the initial central asset accounts.31 paragraph (c) of proposed NASD Rule delivery of the margin disclosure NASD Regulation continues to believe 2341 providing that, in lieu of using the statement should be in a separate that providing customers with margin disclosure statement specified in document. NASD Regulation was information about the operation of the proposal, an NASD members firm concerned that the proposed disclosure margin accounts at account opening and may use an alternative disclosure may be hidden within other annually thereafter will be of significant statement, provided that the alternative documentation and possibly overlooked value to customers in understanding the disclosure statement is substantially by customers. With respect to the operation of a margin account. Given similar to the mandated disclosure comment that a separate document may that the full margin disclosure statement statement specified in the proposal. confuse customers, NASD Regulations would be provided to customers at One commenter indicated that the responded that NASD member firms account opening, however, NASD proposal should be directed only at would be permitted to provide Regulations believes that providing an customers who trade on-line, and not additional statements necessary to abbreviated version of the disclosures those being assisted by a registered clarify the purpose of the disclosure 25 would be appropriate for the annual representative. The commenter stated document, including that the disclosure requirement, thereby that the proposal should address more disclosures do not change or supersede addressing some of the commenters’ directly the concerns of the GAO the margin agreement in any way. With 26 concerns. Accordingly, NASD Report that determined that on-line respect to the annual delivery Regulation amended the proposed rule traders do not understand margin requirement, NASD Regulation stated language to permit members, at their requirements. The commenter suggested that the annual disclosure statement option, to provide an abbreviated that the disclosure statements would may be delivered within or as part of version of the disclosures to comply best serve on-line customers who do not other account documentation. have accounts with full-services firms with the annual disclosure requirement One commenter, while supporting the that can provide appropriate education provided that, at a minimum, such proposed margin disclosure on margin trading. NASD Regulation version contains all of the ‘‘bulleted requirement, also indicated that responded that, although customer information’’ as specified in proposed customers should be educated about accounts of on-line brokerage firms were NASD Rule 2341(b). margin trading by their NASD members the focus of the GAO Report, margin- In addition, NASD Regulation firms, and firm employees should be related complaints received by NASD amended the proposed rule language to readily available to customers via clarify that the annual disclosure dedicated telephone numbers and e- 23 See supra note 5. 24 See Singer Letter, SIA Self-Regulation mail addresses posted on the firm’s 28 See Singer Letter, supra note 5. Committee Letter, Merrill Lynch Letter and SIA 29 See Charles Schwab Letter, SIA Credit Division Credit Division Letter, supra note 5. 27 See SIA Self-Regulation Committee Letter, Letter, and A.G. Edwards Letter, supra note 5. 25 See Merrill Lynch Letter, supra note 5. Merrill Lynch Letter, and A.G. Edwards Letter, 30 See Merrill Lynch Letter, supra note 5. 26 See GAO Report, supra note 11. supra note 5. 31 See SIA Credit Division Letter, supra note 5.
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statement required pursuant to can be liquidated.36 The commenter Furthermore, NASD Regulation proposed NASD Rule 2341(b) may be believed that this clarification would be provided an abbreviated disclosure delivered within or as part of other an important piece of information for statement, as discussed above, in account documentation, and is not the customer to understand. In addition, paragraph (b) of proposed NASD Rule required to be provided in a separate the commenter indicated that certain 2341 that NASD member firms could document.32 crucial language on the statement use on an annual basis.40 should be in boldface for better In addition, NASD Regulation D. Timing of Account Opening Delivery emphasis, and that disclosures using amended the proposed rule language, in Requirement industry jargon, such as ‘‘equity,’’ Amendment No. 3, to clarify that the One commenter indicated that the ‘‘house requirements’’ and annual disclosure statement required proposal needed to clarify better when ‘‘maintenance margin,’’ should be pursuant to paragraph (b) of proposed the initial disclosure statement should avoided. NASD Regulation agreed that a NASD Rule 2341 need not be provided be delivered.33 According to the clarification that any assets held by the in a separate document.41 commenter, the proposal directs that the firm on behalf of the customer, not just IV. Discussion initial disclosure statement be delivered securities, can be liquidated, is when the margin account is opened; appropriate to include in the proposed The Commission finds that the however, the proposal does not indicate disclosure statement. Accordingly, proposed rule change, as amended, is what constitutes the opening of the consistent with the requirements of the NASD Regulation amended the 42 account. The commenter questioned proposed rule language to indicate that Act and the rules and regulations whether an account would be an NASD member firm can liquidate thereunder applicable to a national considered opened when the customer securities or other assets held in the securities association. In particular, the loan agreement is signed or when a loan customer’s accounts. With respect to the Commission finds the proposal to be consistent with the requirements of is extended to the customer by the firm comment regarding the use of industry Section 15A(b)(6) 43 of the Act, because on margin. Another commenter jargon, NASD Regulation does not the proposal is designed to prevent requested clarification on whether believe that the use of those terms in fraudulent and manipulative acts and ‘‘Personal Line of Credit’’ accounts confusing within the context of the practices, to promote just and equitable would invoke the proposed margin overall statement and indicated that it principles of trade, and, in general, to disclosure requirements.34 In order to had endeavored to use a minimal protect investors and the public interest. address these comments, NASD amount of industry jargon in the Regulation clarified that, under the As discussed above, based on the proposed margin disclosure statement. growing number of customer complaints proposal, the margin disclosure Finally, one commenter stated that statement is required to be sent at the and the GAO study, the Commission each customer should be required to believes that many investors do not time a margin account is opened, sign the disclosure statement to irrespective of whether a margin loan is fully understand certain significant acknowledge receipt and understanding features of their margin accounts. The extended. Also, if a ‘‘Personal Line of 37 of it. NASD Regulation believes that Commission believes that the proposed Credit’’ account is treated by the NASD such a requirement would be overly rule change will better inform investors member firm as an extension of credit burdensome for members to comply by requiring NASD member firms to via a margin account, NASD Regulation with, and would not significantly disclose to their non-institutional believes that the proposed disclosure increase the informational value to the customers, in ‘‘plain English,’’ the requirement would apply. customer of the margin disclosure operations and the risks associated with E. Other Comments statement. margin trading. The Commission also One commenter indicated that the F. Amendment to the Proposed Rule believes that the proposal, as amended, proposed delivery of the disclosure Language will enhance customer protection by requiring that all NASD member firms statement, ‘‘in writing or NASD Regulation amended proposed electronically,’’ is confusing and provide identical or substantially NASD Rule 2341(a), in Amendment No. identical information, and deliver the suggests that the proposed rule confuses 2, to clarify that the initial margin format with delivery.35 To clarify, disclosures in a similar manner (i.e., in disclosure document must be delivered the form of a hard copy or through NASD Regulation indicated that the in a separate document.38 proposed disclosure statement may be electronic means) to their customers, NASD Regulation also added the sent ‘‘in writing,’’ meaning that it may pursuant to proposed NASD Rule 2341. phrase ‘‘or other assets’’ throughout the be delivered to the customer in a hard The proposal’s requirements will text of proposed NASD Rule 2341 to copy, paper format. The proposed provide for uniform information clarify that assets other than securities disclosure statement also may be consistent across all NASD member held in the customer’s account can be delivered ‘‘electronically,’’ meaning that firms. liquidated and sold by the NASD it may be delivered to the customer via Specifically, the Commission finds member firm to satisfy a margin call.39 an electronic delivery system (Internet, that the mandated disclosure statement e-mail, etc.), provided that it is sent 36 40 individually to the customer by such See John Jay Letter, supra note 5. Id. 37 Id. 41 The proposed rule language is amended to means. 38 The proposed rule language is amended to clarify this requirement as follows: Another commenter indicated that the clarify this requirement as follows: The annual disclosure statement required proposed margin disclosure statements (a) No member shall open a margin account, as pursuant to this paragraph (b) may be delivered should be clarified to state that any asset specified in Regulation T of the Board of Governors within or as part of other account documentation, held by the customer, not just securities, of the Federal Reserve System, for or on behalf of and is not required to be provided in a separate a non-institutional customer, unless, prior to or at document. the time of opening the account, the member has 42 In approving the proposed rule change, the 32 See Amendment No. 3, supra note 7. furnished to the customer, individually, in writing Commission has considered the proposed rule’s 33 See Edward Jones Letter, supra note 5. or electronically, and in a separate document, the impact on efficiency, competition, and capital 34 Id. following margin disclosure statement: formation. 15 U.S.C. 78c(f). 35 See Merrill Lynch Letter, supra note 5. 39 See Amendment No. 2, supra note 6. 43 15 U.S.C. 78o–3(b)(6).
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is designed to alleviate customers’ statement in a separate document so sum, the Commission believes that the confusion and should help to alert them that customers do not overlook substance of the proposed rule change to some of the risks associated with information that is critical to making an was provided in the Notice and has margin trading, such as: (1) A customer informed decision regarding whether to been the subject of a full comment could lose more funds than he/she trade on margin. As a matter of general period. Accordingly, the Commission deposits in a margin account; (2) an business practice, this document should believes that there is good cause, NASD member firm can force the sale of be provided at the time the margin consistent with Section 6(b)(5) and 19(b) securities or other assets in any of the agreement is established. It may be more of the Act,45 to approve Amendment customer’s accounts; (3) a customer cost effective, however, for firms to Nos. 2 and 3 to the proposal on an does not have the right to dictate in provide the annual disclosure as part of accelerated basis. which order those securities or other other documentation. assets may be liquidated or sold to meet Furthermore, although NASD VI. Solicitation of Comments a margin call; (4) an NASD member firm Regulation determined not to require may increase its ‘‘house’’ maintenance the signature of customers on the Interested persons are invited to margin requirements at any time and is disclosure statement, the Commission submit written data, views and not required to provide its customer notes that NASD member firms must arguments concerning Amendment Nos. with advance written notice; and (5) an have supervisory procedures reasonably 2 and 3, including whether the NASD customer is not entitled to an designed to demonstrate that customers proposed rule change, as amended, is extension of time on a margin call. have received the margin risk consistent with the Act. Persons making The Commission also believes that disclosures, as well as to demonstrate written submissions should file six NASD Regulation has responded compliance with Rules 15c2–5 and 10b– copies thereof with the Secretary, adequately to commenters’ concerns 16 under the Act.44 Securities and Exchange Commission, and suggestions by incorporating most The Commission notes that NASD 450 Fifth Street, NW., Washington DC of the recommendations into the Regulation will announce the 20549–0609. Copies of the submission, operational date of the proposed rule proposal and explaining why it is not all subsequent amendments, all written incorporating others. Among other change, as amended, in a Notice to statements with respect to the proposed things, in response to comments Members to be published no later than rule change that are filed with the submitted on the published proposal, 60 days following the date of approval including Amendment No. 1, NASD by the Commission, and that the Commission, and all written Regulation clarified that: (1) Any asset operational date will be 30 days communications relating to the held by the NASD member firm on following the date of publication of the proposed rule change between the behalf of the customer, not just Notice to Members announcing Commission and any person, other than securities, can be liquidated to satisfy a Commission approval. The Commission those that may be withheld from the customer margin call; (2) the annual believes that requiring NASD member public in accordance with the margin disclosure statement may be firms to implement the disclosure provisions of 5 U.S.C. 552, will be provided in an abbreviated form requirements pursuant to the proposed available for inspection and copying at containing all the required information NASD Rule 2341, 30 days following the the Commission’s Public Reference as specified in the proposed rule text; date of publication of the Notice to Room. Copies of the filing will also be and (3) the annual disclosures may be Members announcing Commission available for inspection and copying at delivered within or as part of other approval of the proposal, will provide the principal office of the NASD. All account documentation. NASD member firms with sufficient submissions should refer to File No. The Commission agrees that it was time to comply with the requirements of SR–NASD–00–55 and should be necessary for NASD Regulation to proposed NASD Rule 2341. submitted by May 23, 2001. clarify that an NASD member firm may V. Accelerated Approval of liquidate any securities or other assets VII. Conclusion Amendment Nos. 2 and 3 held by such firm on behalf of the customer to meet a margin call. The The Commission finds good cause for The Commission believes that the Commission believes that this approving Amendment Nos. 2 and 3 proposed rule change, as amended, is clarification will warn customers of the prior to the thirtieth day after consistent with the Act, and, full extent of the risks of margin trading publication in the Federal Register. The particularly, with Section 15A.46 and ensure that such disclosure Commission believes that NASD It Is Therefore Ordered, pursuant to information is consistent with similar Regulation has responded adequately to Section 19(b)(2) of the Act,47 that the information provided in customers’ commenters’ concerns and suggestions proposed rule change (File No. SR– margin agreements. by incorporating certain commenters’ NASD–00–55) is approved, as amended. The Commission also believes that recommendations into the proposed NASD Regulation’s amendment to the rule language in Amendment No. 2, and For the Commission, by the Division of proposed rule language to provide for an by explaining why it was not Market Regulation, pursuant to delegated abbreviated version of the annual incorporating others. Further, the authority.48 disclosure statement is appropriate Commission noted that Amendment No. Jonathan G. Katz, because doing so allows NASD member 3 is a technical amendment providing Secretary. firms flexibility as to the form of the clarifying language in the proposed rule [FR Doc. 01–11049 Filed 5–2–01; 8:45 am] annual disclosures, while still text that the annual margin disclosure BILLING CODE 8010–01–M preserving the core disclosure statement is not required to be provided information to investors. in a separate document. Instead, the Finally, the Commission believes that annual margin disclosure statement may it is appropriate for NASD Regulation to be delivered within or as part of other 45 15 U.S.C. 78f(b) and 78s(b). require that, prior to or at the opening customer account documentation. In 46 15 U.S.C. 78o–3. of a margin account, an NASD member 47 15 U.S.C. 78s(b)(2). firm must provide the disclosure 44 17 CFR 240.15c2–5; 240.10b–16. 48 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE p.m. Pacific Time (‘‘PT’’), except the last Traded Fund Shares and to establish the COMMISSION trading day of each calendar month, hours of trading in options on the when trading in options on Nasdaq-100 Nasdaq-100 Index Tracking Stock from [Release No. 34–44231; File No. SR–PCX– 2001–20] Index Tracking Stock will end at 1:05 6:30 a.m. to 1:15 p.m. PT, except the last p.m. PT. Below is the text of the trading day of each calendar month, Self-Regulatory Organizations; Notice proposed rule change. Proposed new when trading in options on the Nasdaq- of Filing and Immediate Effectiveness language is italicized, and proposed 100 Index Tracking Stock will end at of Proposed Rule Change by the deletions are in brackets. 1:05 p.m. PT. Pacific Exchange, Inc. Relating to One * * * * * The PCX received approval from the Point Strike Price Intervals for Options Commission to trade options on ¶ 3703 Trading Sessions on Exchange-Traded Fund Shares and Exchange-Traded Fund Shares on the Hours of Trading for Options on Rule 4.2—No change. February 28, 2001.5 The PCX proposes the Nasdaq-100 Index Tracking Stock Commentary: to amend Rule 6.4 by adding .01—No change. Commentary .04 regarding strike price April 27, 2001. .02 The hours for trading options on intervals for options on Exchange- Pursuant to Section 19(b)(1) of the Nasdaq-100 Index Tracking Stock will Traded Fund Shares to bracket the Fund Securities Exchange Act of 1934 (the commence at 6:30 a.m. and end at 1:15 Shares at one point intervals up to a ‘‘Act’’)1 and Rule 19b–4 thereunder,2 p.m. each business day, except the last share price of $200. This proposed notice is hereby given that on April 5, trading day of each calendar month, amendment is consistent with the strike 2001, the Pacific Exchange, Inc. (‘‘PCX’’ when trading in options on Nasdaq-100 price interval established for options on or ‘‘Exchange’’) filed with the Securities Index Tracking Stock will end at 1:05 Exchange-Traded Fund Shares on the and Exchange Commission p.m. American Stock Exchange, LLC (‘‘Commission’’ or ‘‘SEC’’) the proposed (‘‘Amex’’)6 and by the Philadelphia rule change as described in Items I, II, * * * * * Stock Exchange, Inc. (‘‘Phlx’’).7 and III below, which Items have been ¶ 4745 Series of Options Open for prepared by the Exchange. The Trading The PCX also proposes to amend its Exchange has designated the proposed hours of business to trade options on the rule change as constituting a ‘‘non- Rule 6.4(a)–(e)—No change. Nasdaq-100 Index Tracking Stock in controversial’’ rule change under Commentary: PCX Rule 4.2 from 6:30 a.m. to 1:15 p.m. paragraph (f)(6) of Rule 19b–4 under the .01–.03—No change. PT, except the last trading day of a Act.3 The Commission is publishing this .04 The interval of strike prices of calendar month, when trading in notice to solicit comments on the series of options on Exchange-Traded options on the Nasdaq-100 Index proposed rule change from interested Fund Shares will be $1 or greater where Tracking Stock will end at 1:05 p.m. PT. persons. the strike price is $200 or less. These hours are consistent with the * * * * * trading of options on Nasdaq-100 Index I. Self-Regulatory Organization’s Tracking Stock on the Amex and the II. Self-Regulatory Organization’s Statement of the Terms of Substance of Phlx. the Proposed Rule Change Statement of the Purpose of, and Statutory Basis for, the Proposed Rule The PCX believes that these The Exchange proposes to amend PCX Change amendments will increase investor Rule 6.4 by adding Commentary .04 to protection by allowing options on create one point strike price intervals for In its filing with the Commission, the Exchange-Traded Fund Shares and, in options on Exchange-Traded Fund Exchange included statements particular, options on the Nasdaq-100 Shares. The PCX also proposes to concerning the purpose of and basis for Index Tracking Stock to trade at the amend PCX Rule 4.2 by adding the proposed rule change and discussed same strike price intervals and trading Commentary .02 to establish the hours any comments it received on the hours on the PCX as on other exchanges. of trading for options on the Nasdaq-100 proposed rule change. The text of these The PCX believes that these Index Tracking Stock, which is a statements may be examined at the amendments will enable the PCX to particular type of Exchange-Traded places specified in Item IV below. The compete with other exchanges in these Fund Shares,4 from 6:30 a.m. to 1:15 Exchange has prepared summaries, set products. forth in sections A, B, and C below, of 1 15 U.S.C. 78s(b)(1). the most significant parts of such 2. Statutory Basis 2 17 CFR 240.19b–4. statements. The Exchange believes that the 3 17 CFR 240.19b–4(f)(6). 4 The Nasdaq-100, and Nasdaq-100 Index, and A. Self-Regulatory Organization’s proposed rule change will assist in Nasdaq are trade or service marks of The Nasdaq Statement of the Purpose of, and allowing the Exchange to offer investors Stock Market, Inc. (with its affiliates, the Statutory Basis for, the Proposed Rule another choice of venue to conduct ‘‘Corporations’’) and are licensed for use by the Change trading in these products. Thus, the Exchange. Options on Nasdaq-100 Index Tracking Exchange believes that the proposed Stock (the ‘‘Products’’) have not been passed on by 1. Purpose the Corporations as to their legality or suitability. rule change is consistent with Section The Products are not issued, endorsed, sold, or The purpose of the proposed rule 6(b) of the Act,8 in general, and furthers promoted by the Corporations. The Corporations change is to provide one point strike make no warranties and bear no liability with 5 respect to the Products. The Corporations do not price intervals for options on Exchange- See Securities Exchange Act Release No. 44025 guarantee the accuracy and/or uninterrupted (February 28, 2001), 66 FR 13986 (March 8, 2001) calculation of the Nasdaq-100 Index or any data merchantability or fitness for a particular purpose (Order approving SR–PCX–01–12). included therein. The Corporations make no or use with respect to the Nasdaq-100 Index or any 6 See Securities Exchange Act Release No. 40157 warranty, expressed or implied, as to results to be data included therein. Without limiting any of the (July 1, 1998), 63 FR 37426 (July 10, 1998) (Order obtained by Licensee, owners of the Products, or foregoing, in no event shall the Corporations have approving SR–Amex–96–44). any other person or entity from the use of the any liability for any lost profits or special, 7 See Securities Exchange Act Release No. 44055 Nasdaq-100 Index or any data included therein. incidental, punitive, indirect, or consequential (March 8, 2001), 66 FR 15310 (March 16, 2001) The Corporations make no express or implied damages, even if notified of the possibility of such (Order approving SR–Phlx–01–32). warranties, and expressly disclaim all warranties of damages. 8 15 U.S.C. 78f(b).
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the objectives of Section 6(b)(5) 9 in including whether the proposed rule Statement (EIS) on a proposal to provide particular, in that it is designed to change is consistent with the Act. a divided freeway facility from promote just and equitable principles of Persons making written submissions Interstate 55 (I–55) and State Route trade, to remove impediments to and should file six copies thereof with the (S.R.) 304 near Hernando in Desoto perfect the mechanism of free and open Secretary, Securities and Exchange County, Mississippi to US 51/S.R. 385 market and a national market system, Commission, 450 Fifth Street, NW., near Millington in Shelby County, and, in general, to protect investors and Washington, DC 20549–0609. Copies of Tennessee. Two general corridors, A the public interest. the submission, all subsequent and B, are being studied. Corridor A amendments, all written statements B. Self-Regulatory Organization’s will pass through the city of Memphis with respect to the proposed rule Statement on Burden on Competition and will generally follow the existing change that are filed with the interstate system from I–55/S.R. 304 in The Exchange does not believe that Commission, and all written Hernando, MS to US 51/S.R. 385 near the proposed rule change will impose communications relating to the Millington. Corridor B will be east of any burden on competition not proposed rule change between the Memphis and will begin at I–55/S.R. necessary or appropriate in furtherance Commission and any person, other than 304 in Hernando, MS and end at US 51/ of the purposes of the Act. those that may be withheld from the S.R. 385 near Millington. The proposed C. Self-Regulatory Organization’s public in accordance with the project will be 64 to 96 kilometers (40 Statement on Comments on the provisions of 5 U.S.C. 552, will be to 60 miles) in length depending on Proposed Rule Change Received From available for inspection and copying in which alternative alignment is selected. the Commission’s Public Reference Members, Participants, or Others This proposed improvement is a Section. Copies of such filing will also section of independent utility of the Written comments on the proposed be available for inspection and copying Congressionally-designated High rule change were neither solicited nor at the principal office of the PCX. All Priority Corridor 18, or future Interstate received. submissions should refer to File No. 69 which proposes to construct SR–PCX–2001–20 and should be III. Date of Effectiveness of the Interstate 69 from Port Huron, Michigan submitted by May 24, 2001. Proposed Rule Change and Timing for to the lower Rio Grande Valley in Texas. Commission Action For the Commission, by the Division of The overall purpose of this corridor is The proposed rule change has been Market Regulation, pursuant to delegated to improve international and interstate authority.14 filed by the Exchange as a ‘‘non- trade and to facilitate economic controversial’’ rule change pursuant to Margaret H. McFarland, development. 10 Deputy Secretary. Section 19(b)(3)(A) of the Act and Alternatives to be considered are: (1) subparagraph (f)(6) of Rule 19b–4 [FR Doc. 01–11088 Filed 5–2–01; 8:45 am] 11 Taking no action (no-build); (2) three thereunder. Because the foregoing BILLING CODE 8010–01–M build alternatives in Corridor A and proposed rule change: (i) Does not three build alternatives in Corridor B. significantly affect the protection of All alternatives will have a full control investors or the public interest; (ii) does DEPARTMENT OF TRANSPORTATION of access freeway design and will be on not impose any significant burden on both existing and new location and (3) competition; and (iii) by its terms, does Federal Highway Administration other alternatives that may arise from not become operative for 30 days after public and agency input. Incorporated the date of the filing, it has become Environmental Impact Statement: into and studied with the build effective pursuant to Section 19(b)(3)(A) Shelby County, Tennessee and Desoto alternatives will be design variations of of the Act 12 and Rule 19b–4(f)(6).13 The County, Mississippi grade and alignment. Exchange also provided the Commission AGENCY: Federal Highway with written notice of its intent to file Administration (FHWA), DOT. Initial coordination letters describing the proposed action and soliciting the proposed rule change, along with a ACTION: Notice of intent. brief description and text of the comments will be sent to appropriate proposed rule change, at least five SUMMARY: The FHWA is issuing this Federal, State and local agencies, and to business days prior to the date of the notice to advise the public that an private organizations and citizens who filing of the proposed rule change. At Environmental Impact Statement (EIS) have previously expressed or are known any time within 60 days of the filing of will be prepared for Section 9 of to have an interest in this proposal. A such proposed rule change, the proposed Interstate 69 in Desoto public hearing will be held upon Commission may summarily abrogate County, MS and Shelby County, TN completion of the Draft EIS and public such rule change if it appears to the beginning near Hernando, MS and notice will be given of the time and Commission that such action is extending to Millington, TN. place of the hearing. The Draft EIS will necessary or appropriate in the public FOR FURTHER INFORMATION CONTACT: Mr. be available for public and agency interest, for the protection of investors, Mark Doctor, Field Operations Team review and comment prior to the public or otherwise in furtherance of the Leader, Federal Highway hearing. A formal scoping meeting and purposes of the Act. Administration, 640 Grassmere Park, public involvement meetings are planned for late Spring 2001. IV. Solicitation of Comments Suite 112, Nashville, Tennessee 37211, Telephone: (615) 781–5788 To ensure that the full range of issues Interested persons are invited to SUPPLEMENTARY INFORMATION: related to this proposed action are submit written data, views and The addressed and all significant issues arguments concerning the foregoing, FHWA, in cooperation with the Tennessee Department of identified, comments and suggestions are invited from all interested parties. 9 15 U.S.C. 78f(b)(5). Transportation and Mississippi 10 15 U.S.C. 78s(b)(3)(A). Department of Transportation will Comments or questions concerning this 11 17 CFR 240.19b–4(f)(6). prepare an Environmental Impact proposed action and the EIS should be 12 15 U.S.C. 78s(b)(3)(A). directed to the FHWA at the address 13 17 CFR 240.19b–4(f)(6). 14 17 CFR 200.30–3(a)(12). provided above.
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(Catalog of Federal Domestic Assistance the end of the comment period and door locations, to be mechanical Program Number 20.205, Highway Planning specify the basis for their request. fastened to a bracket that is welded to and Construction. The regulations All communications concerning these a tubular side sill. The railroad states implementing Executive Order 12372 proceedings should identify the regarding intergovernmental consultation on that the equipment is a center sill-less Federal Programs and activities apply to this appropriate docket number (e.g., Waiver design and is supported by two tubular program.) Petition Docket Number FRA–2001– side sills and to mechanically fasten the Issued on: April 26, 2001. 9012) and must be submitted in step to the car would require drilling the Gary D. Corino, triplicate to the Docket Clerk, DOT sill which would weaken it. Central Docket Management Facility, Tennessee Assistant Division Administrator, Interested parties are invited to Nashville. Room P1–401, Washington, DC 20590– participate in these proceedings by 0001. Communications received within [FR Doc. 01–11047 Filed 5–2–01; 8:45 am] submitting written views, data, or 45 days of the date of this notice will comments. FRA does not anticipate BILLING CODE 4910–22–P be considered by FRA before final scheduling a public hearing in action is taken. Comments received after connection with these proceedings since DEPARTMENT OF TRANSPORTATION that date will be considered as far as the facts do not appear to warrant a practicable. All written communications hearing. If any interested party desires Federal Railroad Administration concerning these proceedings are an opportunity for oral comment, they available for examination during regular should notify FRA, in writing, before Petition for Waiver of Compliance business hours (9 a.m.–5 p.m.) at DOT the end of the comment period and Central Docket Management Facility, In accordance with Part 211 of Title specify the basis for their request. Room P1–401 (Plaza Level), 400 49 Code of Federal Regulations (CFR), All communications concerning these notice is hereby given that the Federal Seventh Street SW., Washington, DC. proceedings should identify the Railroad Administration (FRA) received All documents in the public docket are appropriate docket number (e.g., Waiver a request for a waiver of compliance also available for inspection and Petition Docket Number FRA–2000– with certain requirements of its safety copying on the Internet at the docket 8588) and must be submitted to the standards. The individual petition is facility’s Web site at http://dms.dot.gov. Docket Clerk, DOT Central Docket described below including the party Issued in Washington, DC. on April 23, Management Facility, Room Pl–401, seeking relief, the regulatory provisions 2001. Washington, DC 20590–0001. involved, the nature of the relief being Grady C. Cothen, Jr., Communications received within 45 requested and the petitioner’s Deputy Associate Administrator for Safety days of the date of this notice will be arguments in favor of relief. Standards and Program Development. considered by FRA before final action is [FR Doc. 01–11085 Filed 5–2–01; 8:45 am] taken. Comments received after that United States Department of the BILLING CODE 4910–06–P date will be considered as far as Interior practicable. All written communications [Docket Number FRA–2001–9012] concerning these proceedings are The United States Department of the DEPARTMENT OF TRANSPORTATION available for examination during regular Interior on behalf of Steam Town business hours (9 a.m.–5 p.m.) at the National Historic Site seeks a waiver of Federal Railroad Administration above facility. All documents in the public docket are also available for compliance with the Inspection and Petition for Waiver of Compliance Maintenance Standards for Steam inspection and copying on the Internet Locomotives, 49 CFR Part 230, In accordance with Part 211 of Title at the docket facility’s Web site at published November 17, 1999. Section 49 Code of Federal Regulations (CFR), http://dms.dot.gov. 230.3(c) of the standards requires steam notice is hereby given that the Federal Issued in Washington, DC on April 27, locomotives having flue tubes replaced Railroad Administration (FRA) received 2001. prior to September 25, 1995, have a one a request for a waiver of compliance Grady C. Cothen, Jr., thousand four hundred seventy-two with certain requirements of its safety Deputy Associate Administrator for Safety service day inspection [49 CFR 230.17] standards. The individual petition is Standards and Program Development. performed prior to being allowed to described below including the party [FR Doc. 01–11084 Filed 5–2–01; 8:45 am] operate under the requirements. The seeking relief, the regulatory provisions BILLING CODE 4910–06–P Steam Town National Historic Site involved, the nature of the relief being seeks this waiver for one locomotive requested, and the petitioner’s number CP 2317, which had the flue arguments in favor of relief. DEPARTMENT OF TRANSPORTATION tubes replaced and was returned to Long Island Rail Road service in July of 1998. Steam Town Research and Special Programs National Historic Site was unaware of [Docket Number FRA–2000–8588] Administration the requirement to file for special Long Island Rail Road (LIRR) seeks a [Docket RSPA–98–4957 Notice 26] consideration and failed to meet the cut waiver of compliance with the Safety off filing date of January 18, 2001. Appliance Safety Standards, 49 CFR Request for Public Comment Interested parties are invited to part 231.14, which requires that sill participate in these proceedings by steps be mounted utilizing mechanical AGENCY: Research and Special Programs submitting written views, data, or fasteners. They request that the waiver Administration, DOT. comments. FRA does not anticipate be granted for one hundred twenty-one SUMMARY: In accordance with the scheduling a public hearing in bi-level passenger coaches and twenty- Paperwork Reduction Act of 1995, the connection with these proceedings since three bi-level control car locomotives Research and Special Programs the facts do not appear to warrant a manufactured by Kawasaki. The waiver, Administration (RSPA) published its hearing. If any interested party desires if granted, would allow sill steps located request to renew its information an opportunity for oral comment, they at the four corners and two located on collection ‘‘Reporting of Safety-Related should notify FRA, in writing, before each side of the equipment, at the side Conditions on Gas, Hazardous Liquid
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and Carbon Dioxide Pipelines and electronic, mechanical, or other collection of information they conduct Liquefied Natural Gas Facilities’’ on technological collection techniques. or sponsor. This request for comment is February 15, 2001, (66 FR 10560). No Send comments directly to the Office of being made pursuant to Section comments were received. RSPA is Management and Budget, Office of 3506(c)(2)(A) of the PRA. giving the public an additional 30 days Information and Regulatory Affairs With respect to the following to provide comments. ATTN: RSPA Desk Officer 726 Jackson collection of information, VBA invites FOR FURTHER INFORMATION CONTACT: Place NW., Washington, DC 20503. comments on: (1) Whether the proposed Marvin Fell, Office of Pipeline Safety, Issued in Washington, DC on April 25, collection of information is necessary Research and Special Programs 2001. for the proper performance of VBA’s Administration, U.S. Department of Stacey L. Gerard, functions, including whether the Transportation, 400 Seventh Street, Associate Administrator for Pipeline Safety. information will have practical utility; SW., Washington, DC 20590, (202) 366– [FR Doc. 01–11154 Filed 5–2–01; 8:45 am] (2) the accuracy of VBA’s estimate of the 6205, or by Fax (202) 366–4566, or via BILLING CODE 4910–60–P burden of the proposed collection of electronic mail at information; (3) ways to enhance the [email protected]. quality, utility, and clarity of the SUPPLEMENTARY INFORMATION: DEPARTMENT OF VETERANS information to be collected; and (4) Title: Reporting of Safety-Related AFFAIRS ways to minimize the burden of the Conditions on Gas, Hazardous Liquid, collection of information on and Carbon Dioxide Pipelines and [OMB Control No. 2900–0166] respondents, including through the use of automated collection techniques or Liquefied Natural Gas Facilities. Proposed Information Collection the use of other forms of information OMB Number: 2137–0578. Activity: Proposed Collection; technology. Type of Request: Renewal of existing Comment Request information collection. Titles: a. Application for Ordinary Abstract: 49 U.S.C. 60102 requires AGENCY: Veterans Benefits Life Insurance, Replacement Insurance each operator of a pipeline facility Administration, Department of Veterans for Modified Life Reduced at Age 65, (except master meter) to submit to the Affairs. National Service Life Insurance, VA Department of Transportation a written ACTION: Notice. Form 29–8485. report on any safety-related condition b. Application for Ordinary Life that causes or has caused a significant SUMMARY: The Veterans Benefits change or restriction in the operation of Administration (VBA), Department of Insurance, Replacement Insurance for pipeline facility or a condition that is a Veterans Affairs (VA), is announcing an Modified Life Reduced at Age 70, hazard to life, property or the opportunity for public comment on the National Service Life Insurance, VA environment. proposed collection of certain Form 29–8485a. Estimate of Burden: The average information by the agency. Under the c. Application for Ordinary Life burden hour per response is 6 hours. Paperwork Reduction Act (PRA) of Insurance, Replacement Insurance for Respondents: Pipeline and Liquefied 1995, Federal agencies are required to Modified Life Reduced at Age 65, Natural Gas facility operators. publish notice in the Federal Register National Service Life Insurance, VA Estimated response per year: 47. concerning each proposed collection of Form 29–8700. Estimated Total Annual Burden on information, including each extension d. Information About Modified Life Respondents: 282 hours. of a currently approved collection, and Reduction, VA Forms 29–8700a–e. Frequency: On occasion. allow 60 days for public comment in OMB Control Number: 2900–0166. Use: To alert RSPA of hazardous response to the notice. This notice conditions that might continue solicits comments on forms needed to Type of Review: Extension of a uncorrected. apply for replacement insurance to currently approved collection. Copies of this information can be replace the amount of Modified Life Abstract: The forms are used by the reviewed at the Dockets Unit,. Plaza Insurance that was reduced at age 70. insured to apply for replacement 401, U.S. Department of Transportation, DATES: Written comments and insurance to replace the amount of 400 Seventh Street, SW., Washington, recommendations on the proposed Modified Life Insurance that was DC, 10:00 A.M. to 4:00 P.M. Monday collection of information should be reduced at age 70. The information is through Friday excluding Federal received on or before July 2, 2001. used by VA to initiate the granting of Holidays or through the internet at ADDRESSES: coverage for which applied. dms.dot.gov. Submit written comments Comments are invited on (a) the need on the collection of information to Affected Public: Individuals or for the proposed collection of Nancy J. Kessinger, Veterans Benefits households. information for the proper performance Administration (20S52), Department of Estimated Annual Burden: 642 hours. of the functions of the agency, including Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420 or e-mail Estimated Average Burden Per whether the information will have Respondent: 5 minutes. practical utility; (b) the accuracy of the comments to: [email protected]. agency’s estimate of the burden of the Please refer to ‘‘OMB Control No. 2900– Frequency of Response: One time. proposed collection of information 0166’’ in any correspondence. Estimated Number of Respondents: including the validity of the FOR FURTHER INFORMATION CONTACT: 7,700. methodology and assumptions used; (c) Nancy J. Kessinger at (202) 273–7079 or FAX (202) 275–5947. Dated: April 26, 2001. ways to enhance the quality, utility, and By Direction of the Secretary. clarity of the information to be SUPPLEMENTARY INFORMATION: Under the collected; and (d) ways to minimize the PRA of 1995 (Pub. L. 104–13; 44 U.S.C., Donald L. Neilson, burden of the collection of information 3501–3520), Federal agencies must Director, Information Management Service. on those who respond including the use obtain approval from the Office of [FR Doc. 01–11059 Filed 5–2–01; 8:45 am] of the appropriate automated, Management and Budget (OMB) for each BILLING CODE 8320–01–U
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DEPARTMENT OF VETERANS FOR FURTHER INFORMATION OR A COPY OF Notice with a 60-day comment period AFFAIRS THE SUBMISSION CONTACT: Denise soliciting comments on this collection McLamb, Information Management of information was published on August [OMB Control No. 2900–0559] Service (045A4), Department of 17, 2000, at pages 50276–50277. Veterans Affairs, 810 Vermont Avenue, Affected Public: State, Local or Tribal Agency Information Collection NW, Washington, DC 20420, (202) 273– Government. Activities Under OMB Review 8030, FAX (202) 273–5981 or e-mail Estimated Annual Burden: 65 hours. [email protected]. Please Estimated Average Burden Per AGENCY: National Cemetery refer to ‘‘OMB Control No. 2900–0559’’ Respondent: 60 minutes. Administration, Department of Veterans in any correspondence. Frequency of Response: Annually. Affairs. SUPPLEMENTARY INFORMATION: Estimated Number of Respondents: ACTION: Notice. Title: State Cemetery Data, VA Form 40–0241. 65. Send comments and SUMMARY: In compliance with the OMB Control Number: 2900–0559. Paperwork Reduction Act (PRA) of 1995 Type of Review: Reinstatement, recommendations concerning any (44 U.S.C., 3501 et seq.), this notice without change, of a previously aspect of the information collection to announces that the National Cemetery approved collection for which approval VA’s OMB Desk Officer, OMB Human Administration (NCA), Department of has expired. Resources and Housing Branch, New Abstract: VA Form 40–0241 is used to Veterans Affairs, has submitted the Executive Office Building, Room 10235, collect information regarding the collection of information abstracted Washington, DC 20503, (202) 395–7613. number of interments conducted at state below to the Office of Management and Please refer to ‘‘OMB Control No. 2900– veterans’ cemeteries each year. This Budget (OMB) for review and comment. 0559’’ in any correspondence. information is necessary for budget and The PRA submission describes the Dated: April 20, 2001. oversight purposes. nature of the information collection and An agency may not conduct or By Direction of the Secretary. its expected cost and burden; it includes sponsor, and a person is not required to Donald L. Neilson, the actual data collection instrument. respond to a collection of information Director, Information Management Service. DATES: Comments must be submitted on unless it displays a currently valid OMB [FR Doc. 01–11058 Filed 5–2–01; 8:45 am] or before June 4, 2001. control number. The Federal Register BILLING CODE 8320–01–U
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Corrections Federal Register Vol. 66, No. 86
Thursday, May 3, 2001
This section of the FEDERAL REGISTER On page 20652, in the first column, in DEPARTMENT OF THE TREASURY contains editorial corrections of previously the third line from the bottom, the published Presidential, Rule, Proposed Rule, docket number should read ‘‘ER01– Internal Revenue Service and Notice documents. These corrections are 1778–000’’. prepared by the Office of the Federal 26 CFR Part 1 Register. Agency prepared corrections are [FR Doc. C1–10080 Filed 5–2–01; 8:45 am] issued as signed documents and appear in BILLING CODE 1505–01–D the appropriate document categories [TD 8940] elsewhere in the issue. DEPARTMENT OF THE TREASURY RIN 1545-AY73
DEPARTMENT OF ENERGY Customs Service Purchase Price Allocation in Deemed and Actual Asset Acquisitions; Federal Energy Regulatory Quarterly IRS Interest Rates Used In Correction Commission Calculating Interest on Overdue Accounts and Refunds on Customs Correction Duties [Docket No. ER00–325–002, et al.] In rule document 01–7934 beginning Correction on page 17362 in the issue of Friday, Southern Company Services, Inc., et In notice document 01–9647 March 30, 2001, make the following al.; Electric Rate and Corporate beginning on page 20173 in the issue of Regulation Filings correction: Thursday, April 19, 2001, make the On page 17363, in the table under the April 17, 2001. following correction: column heading ‘‘Add’’, in the second On page 20174, in the second column, line, ‘‘§1.338&–-2(c)(17)’’ is corrected to Correction in the second paragraph, in the first sentence, ‘‘IRB 136’’ is corrected to read read ‘‘§1.338–2(c)(17)’’. In notice document 01–10080 ‘‘IRB 936’’. [FR Doc. C1–7934 Filed 5–2–01; 8:45 am] beginning on page 20651 in the issue of Tuesday, April 24, 2001, make the [FR Doc. C1–9647 Filed 5–2–01; 8:45 am] BILLING CODE 1505–01–D following correction: BILLING CODE 1505–01–D
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Part II
Department of Health and Human Services Administration for Children and Families
Fiscal Year 2001 Discretionary Announcement for Head Start Family Worker Training and Credentialing Initiative; Availability of Funds and Request for Applications; Notice
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DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: The improvement, local capacity-building and HUMAN SERVICES Head Start Discretionary Grant Support ongoing evaluation. Team (1–800–351–2293) is available to Part I. Purpose and Background Administration for Children and answer questions concerning Families application requirements and to refer A. Purpose you to the appropriate contact person in The purpose of this announcement is [Program Announcement No. ACYF/HS– ACYF for programmatic questions. You to solicit applications for grants for the 2001–07] may e-mail your questions to: design and/or adaptation of [email protected]. competency-based training programs Fiscal Year 2001 Discretionary In order to determine the number of appropriate for utilization in a national Announcement for Head Start Family expert reviewers that will be necessary, Head Start Family Worker Training and Worker Training and Credentialing if you plan to submit an application, Credentialing Initiative. Grants will be Initiative; Availability of Funds and you are requested to send a post card or awarded to develop methodologies and Request for Applications call with the following information: the approaches to enhance the skills, name, address, telephone and fax AGENCY: Administration on Children, knowledge, and effectiveness of Family numbers, and e-mail address of the Youth and Families (ACYF), ACF, Services staff who are working with project director and the name of the DHHS. parents and young children in Head applicant at least four weeks prior to the Start and Early Head Start, and other ACTION: Notice. submission deadline date to: Head Start early childhood and child care family Family Worker Training and SUMMARY: The Administration for support programs. Children and Families (ACF), Credentialing Initiative, ACYF Organizations funded under this Administration on Children, Youth and Operations Center, 1815 North Fort Announcement will work cooperatively Families (ACYF) announces the Myer Drive, Suite 300, Arlington, with the Head Start Bureau, national availability of $1,000,000; up to Virginia 22209. experts, and national organizations in Fiscal Year 2001 Discretionary $100,000 per project for one year to furthering this initiative. Announcement for Head Start Family support up to ten entities to design and/ Successful applicants will be Worker Training and Credentialing or adapt competency-based training expected to work collaboratively with Initiative programs and curricula suitable for the local Head Start programs as well as with other service agencies and training and credentialing of Head Start Table of Contents Family Worker Staff. Academic organizations involved in endeavors, This program announcement is which grant credit, degrees, and institutions, other training providers, divided into five sections: and public or private non-profit or for- credentialing of Family Workers. profit organizations are eligible to apply Part I contains general information and an B. Background for projects, which will be funded on a introductory section that describes the background of various Head Start initiatives Head Start competitive basis. supporting professional development, the Applicants must provide assurances target audience of this initiative, and the Head Start and Early Head Start are that if they receive funds under the Head Start Bureau’s expectations regarding comprehensive child development announcement, the model training this initiative and next steps. programs which serve children from program required as part of the final Part II contains key program information birth to age five, pregnant women, and report described in the section of this such as a description of competitive their families. The Early Head Start announcement entitled: Expectations categories, eligible applicants, project periods program provides services to children and Requirements for Family Worker and applicable Head Start regulations. zero to three and serves approximately Training and Credentialing Projects will Part III contains the requirements for 50,000 children. Head Start, which information that must be included in each provides services to children age three be established as part of the grantee’s application. regular curricular offerings no later than Part IV contains the criteria upon which to five, currently serves over 850,000 one year from the date of submission of applications will be reviewed and evaluated. low-income families and their children the report. Part V contains a discussion of the through a nationwide network of DATES: The closing date for receipt of application process. approximately 2,100 grantee and applications is 5:00 P.M. EDT, July 2, Appendix A includes the relevant delegate agencies. These agencies serve 2001. application forms, certifications, disclosures children and families through a variety and assurances necessary for completing and of program options and service ADDRESSES: Mail applications to: Head submitting the application. strategies including center-based, home- Start Family Worker Training and Appendix B contains a listing of based, and family child care Credentialing Initiative, ACYF Competency Goals and Indicators for Head Start Staff Working with Families. partnerships. Operations Center, 1815 North Fort Note: In the balance of this document, the Myer Drive, Suite 300, Arlington, Appendix C includes a listing of the Head Start Quality Improvement Centers. The term ‘‘Head Start’’ refers to both Head Start Virginia 22209. Head Start Quality Improvement Centers and and Early Head Start programs and staff, Hand delivered courier or overnight Disability Services Quality Improvement unless otherwise indicated. delivery applications are accepted Centers form a regionally-based system, Since its inception in 1965, Head during the normal working hours of 8:00 composed of institutions and organizations Start has had a strong commitment and a.m. to 5:00 p.m., Monday through whose common purpose is to support the impressive success in involving, Friday, on or prior to the established continuous improvement of all grantees and educating and supporting parents and closing date. delegate agencies as they work to provide families as an integral part of every local high quality and effective services to children All packages should be clearly labeled program. For example, recent research as follows: and families and address the emerging priorities of child care partnerships, Head in a nationally representative sample of Application for Head Start Family Start expansion and welfare reform. The programs documented high levels of Worker Training and Credentialing Training and Technical Assistance reflects a parent involvement and satisfaction: Initiative national commitment to quality approximately 80% of all parents
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participate in home visits, parent- ongoing professional development special academic and social supports to teacher conferences, classroom opportunities. successfully meet standards in general observations and volunteering and over education and early childhood courses, Family Worker Training and 85% of parents were very satisfied with and Credentialing Initiative the quality of services their child • Recognition that with over twenty- received. These findings corroborate the The Family Worker Training and nine percent of Head Start staff 1999 report of the American Customers Credentialing Initiative is designed to members being parents of former or Satisfaction Index, in which Head Start implement a mandate from Congress in current Head Start children that there is received the highest rating of any the Head Start Act Amendments of 1994 a necessity to ensure that any government program. (P.L. 103–252). This Section of the Act competency-based training program/ Building on this strong record of required that ‘‘the Secretary, in curriculum for Family Workers is success and commitment, the initiative coordination with concerned public and appropriate for, open to, and welcomes described in this announcement is private agencies and organizations the parents of Head Start children so intended to continue to strengthen the examining the issues of standards and that they can attain the necessary quality of services to and depth of training for family service workers, shall competencies. partnerships with families by enhancing * * * (1) review and, as necessary, revise or develop new qualification Expectations and Requirements for the training and effectiveness of Family Family Worker Training and Workers in all Head Start programs. It standards for Head Start staff providing such services; (2) promote the Credentialing Projects complements a broad series of related development of model curricula (on Section 649 the Head Start Act efforts to improve Head Start program subjects including parenting training authorizes grants for research, quality, staff credentials, and and family literacy) designed to ensure demonstration and collaboration accountability, including more specific the attainment of appropriate activities. These grants will involve performance standards and measures in competencies by individuals working or extensive investigation into areas where children’s literacy and language planning to work in the field of early knowledge is currently insufficient and development, a new focus on child childhood and family services; and (3) will be awarded pursuant to Section outcomes in program monitoring and promote the establishment of a 649. self-assessment, expanded funding to credential that indicates the attainment Based on the above legislative upgrade program quality and staff of the competencies that is accepted mandates, focus group input, and compensation, and higher qualification nationwide’’. additional planning, the Head Start standards for Head Start teachers. To assist in planning to carry out the Bureau is issuing this grants Family Workers in Head Start Congressional mandates, the Head Start announcement to support the Bureau in 1999 and 2000 convened five development and/or adaptation of a More than 25,000 Family Workers are focus groups of leaders from: national variety of models of competency-based, employed in local Head Start programs. organizations, local Head Start Programs credit-bearing training for Family Family Workers play a critical role in including parents of past and currently Workers in Head Start and early developing and supporting the enrolled children; Head Start Quality childhood and family support programs. implementation of Head Start’s family Improvement Centers; accreditation The central requirements for all projects partnership process. Through this organizations and higher education are as follows: process the family of each enrolled institutions to discuss the needs, issues, • Develop competency-based training child has opportunities to develop and and existing models of Head Start programs and curricula relevant to the implement an individualized plan of Worker staff training. work of a Head Start Family Worker services based on their interests and Among the issues and needs based on the Head Start Program needs. In many instances, the quality of identified by focus group participants Performance Standards; the Competency support received by families correlates were the following: Goals and Indicators for Head Start Staff with the training and qualifications of • Input to the development of Working with Families, attached in the program’s Family Workers. ‘‘Competency Goals and Indicators for Appendix B; and include a credible Collectively, Family Workers Head Start Staff Working with Families’’ approach to assessing the attainment of represent a group with varied levels of attached in Appendix B, page 27. These these competencies by individual professional education/training and competencies are being communicated trainees; experience. Local agencies have to Head Start agencies to assist local • Create or adapt competency-based established a range of qualifications for efforts in selecting, training, and training that is linked to academic credit Family Workers varying from a Masters supervising Family Workers and will and degree programs and to other forms of Social Work (MSW) or other related provide a common framework for of credentialing for Family Workers. degree to a High School diploma. competency-based training models Applicants are urged to present plans Accordingly, some Head Start Social solicited via this announcement; for training which provide for Services and Parent Involvement staff • Key characteristics of models for articulation to AA, BA, MS degree (known as Family and Community delivery of training in these programs if the trainee decides to Partnerships staff since 1998) are college competencies and approaches to link continue his/her education, and degreed as well as state licensed or competency-based training to higher portability, should trainees desire to be credentialed. Others have received education coursework and degrees; Family Workers in other related undergraduate training or on-the-job • The importance and challenges of programs; training. Some Family Workers are creating competency-based training that • Develop training and curricula that current or former parents of Head Start is responsive to highly diverse adult is accessible and affordable for adult children. As might be expected, Family learners, such as Family Workers in learners and that accommodates the Workers also vary widely in Head Start and child care programs with training needs of current Head Start characteristics such as salary levels, little recent experience as students, who Family Workers, including former Head staffing patterns, fields of study, tenure, frequently continue to work while Start Parents who are likely to continue average salary, forms of supervision and pursuing a degree, and who may require to work full time as they continue to
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participate in training towards a Family training program, including but not Part II. Program Information and Worker credential; and limited to recruitment, entry Requirements • Create state-of-the-art training and requirements, course content, credit A. Statutory Authority assessment strategies that will hours, primary and alternate delivery ultimately enhance the quality of modalities, time requirements, The Head Start Act, as amended 42 program services and outcomes for the implementation plans and schedule, U.S.C. 9801 et seq. increasing diversity of low-income staffing qualifications, program and B. Eligible Applicants families served by Head Start and early student assessments (including a childhood programs and agencies. Applicants must be public or private The Bureau is soliciting applications method or strategy for the assessment of institutions of higher education or to develop and/or adapt competency- the competencies to be acquired by nonprofit or for profit organizations based training curricula and programs trainees), program accreditation, with experience and knowledge in appropriate to the fulfillment of credentialing mechanisms, articulation working with early childhood programs educational and professional growth plans/processes/agreements, and cost for young children birth to age five. In needs of Family Worker staff factors are to be included in this accordance with 45 CFR 74.81, for profit nationwide, including all geographic presentation. At some point in the organizations must waive their profit regions as well as for staff serving future, the Head Start Bureau intends to when applying for funding under this Migrant and Indian families and require a common set of competencies announcement. communities. For purposes of this and skills for Family Workers. Model C. Project Duration announcement ‘‘development’’ means curricula developed under this the creation and design of a totally new Announcement will be used to help Awards will be made on a competency-based, credit-based, determine the requisite training and competitive basis and will be for a one- training program. ‘‘Adaptation’’ means credential attainment for these workers. year period. The total project period the proposed utilization of ‘‘as is’’ or Therefore, successful applicants are also will be one year. slightly modified appropriate credit- expected to declare their intent to D. Federal Share of Project Costs bearing competency-based training implement their proposed program after A total of approximately $1,000,000 program coursework and materials, the end of the grant period, independent delivery modalities, scheduling and cost in ACF funds will be available. of any additional Federal support, if the factors, etc. E. Number of Projects To Be Funded Innovative, realistic, forward-looking, Head Start Bureau determines that their and trainee accessible model training model is sufficient to meet the training ACF will fund up to ten applicants. program designs are necessary in order needs of Head Start Family Workers. An individual discretionary grant will to facilitate and advance the Head Start The Bureau in concert with national be awarded to a successful applicant in Family Worker Training Initiative. experts and practitioners will carry out order to foster achievement of the goals Applicants may propose developmental a comprehensive review of all final of this Head Start initiative. work such as re-shaping course submissions. The review will include F. Matching Requirement materials, curriculum and teaching examination of how proposed programs strategies; adapting mentoring, Although there are no matching will enhance the capacities of trainees requirements, applicants are encouraged advisement, reflective practice, and in all of the areas addressed in the Head practicum strategies, using distance to provide non-Federal contributions to Start Program Performance Standards the project. learning and other forms of technology and sub-areas of the eleven Family in new ways, alternate means to Workers ‘‘Competency Goals and Part III. Application Requirements improve access, reduce costs, and Indicators’’ as defined in Appendix B. increase the successful completion of A. Purpose As a result of this review, the Bureau the training sequence and The project description provides a demonstration of competencies by will examine the possible establishment major means by which an application is candidates; and new efforts and and implementation of a Family Worker evaluated and ranked to compete with methods to link competency-based Training Program Resource Data Base other applications for available training and curriculum to academic incorporating all training programs assistance. The project description credit, higher education degree conforming to Head Start’s should be concise and complete and programs and related credentialing requirements. Those providers and should address the activity for which systems for Family Workers. Applicants programs included in the Data Base will Federal funds are being requested. are strongly encouraged to involve be deemed to be responsive and Supporting documents should be Family Workers, managers, program appropriate for use by local program included where they can present directors from Head Start and other Family Worker staff in pursuing courses information clearly and succinctly. community-based programs and training of studies and credentialing. In preparing your project description, and technical assistance providers in Grantees will be expected to attend a all information requested through each their grant application planning and three-day Orientation Meeting regarding specific evaluation criteria should be implementation of their projects. this Initiative in Washington D.C. to be provided. Awarding offices use this and Attachment C provides a Directory of held no later than six weeks after grant other information in making their Head Start Training and Technical funding recommendations. It is award. The Head Start Bureau and a Assistance providers. important, therefore, that this work group of national consultants on Each funded project will be expected information be included in the to present a comprehensive competency-based training and application. competency-based credit-bearing credentialing will convene to engage training program and curriculum (plus with grantees regarding programmatic B. General Instructions alternate designs, if any) to the Head issues and Bureau expectations for this ACF is particularly interested in Start Bureau at the end of this grant initiative. Applicants need to budget for specific factual information and project period. All elements of the the three-day Orientation meeting. statements of measurable goals in
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quantitative terms. Project descriptions that might accelerate or decelerate the terms and conditions that structure or are evaluated on the basis of substance, work and state your reason for taking define the relationship. not length. Extensive exhibits are not the proposed approach rather than required. Cross-referencing should be others. Describe any unusual features of Letters of Support used rather than repetition. Supporting the project such as design or Provide statements from community, information concerning activities that technological innovations, reductions in public and commerical leaders that will not be directly funded by the grant cost or time, or extraordinary social and support the project proposed for or information that does not directly community involvement. funding. All submissions should be pertain to an integral part of the grant Provide quantitative monthly or included in the application OR by funded activity should be placed in an quarterly projections of the application deadline. appendix. accomplishments to be achieved for Pages should be numbered and a table each function or activity in such terms H. Budget and Budget Justification of contents should be included for easy as the number of people to be served reference. and the number of activities Provide line item detail and detailed calculations for each budget object class Introduction accomplished. When accomplishments cannot be quantified by activity or identified on the Budget Information Applicants are required to submit a function, list them in chronological form. Detailed calculations must full project description and shall order to show the schedule of include estimation methods, quantities, prepare the project description accomplishments and their target dates. unit costs, and other similar quantitative statement in accordance with the If any data is to be collected, detail sufficient for the calculation to be following instructions and the specified maintained, and/or disseminated, duplicated. The detailed budget must evaluation criteria. The instructions give clearance may be required from the U.S. also include a breakout by the funding a broad overview of what your project Office of Management and Budget sources identified in Block 15 of the SF– description should include while the (OMB). This clearance pertains to any 424. evaluation criteria expands and clarifies ‘‘collection of information that is Provide a narrative budget more program-specific information that conducted or sponsored by ACF.’’ is needed. justification that describes how the List organizations, cooperating categorical costs are derived. Discuss Project Summary/Abstract entities, consultants, or other key the necessity, reasonableness, and Provide a summary of the Project individuals whom will work on the allocability of the proposed costs. project along with a short description of description (a page or less) with General reference to the funding request. the nature of their effort or contribution. C. Objectives and Need for Assistance F. Additional Information The following guidelines are for Following are requests for additional preparing the budget and budget Clearly identify the physical, justification. Both Federal and non- economic, social, institutional and other information that need to be included in the application. Federal resources shall be detailed and problems(s) requiring a solution. The justified in the budget and narrative need for assistance must be 1. Staff and Position Data justification. For purposes of preparing demonstrated and the principal and the budget and budget justification, subordinate objectives of the project Provide a biographical sketch for each ‘‘Federal resources’’ refers only to the must be clearly stated; supporting key person appointed and a job documentation, such as letters of description for each vacant key position. ACF grant for which you are applying. support and testimonials from A biographical sketch will also be Non-Federal resources are all other concerned interests other than the required for new key staff as appointed. Federal and non-Federal resources. It is suggested that budget amounts and applicant, may be included. Any 2. Organizational Profiles relevant data based on planning studies computations be presented in a should be included or referred to in the Provide information on the applicant columnar format: first column, object endnotes/footnotes. Incorporate organization(s) and cooperating partners class categories; second column, Federal demographic data and participant/ such as organizational charts, financial budget; next column(s), non-Federal beneficiary information, as needed. In statements, audit reports or statements budget(s), and last column, total budget. developing the project description, the from CPAs/Licensed Public The budget justification should be a applicant may volunteer or be requested Accountants, Employer Identification narrative. Numbers, names of bond carriers, to provide information on the total Personnel range of projects currently being contact persons and telephone numbers, conducted and supported or (to be child care licenses and other Description: Costs of employee initiated), some of which may be documentation of professional salaries and wages. outside the scope of the program accreditation, information on Justification: Identify the project announcement. compliance with Federal/State/local government standards, documentation director or principal investigator, if D. Results or Benefits Expected of experience in the program area, and known. For each staff person, provide Identify the results and benefits to be other pertinent information. the title, time commitment to the project derived. (in months), time commitment to the G. Third-Party Agreements project (as a percentage or full-time E. Approach Include written agreements between equivalent), annual salary, grant salary, Outline a plan of action that describes the grantee and subgrantees or wage rates, etc. Do not include the costs the scope and detail of how the subcontractors or other cooperative of consultants or personnel costs of proposed work will be accomplished. entities. These agreements must detail delegate agencies or of specific Account for all functions or activities scope of work to be performed, work project(s) or businesses to be financed identified in the application. Cite factors schedules, remuneration, and other by the applicant.
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Fringe Benefits Other Criterion 1. Objectives and Need for Assistance: (15 points) Description: Costs of employee fringe Enter the total of all other costs. Such benefits unless treated as part of an costs, where applicable and appropriate, The extent to which the application approved indirect cost rate. may include but are not limited to identifies relevant physical, economic, Justification: Provide a breakdown of insurance, food, medical and dental social, financial, institutional or other the amounts and percentages that costs (noncontractual), professional problems requiring a grant; demonstrates the need for assistance; comprise fringe benefit costs such as services costs, space and equipment health insurance, FICA, retirement states the principal and subordinate rentals, printing and publication, insurance, taxes, etc. objectives of the project; provides computer use, training costs, such as supporting documentation or other Travel tuition and stipends, staff development testimonies from concerned interests Description: Costs of project-related costs, and administrative costs. other than the applicant. travel by employees of the applicant Justification: Provide computations, a Information provided in response to organization (does not include costs of narrative description and a justification Part III, Section C. of this announcement consultant travel). for each cost under this category. will be used to evaluate applicants on Justification: For each trip, show the this criterion. total number of traveler(s), travel Indirect Charges Criterion 2. Results or Benefits destination, duration of trip, per diem, Description: Total amount of indirect Expected: (25 points) mileage allowances, if privately owned costs. This category should be used only vehicles will be used, and other when the applicant currently has an The extent to which the application identifies the results and benefits to be transportation costs and subsistence indirect cost rate approved by the derived; describes the anticipated allowances. Travel costs for key staff to Department of Health and Human attend ACF-sponsored workshops contribution to policy, practice, theory Services (HHS) or another cognizant should be detailed in the budget. and/or research; specific benefits should Federal agency. be described for Head Start and the Equipment Justification: An applicant that will whole early childhood community ‘‘Equipment’’ means an article of charge indirect costs to the grant must working with children birth through nonexpendable, tangible personal enclose a copy of the current rate five. property having a useful life or more agreement. If the applicant organization The Head Start Bureau is particularly than one year and an acquisition cost is in the process of initially developing interested in the following: which equals or exceeds the lesser of (a) or renegotiating a rate, it should 1. Based on the stated program the capitalization level established by immediately upon notification that an objectives, identify the results and the organization for the financial award will be made, develop a tentative benefits to be derived for Family statement purposes, or (b) $5,000. (Note: indirect cost rate proposal based on its Workers in Head Start, Early Head Start, Acquisition cost means the net invoice most recently completed fiscal year in and staff in other early childhood, child unit price of an item of equipment, accordance with the principles set forth care and family support agencies. including the cost of any modifications, in the cognizant agency’s guidelines for 2. Describe potential longer term attachments, accessories, or auxiliary establishing indirect cost rates, and benefits of this initiative, including apparatus necessary to make it usable submit it to the cognizant agency. enhancing participation and provision for the purpose for which it is acquired. Applicants awaiting approval of their of higher education opportunities for Ancillary charges, such as taxes, duty, indirect cost proposals may also request family service staff; enhancement of protective in-transit insurance, freight, indirect costs. It should be noted that relationships between higher education and installation shall be included in or when an indirect cost rate is requested, institutions and local early care and excluded from acquisition cost in those costs included in the indirect cost education programs, including Head accordance with the organization’s pool should not also be charged as Start; program quality, and practices regular written accounting practices.) and outcomes in early care child/family direct costs to the grant. Also, if the Justification: For each type of programs. applicant is requesting a rate which is equipment requested, provide a Information provided in response to less than what is allowed under the description of the equipment, the cost Part III, Section D of this announcement program, the authorized representative per unit, the number of units, the total will be used to evaluate applicants on of the applicant organization must cost, and a plan for use on the project, this criterion. as well as use or disposal of the submit a signed acknowledgement that Criterion 3. Approach: (50 points) equipment after the project ends. An the applicant is accepting a lower rate applicant organization that uses its own than allowed. The extent to which the application definition for equipment should provide Total Direct Charges, Total Indirect outlines an acceptable plan of action a copy of its policy or section of its Charges, Total Project Costs. pertaining to the scope of the project policy which includes the equipment which details how the proposed work definition. Self-explanatory. will be accomplished, including a timeline; lists of each organization, Supplies Part IV Evaluation Criteria consultants, including the evaluator, or Description: Costs of all tangible A. Review Criteria other key individuals who will work on personal property other than that the project along with a short included under the Equipment category. In considering how applicants will description of the nature of their effort Justification: Specify general carry out the responsibilities addressed or contribution; assures the adequacy of categories of supplies and their costs. under this announcement, competing time devoted to the project by key staff, Show computations and provide other applications for financial assistance will the key staff should be knowledgeable of information, which supports the amount be reviewed and evaluated against the Head Start and Early Head Start, the requested. following criteria: applicant must fully describe the
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approach and/or methodology and Criterion 4. Budget and Budget with their application. Applicants must delineate the relationship of each task to Justification: (10 points) provide a certification concerning the accomplishment of the proposed Provide line item detail and detailed lobbying. Prior to receiving an award in objectives. There should be evidence calculations for each budget object class excess of $100,000, applicants shall that the planned approach reflects identified on the Budget Information furnish an executed copy of the sufficient input from collaborating form. Detailed calculations must lobbying certification (approved by the partners. include estimation methods, quantities, Office of Management and Budget under The Head Start Bureau is particularly unit costs, and other similar quantitative control number 0348–0046). Applicants interested in the following: detail sufficient for the calculation to be must sign and return the certification 1. Describe the applicants’ experience duplicated. The detailed budget must with their application. and capabilities in providing training to also include a breakout by the funding Applicants must make the appropriate family worker staff from Head Start and sources identified in Block 15 of the SF– certification of their compliance with early childhood and family support 424. the Drug-Free Workplace Act of 1988. programs. Provide a narrative budget By signing and submitting the 2. Provide a discussion of the major justification that describes how the application, applicants are providing current and emerging challenges facing categorical costs are derived. Discuss the certification and need not mail back family workers, and the challenges of the necessity, reasonableness and the certification with the application. delivering competency-based training to allocability of the proposed costs. Applicants must make the appropriate current staff members. certification that they are not presently 3. Describe the planning and B. The Review Process debarred, suspended or otherwise development process the applicant will Applications received by the due date ineligible for award. By signing and use to develop a final design/model will be reviewed and scored submitting the application, applicants program and describe how Head Start competitively. Experts in the field, are providing the certification and need and other program family workers, generally persons from outside the not mail back the certification with the managers and others will be involved. Federal government, will use the application. 4. Discuss how other career evaluation criteria listed in Part IV of Applicants must also understand that development and higher education this announcement to review and score they will be held accountable for the organizations, institutions, and the applications. The results of this smoking prohibition included within providers/partners or contributors may review are a primary factor in making P.L. 103–227, Part C Environmental be involved in the planning and design funding decisions. ACYF may also Tobacco Smoke (also known as The Pro- phase, as well as in ongoing refinement solicit comments from ACF Regional Children’s Act of 1994). A copy of the and improvement of the desired model Office staff and other Federal agencies. Federal Register notice, which for curricula. The ACYF Commissioner may also implements the smoking prohibition, is 5. Propose and defend an initial consider a variety of all factors in included with the forms. By signing and overall professional development funding decisions, including supporting submitting the application, applicants strategy for Head Start Family workers a set of projects to serve Head Start are providing the certification and need and other related early childhood higher programs and Family Workers in all not mail back the certification with the education programs, including content, geographic regions and representative of application. and sequence of development approaches to working with different B. Application Limits experience, and ways to encourage types of Head Start programs, including applications of new knowledge, The application should be double- Indian and Migrant grantees. standards and best practices to the spaced and single-sided on 81⁄2″ × 11″ instruction of participants and their Part V. The Application Process plain white paper, with 1″ margins on all sides. Use only a standard size font sponsoring Head Start program. Include A. Required Forms discussion of issues such as the no smaller than 12 pitch throughout the admission/eligibility requirements, Eligible applicants interested in application. All pages of the application program scheduling, accessibility, and applying for funds must submit a (including appendices, resumes, charts, location of activities, including explicit complete application including the references/footnotes, tables, maps and approaches to supporting peer required forms included at the end of exhibits) must be sequentially networking and mentoring of this program announcement in numbered, beginning on the first page participants. Appendix A. In order to be considered after the budget justification, the 6. Provide assurance that training/ for a grant under this announcement, an principal investigator contact courses are offered at the lowest application must be submitted on the information and the Table of Contents. reasonable justifiable cost to trainees. Standard Form 424 approved by the Although there is no limitation 7. Indicate initial plans for the Office of Management and Budget under regarding number of pages, applicants recruitment and selection of faculty or Control Number 0348–0043. A copy has are urged to be concise and limit trainers who would train Family been provided. Each application must applications to no more than 50 pages. Workers. Discuss how recruitment and be signed by an individual authorized to Applicants are requested not to send selection process will attract faculty/ act for the applicant and to assume pamphlets, brochures, or other printed trainers with demonstrated ability to responsibility for the obligations material along with their applications as respond to the growing diversity of the imposed by the terms and conditions of these pose copying difficulties. These population of families and children the grant award. Applicants requesting materials, if submitted, will not be served in Head Start, Early Head Start financial assistance for non-construction included in the review process. In and other early care and education projects must file the Standard Form addition, applicants must not submit programs. 424B, Assurances: Non-Construction any additional letters of endorsement Information provided in response to Programs (approved by the Office of beyond any that may be required. Part III, Sections E, F and G of this Management and Budget under control Applicants are encouraged to submit announcement will be used to evaluate number 0348–0040). Applicants must curriculum vitae in a biographical applicants on this criterion. sign and return the Standard Form 424B format. Please note that applicants that
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do not comply with the requirements in Applicants are cautioned that express/ Connecticut, Hawaii, Idaho, Indiana, the section on ‘‘Eligible Applicants’’ overnight mail services may not always Kansas, Louisiana, Massachusetts, will not be included in the review deliver as agreed. Minnesota, Montana, Nebraska, New process. ACF cannot accommodate the Jersey, New York, Ohio, Oklahoma, transmission of applications by FAX or Oregon, Pennsylvania, South Dakota, C. Checklist for a Complete Application through other electronic media. Tennessee, Vermont, Virginia, The checklist below is for your use to Therefore, applications transmitted to Washington, Wyoming, and Palau have ensure that the application package has ACF electronically will not be accepted elected to participate in the Executive been properly prepared. regardless of date or time of submission Order process and have established —One original, signed and dated and time of receipt. Single Points of Contact (SPOCs). application plus two copies. Late applications: Applications that Applicants from these twenty-seven —Attachments/Appendices, when do not meet the criteria stated above are jurisdictions need take no action included, should be used only to considered late applications. ACF will regarding E.O. 12372. Applicants for provide supporting documentation notify each late applicant that its projects to be administered by such as resumes, and letters of application will not be considered in Federally-recognized Indian Tribes are agreement/support. the current competition. also exempt from the requirements of Extension of deadlines: ACF may (1) Application for Federal Assistance E.O. 12372. Otherwise, applicants extend an application deadline for (SF–424, Rev. 7–97) should contact their SPOCs as soon as applicants affected by Acts of God such (2) Budget information-non- possible to alert them of the prospective as floods and hurricanes, when there is construction programs (SF424A&B) applications and receive any necessary widespread disruptions of mail service, (3) Budget Justification, including instructions. Applicants must submit or for other disruptions of services, such subcontract agency budgets any required material to the SPOCs as as a prolonged blackout, that affect the (4) Application Narrative and soon as possible so that the program public at large. A determination to Appendices office can obtain and review SPOC waive or to extend deadline (5) Proof that the organization is a comments as part of the award process. requirements rests with the Chief Grants non-profit organization It is imperative that the applicant Management Officer. (6) Assurances Non-Construction submit all required materials, if any, to Program E. Paperwork Reduction Act of 1995 the SPOC and indicate the date of this submittal (or the date of contact if no (7) Certification Regarding Lobbying Under the Paperwork Reduction Act submittal is required) on the Standard (8) If appropriate, a completed SPOC of 1995, Public Law 104–13, the Form 424, item 16a. certification with the date of SPOC Department is required to submit to contact entered in line 16, page 1 of the OMB for review and approval any Under 45 CFR 100.8(a)(2), a SPOC has SF–424, Rev. 7–97 reporting and record keeping 60 days from the application deadline to (9) Certification of Protection of requirements in regulations including comment on proposed new or Human Subjects program announcements. All competing continuation awards. D. Closing Date for Receipt of information collections within this SPOCs are encouraged to eliminate Applications program announcement are approved the submission of routine endorsements under the following current valid OMB as official recommendations. The closing time and date for receipt control numbers 0348–0043, 0348–0044, Additionally, SPOCs are requested to of applications is 5:00 p.m. (Eastern 03480–0040, 0348–0046, 0925–0418 and Time Zone) on August 1, 2001. Mailed clearly differentiate between mere 0970–0139. advisory comments and those Official or handcarried applications received Public reporting burden for this State process recommendations, which after 5:00 p.m. on the closing date will collection is estimated to average 10 may trigger the accommodation or be classified as late. hours per response, including the time explain rule. Deadline: Mailed applications shall be for reviewing instructions, gathering considered as meeting an announced and maintaining the data needed and When comments are submitted deadline if they are received on or reviewing the collection of information. directly to ACF, they should be before the deadline time and date at the An agency may not conduct or addressed to William Wilson, Head ACF Operations Center, 1815 North Fort sponsor and a person is not required to Start Bureau, 330 C Street, SW, Myer Drive, Suite 300, Arlington, respond to, a collection of information Washington, DC 20447, Attn: Head Start Virginia 22209. Applicants are unless it displays a currently valid OMB Family Worker Training and responsible for mailing applications control number. Credentialing Initiative. A list of Single well in advance when using all mail Points of Contact for each State and services to ensure that the applications F. Required Notification of the State Territory can be found on the web site: are received on or before the deadline Single Point of Contact http://www.whitehouse.gov/omb/ time and date. This program is covered under grants/spoc.html Applications handcarried by Executive Order 12372, (Catalog of Federal Domestic Program applicants, applicant couriers, or other Intergovernmental Review of Federal Number 93.600, Project Head Start) representatives of the applicant or by Programs, and 45 CFR part 100, overnight/express mail couriers shall be Intergovernmental Review of Dated: April 26, 2001. considered as meeting an announced Department of Health and Human Gail E. Collins, deadline if they are received on or Services Program and Activities. Under Acting Deputy Commissioner, Administration before the deadline date, between the the Order, States may design their own on Children, Youth and Families. hours of 8:00 a.m. and 5:00 p.m. at the processes for reviewing and BILLING CODE 4184–01–P ACF Operations Center, 1815 North Fort commenting on proposed Federal Myer Drive, Suite 300, Arlington, VA assistance under covered programs. Appendix A—Application Forms, 22209, between Monday and Friday *All States and Territories except Certifications, Disclosures, and (excluding Federal Holidays). Alabama, Alaska, Arizona, Colorado, Assurances
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BILLING CODE 4184–01–C Office of the Budget Iowa Department of Economic Development It is estimated that in 2001 the Federal 540 S. Dupont Highway, 3rd Floor 200 East Grand Avenue Government will outlay $305.6 billion in Dover, Delaware 19901 Des Moines, Iowa 50309 grants to State and local governments. Telephone: (302) 739–3323 Telephone: (515) 242–4719 Executive Order 12372, ‘‘Intergovernmental Fax: (302) 739–5661 Fax: (515) 242–4809 Review of Federal Programs’’ was issued [email protected] [email protected] with the desire to foster the intergovernmental partnership and District of Columbia Kentucky strengthen federalism by relying on State and Ron Seldon Ron Cook local processes for the coordination and Office of Grants Management and Department for Local Government review of proposed Federal financial Development 1024 Capital Center Drive, Suite 340 assistance and direct Federal development. 717 14th Street, NW, Suite 1200 Frankfort, Kentucky 40601 The Order allows each State to designate an Washington, DC 20005 Telephone: (502) 573–2382 entity to perform this function. Below is the Telephone: (202) 727–1705 Fax: (502) 573–2512 official list of those entities. For those States Fax: (202) 727–1617 [email protected] that have a home page for their designated [email protected] entity, a direct link has been provided below. Maine States that are not listed on this page have Florida Joyce Benson chosen not to participate in the Florida State Clearinghouse State Planning Office intergovernmental review process, and Department of Community Affairs 184 State Street therefore do not have a SPOC. If you are 2555 Shumard Oak Blvd. 38 State House Station located within one of these States, you may Tallahassee, Florida 32399–2100 Augusta, Maine 04333 still send application materials directly to a Telephone: (850) 922–5438 Telephone: (207) 287–3261 Federal awarding agency. (850) 414–5495 (direct) (207) 287–1461 (direct) Fax: (850) 414–0479 Fax: (207) 287–6489 Arkansas [email protected] Tracy L. Copeland Georgia Manager, State Clearinghouse Georgia State Clearinghouse Maryland Office of Intergovernmental Services 270 Washington Street, SW Linda Janey Department of Finance and Administration Atlanta, Georgia 30334 Manager, Clearinghouse and Plan Review 1515 W. 7th St., Room 412 Telephone: (404) 656–3855 Unit Little Rock, Arkansas 72203 Fax: (404) 656–7901 Maryland Office of Planning Telephone: (501) 682–1074 [email protected] 301 West Preston Street—Room 1104 Fax: (501) 682–5206 Baltimore, Maryland 21201–2305 [email protected] Illinois Telephone: (410) 767–4490 Virginia Bova Fax: (410) 767–4480 California Department of Commerce and Community [email protected] Grants Coordination Affairs State Clearinghouse James R. Thompson Center Michigan Office of Planning and Research 100 West Randolph, Suite 3–400 Richard Pfaff P.O. Box 3044, Room 222 Chicago, Illinois 60601 Southeast Michigan Council of Governments Sacramento, California 95812–3044 Telephone: (312) 814–6028 535 Griswold, Suite 300 Telephone: (916) 445–0613 Fax (312) 814–8485 Detroit, Michigan 48226 Fax: (916) 323–3018 [email protected] Telephone: (313) 961–4266 [email protected] Fax: (313) 961–4869 Iowa [email protected] Delaware Steven R. McCann Charles H. Hopkins Division of Community and Rural Mississippi Executive Department Development Cathy Mallette
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Clearinghouse Officer South Carolina Federal Proposals Review Office Department of Finance and Administration Omeagia Burgess Minillas Government Center 1301 Woolfolk Building, Suite E Budget and Control Board P.O. Box 41119 501 North West Street Office of State Budget San Juan, Puerto Rico 00940–1119 Jackson, Mississippi 39201 1122 Ladies Street, 12th Floor Telephone: (787) 723–6190 Telephone: (601) 359–6762 Columbia, South Carolina 29201 Fax: (787) 722–6783 Fax: (601) 359–6758 Telephone: (803) 734–0494 North Mariana Islands Missouri Fax: (803) 734–0645 [email protected] Ms. Jacoba T. Seman Lois Pohl Federal Programs Coordinator Federal Assistance Clearinghouse Texas Office of Management and Budget Office of Administration Denise S. Francis Office of the Governor P.O. Box 809 Director, State Grants Team Saipan, MP 96950 Jefferson Building, Room 915 Governor’s Office of Budget and Planning Telephone: (670) 664–2289 Jefferson City, Missouri 65102 P.O. Box 12428 Fax: (670) 664–2272 Telephone: (573) 751–4834 Austin, Texas 78711 [email protected] Fax: (573) 522–4395 _ Telephone: (512) 305–9415 Virgin Islands pohll @mail.oa.state.mo.us Fax: (512) 936–2681 [email protected] Ira Mills Nevada Director, Office of Management and Budget Heather Elliott Utah #41 Norre Gade Emancipation Garden Department of Administration Carolyn Wright Station, Second Floor State Clearinghouse Utah State Clearinghouse Saint Thomas, Virgin Islands 00802 209 E. Musser Street, Room 200 Governor’s Office of Planning and Budget Telephone: (340) 774–0750 Carson City, Nevada 89701 State Capitol, Room 114 Fax: (340) 776–0069 Telephone: (775) 684–0209 Salt Lake City, Utah 84114 [email protected] Fax: (775) 684–0260 Telephone: (801) 538–1535 Changes to this list can be made only after [email protected] Fax: (801) 538–1547 OMB is notified by a State’s officially New Hampshire [email protected] designated representative. E-mail messages can be sent to [email protected]. If you Jeffrey H. Taylor West Virginia prefer, you may send correspondence to the Director Fred Cutlip, Director following postal address: Attn: Grants New Hampshire Office of State Planning Community Development Division Management, Office of Management and Attn: Intergovernmental Review Process West Virginia Development Office Budget, New Executive Office Building, Suite Mike Blake Building #6, Room 553 6025, 725 17th Street, NW, Washington, DC. 1 2 ⁄2 Beacon Street Charleston, West Virginia 25305 Concord, New Hampshire 03301 Telephone: (304) 558–4010 Appendix B—Competency Goals and Telephone: (603) 271–1728 Fax: (304) 558–3248 Indicators for Head Start Staff Working Fax: (603) 271–1728 [email protected] With Families [email protected] Wisconsin The ‘‘Competency Goals and Indicators for New Mexico Jeff Smith Head Start Staff Working with Families’’ Ken Hughes Section Chief, Federal/State Relations described on the following pages are Local Government Division Wisconsin Department of Administration intended to define competencies and skills Room 201 Bataan Memorial Building 101 East Wilson Street—6th Floor for entry-level staff who are working directly Santa Fe, New Mexico 87503 P.O. Box 7868 with families under ongoing supervision in Telephone: (505) 827–4370 Madison, Wisconsin 53707 furtherance of their professional Fax: (505) 827–4948 Telephone: (608) 266–0267 development. Family Workers should be able [email protected] Fax: (608) 267–6931 to demonstrate their ability to provide [email protected] services consistent with the requirements of North Carolina the Head Start Program Performance Jeanette Furney American Samoa Standards. Department of Administration Pat M. Galea‘i Today’s workers are expected to exhibit a 1302 Mail Service Center Federal Grants/Programs Coordinator new level of professionalism to effectively Raleigh, North Carolina 27699–1302 Office of Federal Programs support today’s families. Increasingly, new Telephone: (919) 807–2323 Office of the Governor/Department of organizational structures and innovative Fax: (919) 733–9571 Commerce service models within Head Start require [email protected] American Samoa Government workers to: • Develop respectful relationships with North Dakota Pago Pago, American Samoa 96799 Telephone: (684) 633–5155 families which evolve into an individualized Jim Boyd Fax: (684) 633–4195 family partnering process which addresses Division of Community Services [email protected] the parent’s role in supporting child 600 East Boulevard Ave, Dept 105 development goals, health and disabilities Bismarck, North Dakota 58505–0170 Guam goals, as well as traditional social services, Telephone: (701) 328–2094 Director family development, and parent involvement Fax: (701) 328–2308 Bureau of Budget and Management goals. [email protected] Research • Work in partnership with families and Office of the Governor other community providers to develop family Rhode Island P.O. Box 2950 partnership agreements and to integrate this Kevin Nelson Agana, Guam 96910 process into family plans when appropriate. Department of Administration Telephone: 011–671–472–2285 • Support families in their efforts to obtain Statewide Planning Program Fax: 011–472–2825 employment and move towards self- One Capitol Hill [email protected] sufficiency. Providence, Rhode Island 02908–5870 • Provide a new level of service in the area Telephone: (401) 222–2093 Puerto Rico of family literacy, reflective of the intent of Fax: (401) 222–2083 Jose Caballero/Mayra Silva the current Head Start Program Performance [email protected] Puerto Rico Planning Board Standards.
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Appendix B as follows: • Includes new areas of competency in demonstrable competency in each of the • Reflects the Head Start Program response to the changing role of family competency goal areas. Performance Standards support staff BILLING CODE 4184–01–P • Reflects the latest thinking in the family Indicators are listed for each area of support field including strength-based, competency. These Indicators provide a family centered principles, and mechanism to measure individuals seeking
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Appendix C—Head Start Quality Improvement Centers
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[FR Doc. 01–10901 Filed 5–2–01; 8:45 am] BILLING CODE 4184–01–C
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Part III
Department of Transportation Federal Motor Carrier Safety Administration
49 CFR Part 365, et al. Revision of Regulations and Application Form for Mexican-Domiciled Motor Carriers To Operate in U.S. Municipalities and Commercial Zones on the U.S.- Mexico Border; Proposed Rules
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DEPARTMENT OF TRANSPORTATION copy all comments at the above address that additional Mexican-domiciled from 9 a.m. to 5 p.m., e.t., Monday motor carriers will seek to operate in the Federal Motor Carrier Safety through Friday, except Federal holidays. United States, most of them beyond the Administration You can also view all comments or border area. In deciding how to organize download an electronic copy of this the treatment of all Mexican-domiciled 49 CFR Parts 368 and 387 document from the DOT Docket carriers in this changing environment, [Docket No. FMCSA–98–3297] Management System (DMS) at http:// the FMCSA considered both the dmses.dot.gov/search.htm by typing the advisability of uniform treatment, the RIN 2126–AA33 last four digits of the docket number familiarity of small businesses with the appearing at the heading of this Revision of Regulations and existing regime, and the need to ensure document. The DMS is available 24 Application Form for Mexican- that all Mexican-domiciled carriers that hours each day, 365 days each year. You Domiciled Motor Carriers To Operate in enter the United States, whether to can get electronic submission and U.S. Municipalities and Commercial operate in commercial zones close to the retrieval help and guidelines in the Zones on the U.S-Mexico Border border or beyond, meet our safety ‘‘Help’’ section of the web site. If you standards (i.e., carrier requirements, AGENCY: Federal Motor Carrier Safety want us to notify you that we received vehicle requirements, and driver Administration (FMCSA), DOT. your comments, please include a self- requirements, including but not limited ACTION: addressed, stamped envelope or Notice of Proposed Rulemaking to, the ability of the driver to read and (NPRM); request for comments. postcard or you may print the acknowledgement page that appears speak the English language sufficiently SUMMARY: The FMCSA proposes to after you submit comments on-line. to converse with the general public, revise its regulations and form that FOR FURTHER INFORMATION CONTACT: understand highway traffic signs and relate to the issuance of Certificates of Valerie Height, (202) 366–1790, signals in the English language, respond Registration to any Mexican-domiciled Regulatory Development Division, to official inquiries and make entries on motor carrier (of property) that wants to FMCSA, 400 7th Street, SW., reports and records). operate only in U.S. municipalities and Washington, DC 20590. Office hours are We are proposing to continue the use commercial zones adjacent to Mexico in from 7:45 a.m. to 4:15 p.m., e.t., Monday of the Form OP–2 (with substantial Texas, New Mexico, Arizona, or through Friday, except Federal holidays. changes discussed later) and the California. The notice also proposes a SUPPLEMENTARY INFORMATION: We will issuance of Certificates of Registration change to FMCSA’s regulations consider all comments we receive before only for those carriers whose operations governing financial responsibility of the close of business on the comment are limited to the border area. The motor carriers to accurately reflect the closing date. We will include comments requirements placed on these Mexican FMCSA believes that there are carriers we receive after the comment closing motor carriers. Other carriers that that are most familiar with the date in the docket, and we will consider currently hold or may want to apply for Certificate of Registration and want to late comments to the extent practicable. a Certificate of Registration would now continue operating in a limited area; The FMCSA may, however, issue a final apply under separate FMCSA however, we are interested in comments rule at any time after the close of the regulations. These revisions are part of on the need to maintain the Certificate comment period. our implementation of the North of Registration process. With the American Free Trade Agreement Background proposed changes to the Form OP–2, the only other main distinction between (NAFTA) entry provisions. The Since 1982, significant limitations holders of Certificates of Registration proposed changes would ensure that we have been in place concerning receive adequate information to assess operations by Mexican-domiciled motor and other Mexican-domiciled carriers an applicant’s safety program and its carriers in the United States. A operating in the United States would ability to comply with U.S. safety moratorium has existed on grants of concern the type of insurance required standards before it is registered to operating authority under the to be held (trip versus continuous). This operate in the U.S. They would also jurisdiction of the former Interstate is addressed under the proposed enable us to maintain an accurate Commerce Commission (ICC). Access changes to part 387 later in this census of registered carriers. In has been allowed only for certain motor preamble. addition, we would update the carriers that fell outside the ICC’s Further we are proposing that all regulations as needed to reflect the licensing jurisdiction. These carriers transfer of motor carrier regulatory current holders of Certificates of receive Certificates of Registration by Registration would need to file new functions from the Federal Highway filing Form OP–2 under the provisions Administration (FHWA) to FMCSA. forms with the FMCSA. Those carriers of what is now 49 CFR part 368. who wish to continue operating only in DATES: We must receive your comments Mexican-domiciled carriers who are by July 2, 2001. the border area would file the Form OP– eligible for Certificates of Registration 2 in accordance with the procedures in ADDRESSES: You can mail, fax, hand are those who operate solely in the part 368. All other holders of deliver or electronically submit written municipalities in the United States on Certificates of Registration who want to comments to the Docket Management the United States-Mexico international operate beyond the border area would Facility, U.S. Department of border or within the commercial zones file Form OP–1(MX) like all other Transportation, Docket Management of such municipalities (border area), as Facility, Room PL–401, 400 Seventh well as certain private carriers and Mexican-domiciled property carriers Street, SW., Washington, DC 20590– carriers of exempt goods who operate now seeking the ability to operate under 0001, FAX (202) 493–2251, on-line at beyond the border area. the implementation of the NAFTA entry http://dmses.dot.gov/search.htm. You provisions. We are proposing to include must include the docket number that Current Proposal these carriers in revisions to 49 CFR part appears in the heading of this document With the implementation of the 365 that are published elsewhere in in your comment. You can examine and NAFTA entry provisions, it is expected today’s Federal Register. That NPRM
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also proposes changes to Form OP– OP–1(MX). The third NPRM seeks suspension or revocation of its 1(MX). comments on a safety monitoring Certificate of Registration. For all holders of Certificates of program for Mexican carriers operating Proposed § 368.5 would require Registration, their Certificates of in the U.S. These three proposals are certain current holders of Certificates of Registration would remain valid until part of a coordinated effort to assess and Registration to register using the new the FMCSA has acted on an application monitor the safety performance of Form OP–2 and attached Forms BOC–3 submitted on the Form OP–2 or Form Mexican carriers before and as they and MCS–150. However, no fee would OP–1(MX). No filing fee is required for operate in the U.S. be required for this registration. Current current holders of a Certificate of holders of Certificates of Registration Registration who operate solely in Proposed Revisions to 49 CFR Part 368 would have a 1-year period to meet this municipalities in the U.S. on the U.S.- The titles to part 368 and § 368.1 one-time requirement. Current Mexico international border or within would be revised to more accurately Certificates of Registration would the commercial zones of such reflect the types of operations covered remain valid until the new Form OP–2 municipalities and are only updating under part 368. Section 368.1 would be has been processed. their application information. However, modified to clarify that a vehicle found Proposed § 368.6 would specify that if the current holder of a Certificate of to be operating beyond the authority approval would require evidence in the Registration is requesting to expand the granted in the Certificate of Registration application that the carrier is currently territorial scope of its current operations may be ordered out of service and registered with the Mexican Federal beyond this area, it must submit a new would be subject to applicable Government and in databases that are application using Form OP–1(MX), and penalties. This authority was added by available to the FMCSA. This section is subject to the filing fee. That section 219 of MCSIA. would also make necessary technical application will be processed as a new Section 368.2 would include only corrections to change references from application. definitions for the terms ‘‘interstate FHWA to FMCSA and delete outdated The FMCSA proposes to modify parts transportation’’ and ‘‘Mexican- references to an ‘‘employee review 368, 387 and Form OP–2 as part of our domiciled motor carrier.’’ board.’’ implementation of the NAFTA entry Existing §§ 368.3, 368.4 and 368.5 Proposed § 368.7 would require a provisions. The proposed changes will would be revised and consolidated holder of a Certificate of Registration to help ensure that we receive adequate under a new proposed § 368.3 to clearly carry a copy of it in the vehicle. This is information to assess a carrier’s safety describe the application procedures for an existing requirement that was program and its ability to comply with a Certificate of Registration. Under the previously found in § 368.3. U.S. safety standards. The changes will revised procedures, an applicant would Proposed § 368.8 would adopt also enable us to maintain an accurate be required to submit a completed Form provisions for appealing a decision census of registered carriers. We are also BOC–3—Designation of Agents—Motor denying an application and would make seeking comments on the proposal to Carriers, Brokers and Freight necessary terminology changes from reissue all existing Certificates of Forwarders, and Form MCS–150–Motor FHWA to FMCSA. Registration and to require current Carrier Identification Report holders of Certificates of Registration to (Application for U.S. DOT Number) as Proposed Revisions to 49 CFR Part 387 submit additional safety information attachments to the OP–2 application Part 387 prescribes the minimum about their operations. We are form. Applicants should be aware that levels of financial responsibility that proposing revisions to part 368 that under a recent revision, Form MCS–150 motor carriers must maintain. We are relate to the Form OP–2 modifications. must be submitted every 2 years, proposing to revise § 387.7 to make it In addition, we are updating the following the initial application for a clear that the longstanding exception regulations as needed to reflect the Certificate of Registration (65 FR 70509, that allows Mexican carriers operating transfer of motor carrier regulatory November 24, 2000). The Form OP–2 in the border area to hold only trip functions from FHWA to FMCSA. itself would be extensively revised to insurance would be limited to those Finally, under the ICC Termination require significantly more safety carriers and would not extend to other Act (Pub. L. 104–88) and the Motor information. Mexican-owned or domiciled motor Carrier Safety Improvement Act (Pub. L. Proposed § 368.4 would include a carriers operating under grants of 106–159, 113 Stat. 1767)(December 9, new requirement for holders of authority issued under part 365. 1999) (MCSIA), the FMCSA is directed Certificates of Registration to notify to develop a new registration system to FMCSA in writing of any changes in, or Proposed Revisions to Form OP–2 replace, in part, the current process. We corrections to, applicant information in The FMCSA proposes extensive believe that handling all applications by the Form OP–2 as well as any changes revisions to the Form OP–2. The Mexican-domiciled motor carriers of in the Form BOC–3—Designation of FMCSA proposes to add a new section property that want to operate beyond Agents—Motor Carriers, Brokers and to solicit additional information from the border area under the same Freight Forwarders, within 45 days of the applicant to assist in identifying the procedures is part of developing this the change. Currently, there is no nature of the applicant’s existing new system of registration that captures requirement for filing of updated operations in the U.S., if any, to help all the important information that the information after the initial application identify any previously submitted Form FMCSA needs for ensuring safety. has been received. The proposed MCS–150, to verify the applicant’s This NPRM is one of three proposals requirement would assist FMCSA in domicile in Mexico, and to confirm that related to carriers operating between keeping its information on Mexican the applicant holds a valid registration Mexico and the U.S. published in carriers current. The proposed from the Mexican Federal Government. today’s Federal Register. Another requirement would not be an annual re- The question regarding domicile would NPRM seeks comments on changes to filing. A carrier with no change in status be moved to the proposed new section Form OP–1(MX) and 49 CFR part 365. would not need to take any action apart ‘‘Additional Applicant Information.’’ The FMCSA made a conscious decision from the biennial submission of Form However, the proposed question to propose retaining two different MCS–150. A carrier who fails to update regarding whether the applicant holds a application forms, the OP–2 and the required information may be subject to valid registration from the Mexican
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Federal Government is new. It is means of settling loss and damage addresses, and Form BOC–3 agents for proposed to ensure that only a carrier claims in accord with U.S. law. service of process information. who has met Mexican Federal The FMCSA proposes to add more The FMCSA further solicits comments Government standards and regulations extensive and specific certifications on the desirability of combining Form will hold a U.S. Certificate of regarding compliance, including OP–2 and Form OP–1(MX). Registration. compliance with Department of Labor Rulemaking Analyses and Notices Under section 219 of MCSIA, a regulations. Other parts of this foreign carrier engaging in certification would require the applicant Executive Order 12866 (Regulatory transportation in the United States to affirm its willingness and ability to Planning and Review) and Department without proper authorization may be provide the proposed service and to of Transportation Regulatory Policies disqualified from operating commercial comply with all pertinent statutory and and Procedures regulatory requirements. It would vehicles in the United States. The FMCSA has determined that this Accordingly, applicants would be asked remind the applicant of statutory and regulatory responsibilities, which if action is a significant regulatory action to disclose whether any affiliated within the meaning of Executive Order entities have been disqualified. neglected or violated, might subject the applicant to disciplinary or corrective 12866, and is significant within the The proposed form would require an meaning of Department of applicant to identify the type(s) of action by FMCSA. Another certification, derived from the existing Form OP–2 Transportation regulatory policies and operations requested. The FMCSA procedures (44 FR 11034, February 26, would make clear that use of the Form application, would highlight the need to comply with applicable provisions of 1979). It has been reviewed by the OP–2 and issuance of Certificates of Office of Management and Budget. It is Registration would be limited to carriers the U.S. Internal Revenue Code relating to payment of the Heavy Vehicle Use anticipated that the economic impact of that would operate solely in U.S. the proposals in this rulemaking would municipalities along the United States- Tax. An additional certification would ensure that the applicant understands be minimal. The new or revised Form Mexico border and commercial zones of OP–2, while intended to foster and such municipalities. that the agents for service of process designated on the Form BOC–3 would contribute to safety of operations, Additional information would be adherence to U.S. law and regulations, requested about insurance held by the also be deemed the applicant’s representative in the United States for and compliance with U.S. insurance applicant. and tax payment requirements on the FMCSA proposes to add a new service of judicial process and notices under 49 U.S.C. 13304 and part of Mexican carriers, would impose section that would require the applicant little additional expense upon public to certify that it has a system in place administrative notices under 49 U.S.C. 13303. Finally, the applicant would agencies or the motoring public. to ensure compliance with applicable Nevertheless, the subject of safe affirm that it is not currently requirements covering driver operations by Mexican carriers in the disqualified from operating a qualifications, hours of service, drug United States will likely generate commercial motor vehicle in the United and alcohol testing, vehicle condition, considerable public interest within the States under the provisions of MCSIA. accident monitoring, and hazardous meaning of Executive Order 12866. The materials transportation. In addition, The FMCSA will conduct workshops and also provide written material, such manner in which the FMCSA carries out FMCSA proposes that the applicant its safety oversight responsibilities with provide narrative responses describing as handbooks, to help the Mexican applicants understand the various respect to this international motor how it will monitor hours of service, carrier transportation may be of how it will maintain an accident register requirements and the proper way to complete the applications. substantial interest to the domestic and what is its monitoring program. motor carrier industry, the Congress, This part would also require that the Request for Comments and the public at large. A copy of the applicant provide information including The FMCSA solicits comments from Regulatory Evaluation prepared for the the names of individuals in charge of the public on all aspects of this three companion NPRMs published in the applicant’s safety program; locations proposal, specifically the proposals to: today’s Federal Register is in the where Federal Motor Carrier Safety (1) Require new applicants for, and docket. Regulations (FMCSRs) are maintained, current holders of, Certificates of Regulatory Flexibility Act names of the individuals in charge of Registration to submit the revised Form drug and alcohol testing (if applicable), OP–2; The Regulatory Flexibility Act (RFA) and the drug testing laboratory used (if (2) Require new applicants and (Pub. L. 96–354, 5 U.S.C. 601–612), as applicable). The FMCSA would evaluate current holders of Certificates of amended by the Small Business only those safety certifications that Registration to attach to the revised Regulatory Enforcement and Fairness apply to the applicant. For example, due Form OP–2 a newly completed Form Act (Pub. L. 104–121), requires federal to the weight of the vehicles they BOC–3—Designation of Agents—Motor agencies to analyze the impact of operate, certain applicants would not be Carriers, Brokers and Freight rulemakings on small entities, unless subject to the drug and alcohol testing Forwarders; the Agency certifies that the rule will and CDL requirements in 49 CFR parts (3) Require new applicants and not have a significant economic impact 382 and 383, respectively, and would current holders of Certificates of on a substantial number of small not be required to certify compliance Registration to attach to the revised entities. with those regulations. The certification Form OP–2 a newly completed Form The FMCSA is issuing this NPRM information would enable FMCSA to MCS–150-Motor Carrier Identification because of the planned implementation evaluate, upon initial application, the Report (Application for U.S. DOT of the NAFTA’s motor carrier access safety compliance program of the Number); and provisions. A NAFTA dispute applicant. (4) Establish for all holders of resolution tribunal recently ruled that The proposed form would require Certificates of Registration a the United States violated NAFTA by household goods applicants to affirm a requirement for prompt updates failing to allow any Mexican carriers willingness to offer arbitration as a concerning carrier operations, current greater access to the United States.
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Mexican carriers would be subject to Commercial Zones on the U.S.-Mexico As was noted above, the FMCSA the same safety regulations as domestic Border published elsewhere in today’s estimates that more than 500,000 motor carriers when operating in the U.S. The Federal Register.) carriers are currently operating in the FMCSA’s enforcement of the FMCSRs The FMCSA’s Office of Data Analysis United States. has become increasingly data dependent and Information Systems developed a We estimate that it takes 4 hours to in the last several years. Several file comprised of Mexican carriers that complete each form. As was noted programs have been put in place to have recently operated in the United above, the vast majority of Mexican continually analyze crash rates, out-of- States. As of January 2001, this file motor carriers currently operating in the service (OOS) rates, compliance review contained 11,787 Mexican motor United States have OP–2 authority. We records, and other data sources to allow carriers (2.3% of the 500,000 carriers estimate that half of all these carriers the agency to focus on high-risk carriers. listed in the FMCSA Motor Carrier will switch to OP–1(MX) authority, This strategy is only effective if the Management Information System while the other half will continue FMCSA has adequate data on carriers’ (MCMIS) census file). It includes operating within U.S. municipalities size, operations, and history. We do not Mexican carriers with operating and commercial zones on the U.S.— currently have this type of information authority, carriers who have a DOT Mexico border. We assume that the new on Mexican carriers. We do not have number but not authority, carriers with carriers will be more likely than current abundant information on their safety both a DOT number and operating carriers to apply for OP–2 authority, record, OOS rates, or other overall authority, and other carriers that the since most of the large carriers who safety. Thus, a key component of this Agency believes are operating in the would presumably benefit from proposal is the requirement that holders United States with neither operating expanded U.S. operations are already of Certificates of Registration must authority nor a DOT number. These operating in U.S. municipalities and complete a Form MCS–150 biennially, latter carriers are those who have been commercial zones on the U.S.—Mexico and notify the FMCSA of corrections to subject to a roadside inspection in the border under OP–2 authority. While or changes in applicant information on United States at some point in the last some new applicants will also want to the Form OP–2 as well as changes in the 3 years. take advantage of the opportunity to Form BOC–3 within 45 days of the It has been suggested that many of operate throughout the United States, change. This would enable the FMCSA these Mexican carriers no longer operate many will not have the financial and to better monitor these carriers, and to in the United States. The FMCSA administrative wherewithal to benefit quickly determine whether their safety calendar year 2000 MCMIS inspection from the enlarged operations allowed. or OOS rate changes. and accident database identifies Accordingly, the FMCSA estimates that The objective of this proposal is to approximately 4,500 Mexican motor three quarters (75%) of all new help determine the capability of certain carriers. The FMCSA also verified that applicants will apply for OP–2 Mexican carriers to operate safely in the approximately 10,000 Mexican carriers authority, with one quarter (25%) United States. The proposal describes currently have operating authority. requesting OP–1(MX) authority. what additional information Mexican Therefore, we constructed three Nonetheless, changing this value would carriers would have to submit. different baseline scenarios for the have no impact on the analysis since the This proposal would primarily affect number of Mexican carriers currently costs of completing the two forms are Mexican-domiciled small motor carriers operating in the United States, a low identical. who wish to wish to operate solely (4,500), medium (9,500) and high A review of the MCMIS census file within U.S. municipalities and (11,787) scenario. reveals that the vast majority of Mexican commercial zones on the U.S.-Mexico The second step in figuring out the carriers are small. For Mexican carriers border. The amount of information these total number of Mexican carriers subject with any trucks, the mean number of carriers would have to supply to the to these proposals is to determine how trucks was 5.1. That mean was pulled FMCSA has been increased, and we many new carriers will request authority up by a small number of large carriers. estimate that it would take 4 hours to under the proposals. Approximately Seventy-five (75) percent of Mexican complete each form after compiling the 1,600 Mexican carriers have filed a carriers had three or fewer trucks, and necessary information. Form OP–2 annually over the last the 95th percentile carrier had only 15 The number of carriers subject to the several years (and a similar number trucks. proposals in this rule and the two have been granted). Only 190 OP–1(MX) These proposals should not have any companion rules published elsewhere applications are pending, as Mexican impact on small U.S. based motor in today’s Federal Register is the sum carriers stopped filing these forms when carriers. of those currently operating within the it became clear that these forms were The regulatory evaluation includes a United States and those who apply for not being processed. For the high description of the recordkeeping and authority in the future. First, we estimate, the FMCSA assumes that this reporting requirements of these estimated the number of Mexican number will double to 3,200 in the first proposals. Under the revised carriers already operating within the year after this proposal becomes a final procedures, an applicant would be United States. Most of these carriers rule, and then fall to 2,500 applicants required to submit a completed Form currently have operating authority and per year for the following 9 years. As in BOC–3—Designation of Agents—Motor would merely be required to re-file the case of domestic carriers, the annual Carriers, Brokers and Freight using the revised forms. To continue applicant number may include carriers Forwarders, and Form MCS–150-Motor operations solely within the border area that go out of business and subsequently Carrier Identification Report as proposed in this rule, carriers would re-enter the market. For the lower and (Application for U.S. DOT Number) as re-file the revised Form OP–2. To take middle estimates, we estimate that there attachments to the OP–2 or OP–1(MX) advantage of NAFTA’s liberalized will be 500 new applicants the first application form. In addition, Mexican access provisions, these carriers would year, and then 200 per year thereafter. carriers would update the FMCSA of re-file using the revised Form OP–1(MX) This translates into approximately certain information changes. (see the rulemaking Application by 15,000 applicants in the first year for the The Form MCS–150 is approximately Certain Mexican Motor Carriers to high estimate, 10,000 for the medium two pages long. In addition to requiring Operate Beyond U.S. Municipalities and estimate, and 5,000 for the low estimate. basic identifying information, it requires
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that carriers state the type of operation Executive Order 12988, Civil Justice this action complies with the principles they run, the number of vehicles and Reform, to minimize litigation, enunciated in the Executive Order. drivers they use, and the types of cargo eliminate ambiguity and reduce burden. Paperwork Reduction Act they haul. The Form BOC–3 merely Executive Order 13045 (Protection of requires the name, address and other Under the Paperwork Reduction Act Children) information for a domestic agent to be of 1995 (PRA) (49 U.S.C. 3501–3520), contacted if the FMCSA needs to We have analyzed this action under Federal agencies must obtain approval contact the motor carrier. The proposals Executive Order 13045, Protection of from the Office of Management and also include other modest changes in Children from Environmental Health Budget (OMB) for each collection of the OP–1(MX) and OP–2 forms. Risks and Safety Risks. This rule is not information they conduct, sponsor or The FMCSA did not propose any an economically significant rule and require through regulations. The different requirements or timetables for does not concern an environmental risk FMCSA has determined that this small entities. As noted above, we do to health or safety that may proposal would impact a currently not believe these requirements would be disproportionately affect children. approved information collection, OMB onerous, with the carriers required to No. 2126–0019. spend 4 hours to complete the relevant Executive Order 12630 (Taking of This proposal will not have any forms. Mexican carriers would only be Private Property) impact on information collection OMB No. 2126–0015, entitled, ‘‘Designation required to complete forms that most This rule will not effect a taking of of Agents, Motor Carriers, Brokers and domestic U.S. carriers already are private property or otherwise have Freight Forwarders.’’ This currently required to submit. taking implications under E. O. 12630, approved collection covers the Form The FMCSA would not consolidate or Governmental Actions and Interference BOC–3. The current estimates of annual simplify the compliance and reporting with Constitutionally Protected Property filings include the minimal additional requirements for small carriers. As Rights. noted above, small U.S. carriers already Mexican motor carriers who would be have to comply with the similar Executive Order 13132 (Federalism filing updated information on the Form paperwork requirements of part 365. Assessment) BOC–3. Given the compelling interest in The OMB has approved the This proposed action has been information collection requirements on guaranteeing the safety of Mexican analyzed in accordance with the carriers operating in the United States, Form OP–2 under the control number principles and criteria contained in 2126–0019, titled ‘‘Application for and the fact that the majority of these Executive Order 13132, dated August 4, carriers are small entities, no special Certificate of Registration for Foreign 1999 (64 FR 43255, August 10, 1999). Motor Carrier and Foreign Motor Private changes were proposed. Consultation with States is not required The FMCSA cannot exempt small Carriers Under 49 U.S.C. 13902(c).’’ when a rule is required by statute. The carriers from these proposals without This includes approval for ‘‘Form OP– FMCSA, however, has determined that seriously diminishing the agency’s 2—Application for Certificate of this action would not have significant ability to ensure the safe operations of Registration for Foreign Motor Carriers Federalism implications or limit the Mexican carriers. The majority of and Foreign Motor Private Carriers policymaking discretion of the States. Mexican carriers operating in the U.S. Under 49 U.S.C. 13902(c)’’, approved for Comments on this conclusion are would be small; exempting them would 2,000 burden hours (1,000 respondents welcome and should be submitted to the have the same impact as not issuing per year @ 2 hours each to complete the docket. these proposals. Therefore, FMCSA form). The FMCSA proposes to change certifies that this proposed rule would Executive Order 12372 the form title to Form OP–2— not have a significant impact on a (Intergovernmental Review) Application for Certificate of substantial number of small entities. Registration for Foreign Motor Carriers Catalog of Federal Domestic and Foreign Private Carriers Under 49 Unfunded Mandates Reform Act of 1995 Assistance Program Number 20.217 U.S.C. 13902.’’ The Unfunded Mandates Reform Act Motor Carrier Safety. The regulations The Regulatory Evaluation for this of 1995 (Pub. L. 104–4; 2 U.S.C. 1532) implementing Executive Order 12372 proposal uses a numerical range to requires each agency to assess the regarding intergovernmental estimate the number of Mexican carriers effects of its regulatory actions on State, consultation on Federal programs and anticipated to request OP–2 or OP– local, and tribal governments and the activities do not apply to this program. 1(MX) authority under this proposal and a companion rule published elsewhere private sector. Any agency promulgating Executive Order 13166 (Limited English in today’s Federal Register (see NPRM a final rule likely to result in a Federal Proficiency) mandate requiring expenditures by a titled Application by Certain Mexican State, local, or tribal government or by Executive Order 13166, Improving Motor Carriers to Operate Beyond U.S. the private sector of $100 million or Access to Services for Persons With Municipalities and Commercial Zones more in any one year must prepare a Limited English Proficiency, requires on the U.S.-Mexico Border.). We written statement incorporating various each Federal agency to examine the estimate the number of applicants to assessments, estimates, and descriptions services it provides and develop range between a low estimate of 5,000, that are delineated in the Act. The reasonable measures to ensure that a medium estimate of 10,000 or a high FMCSA has determined that the persons limited in their English estimate of 15,000 applicants. Please changes proposed in this rulemaking proficiency can meaningfully access reference the Regulatory Flexibility Act would not have an impact of $100 these services consistent with, and analysis in this document or the million or more in any one year. without unduly burdening, the Regulatory Evaluation for this fundamental mission of the agency. The rulemaking for a detailed discussion on Executive Order 12988 (Civil Justice FMCSA plans to provide a Spanish how these estimates were derived. This Reform) translation of the application analysis is based upon the high estimate This action meets applicable instructions incorporated within the (15,000) since that number enables the standards in sections 3(a) and 3(b)(2) of Form OP–2 application. We believe that FMCSA to assess the maximum
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information collection burden to 2,400 × 4 hrs per form = 9,600 hrs 368.8 Appeals. respondents. (in subsequent-years, first-time Appendix A to Part 368—Form OP–2— The FMCSA estimatesd in the applicants): 1,875 × 4 hrs per form Application for Certificate of Registration regulatory evaluation that 11,787 = 7,500 hrs for Foreign Motor Carriers and Foreign Private Carriers Under 49 U.S.C. 13902 Mexican carriers are currently operating Updates/Changes: × in the United States and are categorized (all in first year): 2,765 30 min. per Authority: 49 U.S.C. 13301 and 13902; form = 1,383 hrs Pub. L. 106–159, 113 Stat. 1748; and 49 CFR as follows: Mexican carriers operating × pursuant to OP–2 Certificates of (all in subsequent years): 625 30 1.73. min. per form = 313 hrs Registration; Mexican carriers that § 368.1 Certificate of registration. previously filed an OP–1(MX) Therefore, the total burden hours for application; and Mexican carriers this information collection in the first (a) A Mexican-domiciled motor assigned DOT numbers and no OP year is 34,559 [(23,576 + 9,600 = 33,176) carrier must apply to the FMCSA and authority or operating without + 1,383]; and 7,813 in subsequent years receive a Certificate of Registration to appropriate authorization. The Agency [7,500 + 313]. provide interstate transportation in estimates that half of the 11,787 OMB Control Number: 2126–0019. municipalities in the United States on Mexican carriers (or 5,894) known to be Title: Application for Certificate of the United States-Mexico international Registration for Foreign Motor Carrier now operating in the U.S. will switch to border or within the commercial zones and Foreign Motor Private Carriers OP–1(MX) authority, while the other of such municipalities as defined in 49 Under U.S.C. 13902. half will continue operating pursuant to U.S.C. 13902(c)(4)(A). Respondents: Foreign motor carriers. (b) A Certificate of Registration OP–2 authority. Estimated Annual Hour Burden for Based upon the high estimate permits only interstate transportation of this NPRM: Year 1 = 34,559 hours; property in municipalities in the United scenario, the FMCSA anticipates 3,200 Subsequent years = 7,813 hours. first-time applicants for either OP–2 or States on the United States-Mexico OP–1(MX) authority in the first year that National Environmental Policy international border or within the this proposal becomes a final rule, and The agency has analyzed this commercial zones of such 2,500 applicants annually in subsequent proposed action for the purpose of the municipalities. A holder of a Certificate years. The agency estimates that 75 National Environmental Policy Act of of Registration who operates a vehicle percent of the first year new applicants 1969 (42 U.S.C. 4321 et seq.) and has beyond this area is subject to applicable (2,400) would file a Form OP–2; and 75 determined under DOT Order 5610.1C penalties and the vehicle may be placed percent of the subsequent-year new (September 18, 1979) that this action out of service. applicants (1,875 annually) would file a does not require any environmental § 368.2 Definitions. Form OP–2. assessment. An environmental impact We assume that first-time applicants statement is, therefore, not required. Interstate transportation means will be more likely than current carriers transportation described at 49 U.S.C. List of Subjects to apply for OP–2 authority, since most 13501, and transportation in the United of the large carriers who would 49 CFR Part 368 States otherwise exempt from the presumably benefit from expanded U.S. Secretary’s jurisdiction under 49 U.S.C. Administrative practice and 13506(b)(1). operations are already operating in the procedure, Highways and roads, Mexican-domiciled motor carrier border commercial zones pursuant to Insurance, Motor Carriers of property. OP–2 authority. While some new means a motor carrier of property whose applicants may also want to take 49 CFR Part 387 principal place of business is located in advantage of the opportunity to operate Freight forwarders, Highways and Mexico. throughout the United States, many will roads, Motor carriers, Surety bonds. § 368.3 Applying for a certificate of not have the financial and For the reasons set forth in the registration. administrative wherewithal or resources preamble, the FMCSA proposes to (a) If you wish to obtain a Certificate to benefit from the enlarged operations amend 49 CFR parts 368 and 387 as allowed. of Registration under this part, you must follows: submit an application that consists of: This proposal would also require 1. Revise part 368 to read as follows: Mexican carriers to submit corrections Form OP–2—Application for Mexican to or changes in the OP–2 applicant PART 368—APPLICATION FOR A Certificate of Registration for Foreign information within 45 days of the CERTIFICATE OF REGISTRATION TO Motor Carriers and Foreign Private change. For changes and updates, the OPERATE IN MUNICIPALITIES IN THE Carriers Under 49 U.S.C. 13902, Form agency anticipates that in the first year, UNITED STATES ON THE UNITED MCS–150—Motor Carrier Identification 2,765 carriers would file updates or STATES-MEXICO INTERNATIONAL Report, and Form BOC–3—Designation changes to the Form OP–2. In BORDER OR WITHIN THE of Agents—Motor Carriers, Brokers and subsequent years, approximately 625 COMMERCIAL ZONES OF SUCH Freight Forwarders. carriers would file updates or changes to MUNICIPALITIES (b) The FMCSA will only process the Form OP–2. The FMCSA estimates your application for a Certificate of Sec. that it would take 30 minutes to fill out Registration if it meets the following 368.1 Certificate of registration. conditions: a form to request changes. 368.2 Definitions. Therefore, the FMCSA estimates an 368.3 Applying for a certificate of (1) The application must be adjusted burden hour calculation for the registration. completed in English. Form OP–2 as follows: 368.4 Requirement to notify of change in (2) The information supplied must be Mexican carrier re-filings or initial applicant information. accurate and complete in accordance 368.5 Re-registration of certain carriers with the instructions to the Form OP– filings of the Form OP–2: holding certificates of registration. (in first year, known carriers): 5,894 x 368.6 Review of the application. 2, Form MCS–150 and Form BOC–3. 4 hrs per form = 23,576 hrs 368.7 Requirement to carry certificate of (3) The application must include all (in first year, first-time applicants): registration in the vehicle. the required supporting documents and
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applicable certifications set forth in the § 368.5 Re-registration of certain carriers of Mexico and included in Mexican instructions to the Form OP–2, Form holding certificates of registration. electronic databases that are available MCS–150 and Form BOC–3. (a) Each holder of a Certificate of for inspection by the FMCSA. (4) The application must include the Registration that permits operations (c) If the applicant does not require or filing fee payable to the FMCSA in the only in municipalities in the United is not eligible for a Certificate of amount set forth in 49 CFR § 360.3(f)(1); States along the United States-Mexico Registration, the FMCSA will deny the and international border or in commercial application and notify the applicant. zones of such municipalities issued (5) The application must be signed by (d) If the FMCSA grants the prior to [Insert date of publication of the applicant. application, it will issue a Certificate of final rule in the Federal Register.] who (c) If you fail to furnish the complete Registration. wishes to continue solely in those (1) The Certificate of Registration will application as described under operations must submit an application paragraph (b) of this section your permit operations only in U.S. according to procedures established municipalities and commercial zones application may be rejected. under § 368.3 of this part, except the (d) If you submit false information adjacent to the United States-Mexico filing fee in paragraph (b)(4) of that border. under this section, you will be subject section is waived. You must file your (2) The Certificate of Registration will to applicable Federal penalties. application by [Insert date 1 year after be conditioned upon completion, to the (e) You must submit the application date of publication of final rule in the satisfaction of FMCSA, of a safety to the address provided in the Federal Register.]. review under § 385.215 of this title instructions to the Form OP–2. (b) The FMCSA may suspend the within 18 months of the date of the (f) You may obtain the application Certificate of Registration of any applicable holder that fails to comply Certificate. described in paragraph (a) of this (e) Notice of the authority sought will section from any FMCSA Division with the procedures set forth in this section. not be published in either the Federal Office or download it from the FMCSA Register or the FMCSA Register. web site at: http://www.fmcsa.dot.gov/ (c) Certificates of Registration issued prior to [Insert date of publication of Protests or comments will not be factsfigs/formspubs.htm. Form OP–2 is allowed. There will be no oral hearings. also published in Appendix A to this final rule in the Federal Register.] would remain valid until the OP–2 part. § 368.7 Requirement to carry certificate of application filed according to paragraph registration in the vehicle. § 368.4 Requirement to notify of change in (a) of this section is processed. applicant information. A holder of a Certificate of § 368.6 Review of the application. Registration must maintain a copy of the (a) You must notify the FMCSA of any (a) The Federal Motor Carrier Safety Certificate of Registration in any vehicle changes or corrections to the Administration will review the providing transportation service within information in Parts I, IA or II submitted application for correctness, the scope of the Certificate. on the Form OP–2 or the Form BOC–3— completeness, and adequacy of Designation of Agents—Motor Carriers, information. Minor errors will be § 368.8 Appeals. Brokers and Freight Forwarders during corrected without notice to the An applicant has the right to appeal the application process or while you applicant. Incomplete applications will denial of the application. The appeal have a Certificate of Registration. You be rejected. must be in writing and specify in detail must notify the FMCSA in writing (b) Compliance will be determined why the agency’s decision to deny the within 45 days of the change or solely on the basis of the application, application was wrong. The appeal must correction. required attachments, and the safety be filed with the Director, Data Analysis (b) If you fail to comply with fitness of the applicant as determined by and Information Systems within 20 days paragraph (a) of this section, the FMCSA the information supplied in the of the date of the letter denying the may suspend or revoke the Certificate of application, including evidence that the application. The decision of the Director Registration until you meet those applicant, its vehicles and drivers are will be the final agency order. requirements. registered with the Federal Government BILLING CODE 4910–EX–P
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Appendix A to Part 368—Form OP–2—Application for Certificate of Registration for Foreign Motor Carriers and Foreign Private Carriers Under 49 U.S.C. 13902
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BILLING CODE 4910–EX–C
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PART 387—MINIMUM LEVELS OF operating in interstate commerce in the remove or modify the moratorium upon FINANCIAL RESPONSIBILITY FOR United States. Carriers that had a determination that such action was in MOTOR CARRIERS previously submitted an application the national interest. As a result of would have to submit the updated form. legislative and executive extensions of 2. The authority citation for part 387 These proposed changes are needed to the moratorium, only a limited class of is revised to read as follows: implement part of the North American Mexican motor carriers have operated in Authority: 49 U.S.C. 13101,13301,13906, Free Trade Agreement (NAFTA). the United States on Certificates of 14701, 31138, and 31139; and 49 CFR 1.73. DATES: We must receive your comments Registration issued under what is now 3. In § 387.7, revise the first sentence by July 2, 2001. 49 CFR part 368. of paragraph (b)(3) introductory text to ADDRESSES: You can mail, fax, hand The terms of NAFTA, Annex I, read as follows: deliver or electronically submit written provide that the moratorium on comments to the Docket Management licensing Mexican motor carriers to § 387.7 Financial responsibility required. Facility, U.S. Department of operate within the United States would * * * * * Transportation, Dockets Management be lifted by the President in phases (b) * * * Facility, Room PL–401, 400 Seventh under the following schedule: (1) When NAFTA took effect on (3) Exception. A Mexican motor Street, SW., Washington, DC 20590– January 1, 1994, applications by carrier operating solely in the 0001 FAX (202) 493–2251, on-line at Mexican bus operators to conduct cross commercial zones with a certificate of http://dmses.dot.gov/submit. You must border charter and tour bus services in registration issued under part 368 may include in your comment the docket international transportation service meet the minimum financial number that appears in the heading of between Mexico and all points in the responsibility requirements of this this document. You can examine and United States were to be accepted and subpart by obtaining insurance copy all comments at the above address processed by the ICC, and suitable coverage, in the required amounts, for from 9 a.m. to 5 p.m., e.t., Monday periods of 24 hours or longer, from authority issued. through Friday, except Federal holidays. (2) In the second stage, beginning insurers that meet the requirements of You can also view all comments or § 387.11 of this subpart. * * * December 17, 1995, Mexican trucking download an electronic copy of this companies engaged in the transportation * * * * * document from the DOT Docket of property were to be permitted to file Issued on: April 27, 2001. Management System (DMS) at http:// applications for cross border operations Brian M. McLaughlin, dms.dot.gov/search.htm and typing the between Mexico and four United States Associate Administrator for Policy and last four digits of the docket number border states and establish companies Program Development. appearing at the heading of this within the United States to distribute [FR Doc. 01–11034 Filed 5–1–01; 8:45 am] document. The DMS is available 24 international cargo within the United hours each day, 365 days each year. You BILLING CODE 4910–EX–P States can get electronic submission and (3) In the third phase, beginning retrieval help and guidelines at the January 1, 1997, applications were to be DEPARTMENT OF TRANSPORTATION ‘‘Help’’ section of the web site. If you accepted and processed for Mexican want us to notify you that we received passenger carriers to conduct regular Federal Motor Carrier Safety your comments, please include a self- route passenger operations in Administration addressed, stamped envelope or international service from Mexico to all postcard, or print the acknowledgement points in the United States. 49 CFR Part 365 page that appears after submitting (4) In the fourth phase, beginning comments on-line. [Docket No. FMCSA–98–3298] January 1, 2000, Mexican property FOR FURTHER INFORMATION CONTACT: Ms. carriers were to be allowed to file RIN 2126–AA34 Valerie Height, (202) 366–1790, applications for cross border operations Regulatory Development Division, from Mexico to all points in the United Application by Certain Mexican Motor FMCSA, 400 Seventh Street, SW., States (except for point-to-point carriage Carriers To Operate Beyond U.S. Washington, DC 20590. Office hours are of domestic cargo within the United Municipalities and Commercial Zones from 7:45 a.m. to 4:15 p.m., e.t., Monday States, for which the moratorium has on the U.S.-Mexico Border through Friday, except Federal holidays. not been removed under NAFTA). AGENCY: Federal Motor Carrier Safety SUPPLEMENTARY INFORMATION: We will (5) Finally, in the last phase, Administration (FMCSA), DOT. include comments received after the beginning on January 1, 2001, Mexican ACTION: Notice of proposed rulemaking comment closing date in the docket, and nationals were to be allowed to establish (NPRM); request for comments. we will consider late comments to the companies in the United States to extent practicable. The FMCSA may, provide point-to-point bus services in SUMMARY: The FMCSA proposes however, issue a final rule at any time the United States. changes in its regulations to govern after the close of the comment period. Pursuant to the first phase of NAFTA, applications by Mexican carriers to on January 1, 1994, the ICC began operate beyond municipalities and Background accepting applications from Mexican commercial zones at the United States- Under the Bus Regulatory Reform Act passenger carriers to conduct Mexico border. The FMCSA also of 1982, (Pub. L. No. 97–261, 96 Stat. international charter and tour bus proposes to revise the application form, 1103) Congress imposed a two-year operations into the United States. The OP–1(MX), to be filed by these Mexican moratorium on issuance by the former ICC promulgated rules and a revised motor carriers. The proposed form Interstate Commerce Commission (ICC) application form to effect the processing would require additional information of new grants of operating authority to of Mexican applications (Ex Parte No. about the applicant’s business and motor carriers domiciled in a foreign 55 (Sub-No. 96), Freight Operations by operating practices to allow the FMCSA country, or owned or controlled by Mexican Motor Carriers— to determine if the applicant could meet persons of a foreign country. The Implementation of the North American the safety standards established for legislation authorized the President to Trade Agreement, 10 I.C.C. 2d 854
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(1995). These rules were anticipating safety did not relieve the United States However, Mexico has not yet completed the implementation of the second phase of those NAFTA obligations. The panel implementation of a comprehensive of NAFTA providing Mexican property stated, however, that the Department safety inspection program. carriers with additional access to the could subject Mexican motor carriers With the exception of border United States. A copy of the decision is seeking to operate in the United States commercial zone drayage operations, in the public docket for this rulemaking. to different requirements than it applies Mexican carriers have, for the most part, The ICC designated the revised to United States and Canadian carriers. little or no experience operating under application form OP–1(MX). On The United States and Mexico have regulations comparable to the FMCSRs. December 15, 1995, the International engaged in negotiations regarding the The FMCSA must be prepared to Brotherhood of Teamsters sought an implementation of the liberalization evaluate the safety fitness of motor emergency stay of the ICC decision in provisions in light of the panel’s carriers having no experience operating the United States Court of Appeals for decision. under a comprehensive system of safety the District of Columbia. International The FMCSA regulates commercial regulation like ours. Brotherhood of Teamsters v. Secretary motor vehicle (CMV) safety in the The FMCSA asks for public comment of Transportation, No. 95–1603 (D.C. United States under a comprehensive on proposed regulations and a revised Cir., filed Dec. 15, 1995). The Teamsters system of regulations designed to ensure Form OP–1(MX) that would require contended that the ICC decision was that drivers are medically qualified;, additional safety information and arbitrary and capricious because it meet applicable licensing standards; can certifications of compliance with failed to address serious concerns read and speak the English language applicable safety requirements from all regarding the safe operation of Mexican sufficiently to converse with the general Mexican motor carrier applicants motor carriers. The Teamsters had public, understand highway traffic signs operating beyond the commercial zones. requested the ICC to add additional and signals in the English language, In another NPRM published safety questions to the applications filed respond to official inquiries and make elsewhere in today’s Federal Register, by Mexican carriers to ensure that the entries on reports and records; and do RIN 2126–AA33 Revision of Regulations applicants were willing and able to not operate vehicles while impaired by and Application Form for Mexican- comply with applicable safety drugs, alcohol or excessive fatigue. We Domiciled Motor Carriers to Operate in regulations. require that every CMV be equipped U.S. Municipalities and Commercial On December 18, 1995, the DOT with certain standard safety-related Zones on the U.S.-Mexico Border, the announced a delay in implementing the equipment and that vehicles be FMCSA is proposing changes to the NAFTA motor carrier access provisions. regularly inspected and maintained to process and form (OP–2) used to obtain Because of safety concerns related to the ensure that they remain in safe a Certificate of Registration. The operations of Mexican motor carriers operating condition. We enforce these changes would limit a Certificate of and the lack of a motor carrier safety regulatory requirements through Registration to Mexican-domiciled regulation and compliance program in roadside inspections and on-site motor carriers that operate, or will Mexico, the ICC decided not to process compliance reviews. Roadside operate, only in the commercial zones applications from Mexican motor inspections focus on potentially unsafe adjoining the United States-Mexico carriers for authority to operate in the vehicle and driver violations that may border. All other Mexican carriers, United States border States in pose a threat to public safety, unless the including current holders of Certificates accordance with NAFTA’s liberalization vehicle or driver is placed out of of Registration who operate beyond the schedule. The FHWA continued this service. Our compliance reviews entail commercial zones, would be subject to decision after the January 1, 1996, a review of a carrier’s overall the proposals in this NPRM. termination of the ICC and transfer of compliance with the Federal Motor The FMCSA proposes to revise the responsibilities to the FHWA. Carrier Safety Regulations (FMCSRs) OP–1(MX) application form by requiring Mexico filed complaints against the and Hazardous Materials Regulations. each motor carrier applicant to answer United States under NAFTA’s dispute Our investigators examine carrier questions to demonstrate its basic resolution provisions, challenging the records (including driver logbooks and knowledge of the FMCSRs and to United States decision to deny further drug and alcohol testing information) indicate how it intends to comply with trucking, investment, and bus access. and evaluate roadside vehicle these regulations. In addition, the An arbitration panel met in May 2000 to inspection data, accident records, and FMCSA proposes to require each hear the trucking and investment case, other safety related information to applicant to make specific certifications which was the subject of extensive pre- determine whether a motor carrier of compliance. This additional and post-hearing briefings on safety and meets safety fitness standards. information will enable the FMCSA to legal issues. The DOT has consulted extensively determine that each applicant is willing The panel issued a final report on with Mexican transportation officials and able to comply with the FMCSRs February 6, 2001. A copy of the report regarding the strengthening of Mexican while conducting operations in the is in the docket. The report truck safety regulation, and significant United States. In addition, the FMCSA unanimously concluded that the blanket progress has been made in this area. would require applicants to submit refusal to process applications of Mexico has agreed to utilize the verification from the Mexican Mexican motor carriers seeking United Commercial Vehicle Safety Alliance government that the applicant is a States operating authority out of (CVSA) out-of-service (OOS) criteria and registered Mexican carrier authorized to concerns over the carriers’ safety was in has issued final regulations based on conduct motor carrier operations up to breach of NAFTA obligations of the these criteria. These standards cannot be the United States-Mexico border and United States, specifically NAFTA’s effective without a safety oversight that all drivers who would operate in liberalization provisions and provisions program, including systematic roadside the United States have a valid Licencia ensuring national treatment and most- inspections, to ensure compliance with Federal de Conductor issued by the favored-nation treatment for cross- and enforcement of the standards. The Government of Mexico. These border services. The panel also DOT officials have worked extensively requirements also are consistent with concluded that alleged deficiencies in with Mexican transportation officials on section 210(b) of the Motor Carrier Mexico’s regulation of motor carrier the establishment of such a program. Safety Improvement Act of 1999 (Pub. L.
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106–159, 113 Stat. 1748) (MCSIA), additional safety questions and The FMCSA proposes to add more which requires the Secretary to establish certifications. extensive and specific certifications regulations ensuring that all applicant Under section 219 of MCSIA, a regarding compliance, including motor carriers, including foreign motor foreign carrier engaging in compliance with Department of Labor carriers, are knowledgeable about the transportation in the United States regulations. Other parts of this FMCSRs before being granted authority without proper authorization may be certification would require the applicant to operate in the United States. Failure disqualified from operating commercial to affirm its willingness and ability to to provide such verification would vehicles in the United States. provide the proposed service and to result in the rejection of the application. Accordingly, applicants would be asked comply with all pertinent statutory and The FMCSA solicits comment from to disclose whether any affiliated regulatory requirements. It would the public on our proposal that Mexican entities have been disqualified. remind the applicant of statutory and applicants who have filed for authority The proposed form would require an regulatory responsibilities, which if on the existing Form OP–1(MX) must applicant to identify the type(s) of neglected or violated, might subject the file the proposed revised Form OP– operations requested. The form would applicant to disciplinary or corrective 1(MX) to update and supplement the make clear that use of the Form OP– action by the FMCSA. Another information about their operations, 1(MX) and issuance of Authority certification, derived from the existing including the requirement that the Registrations would be limited to Form OP–2 application, would highlight carrier be registered with the carriers that would operate beyond the the need to comply with applicable Government of Mexico. This municipalities along the United States- provisions of the U.S. Internal Revenue requirement would ensure that Mexico border and commercial zones of Code relating to payment of the Heavy FMCSA’s database contains current and such municipalities. Vehicle Use Tax. An additional Additional information would be consistent information about Mexican certification would ensure that the requested about insurance held by the registrants and thus enhance the applicant understands that the agents carrier. for service of process designated on the effectiveness of FMCSA’s safety The FMCSA proposes to add a new oversight. Form BOC–3 would also be deemed the section that would require the applicant applicant’s representative in the United These proposed requirements should to certify that it has a system in place not distract from, or detrimentally States for service of judicial process and to ensure compliance with applicable notices under 49 U.S.C. 13304 and affect, the efforts underway between the requirements covering driver Governments of Mexico and the United administrative notices under 49 U.S.C. qualifications, hours of service, drug 13303. Finally, the applicant would States to establish compatible and alcohol testing, vehicle condition, affirm that it is not currently regulations and to ensure that a accident monitoring, and hazardous disqualified from operating a comprehensive safety oversight program materials transportation. In addition, the commercial motor vehicle in the United is put into place in Mexico. Over the FMCSA proposes that the applicant States under the provisions of MCSIA. long term, consistent, compatible safety provide narrative responses describing The FMCSA will conduct workshops standards and compliance practices will how it will monitor hours of service, and also provide written material, such have the greatest impact in promoting how it will maintain an accident register as handbooks, to help the Mexican safety, facilitating enforcement, and what is its monitoring program. applicants understand the various reducing the enforcement burden on the This section would also require that the requirements and the proper way to border States, and establishing applicant provide information including complete the applications. permanent and stable programs. the names of individuals in charge of Proposed Revision to Part 365 Proposed Form OP–1(MX) the applicant’s safety program. The applicant must provide: specific The FMCSA proposes to add a new The FMCSA proposes extensive locations where the applicant maintains subpart E to part 365 to address the revisions to the Form OP–1(MX). The current FMCSRs, the names of the specific requirements of the application FMCSA proposes to add new sections to individuals in charge of drug and process for Mexican carriers. First, solicit additional information from the alcohol testing (if applicable). The proposed § 365.501 sets out that all applicant to assist in identifying the FMCSA would require only those safety Mexican-domiciled carriers that want to nature of the applicant’s existing certifications that apply to the operate beyond the border area must file operations in the U.S., if any. Other applicant. For example, due to the the Form OP–1(MX). This would be a sections would help identify any weight of the vehicles they operate, change from current practice to facilitate previously submitted Form MCS–150, certain applicants would not be subject uniform treatment of all Mexican verify the applicant’s domicile in to the drug and alcohol testing and CDL carriers that may wish to offer long haul Mexico, and confirm that the applicant requirements in 49 CFR parts 382 and service, and it is discussed as well in holds a valid registration from the 383, respectively, and would not be the NPRM concerning part 368 Government of Mexico. The question required to certify compliance with published in today’s Federal Register. regarding domicile would be removed. those regulations. The certification These special filing rules would not However, the proposed question information would enable FMCSA to apply to Mexican-owned enterprises regarding whether the applicant holds a evaluate, upon initial application, the domiciled in the United States that want valid registration from the Mexican safety compliance program of the to distribute international cargo within government is new. It is proposed to applicant. The FMCSA would reject an the United States. Nor do they apply to ensure that only a carrier who has met applicant that cannot offer a specific, Mexican nationals establishing Mexican Federal government standards unambiguous plan to ensure companies in the United States to and regulations will operate in the compliance. provide point-to-point bus services in United States. The proposed form would require the United States. Such entities would The single form for both passenger household goods applicants to affirm a file either the standard OP–1 or OP–1(P) and property carriers would lessen the willingness to offer arbitration as a application form, as appropriate. paperwork burden on the Mexican means of settling loss and damage In proposed § 365.503, the FMCSA applicants and facilitate the inclusion of claims in accord with U.S. law. states that applications must be filled
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out in English and be complete to be is anticipated that the economic impact with OP–1(MX) authority must considered. Information on obtaining of the proposals in this rulemaking complete a Form MCS–150 biennially, applications is also provided. would be minimal. The new or revised and notify the FMCSA of corrections to We propose in § 365.505 to provide a Form OP–1(MX), while intended to or changes in applicant information on waiver from the filing fee for two types foster and contribute to safety of the Form OP–1(MX) as well as changes of applicants. First would be those who operations, adherence to U.S. law and in the Form BOC–3 within 45 days of submitted an application under the regulations, and compliance with U.S. the change. This would enable the earlier version of the Form OP–1(MX) insurance and tax payment FMCSA to better monitor these carriers, before the decision of the United States requirements on the part of Mexican and to quickly determine whether their to stay implementation of the NAFTA carriers, would impose little additional safety or OOS rate changes. entry provisions. Second would be expense upon public agencies or the The objective of this proposal is to those applicants that currently hold a motoring public. help determine the capability of certain Certificate of Registration and wish to Nevertheless, the subject of safe Mexican carriers to operate safely in the continue operations solely within the operations by Mexican carriers in the United States. The proposal describes U.S. municipalities and commercial United States will likely generate what additional information Mexican zones along the U.S.-Mexico border. considerable public interest within the carriers would have to submit. In proposed § 365.507, the FMCSA meaning of Executive Order 12866. The This proposal would primarily affect states that all applications by Mexican manner in which the FMCSA carries out Mexican-domiciled small motor carriers carriers would be reviewed under the its safety oversight responsibilities with who wish to operate beyond the U.S. existing procedures of part 365. Also, respect to this international motor municipalities and commercial zones on we propose that approval of an carrier transportation may be of the U.S.-Mexico border. The amount of application would be conditional upon substantial interest to the domestic information these carriers would have to successful completion of a safety review motor carrier industry, the Congress, supply to the FMCSA has been within 18 months. The safety review is and the public at large. A copy of the increased, and we estimate that it would discussed in another NPRM published Regulatory Evaluation prepared for the take 4 hours to complete each form after today in the Federal Register (Safety three companion NPRMs published in compiling the necessary information. Monitoring System and Compliance today’s Federal Register is in the The number of carriers subject to the Initiative for Mexican Motor Carriers docket. proposals in this rule and the two companion rules published elsewhere Operating in the United States). Regulatory Flexibility Act Proposed § 365.509 would include a in today’s Federal Register is the sum requirement for Mexican carriers to The Regulatory Flexibility Act (RFA) of those currently operating within the notify FMCSA in writing of any changes (Pub. L. 96–354, 5 U.S.C. 601–612), as United States and those who apply for in, or corrections to, applicant amended by the Small Business authority in the future. First, we Regulatory Enforcement and Fairness information in the Form OP–1(MX) as estimated the number of Mexican Act (Pub. L. 104–121), requires federal well as any changes in the Form BOC– carriers already operating within the agencies to analyze the impact of 3—Designation of Agents—Motor United States. Most of these carriers rulemakings on small entities, unless currently have operating authority and Carriers, Brokers and Freight the Agency certifies that the rule will would merely be required to re-file Forwarders, within 45 days of the not have a significant economic impact using the revised forms. To operate in change. The proposed requirement on a substantial number of small the U.S. beyond the municipalities and would assist FMCSA in keeping its entities. commercial zones along the U.S.— information on Mexican carriers The FMCSA is issuing this NPRM Mexico border, as proposed in this rule, current. The proposed requirement because of the planned implementation carriers would file the revised Form would not be an annual re-filing. A of the NAFTA’s motor carrier access OP–1(MX). To continue operations carrier with no change in status would provisions. A NAFTA dispute within the U.S. solely in municipalities not need to take any action apart from resolution tribunal recently ruled that and commercial zones along the U.S.— the biennial submission of Form MCS– the United States violated NAFTA by Mexico border, these carriers would file 150. A carrier who fails to update failing to allow any Mexican carriers using the revised Form OP–2 (see the required information may be subject to greater access to the United States. rulemaking Revision of Regulations and suspension or revocation of its operating Mexican carriers would be subject to Application Form for Mexican— authority. the same safety regulations as domestic Domiciled Motor Carriers to Operate in Finally, we propose to add the Form carriers when operating in the U.S. The U.S. Municipalities and Commercial OP–1(MX) as Appendix A to subpart E FMCSA’s enforcement of the FMCSRs Zones on the U.S.—Mexico Border of part 365. has become increasingly data dependent published elsewhere in today’s Federal Rulemaking Analyses and Notices in the last several years. Several Register). programs have been put in place to The FMCSA’s Office of Data Analysis Executive Order 12866 (Regulatory continually analyze crash rates, out-of- and Information Systems developed a Planning and Review) and Department service (OOS) rates, compliance review file comprised of Mexican carriers that of Transportation Regulatory Policies records, and other data sources to allow have recently operated in the United and Procedures the agency to focus on high-risk carriers. States. As of January 2001, this file The FMCSA has determined that this This strategy is only effective if the contained 11,787 Mexican motor action is a significant regulatory action FMCSA has adequate data on carriers’ carriers (2.3% of the 500,000 carriers within the meaning of Executive Order size, operations, and history. We do not listed in the FMCSA Motor Carrier 12866, and is significant within the currently have this type of information Management Information System meaning of Department of on Mexican carriers. We do not have (MCMIS) census file). It includes Transportation regulatory policies and abundant information on their safety Mexican carriers with operating procedures (44 FR 11034, February 26, record, OOS rates, or other overall authority, carriers who have a DOT 1979). The Office of Management and safety. Thus, a key component of this number but not authority, carriers with Budget has reviewed this document. It proposal is the requirement that carriers both a DOT number and operating
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authority, and other carriers that the since most of the large carriers who required to complete forms that most Agency believes are operating in the would presumably benefit from domestic U.S. carriers already are United States with neither operating expanded U.S. operations are already required to submit. authority nor a DOT number. These operating in U.S. municipalities and The FMCSA would not consolidate or latter carriers are those who have been commercial zones on the U.S.—Mexico simplify the compliance and reporting subject to a roadside inspection in the border under OP–2 authority. While requirements for small carriers. As United States at some point in the last some new applicants will also want to noted above, small U.S. carriers already 3 years. take advantage of the opportunity to have to comply with the similar It has been suggested that many of operate throughout the United States, paperwork requirements of part 365. these Mexican carriers no longer operate many will not have the financial and Given the compelling interest in in the United States. The FMCSA administrative wherewithal to benefit guaranteeing the safety of Mexican calendar year 2000 MCMIS inspection from the enlarged operations allowed. carriers operating in the United States, and accident database identifies Accordingly, the Agency estimates that and the fact that the majority of these approximately 4,500 Mexican motor three quarters (75%) of all new carriers are small entities, no special carriers. The FMCSA also verified that applicants will apply for OP–2 changes were proposed. approximately 10,000 Mexican carriers authority, with one quarter (25%) currently have operating authority. requesting OP–1(MX) authority. The FMCSA cannot exempt small Therefore, we constructed three Nonetheless, changing this value would carriers from these proposals without different baseline scenarios for the have no impact on the analysis since the seriously diminishing the agency’s number of Mexican carriers currently costs of completing the two forms are ability to ensure the safe operations of operating in the United States, a low identical. Mexican carriers. The majority of (4,500), medium (9,500) and high A review of the MCMIS census file Mexican carriers operating in the U.S. (11,787) scenario. reveals that the vast majority of Mexican would be small; exempting them would The second step in figuring out the carriers are small. For Mexican carriers have the same impact as not issuing total number of Mexican carriers subject with any trucks, the mean number of these proposals. Therefore, FMCSA to these proposals is to determine how trucks was 5.1. That mean was pulled certifies that this proposed rule would many new carriers will request authority up by a small number of large carriers. not have a significant impact on a under the proposals. Approximately Seventy-five (75) percent of Mexican substantial number of small entities. 1,600 Mexican carriers have filed an carriers had three or fewer trucks, and Unfunded Mandates Reform Act of 1995 OP–2 form annually over the last several the 95th percentile carrier had only 15 years (and a similar number have been trucks. The Unfunded Mandates Reform Act granted). Only 190 OP–1(MX) These proposals should not have any of 1995 (Pub. L. 104–4; 2 U.S.C. 1532) applications are pending, as Mexican impact on small U.S. based motor requires each agency to assess the carriers stopped filing these forms when carriers. effects of its regulatory actions on State, it became clear that these forms were The regulatory evaluation includes a local, and tribal governments and the not being processed. For the high description of the recordkeeping and private sector. Any agency promulgating estimate, the FMCSA assumes that this reporting requirements of these a final rule likely to result in a Federal number will double to 3,200 the first proposals. Under the revised mandate requiring expenditures by a year this proposal is in effect, and then procedures, an applicant would be State, local, or tribal government or by fall to 2,500 applicants per year for the required to submit a completed Form the private sector of $100 million or following 9 years. As in the case of BOC–3-Designation of Agents—Motor more in any one year must prepare a domestic carriers, the annual applicant Carriers, Brokers and Freight written statement incorporating various number may include carriers that go out Forwarders, and Form MCS–150— assessments, estimates, and descriptions of business and subsequently re-enter Motor Carrier Identification Report that are delineated in the Act. The the market. For the lower and middle (Application for U.S. DOT Number) as FMCSA has determined that the estimates, we estimate that there will be attachments to the OP–2 or OP–1(MX) changes proposed in this rule making 500 new applicants the first year, and application form. In addition, Mexican would not have an impact of $100 then 200 per year thereafter. This carriers would update the FMCSA of million or more in any one year. translates into approximately 15,000 certain information changes. applicants in the first year for the high The Form MCS–150 is approximately Executive Order 12988 (Civil Justice estimate, 10,000 for the medium two pages long. In addition to requiring Reform) estimate, and 5,000 for the low estimate. basic identifying information, it requires As was noted above, the FMCSA that carriers state the type of operation This action meets applicable estimates that more than 500,000 motor they run, the number of vehicles and standards in sections 3(a) and 3(b)(2) of carriers are currently operating in the drivers they use, and the types of cargo E. O. 12988, Civil Justice Reform, to United States. they haul. The Form BOC–3 merely minimize litigation, eliminate We estimate that it takes 4 hours to requires the name, address and other ambiguity, and reduce burden. complete each form. As was noted information for a domestic agent to be Executive Order 13045 (Protection of above, the vast majority of Mexican contacted if the FMCSA needs to Children) motor carriers currently operating in the contact the motor carrier. The proposals United States have OP–2 authority. We also include other modest changes in We have analyzed this proposed estimate that half of all these carriers the OP–1(MX) and OP–2 forms. action under Executive Order 13045, will switch to OP–1(MX) authority, The FMCSA did not propose any Protection of Children from while the other half will continue different requirements or timetables for Environmental Health Risks and Safety operating within U.S. municipalities small entities. As noted above, we do Risks. This proposed rule is not an and commercial zones on the U.S.— not believe these requirements would be economically significant rule and does Mexico border. We assume that the new onerous, with the carriers required to not concern an environmental risk to carriers will be more likely than current spend 4 hours to complete the relevant health or safety that may carriers to apply for OP–2 authority, forms. Mexican carriers would only be disproportionately affect children.
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Executive Order 12630 (Taking of This proposal will not have any Mexican carriers (or 5,894) known to be Private Property) impact on information collection OMB now operating in the U.S. will switch to This proposed rule will not effect a No. 2126–0015, entitled, ‘‘Designation OP–1(MX) authority, while the other taking of private property or otherwise of Agents, Motor Carriers, Brokers and half will continue operating pursuant to have taking implications under E. O. Freight Forwarders.’’ This currently OP–2 authority. 12630, Governmental Actions and approved collection covers the Form Based upon the high estimate Interference with Constitutionally BOC–3. The current estimates of annual scenario, the FMCSA anticipates 3,200 Protected Property Rights. filings include the minimal additional first-time applicants for either OP–2 or Mexican motor carriers who would be OP–1(MX) authority in the first year that Executive Order 13132 (Federalism) filing updated information on the Form this proposal becomes a final rule, and This proposed action has been BOC–3. 2,500 applicants annually in subsequent analyzed in accordance with the The information collection years. The agency estimates that 25 principles and criteria contained in requirements on Form OP–1(MX) have percent of the first year new applicants Executive Order 13132, dated August 4, been approved by the OMB under the (800) would file a Form OP–1(MX); and 1999 (64 FR 43255, August 10, 1999). control number 2126–0016, titled 25 percent of the subsequent-year new Consultation with States is not required ‘‘Revision of Licensing Application applicants (625 annually) would file a when a rule is required by statute. The Forms, Application Procedures, and Form OP–1(MX). FMCSA, however, has determined that Corresponding Regulations.’’ This We assume that first-time applicants this action would not have significant approval includes forms OP–1(MX), will be more likely than current carriers Federalism implications or limit the OP–1(P), OP–1(FF), and OP–1 and totals to apply for OP–2 authority, since most policymaking discretion of the States. 38,000 burden hours. Two thousand of the large carriers who would Comments on this conclusion are (2,000) of these 38,000 burden hours presumably benefit from expanded U.S. welcome and should be submitted to the represent the approved amount for the operations are already operating in the docket. OP–1(MX) (1,000 respondents per year border commercial zones pursuant to @ 2 hours each to complete the form). OP–2 authority. While some new Executive Order 13166 (Limited English The FMCSA proposes to change the applicants may also want to take Proficiency) form title to Form OP–1(MX)— advantage of the opportunity afforded Executive Order 13166, ‘‘Improving Application to Register Mexican by this proposal to operate throughout Access to Services for Persons With Carriers for Motor Carrier Authority the United States, many will not have Limited English Proficiency,’’ dated Under the North American Free Trade the financial and administrative August 16, 2000 (65 FR 50121), requires Agreement (NAFTA).’’ wherewithal or resources to benefit from each Federal agency to examine the The Regulatory Evaluation for this the enlarged operations allowed. services it provides and develop proposal uses a numerical range to This proposal would also require reasonable measures to ensure that estimate the number of Mexican carriers Mexican carriers to submit corrections persons limited in their English anticipated to request OP–1(MX) or OP– to or changes in the OP–1(MX) proficiency can meaningfully access 2 authority under this proposal and a applicant information within 45 days of these services consistent with, and companion rule published elsewhere in the change. For changes and updates, without unduly burdening, the today’s Federal Register (see NPRM the agency anticipates that in the first fundamental mission of the agency. The titled Revision to Regulations and year, 2,232 carriers would file updates FMCSA plans to provide a Spanish Application Form for Mexican- or changes to the Form OP–1(MX). In translation of the application Domiciled Motor Carriers to Operate in subsequent years, approximately 208 instructions incorporated within the U.S. Municipalities and Commercial carriers would file updates or changes to Form OP–1(MX) application. We believe Zones on the U.S.-Mexico Border). We the Form OP–1(MX). The FMCSA that this action complies with the estimate the number of applicants to estimates that it would take 30 minutes principles enunciated in the Executive range between a low estimate of 5,000, to fill out a form to request changes. Order. a medium estimate of 10,000 or a high Therefore, the FMCSA estimates an estimate of 15,000 applicants. Please adjusted burden hour calculation for the Executive Order 12372 reference the Regulatory Flexibility Act Form OP–1(MX) as follows: (Intergovernmental Review) analysis in this document or the Mexican carrier re-filings or initial Catalog of Federal Domestic Regulatory Evaluation for this filings of the Form OP–1(MX): Assistance Program Number 20.217 rulemaking for a detailed discussion on (in first year, known carriers): 5,894 × Motor Carrier Safety. The regulations how these estimates were derived. This 4 hrs per form = 23,576 hrs implementing Executive Order 12372 analysis is based upon the high estimate (in first year, first-time applicants): regarding intergovernmental (15,000) since that number enables the 800 × 4 hrs per form = 3,200 hrs consultation on Federal programs and Agency to assess the maximum (in subsequent-years, first-time activities do not apply to this program. information collection burden to applicants): 625 × 4 hrs per form = respondents. 2,500 hrs Paperwork Reduction Act The FMCSA estimates that 11,787 Updates/Changes: Under the Paperwork Reduction Act Mexican carriers are currently operating (all in first year): 2,232 × 30 min. per of 1995 (PRA) (49 U.S.C. 3501–3520), in the United States and are categorized form = 1,117 hrs Federal agencies must obtain approval as follows: Mexican carriers operating (all in subsequent years): 208 × 30 from the Office of Management and pursuant to OP–2 Certificates of min. per form = 104 hrs Budget (OMB) for each collection of Registration; Mexican carriers that Therefore, proposals in the NPRM, information they conduct, sponsor, or previously filed an OP–1(MX) when promulgated as a final rule, would require through regulations. The application; and Mexican carriers result in a change to the total burden FMCSA has determined that this assigned DOT numbers and no OP hours for this information collection as proposal would impact a currently authority or operating without follows: approved information collection, OMB appropriate authorization. The Agency In the first year: 63,893 [(38,000 No. 2126–0016. estimates that half of the 11,787 ¥2,000 = 36,000) + 26,776 + 1,117]; and
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in subsequent years: 38,604 [36,000 + Mexican Carriers for Motor Carrier (b) If you hold a Certificate of 2,500 + 104]. Authority Under the North American Free Registration issued before [Insert date of OMB Control Number: 2126–0016. Trade Agreement (NAFTA) publication of final rule in the Federal Title: Revision of Licensing Register] authorizing operations beyond Subpart E—Special Rules for Certain Application Forms, Application Mexican Carriers the municipalities and commercial Procedures, and Corresponding zones along the United States-Mexicoan Regulations. § 365.501 Scope of rules. border, you are required to file an OP– Respondents: Motor carriers that The rules in this subpart govern the 1(MX) if you want to continue those operate CMVs in interstate commerce. application by a Mexican-domiciled operations. You do not need to submit Estimated Annual Hour Burden for motor carrier to provide transportation a fee when you file a new application ¥ this NPRM: Year 1 = ([38,000 2,000 = of property or passengers in interstate under this subpart. 36,000] + 26,776 + 1,117 = 63,893 hrs); commerce between Mexico and points ¥ (1) You must file the application by Subsequent years = ([38,000 2,000 = in the United States beyond the [Insert date 1 year after date of 36,000] + 2,500 + 104 = 38,604 hours). municipalities and commercial zones publication of final rule in the Federal National Environmental Policy adjacent to the border. Register.]. The agency has analyzed this § 365.503 Application. (2) The FMCSA may suspend or proposal for the purpose of the National (a) Each applicant applying under this revoke the Certificate of Registration of Environmental Policy Act of 1969 (42 subpart must submit an application that any applicable holder that fails to U.S.C. 4321 et seq.) and has determined consists of: Form OP–1 (MX), Form comply with the procedures set forth in under DOT Order 5610.1C (September MCS–150—Motor Carrier Identification this section. 18, 1979) that this action does not Form, and Form BOC–3—Designation of (3) Certificates of Registration issued require any environmental assessment. Agents-Motor Carriers, Brokers and prior to [Insert date of publication of An environmental impact statement is, Freight Forwarders. final rule in the Federal Register] would therefore, not required. (b) The FMCSA will only process remain valid until the OP–1(MX) your application if it meets the List of Subjects application filed according to paragraph following conditions: (b) of this section is processed. 49 CFR Part 365 (1) The application must be § 365.507 Review of the application. Administrative practice and completed in English. procedure, Brokers, Buses, Freight (2) The information supplied must be (a) The FMCSA will review and act on forwarders, Maritime carriers, Motor accurate, complete, and include all each application submitted under this carriers, Moving of household goods, required supporting documents and subpart in accordance with the applicable certifications in accordance Reporting and recordkeeping procedures set out in this part. with the instructions to Form OP–1 requirements. (MX), Form MCS–150, and Form BOC– (b) When the FMCSA approves an For the reasons stated in the 3. application submitted under this preamble, the FMCSA proposes to (3) The application must include the subpart, the approval will be amend 49 CFR part 365 as set forth filing fee payable to the FMCSA in the conditional upon the completion, to the below: amount set forth at 49 CFR 360.3(f)(1); satisfaction of the FMCSA, of a safety and review under § 385.21 of this chapter PART 365—RULES GOVERNING (4) The application must be signed by within 18 months of the date of APPLICATIONS FOR OPERATING the applicant. approval. AUTHORITY (c) You must submit the application § 365.509 Requirement to notify of change 1. The authority citation for part 365 to the address provided in Form OP–1 in applicant information. is revised to read as follows: (MX). (d) You may obtain the application (a) You must notify the FMCSA of any Authority: 5 U.S.C. 553 and 559; 16 U.S.C. forms from any FMCSA Division Office changes or corrections to the 1456; 49 U.S.C. 13101, 13301, 13901–13906, information in Parts I, IA or II submitted 14708, 31138, and 31144; 49 CFR 1.73. or download it from the FMCSA website at: http://www.fmcsa.dot.gov/factsfigs/ on the Form OP–1(MX) or the Form 2. Add a new subpart E to part 365 to formspub.htm. Form OP–1 (MX) is also BOC–3—Designation of Agents—Motor read as follows: published in Appendix A to this part. Carriers, Brokers and Freight Subpart E—Special Rules for Certain Forwarders during the application § 365.505 Re-registration and fee waiver process or after having been granted Mexican Carriers for certain applicants. Sec. operating authority. You must notify the (a) If you filed an application using FMCSA in writing within 45 days of the 365.501 Scope of rules. Form OP–1(MX) before [Insert date of 365.503 Application. change or correction. publication of the final rule in the 365.505 Re-registration and fee waiver for Federal Register], you are required to (b) If you fail to comply with certain applicants. paragraph (a) of this section, the FMCSA 365.507 Review of the application. file a new Form OP–1(MX) to update information about your operations. You may suspend or revoke your operating 365.509 Requirement to notify of change in authority until you meet those applicant information. do not need to submit a fee when you Appendix A to Subpart E of Part 365—Form file a new application under this requirements. OP–1(MX) ‘‘ Application to Register subpart. BILLING CODE 4910–22–P
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Appendix A to Subpart E of Part 365—Form OP–1(MX)—Application To Register Mexican Carriers for Motor Carrier Authority Under the North American Free Trade Agreement (NAFTA)
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Issued on: April 27, 2001. appearing at the heading of this meet applicable licensing standards; can Brian M. McLaughlin, document. The DMS is available 24 read and speak the English language Associate Administrator for Policy and hours each day, 365 days each year. You sufficiently to converse with the general Program Development. can get electronic submission and public, understand highway traffic signs [FR Doc. 01–11035 Filed 5–1–01; 8:45 am] retrieval help and guidelines under the and signals in the English language, to BILLING CODE 4910–22–C ‘‘help’’ section of the web site. If you respond to official inquiries and to make want us to notify you that we received entries on reports and records; and do your comments, please include a self- not operate vehicles while impaired by DEPARTMENT OF TRANSPORTATION addressed, stamped envelope or drugs or alcohol or excessive fatigue. postcard or print the acknowledgement Our regulations also require carriers to Federal Motor Carrier Safety page that appears after submitting equip every commercial motor vehicle Administration comments on-line. with certain standard safety-related FOR FURTHER INFORMATION CONTACT: equipment and that vehicles be 49 CFR Part 385 Valerie Height, (202) 366–1790, Federal regularly inspected and maintained to [Docket No. FMCSA–98–3299] Motor Carrier Safety Administration, ensure that they remain in safe 400 7th Street, SW., Washington, DC operating condition. These regulatory RIN 2126–AA35 20590. Office hours are from 7:45 a.m. requirements are enforced through roadside inspections and on-site Safety Monitoring System and to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. compliance reviews. Roadside Compliance Initiative for Mexican inspections focus on potentially unsafe SUPPLEMENTARY INFORMATION: Comments Motor Carriers Operating in the United vehicle and driver violations that may received after the comment closing date States pose a threat to public safety unless the will be included in the docket and we vehicle or driver is placed out of AGENCY: Federal Motor Carrier Safety will consider late comments to the Administration (FMCSA), (DOT). service. A compliance review comprises extent practicable. The FMCSA may, an examination of carrier records ACTION: Notice of proposed rulemaking however, issue a final rule at any time (including driver logbooks and drug and (NPRM); request for comments. after the close of the comment period. alcohol testing information), roadside SUMMARY: The FMCSA proposes to Background vehicle inspection data, accident records and other safety related implement a safety monitoring system Under the Bus Regulatory Reform Act information to determine whether a and compliance initiative to help of 1982 (Public Law No. 97–261, 96 Stat. motor carrier meets safety fitness determine whether Mexican-domiciled 1103), Congress imposed a two-year standards as defined in the Federal carriers conducting operations moratorium on the former Interstate Motor Carrier Safety Regulations anywhere in the United States comply Commerce Commission’s (ICC) issuance (FMCSRs) and Hazardous Materials with applicable safety regulations and of new grants of U.S. operating authority conduct safe operations. This NPRM Regulations. to motor carriers domiciled in a foreign The U.S. DOT has consulted would revise the safety fitness country, or owned or controlled by regulations at 49 CFR part 385 to extensively with Mexican transportation persons of a foreign country. The officials in their efforts to strengthen implement a safety oversight program legislation authorized the President to designed to evaluate the safety fitness of Mexican vehicle safety regulations, and remove or modify the moratorium upon significant progress has been made in Mexican carriers within 18 months after a determination that such action was in receiving conditional authority to this area. Mexico has agreed to utilize the national interest. As a result of the Commercial Vehicle Safety Alliance operate in the United States. This legislative and executive extensions, proposal is necessary to implement the (CVSA) out-of-service criteria and has Mexican carriers have been subject to issued final regulations based on these entry provisions of the North American this moratorium since 1982. Since that Free Trade Agreement (NAFTA). criteria. These standards cannot be fully time, most Mexican motor carriers of effective unless complemented by an DATES: We must receive your comments property seeking to initiate operations adequate safety oversight program, by July 2, 2001. in the United States have been restricted including systematic roadside ADDRESSES: You can mail, fax, hand to operating in the municipalities in the inspections, to ensure compliance with deliver or electronically submit written United States on the United States- and enforcement of the criteria. U.S. comments to the Docket Management Mexico border or within the commercial DOT officials have worked extensively Facility, U.S. Department of zones of such municipalities. with Mexican transportation officials, Transportation, Dockets Management Additional information on the but Mexico has not yet completed Facility, Room PL–401, 400 Seventh implementation of NAFTA is set out in implementation of a comprehensive Street, SW., Washington, DC 20590– the preamble to the NPRM entitled safety inspection program. 0001 FAX (202) 493–2251, on-line at Application by Certain Mexican Motor With the exception of the border http://dmses.dot.gov/submit. You must Carriers to Operate Beyond U.S. commercial zone drayage operations, include the docket number that appears Municipalities and Commercial Zones most Mexican carriers have little or no in the heading of this document in your on the U.S.-Mexico Border, which experience operating under regulations comment. You can examine and copy addresses revisions to the part 365 comparable to the FMCSRs. all comments at the above address from application process and the OP–1(MX) Accordingly, the FMCSA must be 9 a.m. to 5 p.m., e.t., Monday through application form and is published prepared to evaluate the safety fitness of Friday, except Federal holidays. You elsewhere in today’s Federal Register. motor carriers having no experience can also view all comments or As we discussed in the NPRM operating under our comprehensive download an electronic copy of this addressing part 365, commercial motor system of safety regulations. document from the DOT Docket vehicle safety in the United States is Management System (DMS) at http:// regulated under a comprehensive Proposed Safety Oversight Program dms.dot.gov/search.htm and typing the system of regulations designed to ensure In this NPRM, the FMCSA proposes a last four digits of the docket number that drivers are medically qualified; safety oversight program to address U.S.
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concerns about Mexican motor carrier review component of the program one that is falsified, revoked, expired, or safety. The initial stage of this program would evaluate a Mexican carrier’s without a Hazardous Materials would entail review of safety safety performance and basic safety endorsement, when required. information submitted by Mexican management controls by reviewing (2) Operating vehicles that have been motor carriers when applying for performance-based safety information in placed out of service for violations of authority under 49 CFR part 365 or the FMCSA’s Motor Carrier the Commercial Vehicle Safety Alliance registering under 49 CFR part 368 to Management Information System (CVSA) North American Standard Out- operate within the U.S. municipalities (MCMIS) and documents required to be of-Service Criteria without making and commercial zones along the U.S.- maintained by motor carriers under the required repairs. Mexico border. The FMCSA proposes to Federal Motor Carrier Safety (3) Being involved in, due to carrier amend Form OP–2 (Application for Regulations, including records related to act or omission, a hazardous materials Mexican Certificate of Registration for driver medical qualifications, driver incident within the United States Foreign Motor Carriers and Foreign hours of service, drug and alcohol involving a highway route controlled Private Carriers Under 49 U.S.C. 13902) testing and vehicle inspection, quantity of any of the following, as and Form OP–1(MX) (Application to maintenance and repair. Specific defined in 49 CFR 173.403, 173.50, Register Mexican Carriers for Motor procedures for the safety review, 173.115, 173.132, and 173.133: Carrier Authority Under the North including the necessary documentation (a) a Class 7 (radioactive) material, American Free Trade Agreement to be made available for review, are still (b) a Class 1, Division 1.1, 1.2, or 1.3 (NAFTA)) to require additional safety being developed and would be provided explosive, or related information and certifications of to carriers when they get approval to (c) a poison inhalation Hazard Zone A compliance. Mexican carriers would be operate. We also contemplate that the or B material. required to submit, concurrently with safety review process would be further (4) Being involved in, due to carrier the application, completed copies of the refined as the result of a future act or omission, two or more hazardous Form BOC–3 (Designation of Agents— rulemaking proceeding implementing a material incidents occurring within the Motor Carriers, Brokers and Freight safety review requirement for all new United States and involving any Forwarders) and Form MCS–150 (Motor entrant motor carriers under section 210 hazardous material not listed above and Carrier Identification Report, of the Motor Carrier Safety Improvement defined in 49 CFR chapter I. Application for U.S. DOT Number). Act of 1999 (MCSIA) (Pub. L. 106–159, (5) Using a driver who tests positive These proposals are discussed in two 113 Stat. 1748). for drugs or alcohol or who refuses to notices published elsewhere in today’s We also propose that the safety submit to required drug or alcohol tests. Federal Register. The requirement to reviews be conducted either by (6) Operating within the United States submit a completed Form MCS–150 reviewing records at the carrier’s a motor vehicle that is not insured as with the application would ensure that business premises or by requesting that required by 49 CFR part 387. the Mexican carrier obtains a U.S. DOT Mexican carriers bring designated (7) Having an aggregate operations out number and is placed in the FMCSA records to alternative locations, such as of service rate of 50 percent based upon safety system before it begins operations border inspection facilities. If the safety three inspections occurring within a in the United States. review determines that the carrier does consecutive 90-day period. The FMCSA will conduct workshops not satisfactorily exercise basic safety The FMCSA believes that these and also provide written material, such management controls, its registration violations pose the greatest threat to as handbooks, to help the Mexican would be suspended. The carrier would public safety and raise serious questions applicants understand the various then be required to submit a plan for about a carrier’s willingness and ability regulatory requirements and the proper corrective action within a specified time to conduct safe operations. FMCSA way to complete the applications. Once frame. Upon receipt of the corrective would take expedited action either by Mexican-domiciled carriers commence action plan, the FMCSA would issuing a deficiency letter requesting a operations within the United States, promptly conduct a targeted follow-up written response demonstrating that they would be subject to intensified safety review, if necessary, to determine appropriate corrective action has been roadside monitoring through the vehicle whether the deficiencies have been taken or scheduling an expedited safety inspection process. Data generated as a corrected. If the carrier satisfactorily review. Failure to respond to the result of these inspections would be corrects the problem(s), the suspension deficiency letter or undergo the evaluated frequently to identify carriers would be lifted and the carrier would be expedited safety review would result in with serious safety problems that allowed to resume operating within the the suspension of the carrier’s warrant immediate attention. We United States. If the carrier fails to registration. Checking for these propose to require that, as a condition submit a corrective action plan, or if the activities would require our State of registration, all Mexican new entrant follow-up safety review determines that partners to expand the scope of the carriers undergo at least one satisfactory the carrier has not satisfactorily roadside inspection and to collect safety review within 18 months after corrected the problem, the carrier’s additional safety data. receiving authority to operate within the registration would be revoked in The Mexican carrier applicants would United States. The proposed safety accordance with the condition of its remain subject to this oversight program review is designed to enable the FMCSA issuance. for the entire 18-month initial to identify any Mexican carriers that The FMCSA proposes to take operations period, even if they may be conducting unsafe operations or expedited action if a Mexican carrier demonstrate compliance with our that may lack the basic safety engages in conduct that poses a regulations by undergoing a satisfactory management controls necessary to potentially serious threat to public safety review before the expiration of ensure protection of the public safety. safety. Such conduct would include: the period. If a carrier has not Registrations issued to Mexican (1) Using drivers not possessing, or undergone a safety review within 18 carriers under 49 CFR parts 365 and 368 operating without, a valid Licencia months of receiving authority to operate would be expressly conditioned upon Federal de Conductor (LFC) or in the United States, it would retain its the carrier successfully completing the Commercial Driver’s License (CDL). A conditional registration status until a safety oversight program. The safety non-valid LFC or CDL would include satisfactory safety review is conducted.
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The carrier would also remain within suspension of the carrier’s authority 1979). The Office of Management and the safety oversight program for more until the carrier makes the required Budget has reviewed this document. than 18 months if it received an showing of corrective action. This proposal is based upon existing unsatisfactory safety review within 18 Section 385.25 would provide for the statutory authority and serves to a large months but needed additional time suspension of a Mexican carrier’s extent as notice to the affected carriers beyond the 18-month period to registration if the safety review of procedures that would be used to demonstrate that necessary corrective determines that it does not exercise enforce the Federal Motor Carrier Safety action was taken. basic safety management controls Regulations. The anticipated economic This proposal is consistent with the necessary to ensure safe operations. If impact of this rulemaking would be new motor carrier entrant requirements the carrier then fails to take necessary minimal for carriers that do not violate under section 210(a) of the MCSIA, corrective action, either by failing to applicable safety regulations while which, among other things, directs the submit a corrective action plan or by operating in the United States. No Secretary of Transportation to require submitting an inadequate plan, the additional requirements would be each owner and each operator granted carrier’s registration could be revoked imposed on carriers that conduct lawful new operating authority to undergo a after notice and an opportunity for a operations in compliance with these safety review within the first 18 months proceeding. This section would clarify regulations. after beginning operations under that that the carrier would also be subject to Nevertheless, the subject of safe authority. the suspension and revocation operations by Mexican carriers in the Under one of the companion NPRMs provisions of 49 U.S.C. 13905 for United States will likely generate appearing in today’s Federal Register, repetitive violations of DOT regulations considerable public interest within the Revision of Regulations and Application governing its operations. meaning of Executive Order 12866. The Form for Mexican-Domiciled Motor Section 385.27 would establish a manner in which the FMCSA carries out Carriers to Operate in U.S. procedure for administrative review if a its safety oversight responsibilities with Municipalities and Commercial Zones Mexican-domiciled carrier believes a respect to this international motor on the U.S.-Mexico Border, Mexican suspension under §§ 385.23 and 385.25 carrier transportation may be of carriers currently operating in the U.S. is unwarranted. The request for review substantial interest to the domestic border commercial zones under would be submitted to the Chief Safety motor carrier industry, the Congress, Certificates of Registration would be Officer, who would be required to required to re-register by submitting and the public at large. A regulatory complete the review within 10 days evaluation was completed for the three revised application forms with after the carrier submits its request. expanded carrier safety assessment companion NPRMs (published Section 385.29 would set forth that a elsewhere in today’s Federal Register) information, even if not changing the Mexican-domiciled carrier would scope of their existing operations. These that implement the NAFTA entry remain in the safety oversight program provisions and our proposed safety carriers would also be subject to the for 18 months after issuance of its safety monitoring system proposed in monitoring system for Mexican- conditional registration or Certificate of domiciled carriers conducting this NPRM. Registration. At the end of 18 months, Finally, we wish to emphasize that operations in the United States. This the carrier’s authority would become evaluation concluded that anywhere the safety oversight program is intended permanent, provided its most recent to supplement, not replace, the regular between (high estimate), to 10,000 safety review was satisfactory. If the (medium estimate) to 5,000 (low safety fitness compliance and carrier has not undergone a safety enforcement procedures applicable to estimate) Mexican carriers would file for review during the 18-month period, the authority in the first year after the all motor carriers within our carrier would remain in the program jurisdiction. moratorium is lifted. The FMCSA until a safety review is conducted. If a estimates that in the first year (in the Section-By-Section Analysis carrier’s registration is under high estimate scenario), only 3,200 of Proposed § 385.21 describes the safety suspension at the end of the 18-month these carriers would be new applicants, oversight program for Mexican- period, it would remain in the safety dropping to 2,500 in subsequent years. domiciled carriers and its components, oversight program until it took the In the medium or low estimate including the safety review. The necessary corrective action or its scenarios, only 500 of the first-year proposed safety review could be registration was revoked under § 385.25 applicants would be new, dropping to conducted at a designated location in (b). 200 in subsequent years. This is because the United States. Failure to provide the Section 385.31 would clarify that most of the 15,000 to 5,000 Mexican necessary documentation in connection Mexican-domiciled carriers are subject carriers already are operating in the with a safety review may result in the to the general safety fitness procedures United States. Please refer to the suspension of the carrier’s registration of subpart A of part 385 during the time Regulatory Evaluation for a detailed until the documents are produced. they are in the safety oversight program. discussion on how these estimates were Section 385.23 would identify seven Rulemaking Analyses and Notices derived. A copy of the Regulatory categories of serious safety violations Evaluation is in the docket. Executive Order 12866 (Regulatory which, when identified through Regulatory Flexibility Act roadside inspections or other means, Planning and Review) and Department would cause the FMCSA to take of Transportation Regulatory Policies The Regulatory Flexibility Act (RFA) expedited action. Expedited action and Procedures (Pub. L. 96–354) (5 U.S.C. 601–612), as could take the form of a safety review The FMCSA has determined that this amended by the Small Business or the issuance of a deficiency letter action is a significant regulatory action Regulatory Enforcement and Fairness requesting proof of corrective action for within the meaning of Executive Order Act (Public Law 104–121), requires the violations identified in the roadside 12866 and is significant within the Federal agencies to analyze the impact inspection. Failure to submit an meaning of Department of of rulemakings on small entities, unless adequate written response to the Transportation regulatory policies and the Agency certifies that the rule will deficiency letter would result in procedures (44 FR 11034, February 26, not have a significant economic impact
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on a substantial number of small assessments, estimates, and descriptions Comments on this conclusion are entities. that are delineated in the Act. welcome and should be submitted to the The FMCSA is issuing this document Under this proposal, State law docket. because of the planned implementation enforcement personnel in the four Executive Order 12372 of the NAFTA’s motor carrier access border States currently performing (Intergovernmental Review) provisions. A NAFTA dispute roadside inspections under the Motor resolution tribunal recently ruled that Carrier Safety Assistance Program Catalog of Federal Domestic the United States violated NAFTA by (MCSAP) will target for inspection Assistance Program Number 20.217, failing to allow Mexican carriers greater Mexican carriers whose operations Motor Carrier Safety. The regulations access to the United States. within the United States were implementing Executive Order 12372 Mexican carriers would be subject to previously limited to U.S. regarding intergovernmental the same safety regulations as domestic municipalities and commercial zones consultation on Federal programs and carriers when operating in the United along the U.S.-Mexico border. Although activities do not apply to this program. States. The objective of this proposal, in the number of carriers subject to Paperwork Reduction Act conjunction with the two companion inspection will increase as a result of NPRMs published elsewhere in today’s liberalized entry into the United States, Under the Paperwork Reduction Act Federal Register, is to help determine additional Federal funds have been of 1995 (PRA) [49 U.S.C. 3501–3520], the capability of Mexican carriers to earmarked for increased inspection Federal agencies must determine operate safely in the United States. This activity in the border States. The whether requirements contained in rulemakings are subject to information proposal describes a safety oversight FMCSA has determined that the collection provisions of the PRA and, if program applicable to Mexican- changes proposed in this rulemaking they are, obtain approval from the Office domiciled carriers for the 18-month would not result in the expenditure by of Management and Budget for each period beginning at the time they State, local, and tribal governments, in collection of information they conduct, receive authority to operate in the the aggregate, or by the private sector, of sponsor or require through regulations. United States. $100 million or more in any one year. A review of the MCMIS census file The FMCSA has determined that this reveals that the vast majority of Mexican Executive Order 12988 (Civil Justice proposed regulation does not constitute carriers are small. For Mexican carriers Reform) an information collection with the scope with any trucks, the mean number of This action meets applicable or meaning of the PRA. trucks was 5.1. That mean was pulled standards in sections 3(a) and 3(b)(2) of The FMCSA performs safety compliance assessments and up by a small number of large carriers. Executive Order 12988, Civil Justice enforcement activities as required by Seventy-five (75) percent of Mexican Reform, to minimize litigation, statutes and the FMCSRs. carriers had three or fewer trucks, and eliminate ambiguity, and reduce Implementation of this proposal would the 95th percentile carrier had only 15 burden. trucks. These proposals should not have create no additional paperwork burden any impact on small U.S.-based motor Executive Order 13045 (Protection of on Mexican carriers that comply with carriers. Children) the FMCSRs. Any safety data that the The FMCSA cannot exempt small We have analyzed this action under FMCSA solicits from individual motor carriers from these proposals without Executive Order 13045, Protection of carriers regarding deficiency and/or seriously diminishing the agency’s Children from Environmental Health non-compliance is not considered a ability to ensure the safe operations of Risks and Safety Risks. This proposed collection of information because this Mexican carriers. The majority of rule is not an economically significant type of response is required of such Mexican carriers operating in the U.S. rule and does not concern an carriers as part of the usual and would be small; exempting them would environmental risk to health or safety customary compliance and enforcement have the same impact as not issuing that may disproportionately affect practice under the FMCSRs. these proposals. The safety oversight children. Accordingly, the FMCSA has plan simply places Mexican carriers on determined that this proposed action notice concerning the manner in which Executive Order 12630 (Taking of would not affect any requirements the FMCSA would be enforcing Private Property) under the PRA. compliance with the FMCSRs. This proposed rule would not effect a National Environmental Policy Act Therefore, FMCSA certifies that this taking of private property or otherwise The agency has analyzed this proposed rule would not have a have taking implications under proposal under of the National significant impact on a substantial Executive Order 12630, Governmental Environmental Policy Act of 1969 as number of small entities. Actions and Interference with amended [42 U.S.C. 4321 et seq.] and Constitutionally Protected Property Unfunded Mandates Reform Act of has determined under DOT Order Rights. 1995 5610.1C (September 18, 1979) that the The Unfunded Mandates Reform Act Executive Order 13132 (Federalism) proposed action does not require any of 1995 (Pub. L. 104–4; 2 U.S.C. 1532) This proposed action has been environmental assessment. An requires each agency to assess the analyzed in accordance with the environmental impact statement is, effects of its regulatory actions on State, principles and criteria contained in therefore, not required. local, and tribal governments and the Executive Order 13132, dated August 4, List of Subjects private sector. Any agency promulgating 1999 (64 FR 43255, August 10, 1999). a final rule likely to result in a Federal Consultation with States is not required 49 CFR Part 385 mandate requiring expenditures by a when a rule is required by statute. The Highway Safety, Highways and roads, State, local or tribal government, or by FMCSA, however, has determined that Motor carriers, Motor vehicle safety, and the private sector of $100 million or this action would not have significant Safety fitness procedures. more in any one year must prepare a Federalism implications or limit the For the reasons stated in the written statement incorporating various policy making discretion of the States. preamble, the FMCSA proposes to
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amend 49 CFR part 385 as set forth carrier’s operating authority until the management controls necessary to below: documents are produced. ensure safe operations, the carrier’s registration will be suspended until the PART 385—SAFETY FITNESS § 385.23 Expedited action. FMCSA determines that the carrier has PROCEDURES (a) A Mexican motor carrier taken appropriate corrective action committing any of the following necessary to remedy the violations 1. The authority citation for part 385 violations identified through roadside discovered in the safety review. is revised to read as follows: inspections, or by any other means, may (b) If a safety review conducted under Authority: 49 U.S.C. 104, 504, 521(b)(5)(A), be subjected to an expedited safety § 385.21 determines that a Mexican 5113, 13901–13905, 31136, 31144, 31502, review or issued a deficiency letter carrier does not exercise the basic safety and 49 CFR 1.73. identifying the violations and directing management controls necessary to 2. Sections 385.1 through 385.19 are the carrier to submit a written response ensure safe operations, and the carrier designated as Subpart A–General, and a demonstrating corrective action: fails to take necessary corrective action new subpart B is added consisting of (1) Using drivers not possessing, or as directed by the FMCSA, or fails to new §§ 385.21 through 385.31 to read as operating without, a valid Licencia submit a plan for taking necessary follows: Federal de Conductor (LFC) or corrective action, the carrier’s Commercial Driver’s License (CDL). A registration may be revoked after notice Subpart B—Safety Monitoring System for non-valid LFC or CDL includes one that and an opportunity for a proceeding. Mexican Carriers is falsified, revoked, expired, or without (c) If a carrier operates in violation of Sec. a Hazardous Materials endorsement, a suspension order issued under this 385.21 Safety oversight program. when required. subpart, its registration may be revoked 385.23 Expedited action. (2) Operating vehicles that have been after notice and an opportunity for a 385.25 Suspension and revocation of Mexican carrier registration. placed out of service for violations of proceeding. 385.27 Administrative review. the Commercial Vehicle Safety Alliance (d) Notwithstanding any provision of 385.29 Duration of enhanced safety (CVSA) North American Standard Out- this subpart, a Mexican carrier is subject oversight program. of-Service Criteria without making the to the suspension and revocation 385.31 Applicability of safety fitness and required repairs. provisions of 49 U.S.C. 13905 for enforcement procedures. (3) Involvement in, due to carrier act repeated violations of DOT regulations or omission, a hazardous materials governing its motor carrier regulations. Subpart B—Safety Monitoring System incident within the United States § 385.27 Administrative review for Mexican Carriers involving a highway route controlled (a) A Mexican-domiciled motor quantity of any of the following, as § 385.21 Safety oversight program. carrier may request the FMCSA to defined in 49 CFR 173.403, 173.50, (a) Mexican-domiciled carriers issued conduct an administrative review if it 173.115, 173.132, and 173.133: registrations pursuant to 49 CFR part believes the FMCSA has committed an (i) A Class 7 (radioactive) material, 365 subpart E or certificates of error in suspending the carrier’s (ii) A Class 1, Division 1.1, 1.2, or 1.3 registration pursuant to 49 CFR part 368 registration under this subpart. explosive, or are subject to a safety fitness oversight (b) The motor carrier’s request must (iii) A poison inhalation Hazard Zone program to help determine that they explain the error it believes the FMCSA A or B material. committed in suspending its registration comply with applicable Federal Motor (4) Involvement in, due to carrier act Carrier Safety Regulations, Motor and include any information or or omission, two or more hazardous documents that support its argument. Vehicle Safety Standards, and material incidents occurring within the Hazardous Materials Regulations and (c) The motor carrier must submit its United States and involving any request in writing to the Chief Safety conduct safe operations. This program hazardous material not listed in includes intensified monitoring through Officer, Federal Motor Carrier Safety paragraph (a)(3) of this section and Administration, 400 Seventh Street, frequent roadside inspections and an defined in 49 CFR chapter I. evaluation of the carrier’s compliance SW., Washington, DC 20590. (5) Using a driver who tests positive (d) Administrative review shall occur with the applicable safety regulations for drugs or alcohol or who refuses to through a safety review conducted no later than 10 days after the carrier submit to required drug or alcohol tests. submits its request for review. within 18 months after the carrier is (6) Operating within the United States issued a new registration or Certificate a motor vehicle that is not insured as § 385.29 Duration of enhanced safety of Registration. required by 49 CFR part 387. oversight program. (b) The safety review under this (7) Having an aggregate operations out (a) Mexican-domiciled carriers subject section may be conducted either at the of service rate of 50 percent based upon to this subpart will remain in the carrier’s business premises or at an three inspections occurring within a enhanced safety oversight program for alternative location in the United States consecutive 90-day period. 18 months from the date their designated by the FMCSA. When the (b) Failure to respond to the conditional registration or Certificate of safety review is conducted in the United deficiency letter by submitting a written Registration is issued, except as States, the carrier must make available response demonstrating corrective provided in paragraphs (c) and (d) of for inspection at the designated location action will result in the suspension of this section. all records determined to be necessary the carrier’s registration until the (b) If, at the end of this 18-month to adequately evaluate the carrier’s required showing of corrective action is period, the carrier’s most recent safety compliance with the applicable submitted to the FMCSA. review was satisfactory and no regulations. additional actions are pending under (c) Failure to provide necessary § 385.25 Suspension and revocation of this subpart, the carrier’s conditional documents upon reasonable request in Mexican carrier registration. registration or Certificate of Registration connection with a safety review (a) If a safety review conducted under will become permanent. conducted under this section or § 385.23 § 385.21 determines that a Mexican (c) If, at the end of this 18-month will result in the suspension of the carrier does not exercise the basic safety period, the carrier has not undergone a
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safety review, it will remain in the safety oversight program until the general safety fitness procedures enhanced safety oversight program until FMCSA either: established in subpart A of this part and a safety review is conducted. If the (1) Determines that the carrier has to compliance and enforcement results of this safety review are taken corrective action; or procedures applicable to all carriers satisfactory, the carrier’s conditional (2) Completes measures to revoke the regulated by the FMCSA. carrier’s authority under § 385.25(b). registration or Certificate of Registration Issued on: April 27, 2001. will become permanent. § 385.31 Applicability of safety fitness and Brian M. McLaughlin, enforcement procedures. (d) If, at the end of this 18-month Associate Administrator for Policy and period, the carrier’s registration is At all times during which a Mexican- Program Development. domiciled motor carrier is subject to the suspended under § 385.25 (a), the [FR Doc. 01–11036 Filed 5–1–01; 8:45 am] carrier will remain in the enhanced enhanced safety oversight program in this subpart, it is also subject to the BILLING CODE 4910–22–P
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Part IV
The President Proclamation 7431—Law Day, U.S.A.
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Federal Register Presidential Documents Vol. 66, No. 86
Thursday, May 3, 2001
Title 3— Proclamation 7431 of April 30, 2001
The President Law Day, U.S.A., 2001
By the President of the United States of America
Proclamation
This year marks the 44th commemoration of May 1 as Law Day, U.S.A., a national day of observance to celebrate our legal heritage. On this occasion, we reflect on the role our legal system plays in the lives of every American and how the freedoms we enjoy would not be possible without a strong and independent judiciary. The theme of this year’s Law Day, ‘‘Ensuring the Rights of Victims,’’ acknowledges our gratitude for a legal system that recognizes the importance of protecting the rights of those who are victimized by crime. This Law Day, I call upon all Americans to consider how the law, commu- nities, and individuals can better assist and support victims of crime. We must continue to strive for a legal system in which victims receive timely and accurate information regarding offenders and relevant public pro- ceedings. In appropriate circumstances, a victim of crime should have an opportunity for restitution. In addition, social services provided to victims of crime can give the assistance and support that victims deserve in the aftermath of crime. We are encouraged by the progress our country has made over the last three decades toward better assisting those whose lives are affected by criminal offenses. However, government and laws cannot effectively address this issue alone. More than 10,000 State- or community-based organizations provide help and hope to crime victims. I encourage Americans to celebrate, support, and consider joining these volunteers and other workers in service to their fellow citizens. Keeping faith with our commitment to the victims of crime also drives us to increased efforts to prevent crimes and effectively punish those who commit them, to ensure that similar violations are discouraged and law- abiding citizens are protected. Law Day provides an opportunity to express appreciation to professionals who accept the responsibility to serve justice. From attorneys to judges to the many other professionals working in our legal system, those who serve justice uphold the rule of law on which our democracy is built. They join with law enforcement professionals to give our people confidence to live without fear for their safety. We must each do our part to build a Nation in which civility and respect for our neighbors overwhelm the powers of injustice. As Thomas Jefferson wrote, ‘‘It is reasonable that every one who asks justice should do justice.’’ I encourage all Americans to join with members of the legal community in protecting the rights of crime victims and in celebrating a legal system that, while not perfect, is the best the world has ever known. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim May 1, 2001, as Law Day, U.S.A. I call upon all the people of the United States to observe
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this day with appropriate ceremonies and activities. I also call upon Govern- ment officials to display the flag of the United States in support of this national observance. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand one, and of the Independence of the United States of America the two hundred and twenty-fifth. W
[FR Doc. 01–11359 Filed 5–2–01; 8:45 am] Billing code 3195–01–P
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Reader Aids Federal Register Vol. 66, No. 86 Thursday, May 3, 2001
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–523–5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523–5227 3 CFR 524...... 22116 529...... 22116 Presidential Documents Proclamations: 558 ...... 21861, 22116, 22118 Executive orders and proclamations 523–5227 7430...... 22103 The United States Government Manual 523–5227 7431...... 22423 25 CFR Executive Orders: 11...... 22118 13183 (Amended by Other Services EO 13209)...... 22105 26 CFR Electronic and on-line services (voice) 523–4534 13209...... 22105 1...... 22286 Privacy Act Compilation 523–3187 Proposed Rules: 523–6641 5 CFR Public Laws Update Service (numbers, dates, etc.) 1...... 21844 TTY for the deaf-and-hard-of-hearing 523–5229 1600...... 22088 1601...... 22092 27 CFR ELECTRONIC RESEARCH Proposed Rules: 250...... 21667 1604...... 21693 Proposed Rules: World Wide Web 7 CFR 9...... 21707 Full text of the daily Federal Register, CFR and other publications: 930...... 21836 29 CFR 1240...... 21824 2202...... 21670 http://www.access.gpo.gov/nara 1410...... 22098 Federal Register information and research tools, including Public Proposed Rules: 33 CFR Inspection List, indexes, and links to GPO Access: 29...... 21888 117...... 21862 http://www.nara.gov/fedreg 981...... 21888 164...... 21862 165 ...... 21864, 21866, 21868, 9 CFR E-mail 21869, 22121 PENS (Public Law Electronic Notification Service) is an E-mail 362...... 21631 173...... 21671 service for notification of recently enacted Public Laws. To 381...... 21631 Proposed Rules: subscribe, send E-mail to 10 CFR 151...... 22137 [email protected] 160...... 21710 490...... 21851 164...... 21899 with the text message: Proposed Rules: 165...... 21715 subscribe PUBLAWS-L your name 50...... 22134 175...... 21717 Use [email protected] only to subscribe or unsubscribe to 14 CFR 37 CFR PENS. We cannot respond to specific inquiries. 39 ...... 21851, 21852, 21853, Proposed Rules: Reference questions. Send questions and comments about the 21855, 21859 201...... 22139 Federal Register system to: 71...... 21639 [email protected] 382...... 22107 38 CFR The Federal Register staff cannot interpret specific documents or Proposed Rules: 3...... 21871 regulations. 39 ...... 21697, 21699, 21700, 21703, 21892, 21893, 21896, 39 CFR 21898 Proposed Rules: FEDERAL REGISTER PAGES AND DATE, MAY 111...... 21720 15 CFR 21631–21850...... 1 902...... 21639 40 CFR 21851–22106...... 2 52 ...... 21675, 21875, 22123, 22107–22424...... 3 17 CFR 22125 240...... 21648 81...... 22125 180...... 22128 19 CFR 261...... 21877 102...... 21660 Proposed Rules: 132...... 21664 52 ...... 21721, 21727, 21901, 163...... 21664 22140, 22141 Proposed Rules: 81...... 22141 4...... 21705 24...... 21705 46 CFR 101...... 21705 Proposed Rules: 67...... 21902 21 CFR 510...... 22116, 22118 47 CFR 520...... 22116 54...... 22133 522...... 22116, 22118 73 ...... 21679, 21680, 21681
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Proposed Rules: 39...... 22084 365...... 22371 648...... 21639 73...... 21727, 21728 368...... 22328 679 ...... 21691, 21886, 21887 385...... 22415 48 CFR 49 CFR Proposed Rules: 387...... 22328 17...... 22141 Ch. 1 ...... 22082 27...... 22107 622...... 22144 2...... 22082 Proposed Rules: 50 CFR 37...... 22082 107...... 22080 216...... 22133
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REMINDERS Gulf of Mexico fishery calls; comments due by TRANSPORTATION The items in this list were management plans; 5-7-01; published 4-5-01 DEPARTMENT editorially compiled as an aid generic amendment; Radio stations; table of Coast Guard to Federal Register users. comments due by 5-7- assignments: Drawbridge operations: 01; published 3-7-01 Inclusion or exclusion from Arizona and Louisiana; Wisconsin; comments due this list has no legal CONSUMER PRODUCT comments due by 5-7-01; by 5-7-01; published 3-6- significance. SAFETY COMMISSION published 4-4-01 01 Poison prevention packaging: Illinois; comments due by 5- Uninspected vessels: 7-01; published 3-28-01 Child-resistant packaging Towing vessels; fire RULES GOING INTO requirements— Louisiana; comments due by EFFECT MAY 3, 2001 suppression systems and Household products 5-7-01; published 3-28-01 voyage planning; containing low-viscosity Television broadcasting: comments due by 5-8-01; FEDERAL hydrocarbons; Digital television broadcast published 2-23-01 COMMUNICATIONS comments due by 5-11- signals; carriage of COMMISSION TRANSPORTATION 01; published 4-11-01 transmissions by cable DEPARTMENT Common carrier services: ENVIRONMENTAL operators; comments due Federal Aviation Federal-State Joint Board PROTECTION AGENCY by 5-10-01; published 3- Administration on Universal Service— 26-01 Air pollutants, hazardous; Airworthiness directives: Children’s Internet national emission standards: Multipoint distribution Protection Act; service; two-way Airbus; comments due by 5- Sterilization facilities; 7-01; published 4-5-01 implementation; ethylene oxide; comments transmissions; Basic Bell; comments due by 5-7- correction; published 5- due by 5-7-01; published Trading Area authorization 01; published 3-8-01 3-01 3-6-01 holders; five-year build-out requirement extension by Boeing; comments due by HEALTH AND HUMAN Air pollution; standards of SERVICES DEPARTMENT two years; comments due 5-7-01; published 3-6-01 performance for new by 5-9-01; published 4-30- Food and Drug stationary sources: Boeing; correction; 01 comments due by 5-7-01; Administration Electric utility and industrial- FEDERAL ELECTION published 3-16-01 Animal drugs, feeds, and commercial-institutional COMMISSION related products: steam generating units; Construcciones Political committee; definition; Aeronauticas, S.A. Technical amendments; comments due by 5-10- comments due by 5-7-01; (CASA); comments due published 5-3-01 01; published 4-10-01 published 3-7-01 by 5-10-01; published 4- Air quality implementation INTERIOR DEPARTMENT 10-01 plans; approval and HEALTH AND HUMAN Indian Affairs Bureau promulgation; various SERVICES DEPARTMENT General Electric Co.; Law and order: States: Food and Drug comments due by 5-7-01; published 3-6-01 Indian Reservations; Missouri; comments due by Administration published 5-3-01 5-7-01; published 4-6-01 Biological products: Honeywell International, Inc.; comments due by 5-11- TRANSPORTATION Pesticides; tolerances in food, Human cellular and tissue- 01; published 3-12-01 DEPARTMENT animal feeds, and raw based products Federal Aviation agricultural commodities: manufacturers; current McDonnell Douglas; comments due by 5-7-01; Administration Chlorothalonil; comments good tissue practice; published 3-6-01 Airworthiness directives: due by 5-11-01; published inspection and Sikorsky; comments due by Bell; published 4-18-01 3-12-01 enforcement; comments due by 5-8-01; published 5-7-01; published 3-6-01 Radiation protection programs: 1-8-01 Airworthiness standards: Rocky Flats Environmental COMMENTS DUE NEXT INTERIOR DEPARTMENT Special conditions— WEEK Technology Site— Transuranic radioactive Land Management Bureau Gulfstream Model GV waste for disposal at Minerals management: airplanes; comments AGRICULTURE Waste Isolation Pilot Mining claims under general due by 5-7-01; DEPARTMENT Plant; waste mining laws; surface published 4-6-01 Agricultural Marketing characterization program management; proposed Class E airspace; comments Service documents availability; suspension of rules; due by 5-7-01; published 3- Cotton classing, testing, and comments due by 5-7- comments due by 5-7-01; 23-01 standards: 01; published 4-5-01 published 3-23-01 TREASURY DEPARTMENT Classification services to Water supply: INTERIOR DEPARTMENT Alcohol, Tobacco and growers; 2001 user fees; National primary drinking Fish and Wildlife Service Firearms Bureau comments due by 5-8-01; water regulations— Endangered and threatened published 4-23-01 Alcohol, tobacco, and other Arsenic; maximum species: excise taxes: Olives grown in— containment level goal, Hoover’s woolly-star; Tobacco products— California; comments due by etc.; effective date delisting; comments due 5-7-01; published 3-6-01 Tobacco products and delay; comments due by 5-7-01; published 3-6- cigarette papers and Spearmint oil produced in Far by 5-7-01; published 4- 01 tubes shipped from West; comments due by 5- 23-01 INTERIOR DEPARTMENT Puerto Rico; on-site 9-01; published 4-24-01 FEDERAL Surface Mining Reclamation supervision and forms COMMERCE DEPARTMENT COMMUNICATIONS and Enforcement Office eliminated; cross National Oceanic and COMMISSION Permanent program and reference; comments Atmospheric Administration Common carrier services: abandoned mine land due by 5-7-01; Fishery conservation and Americans with Disabilities reclamation plan published 3-8-01 management: Act; implementation— submissions: VETERANS AFFAIRS Caribbean, Gulf, and South Telecommunications relay Arkansas; comments due by DEPARTMENT Atlantic fisheries— services; coin sent-paid 5-7-01; published 4-6-01 Board of Veterans Appeals:
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