5–10–01 Thursday Vol. 66 No. 91 May 10, 2001 Pages 23831–24042
VerDate 11-MAY-2000 19:48 May 09, 2001 Jkt 194001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\10MYWS.LOC pfrm04 PsN: 10MYWS
1 II Federal Register / Vol. 66, No. 91 / Thursday, May 10, 2001
The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 512–1803 Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 523–5243 Assistance with Federal agency subscriptions 523–5243 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ FEDERAL REGISTER WORKSHOP fedreg. The seal of the National Archives and Records Administration THE FEDERAL REGISTER: WHAT IT IS AND authenticates the Federal Register as the official serial publication HOW TO USE IT established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. FOR: Any person who uses the Federal Register and Code of Federal Regulations. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases WHO: Sponsored by the Office of the Federal Register. on GPO Access, a service of the U.S. Government Printing Office. WHAT: Free public briefings (approximately 3 hours) to present: 1. The regulatory process, with a focus on the Federal Register The online edition of the Federal Register is issued under the system and the public’s role in the development of authority of the Administrative Committee of the Federal Register regulations. as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each 2. The relationship between the Federal Register and Code day the Federal Register is published and it includes both text of Federal Regulations. and graphics from Volume 59, Number 1 (January 2, 1994) forward. 3. The important elements of typical Federal Register documents. GPO Access users can choose to retrieve online Federal Register 4. An introduction to the finding aids of the FR/CFR system. documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), WHY: To provide the public with access to information necessary to or SUMMARY (abbreviated text) files. Users should carefully check research Federal agency regulations which directly affect them. retrieved material to ensure that documents were properly There will be no discussion of specific agency regulations. downloaded. On the World Wide Web, connect to the Federal Register at http:/ WASHINGTON, DC /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to WHEN: Tuesday, May 22, 2001 at 9:00 a.m. swais.access.gpo.gov, or by dialing (202) 512-1661 with a computer WHERE: Office of the Federal Register and modem. When using Telnet or modem, type swais, then log Conference Room in as guest with no password. 800 North Capitol Street, NW. For more information about GPO Access, contact the GPO Access Washington, DC User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll (3 blocks north of Union Station Metro) free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, RESERVATIONS: 202–523–4538 except Federal holidays. The annual subscription price for the Federal Register paper edition is $638, or $697 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $253. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $9.00 for each issue, or $9.00 for each group of pages as actually bound; or $2.00 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 66 FR 12345.
.
VerDate 11-MAY-2000 19:48 May 09, 2001 Jkt 194001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\10MYWS.LOC pfrm04 PsN: 10MYWS
2 III
Contents Federal Register Vol. 66, No. 91
Thursday, May 10, 2001
Agency for Healthcare Research and Quality Commerce Department NOTICES See Census Bureau Meetings: See International Trade Administration Technical Review Committee, 23931 See National Oceanic and Atmospheric Administration
Agriculture Department Committee for the Implementation of Textile Agreements See Animal and Plant Health Inspection Service NOTICES See Cooperative State Research, Education, and Extension African Growth and Opportunity Act and United States- Service Carribean Basin Trade Partnership Act: See Forest Service Textile and apparel short supply provisions, comment requests, determinations, etc.— Air Force Department Stillwater Sales, Inc./Metcalf Bros. and Co., 23885 NOTICES Cotton, wool, and man-made textiles: Meetings: Korea, 23885–23886 Community College Board of Visitors, 23898–23899
Animal and Plant Health Inspection Service Comptroller of the Currency NOTICES NOTICES Meetings: National banks: Aquaculture issues and concerns, 23877–23878 Preemption applications, etc.— Ohio; automobile leasing, 23977–23979 Army Department NOTICES Cooperative State Research, Education, and Extension Environmental statements; availability, etc.: Service Fort Sam Houston and Camp Bullis, TX, 23899 NOTICES Privacy Act: Agency information collection activities: Systems of records, 23899–23902 Proposed collection; comment request, 23878–23879 Grants and cooperative agreements; availability, etc.: Census Bureau Alaska Native-Serving and Native Hawaiian-Serving NOTICES Institutions Education Program, 24037–24042 Agency information collection activities: Proposed collection; comment request, 23881–23882 Customs Service Centers for Disease Control and Prevention RULES Uruguay Round Agreements Act (URAA): NOTICES Textile and apparel products; rules of origin Agency information collection activities: Correction, 23981 Proposed collection; comment request, 23931–23933
Chemical Safety and Hazard Investigation Board Defense Department RULES See Air Force Department Testimony by employees in legal proceedings, 23853–23854 See Army Department See Navy Department Children and Families Administration NOTICES RULES Arms sales notification; transmittal letter, etc., 23886–23898 Personal Responsibility and Work Opportunity Meetings: Reconciliation Act of 1996; implementation: Science Board, 23898 Temporary Assistance for Needy Families Program— High performance bonus awards to States, 23854– Education Department 23860 NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Developmental disabilities— Advanced Placement Incentive Program; correction, Projects of National Significance Program, 23933–23943 23903 Coast Guard Employment and Training Administration RULES Regattas and marine parades: NOTICES Seattle National Maritime Week Tugboat Race, 23849 Agency information collection activities: PROPOSED RULES Proposed collection; comment request, 23951–23952 Outer Continental Shelf activities: Minerals Management Service; fixed facilities Energy Department inspections, 23871–23873 See Federal Energy Regulatory Commission
VerDate 11
RULES Federal Energy Regulatory Commission Whistleblower protection: NOTICES Security requirements for protected disclosure under Electric rate and corporate regulation filings: National Defense Authorization Act Pinnacle West Energy Corp. et al., 23909–23914 Effective date confirmed, 23833 TransAlta USA Inc. et al., 23914–23917 Hydroelectric applications, 23917–23921 Environmental Protection Agency Practice and procedure: RULES Off-the-record communications, 23921 Air programs; approval and promulgation; State plans for Applications, hearings, determinations, etc.: designated facilities and pollutants: ANR Pipeline Co., 23903 New York, 23851–23853 Arkansas Western Gas Co., 23903–23904 Air quality implementation plans; approval and Colorado Interstate Gas Co., 23904 promulgation; various States: Discovery Gas Transmission LLC, 23904 New York, 23849–23851 Eastern Shore Natural Gas Co., 23904 PROPOSED RULES Florida Gas Transmission Co., 23904–23905 Air programs; approval and promulgation; State plans for Georgia Straits Crossing Pipeline L.P., 23905–23906 designated facilities and pollutants: Great Lakes Gas Transmission L.P., 23906–23907 New York, 23874 NOTICES Northern Natural Gas Co., 23907 Agency information collection activities: PG&E Gas Transmission, Northwest Corp., 23907–23908 Proposed collection; comment request, 23921–23922 Reliant Energy Gas Transmission Co., 23908 Air programs: Texas Eastern Transmission, LP, 23908–23909 State implementation plans; adequacy status for Texas Eastern Transmission, LP; correction, 23908 transportation conformity purposes— Transcontinental Gas Pipe Line Corp., 23909 Illinois, 23922–23923 Meetings: Federal Highway Administration Local Government Advisory Committee, 23923 RULES State and Tribal Toxics Action Forum, 23924 Engineering and traffic operations: Superfund; response and remedial actions, proposed Transportation Equity Act for 21st Century; settlements, etc.: implementation— Marina Cliffs/Northwestern Barrel Site, WI, 23924–23925 Federal-aid project authorization and agreement, Petroleum Products Site, GA, 23925–23926 23845–23849 NOTICES Executive Office of the President Environmental statements; notice of intent: See National Drug Control Policy Office Evansville, IN and Henderson, KY, 23966–23967 See Presidential Documents Wythe County, VA, 23967 Farm Credit Administration Federal Housing Finance Board NOTICES PROPOSED RULES Meetings; Sunshine Act, 23926 Affordable Housing Program; amendments, 23864–23868
Federal Aviation Administration Federal Reserve System RULES NOTICES Airworthiness directives: Agency information collection activities: Airbus, 23838–23840 Proposed collection; comment request, 23929–23930 Boeing, 23836–23838 Eagle Aircraft Pty. Ltd., 23834–23836 Fish and Wildlife Service McDonnell Douglas, 23840–23845 NOTICES Endangered and threatened species permit applications, Federal Communications Commission 23947–23948 RULES Radio broadcasting: Food and Drug Administration Low power FM radio service; creation and operation, NOTICES 23861–23863 NOTICES Food additive petitions: Agency information collection activities: Food Irradiation Coalition, 23943–23944 Proposed collection; comment request, 23926–23928 Reporting and recordkeeping requirements, 23928–23929 Forest Service Rulemaking proceedings; petitions filed, granted, denied, NOTICES etc., 23929 Environmental statements; notice of intent: Ashley National Forest, UT, 23879–23881 Federal Election Commission NOTICES Health and Human Services Department Meetings; Sunshine Act, 23929 See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention Federal Emergency Management Agency See Children and Families Administration PROPOSED RULES See Food and Drug Administration National Flood Insurance Program: See Health Care Financing Administration Private sector property insurers; assistance, 23874–23876 See Program Support Center
VerDate 11
NOTICES National Drug Control Policy Office Agency information collection activities: NOTICES Proposed collection; comment request, 23930–23931 Agency information collection activities: Proposed collection; comment request, 23926 Health Care Financing Administration PROPOSED RULES National Highway Traffic Safety Administration Medicare: NOTICES Skilled nursing facilities; prospective payment system Motor vehicle safety standards: and consolidated billing; update, 23983–24036 Nonconforming vehicles— NOTICES Defect and noncompliance decisions; annual list, Agency information collection activities: 23967–23974 Proposed collection; comment request, 23944–23945 Reports and guidance documents; availability, etc.: Submission for OMB review; comment request, 23945– Head restraints; effectiveness in light trucks; evaluation 23946 report, 23974–23975 Housing and Urban Development Department NOTICES National Oceanic and Atmospheric Administration Organization, functions, and authority delegations: NOTICES Chief Financial Officer; order of succession, 23947 Permits: Endangered and threatened species, 23882–23884 Indian Affairs Bureau Marine mammals, 23884 NOTICES Agency information collection activities: Navy Department Proposed collection; comment request, 23948–23949 NOTICES Patent licenses; non-exclusive, exclusive, or partially Interior Department exclusive: See Fish and Wildlife Service Wickford Technologies, Inc., 23902–23903 See Indian Affairs Bureau See Land Management Bureau Northeast Dairy Compact Commission See Surface Mining Reclamation and Enforcement Office RULES Over-order price regulations: Internal Revenue Service Supply Management Refund Program; correction, 23833 PROPOSED RULES Income taxes, etc.: Nuclear Regulatory Commission Entity classification rules; clarification NOTICES Hearing canceled, 23868 Meetings: Reactor Safeguards Advisory Committee, 23952–23953 International Trade Administration NOTICES Presidential Documents Antidumping: PROCLAMATIONS Oil country tubular goods from— Special observances: Japan, 23882 Asian/Pacific American Heritage Month (Proc. 7434), 23831–23832 International Trade Commission NOTICES Import investigations: Program Support Center Hot-rolled steel products from— NOTICES Various countries, 23950–23951 Agency information collection activities: Polyvinyl alcohol from— Submission for OMB review; comment request, 23946– Various countries, 23949–23950 23947
Labor Department Public Health Service See Employment and Training Administration See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention Land Management Bureau See Food and Drug Administration NOTICES Public land orders: Securities and Exchange Commission Colorado, 23949 NOTICES Agency information collection activities: Maritime Administration Submission for OMB review; comment request, 23953 RULES Self-regulatory organizations; proposed rule changes: Practice and procedure: American Stock Exchange LLC, 23955–23956 Audit appeals; policy and procedure, 23860–23861 Depository Trust Co., 23956–23957 National Association of Securities Dealers, Inc., 23958– National Council on Disability 23961 NOTICES Philadelphia Stock Exchange, Inc., 23961–23963 Meetings: Applications, hearings, determinations, etc.: International Watch Advisory Committee, 23952 Public utility holding company filings, 23953–23955
VerDate 11
Small Business Administration Treasury Department NOTICES See Comptroller of the Currency Agency information collection activities: See Customs Service Submission for OMB review; comment request, 23963 See Internal Revenue Service NOTICES Social Security Administration Agency information collection activities: NOTICES Submission for OMB review; comment request, 23975– Agency information collection activities: 23977 Proposed collection and submission for OMB review; comment request, 23963–23965 Veterans Affairs Department PROPOSED RULES State Department Loan guaranty: NOTICES Properties conveyance to VA by holders; title evidence Art objects; importation for exhibition: and occupancy requirements; and partial payments Mies in Berlin, 23965–23966 acceptance; indemnification of default; withdrawn, 23873–23874 Surface Mining Reclamation and Enforcement Office NOTICES PROPOSED RULES Meetings: Permanent program and abandoned mine land reclamation Prosthetics and Special-Disabilities Programs Advisory plan submissions: Committee, 23979–23980 Arkansas, 23868–23870
Surface Transportation Board Separate Parts In This Issue NOTICES Railroad operation, acquisition, construction, etc.: Part II Union Pacific Railroad Co., 23975 Department of Health and Human Services, Health Care Textile Agreements Implementation Committee Financing Administration, 23983–24036 See Committee for the Implementation of Textile Agreements Part III Department of Agriculture, Cooperative State Research, Transportation Department Education, and Extension Service, 24037–24042 See Coast Guard See Federal Aviation Administration See Federal Highway Administration Reader Aids See Maritime Administration Consult the Reader Aids section at the end of this issue for See National Highway Traffic Safety Administration phone numbers, online resources, finding aids, reminders, See Surface Transportation Board and notice of recently enacted public laws.
VerDate 11
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: 7434...... 23831 7 CFR 1309...... 23833 10 CFR 1044...... 23833 12 CFR Proposed Rules: 951...... 23864 14 CFR 39 (4 documents) ...... 23834, 23836, 23838, 23840 19 CFR 102...... 23981 23 CFR 630...... 23845 26 CFR Proposed Rules: 1...... 23868 301...... 23868 30 CFR Proposed Rules: 904...... 23868 33 CFR 100...... 23849 Proposed Rules: 140...... 23871 38 CFR Proposed Rules: 36...... 23873 40 CFR 52...... 23849 62...... 23851 1611...... 23853 Proposed Rules: 62...... 23874 42 CFR Proposed Rules: 410...... 23984 411...... 23984 413...... 23984 424...... 23984 482...... 23984 489...... 23984 44 CFR Proposed Rules: 62...... 23874 45 CFR 270...... 23854 46 CFR 205...... 23860 47 CFR 73...... 23861
VerDate 11-MAY-2000 19:50 May 09, 2001 Jkt 194001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\10MYLS.LOC pfrm04 PsN: 10MYLS 23831
Federal Register Presidential Documents Vol. 66, No. 91
Thursday, May 10, 2001
Title 3— Proclamation 7434 of May 7, 2001
The President Asian/Pacific American Heritage Month, 2001
By the President of the United States of America
A Proclamation
As we move into the 21st century, the United States continues to greatly benefit from the contributions of its diverse citizenry. Among those who have influenced our country, Asian/Pacific Americans merit special recogni- tion. Their achievements have greatly enriched our quality of life and have helped to determine the course of our Nation’s future. Many immigrants of Asian heritage came to the United States in the nine- teenth century to work in the agricultural and transportation industries. Laboring under very difficult conditions, they helped construct the western half of the first transcontinental railroad. Their hard work was invaluable in linking together the East and West coasts, thus vastly expanding economic growth and development across the country. Over time, other immigrants journeyed to America from East Asia, Southeast Asia, and the Asian Subconti- nent. Today, Asian/Pacific Americans are one of the fastest growing segments of our population, having increased in number from fewer than 1.5 million in 1970 to approximately 10.5 million in 2000. Asian/Pacific Americans bring to our society a rich cultural heritage rep- resenting many languages, ethnicities, and religious traditions. Whether in government, business, science, technology, or the arts, Asian/Pacific Ameri- cans have added immeasurably to the prosperity and vitality of our society. As family members, citizens, and involved members of the community, they reinforce the values and ideals that are essential to the continued well-being of our Nation. Diversity represents one of our greatest strengths, and we must strive to ensure that all Americans have the opportunity to reach their full potential. By recognizing the accomplishments and contributions of Asian/Pacific Americans, our Nation celebrates the importance of inclusion in building a brighter future for all our citizens. To honor the achievements of Asian/Pacific Americans, the Congress, by Public Law 102-450, has designated the month of May each year as ‘‘Asian/ Pacific American Heritage Month.’’ 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 the laws of the United States, do hereby proclaim May 2001, as Asian/ Pacific American Heritage Month. I call upon the people of the United States to learn more about the contributions and history of Asian/Pacific Americans and to celebrate the role they have played in our national story.
VerDate 11
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May, 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. 01–11913 Filed 5–9–01; 8:45 am] Billing code 3195–01–P
VerDate 11
Rules and Regulations Federal Register Vol. 66, No. 91
Thursday, May 10, 2001
This section of the FEDERAL REGISTER intended to refer to ‘‘production of the DEPARTMENT OF ENERGY contains regulatory documents having general preceding 12 month period.’’ Also, and applicability and legal effect, most of which again due to a clerical error, § 1309.4(b) 10 CFR Part 1044 are keyed to and codified in the Code of at line 21 of the first column of page Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. 34581 refers to ‘‘§ 1309.2(e)’’ which was RIN 1992–AA26 intended to read ‘‘§ 1309.2(c).’’ The Code of Federal Regulations is sold by Office of Security and Emergency the Superintendent of Documents. Prices of List of Subjects in 7 CFR Part 1309 Operations; Security Requirements for new books are listed in the first FEDERAL Milk. Protected Disclosures Under Section REGISTER issue of each week. 3164 of the National Defense Accordingly, 7 CFR part 1309 is Authorization Act for Fiscal Year 2000 corrected by making the following NORTHEAST DAIRY COMPACT correcting amendments: AGENCY: Department of Energy (DOE). COMMISSION PART 1309—SUPPLY MANAGEMENT ACTION: Interim final rule; completion of 7 CFR Part 1309 REFUND PROGRAM regulatory review. Over-Order Price Regulation; Supply SUMMARY: In accordance with the Management Refund Program; 1. The authority citation for part 1309 Correction continues to read as follows: memorandum of January 20, 2001, from Authority: 7 U.S.C. 7256. the Assistant to the President and Chief AGENCY: Northeast Dairy Compact of Staff, entitled ‘‘Regulatory Review Commission. 2. Revise § 1309.4 to read as follows: Plan,’’ published in the Federal Register ACTION: Correcting amendments. on January 24, 2001 (66 FR 7702), DOE § 1309.4 Payment to producers of supply temporarily delayed for 60 days (66 FR SUMMARY: This document contains management refund. 8747, February 2, 2001) the effective corrections to the final regulations (7 (a) All producers who are qualified date of the interim final rule entitled CFR Part 1309) published in the Federal ‘‘Security Requirements for Protected Register of Wednesday, May 31, 2000, pursuant to § 1309.1 shall become Disclosures Under Section 3164 of the (65 FR 34580). The regulations related eligible to receive payment of the National Defense Authorization Act for to establishing a Supply Management supply management refund computed Refund Program for the regulated area pursuant to § 1309.2 by submitting to Fiscal Year 2000’’ published in the pursuant to Article IV, section 9(f) of the the compact commission documentation Federal Register on January 18, 2001 Northeast Interstate Dairy Compact. that the producer milk production (66 FR 4639). DOE has now completed its review of that regulation, and does DATES: Effective date: June 1, 2001. during the refund year is less than or the not intend to initiate any further FOR FURTHER INFORMATION CONTACT: increase is not more than 1% of the milk rulemaking action to modify its Daniel Smith, Executive Director, production of the preceding 12 month provisions. However, based on a written Northeast Dairy Compact Commission at period. Such documentation shall be comment received on the interim final the above address or by telephone at filed with the commission not later than (802) 229–1941, or by facsimile at (802) 45 days after the end of the refund year. rule, DOE may make minor, non- substantive changes to the rule. DOE 229–2028. (b) The commission will make will announce any such changes in the SUPPLEMENTARY INFORMATION: payment to all producers qualified notice of final rulemaking that will be pursuant to § 1309.1 and eligible Background published in the Federal Register. pursuant to paragraph (a) of this section The final regulations that are the in the following manner: DATES: The effective date of the interim subject of these corrections established final rule amending 10 CFR part 1044 the Northeast Dairy Compact (1) A per farm payment computed by dividing the amount subtracted published at 66 FR 4639, January 18, Commission’s Supply Management 2001, and delayed at 66 FR 8747, Refund Program effective July 1, 2000. pursuant to § 1309.2(b) by the total eligible producers; and February 2, 2001, is confirmed as April Section 1309.4 provides the 23, 2001. qualifications and methodology for (2) The value determined by payments to producers of the supply multiplying the supply management FOR FURTHER INFORMATION CONTACT: management fund 45 days after the refund price computed pursuant to Geralyn Praskievcz, Office of Security close of the refund year on June 30. § 1309.2(c) by the producer’s milk and Emergency Operations, (202) 586– Need for Correction pounds, not to exceed $12,000. 4451, [email protected]. As published the final rule contains Dated: May 1, 2001. Issued in Washington, DC on May 3, 2001. errors which may prove to be Daniel Smith, Spencer Abraham, misleading and need to be clarified. Executive Director. Secretary of Energy. Because of a clerical error, § 1309.4(a) at [FR Doc. 01–11792 Filed 5–9–01; 8:45 am] [FR Doc. 01–11809 Filed 5–9–01; 8:45 am] line 5 of the first column of page 34581 BILLING CODE 1650–01–P BILLING CODE 6450–01–P refers to ‘‘production of the preceding calendar year’’ when the Commission
VerDate 11
DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: replacement kits to correct the unsafe Fredrick A. Guerin, Aerospace Engineer, condition have been shipped to the Federal Aviation Administration FAA, Los Angeles Aircraft Certification United States and all affected airplanes Office, 3960 Paramount Boulevard, models may already be in compliance 14 CFR Part 39 Lakewood, California 90712; telephone: with this AD. (562) 627–5232; facsimile: (562) 627– [Docket No. 2000–CE–22–AD; Amendment What Is FAA’s Response To the 5210. 39–12223; AD 2001–09–16] Concern? SUPPLEMENTARY INFORMATION: RIN 2120–AA64 We do not concur. Although there Discussion Airworthiness Directives; Eagle may be airplanes on the U.S. Register Aircraft Pty. Ltd. Model 150B Airplanes What Events Have Caused This AD? that have already incorporated the kit installation, the AD is still justified. The Civil Aviation Safety Authority AGENCY: Federal Aviation Issuing an AD is the only way to assure Administration, DOT. (CASA), which is the airworthiness that: authority for Australia, notified FAA ACTION: Final rule. —The installation of the pulley that an unsafe condition may exist on replacement kit is incorporated on certain Eagle Model 150B airplanes. The SUMMARY: This amendment adopts a any U.S.-registered airplane; new airworthiness directive (AD) that CASA reports an occurrence where —The actions are accomplished on any applies to certain Eagle Aircraft Pty. Ltd. frayed rudder cables were found on an airplane that is imported from another (Eagle) Model 150B airplanes. This AD Eagle Model 150B airplane. Further country and placed on the U.S. requires you to inspect the rudder investigation reveals that the diameter Register; and cables for fraying, broken strands, etc. of the rudder cable pulleys is too small (referred to as damage), and replace any and cables rub against these pulleys. —The installation continues to be damaged cables. This AD also requires incorporated on all U.S. registered What Are the Consequences If the airplanes. you to replace the rudder cable pulleys Condition Is Not Corrected? with larger diameter pulleys to We have not changed the AD as a eliminate the possibility of further Continued airplane operation with result of this comment. damaged cables could result in rudder damage. This AD is the result of FAA’s Determination mandatory continuing airworthiness cable system failure with possible loss information (MCAI) issued by the of airplane control. What Is FAA’s Final Determination on airworthiness authority for Australia. Has FAA Taken Any Action To This This Issue? The actions specified by this AD are Point? After careful review of all available intended to detect and correct damaged We issued a proposal to amend part information related to the subject rudder cables caused by chafing of the 39 of the Federal Aviation Regulations presented above, we have determined cable against the pulleys. Continued (14 CFR part 39) to include an AD that that air safety and the public interest airplane operation with damaged cables would apply to certain Eagle Model require the adoption of the rule as could result in rudder cable system 150B airplanes. This proposal was proposed except for minor editorial failure with possible loss of airplane published in the Federal Register as a corrections. We determined that these control. notice of proposed rulemaking (NPRM) minor corrections: DATES: This AD becomes effective on on January 2, 2001 (66 FR 59). The —Will not change the meaning of the June 29, 2001. NPRM proposed to require you to: AD; and The Director of the Federal Register —Inspect the rudder cables for fraying, —Will not add any additional burden approved the incorporation by reference broken strands, etc. (referred to as upon the public than was already of certain publications listed in the damage), and replace any damaged proposed. regulations as of June 29, 2001. cables; and ADDRESSES: You may get the service —Replace the rudder cable pulleys with Cost Impact information referenced in this AD from larger diameter pulleys to eliminate How Many Airplanes Does This AD Eagle Aircraft Pty. Ltd., Lot 700 the possibility of further damage. Impact? Cockburn Road, Henderson WA 6166 Was the Public Invited To Comment? Australia; telephone: (08) 9410 1077; We estimate that this AD affects 5 facsimile: (08) 9410 2430. You may Interested persons were afforded an airplanes in the U.S. registry. examine this information at the Federal opportunity to participate in the making What Is the Cost Impact of This AD on Aviation Administration (FAA), Central of this amendment. We have given due Owners/Operators of the Affected Region, Office of the Regional Counsel, consideration to the comment received. Airplanes? Attention: Rules Docket No. 2000–CE– Comment Disposition 22–AD, 901 Locust, Room 506, Kansas We estimate the following costs to City, Missouri 64106; or at the Office of What Is the Commenter’s Concern? accomplish the inspection of the rudder the Federal Register, 800 North Capitol Eagle Aircraft Pty. Ltd requests that cable and replacement of the rudder Street, NW., suite 700, Washington, DC. FAA withdraw the AD because pulley cable pulley:
Total cost Labor cost Parts cost Total cost on U.S. per airplane operators
5 workhours × $60 ...... $286 $586 $2,930
VerDate 11
Replacement cables, if necessary, will owners/operators of the affected Adoption of the Amendment cost $305 perairplane. We have no way airplanes only have their airplanes out of determining the number of rudder of service once instead of twice. Accordingly, under the authority cables that will be found damaged delegated to me by the Administrator, Regulatory Impact during the inspection. the Federal Aviation Administration Compliance Time of this AD Does This AD Impact Various Entities? amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: What Is the Compliance Time of This The regulations adopted herein will AD? not have a substantial direct effect on PART 39—AIRWORTHINESS the States, on the relationship between DIRECTIVES The compliance time of this AD will the national government and the States, be to accomplish the inspection and or on the distribution of power and rudder cable pulley replacement 1. The authority citation for part 39 responsibilities among the various continues to read as follows: ‘‘within the next 100 hours time-in- levels of government. Therefore, it is service (TIS) after the effective date of determined that this final rule does not Authority: 49 U.S.C. 106(g), 40113, 44701. this AD’’ and to accomplish any have federalism implications under § 39.13 [Amended] necessary cable replacement ‘‘prior to Executive Order 13132. further flight after the inspection.’’ Does This AD Involve a Significant Rule 2. FAA amends § 39.13 by adding a Why Are the Compliance Times of the or Regulatory Action? new AD to read as follows: Australian AD Different From the Compliance Times in This AD? For the reasons discussed above, I 2001–09–16 Eagle Aircraft Pty. Ltd.: certify that this action (1) is not a Amendment 39–12223; Docket No. The Australian AD requires (on Eagle 2000–CE–22–AD. Model 150B airplanes registered in ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a (a) What airplanes are affected by this AD? Australia) the inspection within the This AD affects Model 150B airplanes, serial next 5 hours of service and requires the ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 numbers 001 through 030, that are pulley replacement within 100 hours of certificated in any category. operation. These are the compliance FR 11034, February 26, 1979); and (3) will not have a significant economic (b) Who must comply with this AD? times specified in the service Anyone who wishes to operate any of the information. impact, positive or negative, on a substantial number of small entities above airplanes must comply with this AD. We do not have justification to require (c) What problem does this AD address? the inspection within 5 hours of service. under the criteria of the Regulatory Flexibility Act. A copy of the final The actions specified by this AD are intended We use compliance times such as this to detect and correct damaged rudder cables when we have identified an urgent evaluation prepared for this action is contained in the Rules Docket. A copy caused by chafing of the cable against the safety of flight situation. We believe that pulleys. Continued airplane operation with of it may be obtained by contacting the 100 hours TIS will give the owners/ damaged cables could result in rudder cable Rules Docket at the location provided operators of the affected airplanes system failure with possible loss of airplane under the caption ADDRESSES. enough time to have the inspection and control. replacement accomplished without List of Subjects in 14 CFR Part 39 (d) What actions must I accomplish to compromising the safety of the address this problem? To address this airplanes. Air transportation, Aircraft, Aviation problem, you must accomplish the following: By accomplishing both the inspection safety, Incorporation by reference, and replacement at the same time, the Safety.
Actions Compliance Procedures
(1) Inspect the rudder cables for fraying, broken Within the next 100 hours time-in-service In accordance with Eagle Service Bulletin No. strands, etc. (referred to as damage). (TIS) after June 29, 2001 (the effective date 1059, dated January 21, 1999. of this AD). (2) Replace any rudder cables found damaged Prior to further flight after the inspection ...... In accordance with the instructions in the during the inspection. maintenance manual, as specified in Eagle Service Bulletin No. 1059, dated January 21, 1999. (3) Replace the rudder cable pulleys with new Prior to further flight after the inspection ...... In accordance with Eagle Service Bulletin No. rudder cable pulleys, part numbers 1076, Revision 2, dated December 14, MS20220–1 and MS20220–2, change pulley 1999. attachment, and reduce cable tension. (4) Do not install any rudder cable pulleys that As of June 29, 2001 (the effective date of this Not applicable. are not part numbers MS20220–1 and AD). MS20220–2 (with all associated hardware).
(e) Can I comply with this AD in any other may add comments and then send it to the this AD is affected, the owner/operator must way? You may use an alternative method of Manager, Los Angeles ACO. request approval for an alternative method of compliance or adjust the compliance time if: Note 1: This AD applies to each airplane compliance in accordance with paragraph (e) (1) Your alternative method of compliance identified in paragraph (a) of this AD, of this AD. The request should include an provides an equivalent level of safety; and regardless of whether it has been modified, assessment of the effect of the modification, (2) The Manager, Los Angeles Aircraft altered, or repaired in the area subject to the alteration, or repair on the unsafe condition Certification Office (ACO), approves your requirements of this AD. For airplanes that addressed by this AD; and, if you have not alternative. Submit your request through an have been modified, altered, or repaired so eliminated the unsafe condition, specific FAA Principal Maintenance Inspector, who that the performance of the requirements of actions you propose to address it.
VerDate 11
(f) Where can I get information about any currently requires repetitive inspections proposed to continue to require already-approved alternative methods of to detect cracking in the radii on the repetitive inspections to detect cracking compliance? Contact Fredrick A. Guerin, support angles on the lower jamb (latch in the radii on the support angles on the Aerospace Engineer, FAA, Los Angeles lug fittings) of the main deck cargo door, lower jamb (latch lug fittings) of the Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712; and replacement of cracked parts. This main deck cargo door, and replacement telephone: (562) 627–5232; facsimile: (562) amendment adds a requirement for of cracked parts. That action also adds 627–5210. installation of redesigned lower jamb a requirement for installation of (g) What if I need to fly the airplane to latch support angles in the main cargo redesigned lower jamb latch support another location to comply with this AD? The door surround structure, which would angles in the main cargo door surround FAA can issue a special flight permit under terminate the repetitive inspections. structure, which would terminate the sections 21.197 and 21.199 of the Federal This amendment is prompted by the repetitive inspections. Aviation Regulations (14 CFR 21.197 and development of a modification that will Comments 21.199) to operate your airplane to a location provide better protection of the subject where you can accomplish the requirements area against effects of structural fatigue. Interested persons have been afforded of this AD. an opportunity to participate in the (h) Are any service bulletins incorporated The actions specified by this AD are into this AD by reference? Actions required intended to prevent in-flight separation making of this amendment. Due by this AD must be done in accordance with of the main deck cargo door from the consideration has been given to the Eagle Service Bulletin No. 1059, dated airplane due to fatigue cracking on the comments received. Two commenters January 21, 1999, and Eagle Service Bulletin support angles on the lower door jamb. state that the airplanes they operate No. 1076, Rev. 2, dated December 14, 1999. DATES: Effective June 14, 2001. would not be affected by the proposed The Director of the Federal Register approved The incorporation by reference of rule. this incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51. You can get Pemco Service Bulletin 737–53–0003, Include Additional Service Information Revision 4, dated February 22, 1995; copies from Eagle Aircraft Pty. Ltd., Lot 700 One commenter asks that Pemco and Pemco Service Bulletin 737–53– Cockburn Road, Henderson WA 6166 Service Bulletin 737–53–0005, dated Australia. You can look at copies at the FAA, 0003, Revision 5, dated March 25, 1999; November 18, 1997, which specifies Central Region, Office of the Regional as listed in the regulations, is approved alignment of the door latch base and Counsel, 901 Locust, Room 506, Kansas City, by the Director of the Federal Register frames, be included as an alternative Missouri, or at the Office of the Federal as of June 14, 2001. method of compliance in paragraph Register, 800 North Capitol Street, NW., suite The incorporation by reference of (c)(1) of the proposed rule. The 700, Washington, DC. Pemco Alert Service Letter 737–53– (i) When does this amendment become commenter also asks that the actions 0003, Revision 3, dated December 22, effective? This amendment becomes effective specified in that service bulletin be 1994, as listed in the regulations, was on June 29, 2001. added to the proposed rule as approved previously by the Director of Note 2: The subject of this AD is addressed terminating action for the requirements the Federal Register as of January 24, in Australian AD Number X–TS/2, effective of AD 95–01–06 R1 (above). The 1995 (60 FR 2323, January 9, 1995). December 24, 2000. commenter states that its fleet was ADDRESSES: The service information modified per the service bulletin Issued in Kansas City, Missouri, on May 1, referenced in this AD may be obtained 2001. referenced in the proposed rule, but one from Pemco Aeroplex, Inc., P.O. Box James E. Jackson, airplane was misaligned between the 2287, Birmingham, Alabama 35201– door latch base and fuselage framing at Acting Manager, Small Airplane Directorate, 2287. This information may be Aircraft Certification Service. FS 490.8. The commenter accomplished examined at the Federal Aviation the alignment specified in service [FR Doc. 01–11457 Filed 5–9–01; 8:45 am] Administration (FAA), Transport BILLING CODE 4910–13–P bulletin 737–53–0005. Airplane Directorate, Rules Docket, The FAA does not concur with the 1601 Lind Avenue, SW., Renton, commenter’s requests. The FAA does Washington; or at the FAA, Atlanta DEPARTMENT OF TRANSPORTATION not find it necessary to revise this AD Aircraft Certification Office, One Crown to include special instructions for Federal Aviation Administration Center, 1895 Phoenix Boulevard, suite airplanes modified with another service 450, Atlanta, Georgia; or at the Office of bulletin. Operators should note that 14 CFR Part 39 the Federal Register, 800 North Capitol most AD actions address modifications Street, NW., suite 700, Washington, DC. affecting the subject area of the AD [Docket No. 99–NM–85–AD; Amendment FOR FURTHER INFORMATION CONTACT: 39–12222; AD 2001–09–15] using the note that appears as Note 1 of William Culler, Airframe and this AD, which states, ‘‘For airplanes RIN 2120–AA64 Propulsion Branch, ACE–117A, FAA, that have been modified, altered, or Atlanta Aircraft Certification Office, repaired so that the performance of the Airworthiness Directives; Boeing One Crown Center, 1895 Phoenix requirements of this AD is affected, the Model 737–200 and –300 Series Boulevard, suite 450, Atlanta, Georgia owner/operator must request approval Airplanes Equipped with Cargo Doors 30337–2748; telephone (770) 703–6084; for an alternative method of compliance Installed in Accordance With fax (770) 703–6097. (AMOC) in accordance with paragraph Supplemental Type Certificate (STC) SUPPLEMENTARY INFORMATION: A (c)(1) of this AD.’’ The AMOC letter SA2969SO proposal to amend part 39 of the Federal would be issued to the operator by the AGENCY: Federal Aviation Aviation Regulations (14 CFR part 39) appropriate office, as stated in Administration, DOT. by superseding AD 95–01–06 R1, paragraph (c)(1). ACTION: Final rule. amendment 39–9449 (60 FR 62192, Additionally, the service bulletin December 5, 1995), which is applicable referenced in the final rule specifies SUMMARY: This amendment supersedes to certain Boeing Model 737–200 and installation of redesigned lower jamb an existing airworthiness directive (AD), –300 series airplanes, was published in latch support angles in the main cargo applicable to certain Boeing Model 737– the Federal Register on November 22, door surround structure, which would 200 and –300 series airplanes, that 1999 (64 FR 63757). The action terminate the repetitive inspections.
VerDate 11
Modification of the door latch base for For the reasons discussed above, I Compliance: Required as indicated, unless better alignment is a separate issue that certify that this action (1) is not a accomplished previously. was not addressed in the proposed rule, ‘‘significant regulatory action’’ under To prevent in-flight separation of the main deck cargo door from the airplane, and would not meet the requirements Executive Order 12866; (2) is not a accomplish the following: for the terminating action. No change to ‘‘significant rule’’ under DOT Note 2: This AD references Pemco Alert the final rule is necessary in this regard. Regulatory Policies and Procedures (44 Service Letter 737–53–0003, Revision 3, FR 11034, February 26, 1979); and (3) Conclusion dated December 22, 1994; Pemco Service will not have a significant economic Bulletin 737–53–0003, Revision 4, dated After careful review of the available impact, positive or negative, on a February 22, 1995; and Pemco Service data, including the comments noted substantial number of small entities Bulletin 737–53–0003, Revision 5, dated above, the FAA has determined that air under the criteria of the Regulatory March 25, 1999; for information concerning safety and the public interest require the Flexibility Act. A final evaluation has inspection and replacement procedures. In adoption of the rule as proposed. been prepared for this action and it is addition, this AD specifies replacement requirements different from those included contained in the Rules Docket. A copy Cost Impact in the service letter or service bulletin. Where of it may be obtained from the Rules there are differences between the AD and the There are approximately 32 airplanes Docket at the location provided under service letter or service bulletin, the AD of the affected design in the worldwide the caption ADDRESSES. prevails. fleet. The FAA estimates that 2 List of Subjects in 14 CFR Part 39 airplanes of U.S. registry will be affected Restatement of Requirements AD 95–01–06 by this AD. Air transportation, Aircraft, Aviation R1 The inspection that is currently safety, Incorporation by reference, Repetitive Inspections required by AD 95–01–06 R1, and Safety. (a) Within 50 flight cycles after January 24, retained in this AD, takes approximately Adoption of the Amendment 1995 (the effective date of AD 95–01–06, 8 work hours per airplane to amendment 39–9117), or within 50 flight accomplish, at an average labor rate of Accordingly, pursuant to the cycles after installation of STC SA2969SO, $60 per work hour. Based on these authority delegated to me by the whichever occurs later, perform a detailed visual inspection to detect cracking in the figures, the cost impact of the currently Administrator, the Federal Aviation radii on the support angles on the lower jamb required actions on U.S. operators is Administration amends part 39 of the of the main deck cargo door, in accordance estimated to be $480 per airplane, per Federal Aviation Regulations (14 CFR with Pemco Alert Service Letter 737–53– inspection cycle. part 39) as follows: 0003, Revision 3, dated December 22, 1994. The new installation that is required (1) If no cracking is detected, repeat the by this AD takes approximately 500 PART 39—AIRWORTHINESS detailed visual inspection thereafter at work hours per airplane to accomplish, DIRECTIVES intervals not to exceed 450 flight cycles. (2) If any cracking is detected, prior to at an average labor rate of $60 per work 1. The authority citation for part 39 further flight, replace the cracked part with hour. Required parts will cost continues to read as follows: a new part in accordance with the alert approximately $9,700 per airplane. service letter. Repeat the detailed visual Based on these figures, the cost impact Authority: 49 U.S.C. 106(g), 40113, 44701. inspection thereafter at intervals not to of the requirements of this AD on U.S. § 39.13 [Amended] exceed 450 flight cycles. operators is estimated to be $79,400, or Note 3: For the purposes of this AD, a $39,700 per airplane. 2. Section 39.13 is amended by detailed visual inspection is defined as: ‘‘An The cost impact figures discussed removing amendment 39–9449 (60 FR intensive visual examination of a specific above are based on assumptions that no 62192, December 5, 1995), and by structural area, system, installation, or operator has yet accomplished any of adding a new airworthiness directive assembly to detect damage, failure, or irregularity. Available lighting is normally the requirements of this AD action, and (AD), amendment 39–12222, to read as follows: supplemented with a direct source of good that no operator would accomplish lighting at intensity deemed appropriate by those actions in the future if this AD 2001–09–15 Boeing: Amendment 39–12222. the inspector. Inspection aids such as mirror, were not adopted. The cost impact Docket 99-NM–85-AD. Supersedes AD magnifying lenses, etc., may be used. Surface figures discussed in AD rulemaking 95–01–06 R1, Amendment 39–9449. cleaning and elaborate access procedures actions represent only the time Applicability: Model 737–200 and -300 may be required.’’ series airplanes equipped with main deck necessary to perform the specific actions New Requirements of This AD actually required by the AD. These cargo doors installed in accordance with figures typically do not include supplemental type certificate (STC) Terminating Action SA2969SO, certificated in any category. incidental costs, such as the time (b) Within 1,500 flight cycles after the required to gain access and close up, Note 1: This AD applies to each airplane effective date of this AD, install redesigned identified in the preceding applicability lower jamb latch lug support angles in the planning time, or time necessitated by provision, regardless of whether it has been other administrative actions. main cargo door surround structure in modified, altered, or repaired in the area accordance with Pemco Service Bulletin Regulatory Impact subject to the requirements of this AD. For 737–53–0003, Revision 4, dated February 22, airplanes that have been modified, altered, or 1995, or Revision 5, dated March 25, 1999. The regulations adopted herein will repaired so that the performance of the This action constitutes terminating action for not have a substantial direct effect on requirements of this AD is affected, the the requirements of this AD. the States, on the relationship between owner/operator must request approval for an Alternative Methods of Compliance the national Government and the States, alternative method of compliance in or on the distribution of power and accordance with paragraph (c)(1) of this AD. (c)(1) An alternative method of compliance The request should include an assessment of responsibilities among the various or adjustment of the compliance time that the effect of the modification, alteration, or provides an acceptable level of safety may be levels of government. Therefore, it is repair on the unsafe condition addressed by used if approved by the Manager, Atlanta determined that this final rule does not this AD; and, if the unsafe condition has not Aircraft Certification Office (ACO), FAA. have federalism implications under been eliminated, the request should include Operators shall submit their requests through Executive Order 13132. specific proposed actions to address it. an appropriate FAA Principal Maintenance
VerDate 11
Inspector, who may add comments and then DEPARTMENT OF TRANSPORTATION Industrie, 1 Rond Point Maurice send it to the Manager, Atlanta ACO. Bellonte, 31707 Blagnac Cedex, France. (2) Alternative methods of compliance, Federal Aviation Administration This information may be examined at approved previously in accordance with AD the FAA, Transport Airplane 95–01–06 R1, amendment 39–9449, are 14 CFR Part 39 Directorate, 1601 Lind Avenue, SW., approved as alternative methods of [Docket No. 2000–NM–389–AD; Amendment Renton, Washington; or at the Office of compliance with paragraphs (a) and (b) of 39–12221; AD 2001–09–14] the Federal Register, 800 North Capitol this AD. Street, NW., suite 700, Washington, DC. RIN 2120–AA64 Note 4: Information concerning the FOR FURTHER INFORMATION CONTACT: Tim existence of approved alternative methods of Airworthiness Directives; Airbus Model Backman, Aerospace Engineer, compliance with this AD, if any, may be A330–243, –341, –342, and –343 Series International Branch, ANM–116, FAA, obtained from the Atlanta ACO. Airplanes Equipped With Rolls Royce Transport Airplane Directorate, 1601 Special Flight Permits Trent 700 Series Engines Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 227–2797; (d) Special flight permits may be issued in AGENCY: Federal Aviation fax (425) 227–1149. accordance with sections 21.197 and 21.199 Administration, DOT. SUPPLEMENTARY INFORMATION: The of the Federal Aviation Regulations (14 CFR ACTION: Final rule; request for Direction Ge´ne´rale de l’Aviation Civile 21.197 and 21.199) to operate the airplane to comments. a location where the requirements of this AD (DGAC), which is the airworthiness can be accomplished. SUMMARY: This amendment adopts a authority for France, notified the FAA new airworthiness directive (AD) that is that an unsafe condition may exist on Incorporation by Reference applicable to Airbus Model A330–243, Airbus Model A330–243, –341, –342, (e) The actions shall be done in accordance –341, –342, and –343 series airplanes and –343 series airplanes equipped with with Pemco Alert Service Letter 737–53– equipped with Rolls Royce Trent 700 Rolls Royce Trent 700 series engines. 0003, Revision 3, dated December 22, 1994; series engines. This action requires The DGAC advises that, during flight Pemco Service Bulletin 737–53–0003, repetitive inspections of certain tests, unexpectedly high fatigue loads Revision 4, dated February 22, 1995, or components, and corrective action, if were measured on the hinges integrated Pemco Service Bulletin 737–53–0003, necessary. This action is necessary to on the 12 o’clock beam which forms the Revision 5, dated March 25, 1999; as detect and correct fatigue cracking of the upper edge of the thrust reverser C-duct. applicable. hinge assemblies and the 12 o’clock The hinges are unable to withstand (1) The incorporation by reference of beam structure of the thrust reverser C- these high fatigue loads for the design Pemco Service Bulletin 737–53–0003, duct, which could cause failure of the life of the airplane. Resulting fatigue Revision 4, dated February 22, 1995; and thrust reverser hinge, resulting in cracks, if not detected and corrected, Pemco Service Bulletin 737–53–0003, separation of the thrust reverser from could cause failure of the thrust reverser Revision 5, dated March 25, 1999; is the airplane. This action is intended to hinge, which could result in separation approved by the Director of the Federal address the identified unsafe condition. of the thrust reverser from the airplane. Register in accordance with 5 U.S.C. 552(a) DATES: Effective May 25, 2001. and 1 CFR part 51. Explanation of Relevant Service The incorporation by reference of Information (2) The incorporation by reference of certain publications listed in the Pemco Alert Service Letter 737–53–0003, regulations is approved by the Director Airbus has issued Service Bulletin Revision 3, dated December 22, 1994, was of the Federal Register as of May 25, A330–78–3006, Revision 05, dated approved previously by the Director of the 2001. March 6, 2001, which describes Federal Register as of January 24, 1995 (60 FR Comments for inclusion in the Rules procedures for a general visual 2323, January 9, 1995). Docket must be received on or before inspection of the hinge assemblies and (3) Copies may be obtained from Pemco June 11, 2001. the beam structure of the upper extreme Aeroplex, Inc., P.O. Box 2287, Birmingham, ADDRESSES: Submit comments in edge of the thrust reverser unit C-duct Alabama 35201–2287. Copies may be triplicate to the Federal Aviation for cracks, and corrective action, if inspected at the FAA, Transport Airplane Administration (FAA), Transport necessary; a detailed visual inspection, Directorate, 1601 Lind Avenue, SW., Renton, Airplane Directorate, ANM–114, if applicable, of hinges 2, 3, 4, and 5 in Washington; or at the FAA, Atlanta ACO, Attention: Rules Docket No. 2000–NM– the same area for cracks, and corrective One Crown Center, 1895 Phoenix Boulevard, 389–AD, 1601 Lind Avenue, SW., action, if necessary; and repetitions of suite 450, Atlanta, Georgia; or at the Office Renton, Washington 98055–4056. these inspections, as applicable, at of the Federal Register, 800 North Capitol Comments may be inspected at this applicable intervals. Accomplishment of Street, NW., suite 700, Washington, DC. location between 9 a.m. and 3 p.m., the actions specified in the service Effective Date Monday through Friday, except Federal bulletin is intended to adequately (f) This amendment becomes effective on holidays. Comments may be submitted address the identified unsafe condition. June 14, 2001. via fax to (425) 227–1232. Comments The DGAC classified this service may also be sent via the Internet using bulletin as mandatory and issued Issued in Renton, Washington, on May 1, the following address: 9-anm- French airworthiness directive 1997– 2001. [email protected]. Comments sent 118–047(B) R2, dated September 20, Donald L. Riggin, via fax or the Internet must contain 2000, in order to assure the continued Acting Manager, Transport Airplane ‘‘Docket No. 2000–NM–389–AD’’ in the airworthiness of these airplanes in Directorate, Aircraft Certification Service. subject line and need not be submitted France. [FR Doc. 01–11455 Filed 5–9–01; 8:45 am] in triplicate. Comments sent via the Airbus Service Bulletin A330–78– BILLING CODE 4910–13–P Internet as attached electronic files must 3006, Revision 05, dated March 6, 2001, be formatted in Microsoft Word 97 for references Rolls Royce Service Bulletin Windows or ASCII text. RB.211–78–B115, Revision 2, dated The service information referenced in October 29, 1999, as an additional this AD may be obtained from Airbus source of service information for
VerDate 11
accomplishment of the inspections and burden on any person. Therefore, prior responsibilities among the various corrective actions. notice and public procedures hereon are levels of government. Therefore, it is unnecessary and the amendment may be determined that this final rule does not FAA’s Conclusions made effective in less than 30 days after have federalism implications under These airplane models are publication in the Federal Register. Executive Order 13132. manufactured in France and are type For the reasons discussed above, I Comments Invited certificated for operation in the United certify that this action (1) is not a States under the provisions of section Although this action is in the form of ‘‘significant regulatory action’’ under 21.29 of the Federal Aviation a final rule and was not preceded by Executive Order 12866; (2) is not a Regulations (14 CFR 21.19) and the notice and opportunity for public ‘‘significant rule’’ under DOT applicable bilateral airworthiness comment, comments are invited on this Regulatory Policies and Procedures (44 agreement. Pursuant to this bilateral rule. Interested persons are invited to FR 11034, February 26, 1979); and (3) airworthiness agreement, the DGAC has comment on this rule by submitting will not have a significant economic kept the FAA informed of the situation such written data, views, or arguments impact, positive or negative, on a described above. The FAA has as they may desire. Communications substantial number of small entities examined the findings of the DGAC, shall identify the Rules Docket number under the criteria of the Regulatory reviewed all available information, and and be submitted in triplicate to the Flexibility Act. A final evaluation has determined that AD action is necessary address specified under the caption been prepared for this action and it is for products of this type design that are ADDRESSES. All communications contained in the Rules Docket. A copy certificated for operation in the United received on or before the closing date of it may be obtained from the Rules States. for comments will be considered, and Docket at the location provided under this rule may be amended in light of the Explanation of Requirements of the the caption ADDRESSES. comments received. Factual information Rule that supports the commenter’s ideas and List of Subjects in 14 CFR Part 39 Since an unsafe condition has been suggestions is extremely helpful in Air transportation, Aircraft, Aviation identified that is likely to exist or evaluating the effectiveness of the AD safety, Incorporation by reference, develop on other airplanes of the same action and determining whether Safety. type design that may be registered in the additional rulemaking action would be United States at some time in the future, needed. Adoption of the Amendment this AD is being issued to detect and Submit comments using the following Accordingly, pursuant to the correct fatigue cracking of the hinge format: • authority delegated to me by the assemblies and the 12 o’clock beam Organize comments issue-by-issue. Administrator, the Federal Aviation structure of the thrust reverser C-duct, For example, discuss a request to Administration amends part 39 of the which could cause failure of the thrust change the compliance time and a Federal Aviation Regulations (14 CFR reverser hinge, resulting in separation of request to change the service bulletin part 39) as follows: the thrust reverser from the airplane. reference as two separate issues. This AD requires accomplishment of the • For each issue, state what specific PART 39—AIRWORTHINESS actions specified in the Airbus service change to the proposed AD is being DIRECTIVES bulletin described previously. requested. • Include justification (e.g., reasons or 1. The authority citation for part 39 Cost Impact data) for each request. continues to read as follows: None of the airplanes affected by this Comments are specifically invited on Authority: 49 U.S.C. 106(g), 40113, 44701. action are on the U.S. Register. All the overall regulatory, economic, airplanes included in the applicability environmental, and energy aspects of § 39.13 [Amended] of this rule currently are operated by the rule that might suggest a need to 2. Section 39.13 is amended by non-U.S. operators under foreign modify the rule. All comments adding the following new airworthiness registry; therefore, they are not directly submitted will be available, both before directive: affected by this AD action. However, the and after the closing date for comments, FAA considers that this rule is in the Rules Docket for examination by 2001–09–14 Airbus Industrie: Amendment 39–12221. Docket 2000–NM–389–AD. necessary to ensure that the unsafe interested persons. A report that condition is addressed in the event that summarizes each FAA-public contact Applicability: Model A330–243, –341, –342 and –343 series airplanes; certificated any of these subject airplanes are concerned with the substance of this AD in any category; that are equipped with Rolls imported and placed on the U.S. will be filed in the Rules Docket. Royce Trent 700 series engines. Commenters wishing the FAA to Register in the future. Note 1: This AD applies to each airplane Should an affected airplane be acknowledge receipt of their comments identified in the preceding applicability imported and placed on the U.S. submitted in response to this rule must provision, regardless of whether it has been Register in the future, it would require submit a self-addressed, stamped modified, altered, or repaired in the area approximately 5 work hours to postcard on which the following subject to the requirements of this AD. For accomplish the required inspections, at statement is made: ‘‘Comments to airplanes that have been modified, altered, or an average labor rate of $60 per work Docket Number 2000–NM–389–AD.’’ repaired so that the performance of the hour. Based on these figures, the cost The postcard will be date stamped and requirements of this AD is affected, the impact of this AD would be $300 per returned to the commenter. owner/operator must request approval for an alternative method of compliance in airplane, per inspection cycle. Regulatory Impact accordance with paragraph (b) of this AD. Determination of Rule’s Effective Date The request should include an assessment of The regulations adopted herein will the effect of the modification, alteration, or Since this AD action does not affect not have a substantial direct effect on repair on the unsafe condition addressed by any airplane that is currently on the the States, on the relationship between this AD; and, if the unsafe condition has not U.S. register, it has no adverse economic the national Government and the States, been eliminated, the request should include impact and imposes no additional or on the distribution of power and specific proposed actions to address it.
VerDate 11
Compliance: Required as indicated, unless according to the schedule in Table 2 of this the Director of the Federal Register in accomplished previously. AD, below: accordance with 5 U.S.C. 552(a) and 1 CFR To detect and correct fatigue cracking of part 51. Copies may be obtained from Airbus the hinge assemblies and the 12 o’clock beam TABLE 2.—REPETITIVE INSPECTIONS Industrie, 1 Rond Point Maurice Bellonte, structure of the thrust reverser C-duct, which 31707 Blagnac Cedex, France. Copies may be could cause failure of the thrust reverser Then repeat the in- inspected at the FAA, Transport Airplane hinge, resulting in separation of the thrust If— spection at intervals Directorate, 1601 Lind Avenue, SW., Renton, reverser from the airplane, accomplish the not to exceed— Washington; or at the Office of the Federal following: Register, 800 North Capitol Street, NW., suite Neither Airbus Modi- 1,200 flight cycles. 700, Washington, DC. Initial and Repetitive Inspections fication 46879 nor Note 5: The subject of this AD is addressed (a) Perform a general visual inspection of 47358 has been in French airworthiness directive 1997–118– the hinge assemblies and the 12 o’clock beam embodied on the 047(B) R2, dated September 20, 2000. structure of the right and left thrust reversers airplane. for cracks, in accordance with Airbus Service Either Airbus Modi- 2,000 flight cycles. Effective Date Bulletin A330–78–3006, Revision 05, dated fication 46879 or March 6, 2001, according to the criteria in (e) This amendment becomes effective on 47358 has been May 25, 2001. Table 1 of this AD, below: embodied on the airplane. Issued in Renton, Washington, on April 30, TABLE 1—INITIAL INSPECTION 2001. Note 2: For the purposes of this AD, a Donald L. Riggin, If— Then inspect— general visual inspection is defined as: ‘‘A Acting Manager, Transport Airplane visual examination of an interior or exterior Directorate, Aircraft Certification Service. Neither Airbus Modi- Before the accumula- area, installation, or assembly to detect fication 46879 nor tion of 1,200 total obvious damage, failure, or irregularity. This [FR Doc. 01–11223 Filed 5–9–01; 8:45 am] 47358 has been flight cycles, or level of inspection is made under normally BILLING CODE 4910–13–P embodied on the within 6 months available lighting conditions such as airplane. after the effective daylight, hangar lighting, flashlight, or drop- date of this AD, light, and may require removal or opening of DEPARTMENT OF TRANSPORTATION whichever occurs access panels or doors. Stands, ladders, or first. platforms may be required to gain proximity Federal Aviation Administration Either Airbus Modi- Before the accumula- to the area being checked.’’ fication 46879 or tion of 2,000 total 47358 have been flight cycles, or 6 Note 3: For the purposes of this AD, a 14 CFR Part 39 detailed visual inspection is defined as: ‘‘An embodied on the months after the ef- [Docket No. 99–NM–164–AD; Amendment intensive visual examination of a specific airplane. fective date of this 39–12225; AD 2001–09–18] AD, whichever oc- structural area, system, installation, or curs first. assembly to detect damage, failure, or RIN 2120–AA64 irregularity. Available lighting is normally supplemented with a direct source of good (1) If no crack is found during the general Airworthiness Directives; McDonnell lighting at intensity deemed appropriate by visual inspection required by paragraph (a) of Douglas Model DC–9–80 Series the inspector. Inspection aids such as a this AD, before further flight, perform a Airplanes and Model MD–88 Airplanes mirror, magnifying lenses, etc., may be used. detailed visual inspection of the lugs of Surface cleaning and elaborate access hinges 2, 3, 4, and 5 of the right and left AGENCY: Federal Aviation procedures may be required.’’ thrust reversers for cracks in accordance with Administration, DOT. Airbus Service Bulletin A330–78–3006, Alternative Methods of Compliance ACTION: Final rule. Revision 05, dated March 6, 2001. (b) An alternative method of compliance or (i) If no crack is found as a result of the SUMMARY: This amendment supersedes adjustment of the compliance time that detailed visual inspection mandated by an existing airworthiness directive (AD), paragraph (a)(1) of this AD, repeat the general provides an acceptable level of safety may be used if approved by the Manager, applicable to certain McDonnell visual inspection mandated by paragraph (a) Douglas Model DC–9–80 series of this AD according to the schedule in Table International Branch, ANM–116, Transport 2 of this AD. Airplane Directorate, FAA. Operators shall airplanes and Model MD–88 airplanes, (ii) If a crack is found as a result of the submit their requests through an appropriate that currently requires a one-time detailed visual inspection mandated by FAA Principal Maintenance Inspector, who inspection to detect cracking of the paragraph (a)(1) of this AD: may add comments and then send it to the main landing gear (MLG) pistons, and (A) Before further flight, replace the Manager, International Branch, ANM–116. repair or replacement of the pistons affected thrust reverser with a new or Note 4: Information concerning the with new or serviceable parts, if serviceable thrust reverser in accordance existence of approved alternative methods of necessary. This amendment requires, with Airbus Service Bulletin A330–78–3006, compliance with this AD, if any, may be among other actions, repetitive dye Revision 05, dated March 6, 2001. obtained from the International Branch, (B) Repeat the general visual inspection ANM–116. penetrant and magnetic particle mandated in paragraph (a) of this AD inspections to detect cracks of the MLG according to the schedule in Table 2 of this Special Flight Permits pistons; repair and replacement of AD. (c) Special flight permits may be issued in discrepant parts; and installation of a (2) If a crack is found during the general accordance with sections 21.197 and 21.199 preventative modification; as visual inspection required by paragraph (a) of of the Federal Aviation Regulations (14 CFR applicable. This amendment also this AD, accomplish the actions required by 21.197 and 21.199) to operate the airplane to provides for an optional terminating paragraphs (a)(2)(i) and (a)(2)(ii) of this AD. a location where the requirements of this AD action for certain MLG pistons. This (i) Before further flight, replace the affected can be accomplished. amendment is prompted by additional thrust reverser with a new or serviceable thrust reverser in accordance with Airbus Incorporation by Reference reports of failure of the MLG pistons Service Bulletin A330–78–3006, Revision 05, (d) The actions shall be done in accordance during towing of the airplanes. The dated March 6, 2001. with Airbus Service Bulletin A330–78–3006, actions specified by this AD are (ii) Repeat the general visual inspection Revision 05, dated March 6, 2001. This intended to prevent fatigue cracking of mandated in paragraph (a) of this AD incorporation by reference was approved by the MLG pistons, which could result in
VerDate 11
failure of the pistons and subsequent previous revisions of the referenced (c)(1) of this AD, and with the damage to the airplane structure or service bulletin or dispositions from the replacement requirements of paragraphs injury to airplane occupants. manufacturer that occurred prior to the (c)(2) and (d)(1) of this AD. Therefore, DATES: Effective June 14, 2001. effective date of the AD comply with the we have included new notes in the final The incorporation by reference of AD.’’ rule to clarify this point. With the certain publications listed in the The FAA partially agrees. We do not inclusion of these new notes, we find regulations is approved by the Director agree to include the sentence suggested that the applicability of paragraph of the Federal Register as of June 14, by the commenter. However, as (e)(2)(i) of the final rule does not need 2001. discussed below, we have included new to be changed. We also find that a notes in the final rule to give operators revision to the Discussion section, as ADDRESSES: The service information credit for accomplishing the suggested by the commenter, is not referenced in this AD may be obtained preventative modification before the necessary because that section does not from Boeing Commercial Aircraft effective date of this AD. reappear in the final rule. Group, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, Request To Give Credit for Preventative Request To Include Reidentified Part California 90846, Attention: Data and Modifications Accomplished Previously Number Service Management, Dept. C1–L5A One commenter requests that Two commenters request that (D800–0024). This information may be operators be given credit for paragraph (e) of the proposed AD also examined at the Federal Aviation accomplishing the preventative reference the part number (P/N) for Administration (FAA), Transport modification per the original version, or MLG pistons that were modified and Airplane Directorate, Rules Docket, Revisions 01 through 03 of McDonnell reidentified as P/N SR09320081–3 1601 Lind Avenue, SW., Renton, Douglas Service Bulletin MD80–32–277, through SR09320081–13 inclusive, Washington; or at the FAA, Los Angeles or procedures developed and analyzed depending on its corresponding original Aircraft Certification Office, 3960 by Boeing and approved by the FAA identity. One of the commenters states Paramount Boulevard, Lakewood, before the effective date of the AD. The that it tracks the MLG pistons by the California; or at the Office of the Federal commenter notes that Revision 04 of applicable ‘‘SR’’ part number, which are Register, 800 North Capitol Street, NW., Service Bulletin MD80–32–277 listed in McDonnell Douglas Service suite 700, Washington, DC. (referenced as the appropriate source of Bulletin MD80–32–277, Revisions 01 FOR FURTHER INFORMATION CONTACT: service information for the requirements through 04. Brent Bandley, Aerospace Engineer, of this AD) contains procedures for wet The FAA agrees that the affected MLG Airframe Branch, ANM–120L, FAA, Los grinding and flap shot peening, which piston, P/N 5935347–1 through Angeles Aircraft Certification Office, were not recommended in the previous 5935347–509 inclusive, identified in 3960 Paramount Boulevard, Lakewood, revisions of the service bulletin. paragraph (e) of the AD, have been California 90712; telephone (310) 627– Two other commenters request that modified and reidentified as P/N 5237; fax (310) 627–5210. the applicability of paragraph (e)(2)(i) of SR09320081–3 through SR09320081–13 SUPPLEMENTARY INFORMATION: A the proposed AD include any MLG inclusive. We have revised paragraph (e) proposal to amend part 39 of the Federal piston modified before the effective date of the final rule to clarify this point. of the AD per the original version, or Aviation Regulations (14 CFR part 39) Request For Clarification of by superseding AD 96–19–09, Revisions 01 through 03 of McDonnell Douglas Service Bulletin MD80–32–277, Applicability of Paragraph (e)(2)(ii) of amendment 39–9756 (61 FR 48617, the Proposed AD September 16, 1996), which is or Service Rework Drawing applicable to certain McDonnell SR08320081. The applicability of paragraph Douglas Model DC–9–80 series One of the commenters notes that one (e)(2)(ii) of the proposed AD reads ‘‘For airplanes and Model MD–88 airplanes of the paragraphs in the Discussion any MLG piston that has been modified series airplanes, was published in the section of the proposed AD states prior to the effective date of this AD.’’ Federal Register on October 4, 2000 (65 ‘‘Operators should note that, although One commenter interprets this to mean FR 59146). The action proposed to the service bulletin specifies that the pistons modified prior to December 7, require, among other actions, repetitive manufacturer may be contacted for 1999 (the issuance date of Revision 04 dye penetrant and magnetic particle disposition of certain repair conditions, of McDonnell Douglas Service Bulletin inspections to detect cracks of the main this proposal would require the repair of MD80–32–277). The commenter states landing gear (MLG) pistons; repair and those conditions to be accomplished per that it is reasonable to assume that some replacement of discrepant parts; and a method approved by the FAA. The pistons may have been modified by installation of a preventative commenter requests that it be revised to Revision 04 of the referenced service modification; as applicable. The action ‘‘* * * certain repair conditions, for all bulletin since its issuance in December also proposed an optional terminating repairs performed after the effective date 1999. action for certain MLG pistons. of this AD, this proposed AD ***.’’ From this comment, the FAA infers The FAA partially agrees. We find that the commenter is requesting that Comments Received that modification of any MLG piston or the applicability of paragraph (e)(2)(ii) Interested persons have been afforded replacement with a modified MLG per of the proposed AD be clarified. We an opportunity to participate in the the original version, and Revisions 1 agree that clarification is necessary. The making of this amendment. Due through 4 of the referenced service commenter is incorrect in its consideration has been given to the bulletin, Service Rework Drawing interpretation that the applicability of comments received. SR08320081, or any FAA-approved paragraph (e)(2)(ii) of the AD refers to preventative modification to MLG MLG pistons modified per Revision 04 Request To Revise Note 1 of the pistons, before the effective date of this of McDonnell Douglas Service Bulletin Proposed AD AD, is considered acceptable for MD80–32–277 prior to December 7, One commenter request that the compliance with the preventative 1999. Our intent was that paragraph following sentence be added to Note 1 modification requirements of (e)(2)(ii) of the AD be applicable to ‘‘For of the proposed AD: ‘‘Modification per paragraphs (a)(3), (b)(1)(iii), (b)(2), and any MLG piston that has been modified
VerDate 11
per service information other than the commenters states that the subject Request To Reference Correct Service Revision 04 of McDonnell Douglas compliance time of paragraph (f) of the Bulletin for Optional Terminating Service Bulletin MD80–32–277 and not proposed AD conflicts with paragraph Action inspected per Revision 04 of the service (a)(3) of the proposed AD, which Several commenters request that bulletin prior to the effective date of this requires the preventative modification paragraph (l) of the proposed AD be AD.’’ We have revised paragraph of certain MLG pistons (non-modified) revised to reference McDonnell Douglas (e)(2)(ii) of the final rule accordingly to that have accumulated 30,000 or more Service Bulletin MD80–32–309, which clarify this point. total landings to be done ‘‘within 2 was issued by Boeing on January 31, Requests To Give Credit for Repetitive years or 5,000 landings on the MLG 2000, instead of McDonnell Douglas Inspections Since Modification piston after the effective date of this Service Bulletin MD80–32–277, Several commenters request that the AD.’’ In this scenario, the commenter Revision 04, dated December 7, 1999. FAA give credit to operators that are contends that a non-modified piston has One commenter states that Service doing repetitive inspections every 2,500 an extended service allowance and Bulletin MD80–32–277 does not landings since modification of the MLG modified pistons have been penalized. reference any configuration beyond part pistons per McDonnell Douglas Service Another commenter states that the number (P/N) 5935347–511 for replacement of prior configurations. The Bulletin MD80–32–277, Revision 04, proposed compliance time conflicts commenter also states that Service dated December 7, 1999, for the initial with the requirements of paragraphs Bulletin MD80–32–309 specifies that inspections required by paragraph (b)(1)(iii) and (e)(2) of the proposed AD. (e)(2)(ii) of the proposed AD and the MLG piston, P/N 5935347–517, is an Paragraph (b)(1)(iii) of the proposed AD approved configuration for closing repetitive inspections required by requires the preventative modification paragraph (f) of the proposed AD. Two action, and that it is an FAA-approved ‘‘prior to the accumulation of 30,000 or commenters also state that paragraph alternative method of compliance for more total landings on the MLG piston.’’ (h)(2) of the proposed AD has a similar both AD’s 96–19–09 and 99–13–07. requirement and request that paragraph Paragraph (e)(2) of the proposed AD The FAA agrees. We have reviewed (h)(2) of the proposed AD also be requires dye penetrant and magnetic McDonnell Douglas Service Bulletin revised. particle inspections for any MLG piston MD80–32–277, Revision 04, dated Another commenter states that, based that has accumulated less than 30,000 December 7, 1999, and acknowledge on its service history, any MLG piston landings since accomplishment of the that it does not describe procedures for that has been inspected every 2,500 modification. replacement of any MLG piston with a landings provides an equivalent level of It was the FAA’s intent that the MLG piston, P/N 5935347–517. The safety. The commenter has no objection replacement required by paragraph (f) of correct service information for to the proposed initial compliance time the proposed AD be accomplished accomplishing the replacement of within 1,500 landings or 12 months within 30,000 landing since specified in paragraph (l) of this AD is after the effective date of this AD for modification of the MLG. Therefore, we McDonnell Douglas Service Bulletin MLG pistons that have not been agree with the commenters to revise the MD80–32–309, dated January 31, 2000. inspected. compliance time of paragraph (f) of the We have revised paragraph (l) of the The FAA does not consider that a final rule from ‘‘prior to the final rule accordingly. change, as requested by the Operators should note that Service accumulation of 30,000 or more total commenters, to the final rule is Bulletin MD80–32–309 also describes landings on the MLG piston’’ to ‘‘within necessary. Operators are given credit for procedures for replacement of the MLG 30,000 landings since modification of work previously performed by means of piston due to cracking near the radius the MLG’’ and have revised the final the phrase in the ‘‘Compliance’’ section of the jackball fitting. However, this of the AD that states, ‘‘Required as rule accordingly. proposed AD does not address the indicated, unless accomplished Request To Revise Phrase ‘‘Since Date of actions associated with the jackball previously.’’ Therefore, in the case of Manufacture’’ fitting. We may consider issuing a paragraphs (f) and (h)(2) of this AD, if separate rulemaking action to supersede the required inspection has been One commenter requests that the AD 99–13–07. accomplished prior to the effective date phrase ‘‘since date of manufacture’’ be Request To Include Inspection of of this AD, this AD does not require that revised to ‘‘since date of installation’’ in Jackball Fitting it be repeated. However, this AD does paragraphs (h)(1), (h)(2), and (h)(3) of require that repetitive inspections be the proposed AD. The commenter states One commenter requests that the conducted thereafter at intervals not to that industry’s standard for tracking proposed AD require an inspection/ exceed 2,500 landings (if no cracking is safe-life landing gear components is rework of the aft torque link lug and detected, as specified in paragraphs (f) total landings accumulated from the inspection of the jackball fitting. The and (i) of the final rule), and that other date of installation, not the date of commenter provided no explanation for follow-on actions be accomplished manufacture. its request. The FAA does not agree. As when indicated. discussed above, the FAA may issue a The FAA does not agree. Because separate rulemaking action to address Request To Revise A Certain MLG pistons can be taken off airplanes any identified unsafe condition Compliance Time in Paragraph (f) of the and sold to other operators, there associated with the jackball fitting. Proposed AD potentially could be multiple Several commenters request that the installations. Operators may Question About How To Determine the compliance time of ‘‘prior to the misinterpret ‘‘date of installation’’ to Inspection Interval and Imposed Life accumulation of 30,000 or more total mean that every time a MLG piston is Limit landings on the MLG piston’’ specified installed, the number of landings One commenter asks how to in paragraph (f) of the proposed AD be returns to zero. Therefore, we find ‘‘date determine the inspection interval and changed to ‘‘within 30,000 landings of manufacture’’ (i.e., since new) to be the imposed life limit for MLG pistons since modification of the MLG.’’ One of the correct phrase. that were previously modified per
VerDate 11
McDonnell Douglas Service Bulletin Should an operator elect to 2001–09–18 McDonnell Douglas: MD80–32–277, when it cannot accomplish the optional terminating Amendment 39–12225. Docket 99–NM– determine the times and cycles action that is provided by this AD 164–AD. Supersedes AD 96–19–09, accumulated at the time of modification. action, it would take approximately 31 Amendment 39–9756. The FAA finds that, if the cycle count work hours per MLG piston to Applicability: Model DC–9–81 (MD–81), of the MLG piston cannot be determined accomplish it, at an average labor rate of DC–9–82 (MD–82), DC–9–83 (MD–83), and at the time of modification, operators DC–9–87 (MD–87) series airplanes; and $60 per work hour. The cost of required Model MD–88 airplanes; as listed in should work with an appropriate FAA parts would be approximately $107,070 McDonnell Douglas Service Bulletin MD80– Principal Maintenance Inspector (PMI), per MLG piston. Based on these figures, 32–277, Revision 04, dated December 7, the Manager of the Los Angeles Aircraft the cost impact of the optional 1999; certificated in any category. Certification Office (ACO), and the terminating action would be $108,930 Note 1: This AD applies to each airplane airplane manufacturer to resolve the per MLG piston. identified in the preceding applicability issue. provision, regardless of whether it has been Regulatory Impact modified, altered, or repaired in the area Conclusion The regulations adopted herein will subject to the requirements of this AD. For After careful review of the available not have a substantial direct effect on airplanes that have been modified, altered, or data, including the comments noted the States, on the relationship between repaired so that the performance of the requirements of this AD is affected, the above, the FAA has determined that air the national Government and the States, safety and the public interest require the owner/operator must request approval for an or on the distribution of power and alternative method of compliance in adoption of the rule with the changes responsibilities among the various accordance with paragraph (m)(1) of this AD. previously described. The FAA has levels of government. Therefore, it is The request should include an assessment of determined that these changes will determined that this final rule does not the effect of the modification, alteration, or neither increase the economic burden have federalism implications under repair on the unsafe condition addressed by on any operator nor increase the scope Executive Order 13132. this AD; and, if the unsafe condition has not of the AD. For the reasons discussed above, I been eliminated, the request should include specific proposed actions to address it. Cost Impact certify that this action (1) is not a ‘‘significant regulatory action’’ under Compliance: Required as indicated, unless There are approximately 1,200 Model Executive Order 12866; (2) is not a accomplished previously. DC–9–80 series airplanes and Model To prevent fatigue cracking of the main ‘‘significant rule’’ under DOT landing gear (MLG) pistons, which could MD–88 airplanes of the affected design Regulatory Policies and Procedures (44 in the worldwide fleet. The FAA result in failure of the pistons and FR 11034, February 26, 1979); and (3) subsequent damage to the airplane structure estimates that 700 airplanes of U.S. will not have a significant economic or injury to airplane occupants, accomplish registry will be affected by this AD. impact, positive or negative, on a the following: Should an operator be required to do substantial number of small entities the dye penetrant and magnetic particle For Airplanes on Which Certain Pistons under the criteria of the Regulatory Have Not Been Modified: Inspections inspections, it will take approximately 2 Flexibility Act. A final evaluation has work hours per MLG piston to (a) For airplanes on which any MLG been prepared for this action and it is piston, part number (P/N) 5935347–1 through accomplish the inspections, at an contained in the Rules Docket. A copy average labor rate of $60 per work hour. 5935347–509 inclusive, has NOT been of it may be obtained from the Rules modified: Do the actions specified in Based on these figures, the cost impact Docket at the location provided under paragraph (a)(1), (a)(2), or (a)(3) of this AD, of these inspections required by this AD the caption ADDRESSES. as applicable, per the Accomplishment on U.S. operators is estimated to be Instructions of McDonnell Douglas Service $120 per MLG piston. List of Subjects in 14 CFR Part 39 Bulletin MD80–32–277, Revision 04, dated Should an operator be required to do Air transportation, Aircraft, Aviation December 7, 1999. the preventative modification, it will safety, Incorporation by reference, (1) For any MLG piston that has accumulated less than 5,000 total landings take approximately 6 work hours per Safety. MLG piston to accomplish the since date of manufacture: Prior to the Adoption of the Amendment accumulation of 5,000 total landings on the inspections, at an average labor rate of MLG piston, or within 12 months after the $60 per work hour. Based on these Accordingly, pursuant to the effective date of this AD, whichever occurs figures, the cost impact of these authority delegated to me by the later, do dye penetrant and magnetic particle inspections required by this AD on U.S. Administrator, the Federal Aviation inspections to detect cracks of the MLG operators is estimated to be $360 per Administration amends part 39 of the pistons. MLG piston. (2) For any MLG piston that has Federal Aviation Regulations (14 CFR accumulated 5,000 or more total landings The cost impact figures discussed part 39) as follows: above are based on assumptions that no since date of manufacture, but less than operator has yet accomplished any of 30,000 total landings since date of PART 39—AIRWORTHINESS manufacture: Within 1,500 landings on the the requirements of this AD action, and DIRECTIVES MLG piston or 12 months after the effective that no operator would accomplish date of this AD, whichever occurs later, do those actions in the future if this AD 1. The authority citation for part 39 dye penetrant and magnetic particle were not adopted. The cost impact continues to read as follows: inspections to detect cracks of the MLG figures discussed in AD rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. pistons. actions represent only the time (3) For any MLG piston that has necessary to perform the specific actions § 39.13 [Amended] accumulated 30,000 or more total landings actually required by the AD. These 2. Section 39.13 is amended by since date of manufacture: Within 2 years or 5,000 landings on the MLG piston after the figures typically do not include removing amendment 39–9756 (61 FR effective date of this AD, whichever occurs incidental costs, such as the time 48617, September 16, 1996), and by first, do the preventative modification required to gain access and close up, adding a new airworthiness directive (including inspections; corrective actions, if planning time, or time necessitated by (AD), amendment 39–12225, to read as necessary; wet grind rework area; flap shot other administrative actions. follows: peen rework area; and reidentify the MLG
VerDate 11
pistons); except as required by paragraph (k) For Airplanes on Which Certain Pistons accomplishment of the modification: Within of this AD. Following accomplishment of the Have Not Been Modified: Condition 2 (Any 6 months after the effective date of this AD, preventative modification, do the actions Crack Within Limits) replace the MLG piston with a new or specified in paragraph (e) at the time (c) If any crack is found during any serviceable MLG piston per the service indicated in that paragraph. inspection required by either paragraph (a)(1) bulletin. Following accomplishment of the Note 2: Modification of the MLG piston per or (a)(2) of this AD, and that crack is within replacement, do the actions specified in the original version, and Revisions 01 the limits specified in McDonnell Douglas paragraph (a), (e), or (h) of this AD, as through 04 of McDonnell Douglas Service Service Bulletin MD80–32–277, Revision 04, applicable, at the time indicated in that Bulletin MD80–32–277, Service Rework dated December 7, 1999, before further flight, paragraph. Drawing SR08320081, or any FAA-approved do the action(s) specified in either paragraph (2) For any MLG piston that has preventative modification to MLG pistons (c)(1) or (c)(2) of this AD. accumulated less than 30,000 landings since accomplishment of the modification: Do dye before the effective date of this AD, is (1) Do the preventative modification penetrant and magnetic particle inspections considered acceptable for compliance with (including inspections; corrective actions, if to detect cracks of the MLG pistons, per the the preventative modification requirements necessary; wet grind rework area; flap shot Accomplishment Instructions of McDonnell of paragraphs (a)(3), (b)(1)(iii), (b)(2), and peen rework area; and reidentify the MLG Douglas Service Bulletin MD80–32–277, (c)(1) of this AD. pistons) per the Accomplishment Instructions of the service bulletin; except as Revision 04, dated December 7, 1999; at the For Airplanes on Which Certain Pistons required by paragraph (k) of this AD. applicable time(s) specified in paragraph Have Not Been Modified: Condition 1 (No Following accomplishment of the (e)(2)(i) or (e)(2)(ii) of this AD. Crack) preventative modification, do the actions (i) For any MLG piston that has been modified per paragraph (a)(3), (b)(1)(iii), (b) If no crack is found during any specified in paragraph (e) or (h) of this AD, as applicable, at the time indicated in that (b)(2), or (c)(1) of this AD, or that has been inspection required by either paragraph (a)(1) paragraph. replaced with a modified MLG piston per or (a)(2) of this AD, do the actions specified (2) Replace the MLG piston with a new or paragraph (c)(2) or (d)(1) of this AD: Inspect in either paragraph (b)(1) or (b)(2) of this AD. serviceable MLG piston per the service within 2,500 landings following (1) Condition 1, Option 1. Do the actions bulletin. Following accomplishment of the accomplishment of the modification or specified in either paragraph (b)(1)(i) or replacement, do the actions specified in replacement with a modified MLG piston. (b)(1)(ii) of this AD, and in paragraph paragraph (a), (e), or (h) of this AD, as (ii) For any MLG piston that has been (b)(1)(iii) of this AD. applicable, at the time indicated in that modified per service information other than (i) Repeat the inspections required by paragraph. Revision 04 of McDonnell Douglas Service either paragraph (a)(1) or (a)(2) of this AD Bulletin MD80–32–277 and not inspected per thereafter at intervals not to exceed 1,500 Note 3: Replacement of the MLG piston with a modified MLG per the original Revision 04 of the service bulletin prior to landings until the permanent modification version, and Revisions 01 through 04 of the effective date of this AD: Inspect within required by paragraph (b)(1)(iii) of this AD McDonnell Douglas Service Bulletin MD80– 1,500 landings or 12 months after the has been done. 32–277, Service Rework Drawing effective date of this AD, whichever occurs (ii) Before further flight, do the flap shot SR08320081, or any FAA-approved later. peening per McDonnell Douglas Service preventative modification to MLG pistons (f) If no crack is found during any Bulletin MD80–32–277, Revision 04, dated before the effective date of this AD, is inspection required by paragraph (e)(2) of December 7, 1999. Repeat the inspections considered acceptable for compliance with this AD, repeat the dye penetrant and required by either paragraph (a)(1) or (a)(2) of the replacement requirements of paragraphs magnetic particle inspections required by this AD thereafter at intervals not to exceed (c)(2) and (d)(1) of this AD. paragraph (e)(2) of this AD thereafter at 2,500 landings until the permanent intervals not to exceed 2,500 landings. modification required by paragraph (b)(1)(iii) For Airplanes on Which Certain Pistons Within 30,000 landings since modification of of this AD has been done. Have Not Been Modified: Condition 3 (Any the MLG piston, replace the MLG piston with (iii) Prior to the accumulation of 30,000 or Crack Outside Limits) a new or serviceable MLG piston per the more total landings on the MLG piston, do (d) If any crack is found during any Accomplishment Instructions of McDonnell the preventative modification (including inspection required by either paragraph (a)(1) Douglas Service Bulletin MD80–32–277, inspections; corrective actions, if necessary; or (a)(2) of this AD that is outside the limits Revision 04, dated December 7, 1999. wet grind rework area; flap shot peen rework specified in McDonnell Douglas Service Following accomplishment of the area; and reidentify the MLG pistons), per the Bulletin MD80–32–277, Revision 04, dated replacement, do the actions specified in Accomplishment Instructions of McDonnell December 7, 1999, before further flight, do paragraph (a), (e), or (h) of this AD, as Douglas Service Bulletin MD80–32–277, the action(s) specified in paragraph (d)(1) or applicable, at the time indicated in that Revision 04, dated December 7, 1999; except (d)(2) of this AD. paragraph. as required by paragraph (k) of this AD. (1) Condition 3, Option 1. Replace the MLG (g) If any crack is found during any Accomplishment of the permanent piston with a new or serviceable MLG piston inspection required by paragraph (e)(2) of modification stops the repetitive inspection per the service bulletin. Following this AD, before further flight, do the action(s) requirements of paragraphs (b)(1)(i) and accomplishment of the replacement, do the specified in either paragraph (d)(1) or (d)(2) (b)(1)(ii) of this AD. Following actions specified in paragraph (a), (e), or (h) of this AD. accomplishment of the preventative of this AD, as applicable, at the time modification, do the actions specified in For Airplanes on Which A Certain Piston indicated in that paragraph. Has Been Installed: paragraph (e) at the time indicated in that (2) Condition 3, Option 2. Repair per a paragraph. method approved by the Manager, Los (h) For airplanes on which any MLG (2) Condition 1, Option 2. Before further Angeles Aircraft Certification Office (ACO), piston, P/N 5935347–511, has been installed: flight, do the preventative modification FAA. Do the actions specified in paragraph (h)(1), (including inspections; corrective actions, if (h)(2), or (h)(3) of this AD, as applicable, per necessary; wet grind rework area; flap shot For Airplanes on Which Certain Pistons the Accomplishment Instructions of peen rework area; and reidentify the MLG Have Been Modified: Replacement or McDonnell Douglas Service Bulletin MD80– pistons) per Condition 1, Option 2, of the Inspections and Corrective Actions, If 32–277, Revision 04, dated December 7, Accomplishment Instructions of McDonnell Necessary 1999. Douglas Service Bulletin MD80–32–277, (e) For airplanes on which any MLG (1) For any MLG piston that has Revision 04, dated December 7, 1999; except piston, part number (P/N) 5935347–1 through accumulated less than 5,000 total landings as required by paragraph (k) of this AD. 5935347–509 inclusive, has been modified since date of manufacture: Prior to the Following accomplishment of the and reidentified as P/N SR09320081–3 accumulation of 5,000 total landings on the preventative modification, do the actions through SR09320081–13 inclusive: MLG piston, or within 12 months after the specified in paragraph (e) at the time (1) For any MLG piston that has effective date of this AD, whichever occurs indicated in that paragraph. accumulated 30,000 or more landings since later, do dye penetrant and magnetic particle
VerDate 11
inspections to detect cracks of the MLG compliance with this AD, if any, may be Federal-aid project into a single action. pistons. obtained from the Los Angeles ACO. Changes to the agreement provisions (2) For any MLG piston that has (2) Alternative methods of compliance, reflect these adjustments. Additionally, accumulated 5,000 or more total landings approved previously in accordance with AD section 1304 of the TEA–21 amended 23 since date of manufacture, but less than 96–19–09, amendment 39–9756, are 30,000 total landings since date of U.S.C. 102(b) to include a provision to approved as alternative methods of allow the granting of time extensions for manufacture: Within 1,500 landings on the compliance with this AD. MLG piston or 12 months after the effective engineering cost reimbursement. date of this AD, whichever occurs later, do Special Flight Permits Changes to the agreement procedures dye penetrant and magnetic particle (n) Special flight permits may be issued in are added to provide this new inspections to detect cracks of the MLG accordance with sections 21.197 and 21.199 flexibility. pistons. of the Federal Aviation Regulations (14 CFR DATES: This final rule is effective June (3) For any MLG piston that has 21.197 and 21.199) to operate the airplane to accumulated 30,000 or more total landings a location where the requirements of this AD 11, 2001. since date of manufacture: Within 6 months can be accomplished. FOR FURTHER INFORMATION CONTACT: Mr. after the effective date of this AD, replace the Jack Wasley, Office of Program MLG piston with a new or serviceable MLG Incorporation by Reference Administration (HIPA), 202–366–4658, piston per the service bulletin. Following (o) Except as provided by paragraphs or Harold Aikens, Office of the Chief accomplishment of the replacement, do the (d)(2), (k), and (l) of this AD, the actions shall Counsel, 202–366–0791, Federal actions specified in paragraph (a), (e), or (h) be done in accordance with McDonnell Highway Administration, 400 Seventh of this AD, as applicable, at the time Douglas Service Bulletin MD80–32–277, indicated in that paragraph. Revision 04, dated December 7, 1999. This Street, SW., Washington, DC 20590– (i) If no crack is found during any incorporation by reference was approved by 0001. Office hours are from 7:45 a.m. to inspection required by either paragraph (h)(1) the Director of the Federal Register in 4:15 p.m., e.t., Monday through Friday or (h)(2) of this AD, repeat the dye penetrant accordance with 5 U.S.C. 552(a) and 1 CFR except Federal holidays. and magnetic particle inspections required part 51. Copies may be obtained from Boeing SUPPLEMENTARY INFORMATION: The by either paragraph (h)(1) or (h)(2) of this AD Commercial Aircraft Group, Long Beach amendments in this final rule are based thereafter at intervals not to exceed 2,500 Division, 3855 Lakewood Boulevard, Long primarily on the notice of proposed landings. Prior to the accumulation of 30,000 Beach, California 90846, Attention: Data and or more total landings on the MLG piston, do Service Management, Dept. C1–L5A (D800– rulemaking (NPRM) published on the actions specified in paragraph (d)(1) of 0024). Copies may be inspected at the FAA, August 31, 2000, at 65 FR 52962 (FHWA this AD. Transport Airplane Directorate, 1601 Lind Docket No. 2000–7426). All comments (j) If any crack is found during any Avenue, SW., Renton, Washington; or at the received in response to this NPRM have inspection required by either paragraph (h)(1) FAA, Los Angeles Aircraft Certification been considered in adopting these or (h)(2) of this AD, before further flight, do Office, 3960 Paramount Boulevard, amendments. the action(s) specified in either paragraph Lakewood, California; or at the Office of the (d)(1) or (d)(2) of this AD. Federal Register, 800 North Capitol Street, Electronic Access Exception to Actions Referenced in Service NW., suite 700, Washington, DC. Internet users may access all Bulletin Effective Date comments received by the U.S. DOT (k) If any discrepancy is found during any (p) This amendment becomes effective on Dockets, Room PL–401 by using the inspection while accomplishing the June 14, 2001. universal resource locator (URL): http:/ preventative modification required by this /dms.dot.gov. It is available 24 hours AD, prior to further flight, do applicable Issued in Renton, Washington, on May 3, each day, 365 days each year. Electronic 2001. corrective action(s) per McDonnell Douglas submission and retrieval help and Service Bulletin MD80–32–277, Revision 04, Lirio Liu Nelson, guidelines are available under the help dated December 7, 1999. If the service Acting Manager, Transport Airplane section of the web site. bulletin specifies to contact the manufacturer Directorate, Aircraft Certification Service. An electronic copy of this document for appropriate action: Prior to further flight, [FR Doc. 01–11674 Filed 5–9–01; 8:45 am] may be downloaded by using a repair in accordance with a method approved BILLING CODE 4910–13–P by the Manager, Los Angeles ACO. For a computer, modem and suitable repair method to be approved by the communications software from the Manager, Los Angeles ACO, as required by Government Printing Office’s Electronic this paragraph, the Manager’s approval letter DEPARTMENT OF TRANSPORTATION Bulletin Board Service at (202) 512– must specifically reference this AD. Federal Highway Administration 1661. Internet users may reach the Optional Terminating Action Office of the Federal Register’s home 23 CFR Part 630 page at: http://www.nara.gov/fedreg and (l) Replacement of any MLG piston with a the Government Printing Office’s new MLG piston, P/N 5935347–517, per McDonnell Douglas Service Bulletin MD80– [FHWA Docket No. 2000–7426] database at: http://www.access.gpo.gov. 32–309, dated January 31, 2000, constitutes RIN 2125–AE77 Background terminating action for the requirements of this AD for that MLG piston. Federal-Aid Project Agreement Under the provisions of 23 U.S.C. 106, a formal agreement between the State Alternative Methods of Compliance AGENCY: Federal Highway transportation department (STD) and (m)(1) An alternative method of Administration (FHWA), DOT. the FHWA is required for Federal-aid compliance or adjustment of the compliance ACTION: Final rule. highway projects. This agreement, time that provides an acceptable level of referred to as the ‘‘project agreement,’’ is safety may be used if approved by the SUMMARY: Manager, Los Angeles ACO. Operators shall The FHWA is amending its in essence a written contract between submit their requests through an appropriate regulation on project agreements. the State and the Federal Government FAA Principal Maintenance Inspector, who Section 1305 of the Transportation defining the extent of the work to be may add comments and then send it to the Equity Act for the 21st Century (TEA– undertaken, the State and the Federal Manager, Los Angeles ACO. 21) amended 23 U.S.C. 106(a) and shares of a project’s cost, and Note 4: Information concerning the combined authorization of work and commitments concerning maintenance existence of approved alternative methods of execution of the project agreement for a of the project.
VerDate 11
The present regulation at 23 CFR 630, (1) whether the Federal share agreed to permits the manner established for the subpart C, provides requirements would continue through the life of the Federal-aid share to be changed. concerning the project agreement. It project; and (2) whether manipulation of Adjustments to the Federal share, or the includes detailed instructions on the funding levels of individual projects manner in which established under preparation of the project agreement, to accommodate program funding § 630.106(f)(1) will only be permitted for and an assemblage of agreement changes or needs would not be allowed. projects in situations where bid prices provisions that are part of the project The FHWA believes that once a project are significantly different from the agreement. is under agreement the amount of estimates at the time of FHWA The present regulation at 23 CFR 630, Federal funds and appropriation type authorization. A change in the Federal subpart A, provides requirements cannot be changed except to reflect a commitment from the agreed to amount concerning the project authorization. change in the bids received or any one of Federal funds obligated from a The FHWA project authorization of the four general categories for specific Federal appropriation type or commits the Federal Government to exceptions contained in § 630.106(c)(1) category of funds, to take advantage of participate in the funding of a project, through (c)(4). new appropriations or to switch except in those instances where the A follow up comment stated that the appropriations of individual projects to State requests FHWA authorization agency would not support any accommodate program funding changes without the commitment of Federal regulation that would require additional or needs, is not allowed except for funds. In addition, FHWA authorization funds to cover project cost overruns. authorization to proceed under also establishes a point in time after Establishing the contractual obligation § 630.106(c). The four general categories which costs incurred on a project are of the Federal Government for the for exceptions to this rule contained in eligible for Federal participation. payment of the Federal share of the cost § 630.106(c)(1) through (4) allow a Requirements covering project of the project is a legislative change to any category of funds eligible agreements are contained in this final requirement of 23 U.S.C. 106(a)(3). The at the time funds are available for rule. This final rule updates and Federal Government cannot commit conversion to a contractual obligation of modifies the existing regulation to future funds that might not be available. the Federal government under 23 U.S.C. incorporate needed changes made by Funds must be available at the time the 106. sections 1304 and 1305 of the TEA–21, project agreement is executed. The State The State agency proposed changing Public Law 105–178, 112 Stat.107, it is still required to prepare a the wording in § 630.106(f)(2) from combines the project agreement and the modification to a project agreement as ‘‘shortly after’’ to ‘‘based on.’’ The State project authorization of work. The final changes occur. In the same paragraph, it agency felt that the term ‘‘shortly’’ was rule amends these regulations in the was suggested that the term too vague. It is our intent to make any manner and for the reasons indicated ‘‘significantly’’ be removed from the funding changes, made as a result of below. analysis section to avoid any vagueness. actual bids, as soon as it is practical Discussion of Comments The term ‘‘significant’’ rather than after the bids are received within the ‘‘substantive’’ is used in the discussion same Federal fiscal year. Our intent is The FHWA published a notice of to account for different interpretations not to have Federal commitments proposed rulemaking (NPRM) of what is substantial. The word outstanding. Funding changes in the concerning proposed revisions to Part ‘‘significantly’’ might suggest amount of Federal funds committed as 630 on August 31, 2000, at 65 FR 52962. considerable in amount, which might a result of actual bids received should Interested persons were invited to not recognize that flexibility may be be as soon as practicable within the participate in the development of this applied for project implementation. The same Federal fiscal year that the bids are final rule by submitting written rule does not attempt to apply hard and received. For these reasons, we are not comments to the FHWA. Only one State fast rules or percentages as project needs changing the wording in § 630.106(f)(2). transportation agency submitted and circumstances vary. Current comments. The State agency provided § 630.106(f)(2), that allows a change in Executive Order 12866 (Regulatory two comments on proposed § 630.106(f), the project agreement to reflect the Planning and Review) and DOT and four comments concerning actual bid received, uses the term Regulatory Policies and Procedures clarification of the NPRM’s section-by- ‘‘substantive’’ when compared to the The FHWA has determined that this section analysis of § 630.106(f). STD’s estimated cost to trigger an action is not a significant regulatory Section 630.106(f)(2) discusses the adjustment to the Federal share. The action within the meaning of Executive manner for establishing the Federal cost difference should have real Order 12866 or significant within the share of eligible project costs. The meaning when compared to the total meaning of U. S. Department of comment was: Could an agreement with cost before an adjustment is made to the Transportation regulatory policies and a lump sum Federal share be changed to Federal share. For example, a thousand procedures. The final rule updates the a pro rata Federal share? Yes, when the dollar cost difference, when compared Federal-aid project agreement regulation Federal share in the project agreement is to a million dollar estimate doesn’t have to conform to recent laws, regulations, changed, the manner in which the much meaning. Therefore, substantial or guidance and clarifies existing Federal share is established can also be may be viewed differently among local, policies. The economic impact of this changed. The Federal share established regional, and State projects. rulemaking will be minimal; therefore, a as either lump sum or pro rata in the The State agency asked if the manner full regulatory evaluation is not project agreement at the time of established for the Federal-aid share of required. authorization does not have to be the eligible project costs under proposed same, but the Federal share can only be § 630.106(f)(1) could be changed at the Regulatory Flexibility Act adjusted to reflect the actual bid amount time an adjustment is made to reflect In compliance with the Regulatory received. The final rule is not changed the actual bids received. The long Flexibility Act (5 U.S.C. 601–612), the as a result of this comment. standing regulatory provision, retained FHWA has evaluated the effects of this Concerning the section-by-section in § 630.106(f)(2), that allows a one time rule on small entities. Based on the analysis for § 630.106(f), the commenter change in the project agreement to evaluation, the FHWA certifies that this requested explanation of the following: reflect the actual bid received, also action will not have a significant
VerDate 11
economic impact on a substantial agreement between the FHWA and a Environmental Policy Act of 1969 (42 number of small entities. This rule State is required for all Federal-aid U.S.C. 4321 et seq.) and has determined clarifies and simplifies procedures used projects. The project agreement process that this action would not have any by State highway agencies in under this final rule has not changed for effect on the quality of the environment. accordance with existing laws, Indian tribal governments. Federal-aid Regulation Identification Number regulations, or guidance. funds for projects involving Indian tribal governments will continue A regulation identification number Unfunded Mandates Reform Act of indirectly through the State. (RIN) is assigned to each regulatory 1995 Authorization, project agreement, and action listed in the Unified Agenda of This rule would not impose a Federal obligation of funds are by statute a Federal Regulations. The Regulatory mandate resulting in the expenditure by combined action. To avoid confusion Information Service Center publishes State, local, and tribal governments, in and misinterpretations, the final the Unified Agenda in April and the aggregate, or by the private sector, of regulation (23 CFR 630) is being revised October of each year. The RIN contained $100 million or more in any one year (2 to reflect current procedures. Therefore, in the heading of this document can be U.S.C. 1531 et seq.). a tribal summary impact statement is used to cross reference this action with not required. Executive Order 12988 (Civil Justice the Unified Agenda. Reform) Executive Order 12372 List of Subjects in 23 CFR Part 630 (Intergovernmental Review) This action meets applicable Government contracts, Grant standards in sections 3(a) and 3(b)(2) of Catalog of Federal Domestic programs—Transportation, Highways Executive Order 12988, Civil Justice Assistance Program Number 20.205, and roads, Project agreement Reform, to minimize litigation, Highway Planning and Construction. procedures. eliminate ambiguity, and reduce The regulations implementing Executive burden. Order 12372 regarding Issued on: May 3, 2001. intergovernmental consultation on Vincent F. Schimmoller, Executive Order 13045 (Protection of Federal programs and activities apply to Deputy Executive Director, Federal Highway Children) this program. Administration. We have analyzed this action under Paperwork Reduction Act of 1995 In consideration of the foregoing, the Executive Order 13045, Protection of FHWA amends title 23, chapter I, Code Children from Environmental Health Under the Paperwork Reduction Act of Federal Regulations, by amending Risks and Safety Risks. This rule is not of 1995 (PRA) (44 U.S.C. 3501, et seq.), part 630, as set forth below. economically significant and does not Federal agencies must obtain approval concern an environmental risk to health from the Office of Management and PART 630—PRECONSTRUCTION or safety that may disproportionately Budget (OMB) for each collection of PROCEDURES affect children. information they conduct, sponsor, or require through regulations. The FHWA 1. Revise the authority citation for Executive Order 12630 (Taking of has reviewed this rule and determined part 630 to read as follows: Private Property) that the information collection Authority: 23 U.S.C. 106, 109, 115, 315, This rule would not effect a taking of requirements associated with this 320, and 402(a); 23 CFR 1.32; and 49 CFR private property or otherwise have rulemaking are covered by a currently 1.48(b). taking implications under Executive approved information collection, OMB 2. Revise subpart A of part 630 to read Order 12630, Governmental Actions and Approval No. 2125–0529, entitled, as follows: Interference with Constitutionally ‘‘Preparation and Execution of the Protected Property Rights. Project Agreement and Modifications,’’ Subpart A—Project Authorization and which is due to expire on May 31, 2001. Agreements Executive Order 13132 (Federalism) There are no changes to the current This action has been analyzed in information collection burden estimates Sec. accordance with the principles and 630.102 Purpose. as a result of this final rule. Interested 630.104 Applicability. criteria contained in Executive Order persons were invited to provide 630.106 Authorization to proceed. 13132, dated August 4, 1999, and it has comments regarding this information 630.108 Preparation of agreement. been determined that it does not have a collection as a part of the development 630.110 Modification of original agreement. substantial direct affect or significant of this final rule by submitting written 630.112 Agreement provisions. federalism implications on States or comments on the NPRM. No comments local governments that would limit the were received regarding these § 630.102 Purpose. policymaking discretion of the States. information collection requirements. The purpose of this subpart is to Nothing in this document directly This final rule updates and modifies the prescribe policies for authorizing preempts any State law or regulation. existing requirements to reflect statutory Federal-aid projects through execution changes to the project agreement of the project agreement required by 23 Executive Order 13175 (Tribal U.S.C. 106(a)(2). Consultation) process enacted by section 1305 of the Transportation Equity Act for the 21st § 630.104 Applicability. The FHWA has analyzed this Century (TEA–21, Pub. L. 105–178) proposal under Executive Order 13175, amended 23 U.S.C. 106(a) and (a) This subpart is applicable to all dated November 6, 2000, and believes combined authorization of work and Federal-aid projects unless specifically that the final rule will not have execution of the project agreement for a exempted. substantial direct effects on one or more Federal-aid project into a single action. (b) Other projects which involve Indian tribes; will not impose special procedures are to be approved, substantial direct compliance costs on National Environmental Policy Act or authorized as set out in the Indian tribal governments; and will not The agency has analyzed this action implementing instructions or preempt tribal law. A formal project for the purpose of the National regulations for those projects.
VerDate 11
§ 630.106 Authorization to proceed. beyond the location stage shall not be (6) A statement that the State accepts (a)(1) The State transportation given until appropriate available funds and will comply with the agreement department (STD) must obtain an have been obligated to cover eligible provisions set forth in § 630.112; authorization to proceed from the costs of the work covered by the (7) A statement that the State FHWA before beginning work on any previous authorization. stipulates that its signature on the Federal-aid project. The STD may (f)(1) The Federal-aid share of eligible project agreement constitutes the request an authorization to proceed in project costs shall be established at the making of the certifications set for in writing or by electronic mail for a time the project agreement is executed § 630.112; and project or a group of projects. in one of the following manners: (8) Signatures of officials from both (2) The FHWA will issue the (i) Pro rata, with the agreement stating the State and the FHWA, and the date authorization to proceed either through the Federal share as a specified executed. or after the execution of a formal project percentage; or (c) The project agreement should also agreement with the State. The (ii) Lump sum, with the agreement document, by comment, instances agreement can be executed only after stating that Federal funds are limited to where: applicable prerequisite requirements of a specified dollar amount not to exceed (1) The State is applying amounts of Federal laws and implementing the legal pro rata. credits from special accounts (such as regulations and directives are satisfied. (2) The pro-rata or lump sum share the 23 U.S.C. 120(j) toll credits, 23 Except as provided in paragraphs (c)(1) may be adjusted before or shortly after U.S.C. 144(n) off-system bridge credits through (c)(4) of this section, the FHWA contract award to reflect any substantive and 23 U.S.C. 323 land value credits) to will obligate Federal funds in the change in the bids received as compared cover all or a portion of the normal project or group of projects upon to the STD’s estimated cost of the percent non-Federal share of the project; execution of the project agreement. project at the time of FHWA (2) The project involves other (b) Federal funds shall not participate authorization, provided that Federal arrangements affecting Federal funding in costs incurred prior to the date of a funds are available. or non-Federal matching provisions, project agreement except as provided by (3) Federal participation is limited to including tapered match, donations, or 23 CFR 1.9(b). the agreed Federal share of eligible costs use of other Federal agency funds, if (c) The execution of the project actually incurred by the State, not to known at the time the project agreement agreement shall be deemed a contractual exceed the maximum permitted by is executed; and obligation of the Federal government enabling legislation. (3) The State is claiming finance under 23 U.S.C. 106 and shall require (g) The State may contribute more related costs for bond and other debt that appropriate funds be available at than the normal non-Federal share of instrument financing (such as payments the time of authorization for the agreed title 23, U.S.C. projects. In general, to States under 23 U.S.C. 122). Federal share, either pro rata or lump financing proposals that result in only (d) The STD may use an electronic sum, of the cost of eligible work to be minimal amounts of Federal funds in version of the agreement as provided by incurred by the State except as follows: (1) Advance construction projects projects should be avoided unless they the FHWA. authorized under 23 U.S.C. 115. are based on sound project management (Approved by the Office of (2) Projects for preliminary studies for decisions. Management and Budget under control the portion of the preliminary (h)(1) Donations of cash, land, number 2125–0529) engineering and right-of-way (ROW) material or services may be credited to the State’s non-Federal share of the § 630.110 Modification of original phase(s) through the selection of a agreement. location. participating project work in accordance (3) Projects for ROW acquisition in with title 23, U.S.C., and implementing (a) When changes are needed to the hardship and protective buying regulations. original project agreement, a situations through the selection of a (2) Contributions may not exceed the modification of agreement shall be particular location. This includes ROW total costs incurred by the State on the prepared. Agreements should not be acquisition within a potential highway project. Cash contributions from all modified to replace one Federal fund corridor under consideration where sources plus the Federal funds may not category with another unless necessary to preserve the corridor for exceed the total cost of the project. specifically authorized by statute. (b) The STD may develop the future highway purposes. Authorization § 630.108 Preparation of agreement. of work under this paragraph shall be in modification of project agreement in a accord with the provisions of 23 CFR (a) The STD shall prepare a project format acceptable to both the STD and part 710. agreement for each Federal-aid project. the FHWA provided the following are (4) In special cases where the Federal (b) The STD may develop the project included: Highway Administrator determines it to agreement in a format acceptable to both (1) The Federal-aid project number be in the best interest of the Federal-aid the STD and the FHWA provided the and State; highway program. following are included: (2) A sequential number identifying (d) For projects authorized to proceed (1) A description of each project the modification; under paragraphs (c)(1) through (c)(4) of location including State and project (3) A reference to the date of the this section, the executed project termini; original project agreement to be agreement shall contain the following (2) The Federal-aid project number; modified; statement: ‘‘Authorization to proceed is (3) The work covered by the (4) The original total project cost and not a commitment or obligation to agreement; the original amount of Federal funds provide Federal funds for that portion of (4) The total project cost and amount under agreement; the undertaking not fully funded of Federal funds under agreement; (5) The revised total project cost and herein.’’ (5) The Federal-aid share of eligible the revised amount of Federal funds (e) For projects authorized under project costs expressed as either a pro under agreement; paragraphs (c)(2) and (c)(3) of this rata percentage or a lump sum as set (6) The reason for the modifications; section, subsequent authorizations forth in § 630.106(f)(1); and,
VerDate 11
(7) Signatures of officials from both agreement, the State is providing the ENVIRONMENTAL PROTECTION the State and the FHWA and date certification required in appendix C to AGENCY executed. 49 CFR part 29, unless the State (c) The STD may use an electronic provides an annual certification. 40 CFR Part 52 version of the modification of project (4) Suspension and debarment agreement as provided by the FHWA. [Region 2 Docket No. NY47–218, certification. By signing the project FRL–6940–1] § 630.112 Agreement provisions. agreement, the STD agrees to fulfill the (a) The State, through its responsibility imposed by 49 CFR Approval and Promulgation of transportation department, accepts and 29.510 regarding debarment, Implementation Plans; New York 15 agrees to comply with the applicable suspension, and other responsibility and 9 Percent Rate of Progress Plans, terms and conditions set forth in title matters. In signing the project Phase I Ozone Implementation Plan 23, U.S.C., the regulations issued agreement, the State is providing the pursuant thereto, the policies and certification for its principals required AGENCY: Environmental Protection procedures promulgated by the FHWA in appendix A to 49 CFR part 29. Agency. ACTION: Final rule. relative to the designated project (5) Lobbying certification. By signing covered by the agreement, and all other the project agreement, the STD agrees to SUMMARY: The Environmental Protection applicable Federal laws and regulations. abide by the lobbying restrictions set (b) Federal funds obligated for the Agency (EPA) is approving a State forth in 49 CFR part 20. In signing the project must not exceed the amount Implementation Plan revision submitted agreed to on the project agreement, the project agreement, the State is providing by New York which is intended to meet balance of the estimated total cost being the certification required in appendix A several Clean Air Act requirements. an obligation of the State. Such to 49 CFR part 20. Specifically, EPA is approving the 1990 base year ozone emission inventory (for obligation of Federal funds extends only Subpart C—[Removed and Reserved] to project costs incurred by the State all ozone nonattainment areas in New after the execution of a formal project York); the 1996 and 1999 ozone agreement with the FHWA. 3. In part 630, remove and reserve projection emission inventories; the (c) The State must stipulate that as a subpart C. demonstration that emissions from condition to payment of the Federal [FR Doc. 01–11810 Filed 5–9–01; 8:45 am] growth in vehicle miles traveled will not increase total motor vehicle funds obligated, it accepts and will BILLING CODE 4910–22–P comply with the following applicable emissions and, therefore, offsetting provisions: measures are not necessary; the (1) Project for acquisition of rights-of- DEPARTMENT OF TRANSPORTATION photochemical assessment monitoring way. In the event that actual stations network; and enforceable construction of a road on this right-of- Coast Guard commitments. EPA is also approving way is not undertaken by the close of New York’s 15 Percent Rate of Progress the twentieth fiscal year following the 33 CFR Part 100 Plan and the 9 Percent Reasonable fiscal year in which the project is Further Progress Plan. The intended authorized, the STD will repay to the effect of this action is to approve [CGD 13–01–008] FHWA the sum or sums of Federal programs required by the Clean Air Act funds paid to the transportation which will result in emission reductions department under the terms of the RIN 2115–AE46 that will help achieve attainment of the agreement. The State may request a time one-hour national ambient air quality Date Change for Special Local extension beyond the 20-year limit with standard for ozone. Regulation (SLR), Seattle National no repayment of Federal funds, and the EFFECTIVE DATE: This rule will be Maritime Week Tugboat Race FHWA may approve this request if it is effective June 11, 2001. considered reasonable. AGENCY: Coast Guard, DOT. ADDRESSES: Copies of the State’s (2) Preliminary engineering project. In submittals are available at the following the event that right-of-way acquisition ACTION: Notice of change in addresses for inspection during normal for, or actual construction of, the road implementation. business hours: for which this preliminary engineering Environmental Protection Agency, is undertaken is not started by the close SUMMARY: The Coast Guard announces a Region 2 Office, Air Programs Branch, of the tenth fiscal year following the change to the effective date for the 290 Broadway, 25th Floor, New York, fiscal year in which the project is Seattle National Maritime Week Tugboat NY 10007–1866. authorized, the STD will repay to the Race Special Local Regulation (SLR) as New York State Department of FHWA the sum or sums of Federal per 33 CFR 100.1306(c). This year’s Environmental Conservation, Division funds paid to the transportation event will be held on Saturday, May of Air Resources, 50 Wolf Road, department under the terms of the 12th, 2001, necessitating this effective Albany, New York 12233. agreement. The State may request a time date change. Environmental Protection Agency, Air extension for any preliminary and Radiation Docket and Information engineering project beyond the 10-year DATES: 33 CFR 100.1306 is effective May Center, Air Docket (6102), 401 M limit with no repayment of Federal 12, 2001, from 12 p.m. to 4:30 p.m. Street, SW., Washington, DC 20460. funds, and the FHWA may approve this Dated: May 3, 2001. request if it is considered reasonable. FOR FURTHER INFORMATION CONTACT: Kirk (3) Drug-free workplace certification. M.D. Dawe, J. Wieber, Air Programs Branch, By signing the project agreement, the Commander, U.S. Coast Guard, Commander, Environmental Protection Agency, 290 STD agrees to provide a drug-free Group Seattle. Broadway, 25th Floor, New York, NY workplace as required by 49 CFR part [FR Doc. 01–11847 Filed 5–9–01; 8:45 am] 10007–1866, (212) 637–3381. 29, subpart F. In signing the project BILLING CODE 4910–15–P SUPPLEMENTARY INFORMATION:
VerDate 11
I. Background Ozone Transport Commission NOX V. Administrative Requirements On November 3, 1999 (64 FR 59706), Memoranda of Understanding. Under Executive Order 12866 (58 FR EPA proposed approval of New York’s A detailed discussion of the SIP 51735, October 4, 1993), this final action State Implementation Plan (SIP) revisions and EPA’s rationale for is not a ‘‘significant regulatory action’’ submittal of November 15, 1993, approving them is contained in the and therefore is not subject to review by September 4, 1997, and February 2, November 3, 1999 proposal and will not the Office of Management and Budget. 1999. These SIP submittals address the be restated here. The reader is referred This final action merely approves state requirements for the one severe ozone to the proposal for more details. law as meeting federal requirements and nonattainment area in New York, the II. Public Comments imposes no additional requirements New York-Northern New Jersey-Long No comments were received in beyond those imposed by state law. Island Nonattainment Area. The New response to EPA’s proposed action on Accordingly, the Administrator certifies York portion of the New York-Northern this New York SIP revision. that this final rule will not have a New Jersey-Long Island Area is significant economic impact on a composed of New York City and the III. Enhanced Inspection and substantial number of small entities counties of Nassau, Suffolk, Maintenance (I/M) Program under the Regulatory Flexibility Act (5 Westchester, Rockland, and seven towns In EPA’s November 3, 1999 proposal, U.S.C. 601 et seq.). Because this rule in Orange County—Blooming Grove, EPA proposed to approve emission proposes to approve pre-existing Chester, Highlands, Monroe, Tuxedo, credits for the 15 Percent ROP and 9 requirements under state law and does Warwick and Woodbury. The primary Percent RFP Plans, pending EPA’s not impose any additional enforceable focus of this Federal Register action is verification of New York’s enhanced duty beyond that required by state law, the New York portion of the New York- motor vehicle inspection and it does not contain any unfunded Northern New Jersey-Long Island Area maintenance (I/M) program’s mandate or significantly or uniquely (referred to as the New York Metro effectiveness. affect small governments, as described Area). On May 24, 1999 New York submitted in the Unfunded Mandates Reform Act The following Clean Air Act (CAA) to EPA an enhanced I/M program of 1995 (Public Law 104–4). For the requirements were included in the evaluation report/program effectiveness same reason, this final rule also does not November 3, 1999 proposal: the 1990 demonstration. Following EPA’s significantly or uniquely affect the base year emission inventory as revised evaluation of the enhanced I/M program communities of tribal governments, as on February 2, 1999 (Volatile organic effectiveness demonstration, the Agency specified by Executive Order 13084 (63 compounds (VOC), Nitrogen oxides has determined that New York’s FR 27655, May 10, 1998). This final rule (NOX) and Carbon monoxide (CO) for enhanced I/M program will provide will not have substantial direct effects areas designated nonattainment for adequate emission reductions compared on the states, on the relationship ozone since 1991 in New York); the to the emission reductions credited in between the national government and 1996 and 1999 ozone projection the 15 Percent ROP and 9 Percent RFP the states, or on the distribution of emission inventories; 15 Percent Rate- Plans. On May 7, 2001 at (66 FR 22922) power and responsibilities among the Of-Progress (ROP) and 9 Percent EPA approved New York’s enhanced I/ various levels of government, as Reasonable Further Progress (RFP) M program effectiveness demonstration. specified in Executive Order 13132 (64 Plans; contingency measures (EPA will Accordingly, the emission reduction FR 43255, August 10, 1999), because it be acting on the contingency measures credits associated with New York’s merely approves a state rule in a separate Federal Register notice); enhanced I/M program have been taken implementing a federal standard, and demonstration that emissions from into consideration in today’s approval of does not alter the relationship or the growth in vehicle miles traveled will New York’s 15 Percent ROP and 9 distribution of power and not increase motor vehicle emissions Percent RFP Plans. responsibilities established in the CAA. and, therefore, offsetting measures are This final rule also is not subject to not necessary; preliminary modeling IV. Conclusion Executive Order 13045 (62 FR 19885, efforts completed before the submittal of EPA has evaluated New York’s April 23, 1997), because it is not the 1-hour ozone attainment submittals for consistency with the CAA economically significant. demonstration; enforceable and Agency regulations and policy. EPA In reviewing SIP submissions, EPA’s commitments for Phase II of the 1-hour is approving New York’s: 1990 base year role is to approve state choices, ozone SIP development and approval emission inventory as revised on provided that they meet the criteria of process as defined in EPA’s November February 2, 1999 (VOC, NOX and CO for the CAA. In this context, in the absence 3, 1999 proposed approval; areas designated nonattainment for of a prior existing requirement for the photochemical assessment monitoring ozone since 1991 in New York); 1996 state to use voluntary consensus stations network; and transportation and 1999 ozone projection emission standards (VCS), EPA has no authority conformity budgets for 1996 and 1999. inventories; photochemical assessment to disapprove a SIP submission for EPA is approving these transportation monitoring station network; failure to use VCS. It would thus be conformity budgets since they were demonstration that emissions from inconsistent with applicable law for submitted as SIP revisions. However, it growth in vehicle miles traveled will EPA, when it reviews a SIP submission, should be noted that these budgets are not increase total motor vehicle to use VCS in place of a SIP submission no longer used in conformity emissions; preliminary modeling efforts that otherwise satisfies the provisions of determinations because New York has completed before the submittal of the 1- the CAA. Thus, the requirements of since submitted budgets for 2002, 2005, hour ozone attainment demonstration; section 12(d) of the National and 2007. On June 9, 2000 (65 FR transportation conformity budgets for Technology Transfer and Advancement 36690), EPA found these budgets to be 1996 and 1999; and enforceable Act of 1995 (15 U.S.C. 272 note) do not adequate for conformity purposes. commitments for Phase II of the 1-hour apply. As required by section 3 of EPA has determined that New York ozone SIP development and approval Executive Order 12988 (61 FR 4729, has satisfied EPA’s Phase I requirement process. EPA is also approving the 15 February 7, 1996), in issuing this final for the clean fuel fleet program and Percent ROP and 9 Percent RFP Plans. rule, EPA has taken the necessary steps
VerDate 11
to eliminate drafting errors and PART 52—[AMENDED] New York’s February 2, 1999 State ambiguity, minimize potential litigation, Implementation Plan revision for the and provide a clear legal standard for 1. The authority citation for part 52 New York portion of the New York- affected conduct. EPA has complied continues to read as follows: Northern New Jersey-Long Island with Executive Order 12630 (53 FR Authority: 42 U.S.C. 7401 et seq. nonattainment area are approved. 8859, March 15, 1988) by examining the [FR Doc. 01–11835 Filed 5–9–01; 8:45 am] takings implications of the rule in Subpart HH—New York BILLING CODE 6560–50–P accordance with the ‘‘Attorney 2. Section 52.1683 is amended by General’s Supplemental Guidelines for adding new paragraph (h) to read as the Evaluation of Risk and Avoidance of follows: ENVIRONMENTAL PROTECTION Unanticipated Takings’’ issued under AGENCY the executive order. This rule does not § 52.1683 Control strategy: Ozone. impose an information collection * * * * * 40 CFR Part 62 burden under the provisions of the (h)(1) The 1990 base year emission Paperwork Reduction Act of 1995 (44 [Region 2 Docket No. NY46–217a, FRL– inventory as revised on February 2, 6977–2] U.S.C. 3501 et seq.). 1999 (Volatile organic compounds The Congressional Review Act, 5 (VOC), Nitrogen oxides (NOX) and Approval and Promulgation of State U.S.C. section 801 et seq., as added by Carbon monoxide (CO) for areas Plans For Designated Facilities; NY the Small Business Regulatory designated nonattainment for ozone AGENCY: Environmental Protection Enforcement Fairness Act of 1996, since 1991 in New York) is approved. Agency (EPA). generally provides that before a rule (2) The 1996 and 1999 ozone may take effect, the agency projection year emission inventories ACTION: Direct final rule. promulgating the rule must submit a included in New York’s February 2, SUMMARY: EPA is approving the New rule report, which includes a copy of 1999 State Implementation Plan York supplementary submittal for the rule, to each House of the Congress revision for the New York portion of the meeting EPA’s conditional approval of and to the Comptroller General of the New York-Northern New Jersey-Long the New York State Plan for regulating United States. EPA will submit a report Island nonattainment area are approved. existing MSW Landfills. The State Plan (3) The 1996 and 1999 conformity containing this rule and other required establishes performance standards for emission budgets for the New York information to the U.S. Senate, the U.S. existing Municipal Solid Waste landfills portion of the New York-Northern New House of Representatives, and the located in New York State and provides Jersey-Long Island nonattainment area Comptroller General of the United for the implementation and enforcement included in New York’s February 2, States prior to publication of the rule in of those standards, which will reduce 1999 State Implementation Plan the Federal Register. This rule is not a the designated pollutants. ‘‘major’’ rule as defined by 5 U.S.C. revision are approved. section 804(2). This rule will be (4) The photochemical assessment DATES: This direct final rule is effective effective June 11, 2001. monitoring stations network included in on July 9, 2001 without further notice, New York’s February 2, 1999 State unless EPA receives adverse comment Under section 307(b)(1) of the CAA, by June 11, 2001. If EPA receives such petitions for judicial review of this Implementation Plan revision is approved. comment, EPA will publish a timely action must be filed in the United States withdrawal in the Federal Register Court of Appeals for the appropriate (5) The demonstration that emissions from growth in vehicle miles traveled informing the public that this rule will circuit by July 9, 2001. Filing a petition not take effect. for reconsideration by the Administrator will not increase total motor vehicle ADDRESSES: All comments should be of this final rule does not affect the emissions and, therefore, offsetting addressed to: Raymond Werner, Chief, finality of this rule for the purposes of measures are not necessary, which was Air Programs Branch, Environmental judicial review nor does it extend the included in New York’s February 2, Protection Agency, Region 2 Office, 290 time within which a petition for judicial 1999 State Implementation Plan Broadway, New York, New York 10007– review may be filed, and shall not revision for the New York portion of the 1866. postpone the effectiveness of such rule New York-Northern New Jersey-Long Island nonattainment area is approved. Copies of the state submittals are or action. This action may not be available at the following addresses for challenged later in proceedings to (6) The enforceable commitments to: participate in the consultative process to inspection during normal business enforce its requirements. (See section hours: 307(b)(2).) address regional transport; adopt additional control measures as Environmental Protection Agency, List of Subjects in 40 CFR Part 52 necessary to attain the ozone standard, Region 2 Office, Air Programs Branch, meeting rate of progress requirements, 290 Broadway, 25th Floor, New York, Environmental protection, Air and eliminating significant contribution New York 10007–1866. pollution control, Hydrocarbons, to nonattainment downwind; identify New York State Department of Intergovernmental relations, Nitrogen any reductions that are needed from Environmental Conservation, Division oxides, Ozone, Reporting and upwind areas for the area to meet the of Air Resources, 50 Wolf Road, Albany, recordkeeping requirements, Volatile ozone standard, included in New York’s New York 12233. organic compounds. February 2, 1999 State Implementation Environmental Protection Agency, Air Dated: January 19, 2001. Plan revision for the New York portion and Radiation Docket and Information William J. Muszynski, of the New York-Northern New Jersey- Center, Air Docket (6102), 401 M Street, SW., Washington, DC 20460. Acting Regional Administrator, Region 2. Long Island nonattainment area are approved. FOR FURTHER INFORMATION CONTACT: Part 52, chapter I, title 40 of the Code (7) The 15 Percent Rate of Progress Craig Flamm, Air Programs Branch, of Federal Regulations is amended as Plan and the 9 Percent Reasonable Environmental Protection Agency, 290 follows: Further Progress Plan included in the Broadway, 25th Floor, New York, New
VerDate 11
York 10007–1866, (212) 637–4021, Conclusion FR 27655, May 10, 1998). This final rule email: [email protected]. EPA has evaluated the Municipal will not have substantial direct effects on the States, on the relationship SUPPLEMENTARY INFORMATION: Solid Waste Landfill State Plan submitted by New York for consistency between the national government and Background with the Act, EPA guidelines and the States, or on the distribution of policy. EPA has determined that New power and responsibilities among the On July 19, 1999 (64 FR 38582), EPA various levels of government, as conditionally approved the New York York’s State Plan contains all approvable elements and critical specified in Executive Order 13132 (64 State Plan for regulating existing FR 43255, August 10, 1999), because it compliance dates. Therefore, EPA is Municipal Solid Waste (MSW) merely approves a state rule approving New York’s Plan to Landfills. The reader is referred to the implementing a federal standard, and implement and enforce 40 CFR Subpart July 19, 1999 rulemaking action for a does not alter the relationship or the Cc, as it applies to existing MSW more detailed description and the distribution of power and Landfills. rationale of EPA’s conditional approval responsibilities established in the Clean The EPA is publishing this rule of the New York MSW Landfills State Air Act. This final rule also is not without prior proposal because the Plan. The conditional approval was subject to Executive Order 13045 (62 FR Agency views this as a noncontroversial contingent on New York providing EPA 19885, April 23, 1997), because it is not submittal and anticipates no adverse with modified Title V or State Operating economically significant. Permits containing compliance comments. However, in the proposed In reviewing State Plan submissions, schedules with all five increments of rules section of this Federal Register EPA’s role is to approve state choices, progress outlined in Subpart Cc of 40 publication, EPA is publishing a provided that they meet the criteria of CFR part 60, the Emission Guidelines separate document that will serve as the the Clean Air Act. In this context, in the for existing Municipal Solid Waste proposal to approve the State Plan absence of a prior existing requirement Landfills. The permits were due within revision should adverse comments be for the State to use voluntary consensus one year of the effective date of the filed. This rule will be effective July 9, standards (VCS), EPA has no authority conditional approval, September 17, 2001 without further notice unless the to disapprove a State Plan submission 1999. Agency receives adverse comments by for failure to use VCS. It would thus be June 11, 2001. inconsistent with applicable law for On September 18, 2000, the New York If the EPA receives adverse State Department of Environmental EPA, when it reviews a State Plan comments, then EPA will publish a submission, to use VCS in place of a Conservation (NYSDEC) submitted a timely withdrawal in the Federal statement that NYSDEC inspected all State Plan submission that otherwise Register informing the public that the satisfies the provisions of the Clean Air previously identified landfills in New rule will not take effect. EPA will York that meet the criteria for a major Act. Thus, the requirements of section address all public comments in a 12(d) of the National Technology source. The NYSDEC identified one subsequent final rule based on the landfill out of compliance and one Transfer and Advancement Act of 1995 proposed rule. The EPA will not (15 U.S.C. 272 note) do not apply. As newly identified landfill which is institute a second comment period on currently under review by the NSDEC required by section 3 of Executive Order this action. Any parties interested in 12988 (61 FR 4729, February 7, 1996), and which might require controls. The commenting must do so at this time. NYSDEC stated that during the in issuing this final rule, EPA has taken inspections it was confirmed that the Administrative Requirements the necessary steps to eliminate drafting errors and ambiguity, minimize rest of the landfills in question were in Under Executive Order 12866 (58 FR compliance with New York’s State Plan potential litigation, and provide a clear 51735, October 4, 1993), this final action legal standard for affected conduct. EPA thereby making increments of progress is not a ‘‘significant regulatory action’’ unnecessary for these landfills. has complied with Executive Order and therefore is not subject to review by 12630 (53 FR 8859, March 15, 1988) by The two landfills that are not in the Office of Management and Budget. examining the takings implications of compliance currently are the Ontario This final action merely approves state the rule in accordance with the Landfill and the Babylon Landfill. EPA law as meeting federal requirements and ‘‘Attorney General’s Supplemental received a timely Title V operating imposes no additional requirements Guidelines for the Evaluation of Risk permit with appropriate increments of beyond those imposed by state law. and Avoidance of Unanticipated progress and compliance deadlines for Accordingly, the Administrator certifies Takings’’ issued under the executive the Ontario Landfill. The Babylon that this final rule will not have a order. This rule does not impose an Landfill was discovered only recently significant economic impact on a information collection burden under the by NYSDEC, and EPA is confident that substantial number of small entities provisions of the Paperwork Reduction the landfill was discovered in good faith under the Regulatory Flexibility Act (5 Act of 1995 (44 U.S.C. 3501 et seq.). and that an appropriate applicability U.S.C. 601 et seq.). Because this rule The Congressional Review Act, 5 determination will be completed in a approves pre-existing requirements U.S.C. 801 et seq., as added by the Small timely manner and a compliance under state law and does not impose Business Regulatory Enforcement schedule with increments of progress any additional enforceable duty beyond Fairness Act of 1996, generally provides will be submitted to the EPA if they are that required by state law, it does not that before a rule may take effect, the needed. All remaining landfills in New contain any unfunded mandate or agency promulgating the rule must York have met the requirements for all significantly or uniquely affect small submit a rule report, which includes a five increments of progress. Should New governments, as described in the copy of the rule, to each House of the York identify any new Municipal Solid Unfunded Mandates Reform Act of 1995 Congress and to the Comptroller General Waste Landfills that meet the existing (Public Law 104–4). For the same of the United States. EPA will submit a landfill criteria and require controls, reason, this final rule also does not report containing this rule and other New York shall submit increments of significantly or uniquely affect the required information to the U.S. Senate, progress for those facilities as well to communities of tribal governments, as the U.S. House of Representatives, and the EPA. specified by Executive Order 13084 (63 the Comptroller General of the United
VerDate 11
States prior to publication of the rule in SUPPLEMENTARY INFORMATION: (1) CSB employees, the Administrative the Federal Register. This rule is not a Amendment to section 1611.2. The Procedure Act does not require that it be ‘‘major’’ rule as defined by 5 U.S.C. current CSB rule on testimony by published as a proposed regulation for 804(2). This rule will be effective July 9, employees in legal proceedings, 40 CFR notice and public comment. See 5 2001. part 1611, published at 66 FR 17364 U.S.C. 553(a)(2). This rule provides Under section 307(b)(1) of the Clean (March 30, 2001) does not define immediate clarifying guidance Air Act, petitions for judicial review of ‘‘employee.’’ The CSB has determined pertaining to CSB employee testimony. this action must be filed in the United that for the purpose of part 1611 (as well As such, the CSB finds that good cause States Court of Appeals for the as part 1612, ‘‘Production of Records in exists for making the regulation effective appropriate circuit by July 9, 2001. Legal Proceedings’’) ‘‘employee’’ should immediately upon publication. See 5 Filing a petition for reconsideration by be defined to include all those who U.S.C. 553(b)(3)(B). the Administrator of this final rule does undertake work for the CSB and who Compliance With Other Laws not affect the finality of this rule for the may come into contact with protected purposes of judicial review nor does it information. Thus ‘‘employee’’ is Regulatory Planning and Review (E.O. extend the time within which a petition defined to include: current or former 12866) CSB Board Members or employees, for judicial review may be filed, and This regulation is not a significant shall not postpone the effectiveness of including student interns, and contractors, contract employees, or rule and is not subject to review by the such rule or action. This action may not Office of Management and Budget under be challenged later in proceedings to consultants (and their employees). But it is made clear that this definition does Executive Order 12866. enforce its requirements. (See section (1) This regulation will not have an 307(b)(2).) not include persons who are no longer employed by or under contract to the effect of $100 million or more on the List of Subjects in 40 CFR Part 62 CSB, and who are retained or hired as economy. This regulation regulates how Environmental protection, Air expert witnesses or agree to testify about and when CSB employee testimony may pollution control, Intergovernmental matters that do not involve their work be provided in certain situations. As relations, Methane, Municipal solid for the CSB. such, it will not adversely affect in a waste landfills, Nonmethane organic Other agencies have included a material way the economy, productivity, compounds, Reporting and similarly broad definition of employee competition, jobs, the environment, recordkeeping requirements. for this purpose. See, e.g., Federal public health or safety, or State, local, Energy Regulatory Commission, 18 CFR or Tribal governments or communities. Dated: April 19, 2001. 388.111; Department of State, 22 CFR (2) This regulation will not create a William J. Muszynski, 172.1; USAID, 22 CFR 206.1; Overseas serious inconsistency or interfere with Acting Regional Administrator, Region 2. Private Investment Corporation, 22 CFR an action taken or planned by another [FR Doc. 01–11829 Filed 5–9–01; 8:45 am] 713.10; Department of the Navy, 32 CFR agency. BILLING CODE 6560–50–P 725.4; and U.S. Postal Service, 39 CFR (3) This regulation does not alter the 265.13. Moreover, CSB contractors are budgetary effects or entitlements, grants, already required to sign non-disclosure user fees, or loan programs or the rights CHEMICAL SAFETY AND HAZARD agreements, prohibiting them from or obligations of their recipients. INVESTIGATION BOARD disclosing in any forum (except to CSB (4) This regulation is consistent with employees) trade secret or confidential well-established constitutional and 40 CFR Part 1611 business information obtained in their statutory principles and does not raise work for the CSB. novel legal or policy issues. Testimony by Employees in Legal The need for this broad definition of Regulatory Flexibility Act Proceedings employee is even more necessary at the The CSB certifies that this regulation AGENCY: Chemical Safety and Hazard CSB because, pursuant to 42 U.S.C. will not have a significant economic Investigation Board. 7412(r)(6)(G), no part of the conclusions, findings or recommendations of the CSB effect on a substantial number of small ACTION: Final rule. relating to an accidental release or the entities under the Regulatory Flexibility SUMMARY: This rule amends 40 CFR part investigation thereof, may be admitted Act (5 U.S.C. 601 et seq.). This 1611 (Testimony by Employees in Legal as evidence or used in any suit or action regulation merely regulates how and Proceedings), published at 66 FR 17364 for damages growing out of any matter when CSB employees may testify in (March 30, 2001). Part 1611 provides the mentioned in such report. certain situations. (2) Amendment to section 1611.6. The Chemical Safety and Hazard Small Business Regulatory Enforcement current rule pertaining to former Investigation Board’s (CSB) policy Fairness Act concerning testimony of CSB employees employees is clarified to include a This regulation is not a major rule in legal proceedings. This rule amends requirement that any former employee under 5 U.S.C. 804(2), the Small § 1611.2 (Definitions) to add a definition who is served with a subpoena to Business Regulatory Enforcement of ‘‘employee’’ and amends § 1611.6 appear and testify in connection with Fairness Act. Because this regulation (Testimony of former CSB employees) to civil litigation that relates to his or her only regulates how and when CSB add a requirement that former work with the CSB, shall immediately employees may testify in certain employees notify the CSB General notify the CSB General Counsel and situations, this regulation: Counsel when they are served with a provide all information requested by the a. Does not have an annual effect on subpoena relating to work performed for General Counsel. This clarification is the economy of $100 million or more. the CSB. necessary to give notice to former employees of their obligation in this b. Will not cause a major increase in DATES: This rule is effective May 10, regard, and to provide the agency with costs or prices for consumers, 2001. advance notice of a potential problem. individual industries, Federal, State, FOR FURTHER INFORMATION CONTACT: Public Comment Procedures: Because local government agencies or geographic Raymond C. Porfiri, (202) 261–7600. this rule amends an internal policy for regions.
VerDate 11
c. Does not have a significant adverse List of Subjects DEPARTMENT OF HEALTH AND effect on competition, employment, HUMAN SERVICES investment, productivity, innovation or Administrative practice and the ability of U.S.-based enterprises to procedure, Freedom of information, Administration for Children and compete with foreign-based enterprises. Government employees, Investigations, Families Testimony of employees. Unfunded Mandates Reform Act 45 CFR Part 270 For the reasons stated in the This regulation does not impose an preamble, the Chemical Safety and RIN 0970–AC06 unfunded mandate on State, local, or Hazard Investigation Board amends 40 tribal governments or the private sector CFR part 1611 as follows: High Performance Bonus Awards of more than $100 million per year. This Under the TANF Program regulation does not have a significant or PART 1611—TESTIMONY BY AGENCY: Administration for Children unique effect on State, local or tribal EMPLOYEES IN LEGAL and Families, HHS. governments or the private sector PROCEEDINGS because this regulation only regulates ACTION: Interim final rule; request for how and when CSB employees may 1. The authority citation for part 1611 comments. testify in certain situations. A statement continues to read as follows: containing the information required by SUMMARY: The final rule covering the the Unfunded Mandates Reform Act (2 Authority: 5 U.S.C. 301, 42 U.S.C. Temporary Assistance for Needy U.S.C. 1531 et seq.) is not required. 7412(r)(6)(G). Families (TANF) high performance bonuses to States in FY 2002 and 2. Amend § 1611.2 to add a new Takings (E.O. 12630) beyond was published August 30, 2000 definition paragraph as follows: (65 FR 52814). This interim final In accordance with Executive Order § 1611.2 Definitions. regulation further implements the child 12630, this regulation does not have care measure, one of the measures on * * * * * significant takings implications. A which we will award bonuses to States takings implication assessment is not Employee, for the purpose of this part in FY 2002 and FY 2003. required. and part 1612 of this chapter, refers to Specifically, we explain how we will Federalism (E.O. 13132) current or former CSB Board Members compute scores and rank States on the or employees, including student interns, affordability component using four The CSB has determined this and contractors, contract employees, or income ranges and a comparison of the regulation conforms to the Federalism consultants (and their employees). This number of children eligible under the principals of Executive Order 13132. It definition does not include persons who State’s income limits compared to the also certifies that to the extent a are no longer employed by or under federal eligibility limits. We also specify regulatory preemption occurs, it is contract to the CSB, and who are how we will compute scores and rank because the exercise of State and Tribal retained or hired as expert witnesses or States for the child care quality authority conflicts with the exercise of agree to testify about matters that do not component based on new reporting Federal authority under the U.S. involve their work for the CSB. requirements for market rate surveys for Constitution’s Supremacy Clause and child care. 3. Amend § 1611.6 to redesignate the Federal statute. This regulation is, DATES: Effective date: This interim final however, restricted to the minimum existing text as paragraph (a) and to add rule is effective on May 10, 2001, except level necessary to achieve the objectives a new paragraph (b) as follows: for § 270.4(e)(2)(ii) which requires an of 5 U.S.C. 301 pursuant to which this information collection that is not yet regulation is promulgated. § 1611.6 Testimony of former CSB employees. approved by the Office of Management Civil Justice Reform (E.O. 12988) and Budget (OMB). We will publish a (a) * * * document in the Federal Register In accordance with Executive Order (b) Any former employee who is announcing the effecitve date of 12988, the CSB has determined that this served with a subpoena to appear and § 270.4(e)(2)(ii) when the additional regulation does not unduly burden the testify in connection with civil litigation data collection requirement is approved judicial system, and does meet the that relates to his or her work with the by OMB. requirements of section 3(a) and 3(b)(2) CSB, shall immediately notify the CSB Comment period: You may submit of the Order. General Counsel and provide all comments through July 9, 2001. We will Paperwork Reduction Act information requested by the General not consider comments received after Counsel. this date. This regulation contains no reporting ADDRESSES: You may mail comments to or recordkeeping requirements which Dated: May 1, 2001. the Administration for Children and require approval by the Office of Christopher W. Warner, Families, Child Care Bureau, 330 C Management and Budget under 44 General Counsel. Street SW., Room 2046, Washington, DC U.S.C. 3510 et seq. [FR Doc. 01–11791 Filed 5–9–01; 8:45 am] 20447. Attention: Gail Collins. National Environmental Policy Act BILLING CODE 6350–01–U Commenters may also provide (NEPA) comments on the ACF website. Electronic comments must include the This regulation does not constitute a full name, address and organizational major Federal action significantly affiliation (if any) of the commenter. affecting the quality of the human This interim rule is accessible environment under NEPA, 42 U.S.C. electronically via the Internet from the 4321 et seq. A detailed statement under ACF Welfare Reform Home Page at the NEPA is not required. http:www.acf.dhhs.gov/news/welfare.
VerDate 11
FOR FURTHER INFORMATION CONTACT: Gail for in their own homes or in the homes income families and are a critical part Collins, Acting Deputy Commissioner, of relatives; of a successful welfare reform program. Administration for Children, Youth and (2) End the dependence of needy We stated in the preamble to the final Families at (202) 205–8347. Ms. parents on government benefits by rule that we planned to engage States Collins’s e-mail address is: promoting job preparation, work, and and others, particularly data experts, in [email protected]. marriage; discussions regarding the technicalities (3) Prevent and reduce the incidence SUPPLEMENTARY INFORMATION: of implementing key elements of the of out-of-wedlock pregnancies and child care measure. While there were Table of Contents establish annual numerical goals for many comments in support of a child I. Background preventing and reducing the incidence care measure, there was no opportunity A. The Temporary Assistance for Needy of these pregnancies; and for detailed consultation or public Families Program. (4) Encourage the formation and comment on the technical aspects of the B. Summary of the Statutory Provisions maintenance of two-parent families. Related to the High Performance Bonus new measure, as it had not been Section 403(a)(4)(B) of the Act included in the NPRM. Awards. specifies that the bonus award for a C. High Performance Bonus Regulations. We particularly wanted to obtain the II. The Child Care Measure fiscal year will be based on a State’s States’ views on, and information about, A. Summary of the Child Care Measure in performance in the previous fiscal year issues for which we lacked specific the Final Rule. and may not exceed five percent of the knowledge, such as State data systems. B. Consultation with States and Other State’s family assistance grant. We stated that we planned to hold these Organizations. Section 403(a)(4)(C) of the Act consultations and issue details C. Changes Made in this Interim Final requires the Department to develop a Rule. regarding the components of this formula for measuring State measure by the end of the calendar year. III. Justification for an Interim Final Rule performance in consultation with the IV. Regulatory Impact Analyses II. The Child Care Measure A. Executive Order 12866. National Governors’ Association and the B. Regulatory Flexibility Analysis. American Public Welfare Association, A. Summary of the Child Care Measure C. Assessment of the Impact on Family now known as the American Public in the Final Rule Well-Being. Human Services Association. D. Paperwork Reduction Act. Section 403(a)(4)(D) of the Act The final rule provided that $10 E. Unfunded Mandates Reform Act of 1995. requires the Secretary to use the formula million would be allocated annually for F. Congressional Review. developed to assign a score to each bonus awards under the child care G. Executive Order 13132. eligible State for the fiscal year measure. The specific provisions of the I. Background preceding the bonus year and prescribe measure appear at § 270.4(e) of the final a performance threshold as the basis for rule. See regulatory text at the end of A. The Temporary Assistance for Needy awarding the bonus. Section this document. Families Program 403(a)(4)(D) of the Act also specifies that Briefly, the measure includes three Title I of the Personal Responsibility $1 billion (or an average total of $200 components: and Work Opportunity Reconciliation million each year) will be awarded over • Child care accessibility, as Act of 1996, Pub. L. 104–193, five years, beginning in FY 1999. measured by the percent of children, established the Temporary Assistance eligible under the Child Care and C. High Performance Bonus Regulations for Needy Families (TANF) program Development Fund (CCDF) under title IV–A of the Social Security On December 6, 1999, we published requirements, who are receiving Act (the Act), 42 U.S.C. 401 et seq. a Notice of Proposed Rulemaking services, including eligible children TANF is a block grant program designed (NPRM) covering the bonus awards in served with additional funds; to make dramatic reforms in the nation’s FY 2002 and beyond. The NPRM • Child care affordability, based on a welfare system. Its focus is on moving proposed the measures, the formula for comparison of reported assessed family recipients into work and turning welfare allocating funds, and the data sources, co-payment to reported family income; into a program of temporary assistance, methodologies, and specifications for and • preventing and reducing the incidence each measure. The final rule, published Child care quality, as indicated by of out-of-wedlock births, and promoting on August 30, 2000 (65 FR 52814), a comparison of the actual amounts paid stable two-parent families. Other key provided that we would base the for children receiving CCDF subsidies to features of TANF include provisions bonuses in FY 2002 and beyond on four local market rates in the State. that emphasize program accountability work measures; a measure on family We will base the bonus awards for FY through financial penalties and rewards formation and stability; and three 2002 on a composite ranking of State for high performance. measures that support work and self- scores on accessibility and affordability. sufficiency, i.e., participation by low- We will base the bonus awards for FY B. Summary of the Statutory Provisions income working families in the Food 2003 on a composite ranking of Related to the High Performance Bonus Stamp Program, participation in the accessibility, affordability, and quality. Section 403(a)(4) of the Act requires Medicaid and State Children’s Health The weights of the various components the Secretary to award bonuses to ‘‘high Insurance Program (SCHIP), and a child in computing the composite score are performing States.’’ (Indian tribes are care measure. The methodologies and specified in § 270.4(e). not eligible for these bonuses.) The term specification for all of the measures, No new data collection is required in ‘‘high performing State’’ is defined in except for the child care measure, were order to compete on the two section 403(a)(4) of the Act to mean a completely specified in the final rule. components of the child care measure in State that is most successful in Although it had not been proposed in FY 2002. We will use existing CCDF achieving the purposes of the TANF the NPRM, we added the child care data and Census Bureau data as the data program as specified in section 401(a) of measure in the final rule since we source for family incomes at 85 percent the Act. These purposes are to— strongly agreed with commenters that of the State’s median income, i.e., the (1) Provide assistance to needy child care subsidies or assistance Federal eligibility limit in the CCDF families so that children may be cared represent an essential support for low- program. We will also calculate the
VerDate 11
percentage of potentially-eligible workgroup members for review prior to are included in the data reported on the children served by dividing the number each conference call and had extensive ACF–800 and the ACF–801.’’ of children served with ‘‘pooled’’ funds, follow-up discussions. The advocate No additional guidance or that is, CCDF funds (including transfers workgroup, made up of representatives specifications are needed to implement from TANF) and any other funds States of approximately 10 organizations, met this component. We will use data from use to serve eligible children, by the twice in two months by similar the ACF–800 and ACF–801 to compute number of children eligible under the conference calls. In addition, the Child scores and rank States. Federal criteria. Care Bureau in ACF requested input The Affordability Component For bonus awards FY 2003 and from all States through the regional beyond, we will base the quality offices of ACF and in public There is considerable variation among component on the actual rates States presentations to State representatives. States in the amount of co-payments, pay for children receiving CCDF The consultations focused on the expressed as a percent of income, that subsidies, as reported on the ACF–801, following major issues: parents are asked to pay at different as compared to State data on actual income levels, particularly above the market rates. Accessibility poverty level. In our consultations with • both States and advocate groups, we B. Consultations With States and Other Were the data readily available? • What did States need to know to were encouraged to look at affordability Organizations ‘‘pool’’ data properly? for families at several different In determining the specifications for increments of income. the affordability component, we were Affordability Therefore, we specify in § 270.4(e)(3) aware that States have tremendous • What was the effect of using the that we will compare family income to flexibility in setting sliding fee scales State’s Median Income as a standard for the assessed State co-payment for child under the regulations governing the this component? care, based on four income ranges. CCDF program which they use to • Did it matter how States define These income ranges refer to balance different needs and make child ‘‘income’? percentages of the Federal Poverty care affordable for families at a range of • What income levels, if any, should Guidelines for a family of three persons. incomes. How to fairly score and rank be used in this component? The income ranges are as follows: States in light of the diversity in State • How should we address family size • Income below the poverty level; practice was one of the major issues on in the calculations? • Income at least 100 percent and which we sought further advice. below 125 percent of poverty; The market rate survey and the data Quality • Income at least 125 percent and collected as a part of the survey were • How reliable are the data collected below 150 percent of poverty; and also issues on which we sought advice. by the States in their market rate • Income at least 150 percent and The CCDF statute requires States to surveys? below 175 percent of poverty. conduct a market rate survey • What types of child care should be For a family of three in FY 2001, periodically as a way of monitoring compared? 100 percent of the Federal Poverty their program, but there is no • How could this component account Guidelines is $14,150; consistency in how States conduct these for States with large rural populations as 125 percent of the Federal Poverty surveys, and we have not required compared to States with large urban Guidelines is $17,687; States to submit their surveys or the centers? 150 percent of the Federal Poverty survey results to ACF. In the preamble Guidelines is $21,225; and C. Changes Made in this Interim Final 175 percent of the Federal Poverty to the final rule, we stated that we Rule would consult with States and other Guidelines is $24,762. experts on the market rate data States As a result of our consultations, we Although the maximum allowable would need to submit in order to are amending the child care measure to income eligibility limit for child care is compete on this measure, the process add the following clarifications and based on State Median Income (e.g., 85 for submitting the data, and the specifications. percent of the SMI), we were encouraged in our consultations to use methodology we would use for ranking The Accessibility Component States on this component. percent of the poverty level for this Beginning in October, 2000, we In the final rule, we referenced the comparison between family income and contacted all States and approximately ACF–696 financial reporting form as the assessed family co-payments. The 30 advocacy organizations, including source of the information on the poverty level remains constant across agencies and organizations that had counting of children served by ‘‘pooled’’ States, while the SMI varies from State commented on this issue in the NPRM, funds. We are taking this opportunity to to State. inviting them to consult with us on update § 270.4(e)(1)(i) to delete the We were also encouraged to consider issues related to the child care measure. reference to the ACF–696 and replace it family size in the measure of At the first consultation meeting, we with a reference to the recently revised affordability. However, family size is asked for individuals to participate in ACF–800 and ACF–801. These two not currently included in the data intensive discussions over the next two reporting forms are now better sources reported by States on the ACF 800 or months. of the data on the number of children 801. Therefore, we have chosen not to We established two child care served with all sources of funds used by require this information at this time workgroups—one for State agency staff the State. We believe this change is not because it would result in additional and the other for representatives of only an update for accuracy, but also data collection and reporting burden. advocacy and other agencies and will avoid confusion in the future. We We have selected these income ranges organizations. are deleting the phrase ‘‘including any that refer to percentages of poverty for The State workgroups, made up of such eligible children served with a family of three for comparison of approximately 20 State representatives, additional funds reported on the ACF– assessed co-payments across States met on five occasions by conference 696 financial reporting form’’ and because existing State data indicate that call. We faxed information to the replacing it with the words ‘‘and who the majority of families are receiving
VerDate 11
care for only one or two children. While the four income ranges, the average of based and non-center-based care. Each some States establish their income the ratios of family co-payment to State will be ranked on each of the two eligibility limits below 175 percent of family income for each individual averages. The two rankings will be the Federal Poverty Guidelines, all family. Next, we will calculate a fifth combined to obtain the State’s final States are serving some larger ratio of the number of children eligible score on this component. households with incomes up to $25,000, under the State’s defined income limits III. Justification for This Interim Final which equals approximately 175 compared to the number of children Rule percent of the Federal Poverty eligible under the Federal eligibility Guidelines for a family of three. limits in the CCDF, i.e., 85 percent of The time frames for implementing However, we are limited in our ability the State’s median income. Finally, we and operationalizing the high to measure and compare co-payments will rank each State based on each of performance bonus award system are across States for families with income the five ratios and will combine the five extremely short. It became clear, even as levels beyond $25,000 because some rankings for each State to obtain the we published the final high States are serving few families beyond State’s score on this component. performance bonus rule in August, this point. 2000, that States would need immediate Limiting our measure of average co- The Quality Component and additional guidance, clarification, payments to families earning up to We specify in § 270.4(e)(5) that we and specificity about our expectations $25,000 could potentially disadvantage will compare the actual rates paid by in order to make program decisions, States that choose to serve families with the State as reported on the ACF–801 collect data, and prepare themselves to higher incomes. We know that some (not the published maximum rates) to compete successfully for child care States make use of modest co-payments the market rates applicable to the bonuses in FY 2002 and FY 2003. across a broad range of income in order performance year. In order to have the However, it was equally clear that in to extend eligibility higher up the data to make this comparison, we are order to arrive at a reliable and workable income scale. Families above the State’s requiring that, if a State wishes to measurement system, it was necessary income guidelines would not be eligible compete on this measure, it must submit to consult extensively with the National to be served at all and would, therefore, two specific items of information from Governors’ Association (NGA), the pay 100 percent of the cost of care. its market rate survey. The two items American Public Human Services States serving households above are: Association (APHSA), States, and $25,000 could have lower than average • Age-specific rates for children 0–13 others, which we did through early co-payments across the range of years of age as reported by the child care December. The provisions of this incomes that they serve, but this would centers and family day care homes interim final rule reflect the information not be captured in the measure that responding to the State’s market rate and recommendations we received in examines co-payments only up to survey; and these consultations. $25,000. For example, State A has • the provider’s county or, if the State We have determined that publication established an income eligibility limit of uses multi-county regions to measure of an NPRM is unnecessary, impractical, $24,000 for a family of three. State B has market rates or set maximum payment and not in the public interest. We established an income limit of $28,000 rates, the administrative region. believe it is in the public interest to for a family of the same size, and a co- We have selected the parameters of have the maximum possible number of payment rate of 11 percent of family age of child, type of provider, and States compete for bonuses under the income. Although a family with an location of provider, because the rates TANF program and that they be able to annual income below $24,000 might charged by providers (that is market structure their programs to successfully face higher co-payments in State B than rates) vary substantially based on these compete on each of the bonus measures. in State A, a family with income above factors. States must take these factors Without the additional information $24,000 would be ineligible in State A. into account when setting payment rates contained in this interim final rule, A family in State A with an annual that assure equal access to the full range States will not know how they will be income of $26,000 would pay 100 of provider types for children from 0– ranked on the child care affordability percent of the cost of care, which would 13 years of age. measure in FY 2002. The performance likely be 20 percent or more of annual In § 270.4(e)(6), we specify how we year for FY 2002 is FY 2001, the current income. A family with the same income will compute the scores and rank States fiscal year. Unless States are given this in State B would have an assessed co- on this component. We will compute information in a timely way, they will payment rate of only 11 percent. the percentile of the market represented be unable to have an opportunity to In order to address this diversity, our by the amount paid for each child as make program changes or take other methodology also addresses State effort reported on the ACF–801 by comparing actions in this fiscal year to prepare to provide access to affordable co- the actual payment for each child to the themselves to compete on this measure. payments to a broader range of families. array of reported market rates for There is insufficient time to issue both As a part of the affordability component, children of the same age in the relevant an NPRM and a final rule and still we will also rank States based on the county or administrative region. provide States with enough advance ratio of the number of children eligible (Payments for children in center-based notice to be able to make changes in under the State-defined income limits, care will be compared to reported center time to have them be operational during as specified in the State CCDF Plan, care rates; payments for children in non- the performance year. compared to the number of children center-based care, i.e., family day care Moreover, unless this information is eligible under the Federal eligibility and unlicensed child care, will be issued as a final rule, States will not limit for the CCDF (85% of State’s compared to reported family child care know what information they must median income (SMI)). provider rates.) collect as a part of their child care In § 270.4(e)(4), we clarify how we Finally, we will take the percentile market rate surveys in order to compete will compute the scores and rank the that results from the per-child successfully in FY 2003. States are only States on this component. We specify comparison of the actual payment to the required to conduct these surveys every that, for each State competing on this reported market rates and compute two years. Since some States are measure, we will calculate, for each of separate State-wide averages for center- conducting their market rate surveys in
VerDate 11
FY 2001, it is crucial to advise them million or more in any one year, flexibility to design programs to serve quickly about what types of data they according to section 3(F)(1) of the these purposes. would need to collect in order that they Executive Order. We believe the cost of D. Paperwork Reduction Act can design and conduct their FY 2001 competing for a high performance bonus surveys in a way that will enable them award in FY 2002 should be minimal Under the Paperwork Reduction Act to compete for the child care bonus in since competition for these awards will of 1995 (PRA), no persons are required FY 2003. be based, to the extent possible, on to respond to a collection of information Finally, we believe issuance of an existing data sources. This interim final unless it displays a valid OMB control NPRM is unnecessary because we have rule was determined to be significant number. As required by the PRA, we consulted with the States and others and has been reviewed by the Office of will submit the data collection who commented on the earlier NPRM Management and Budget. requirements to OMB for review and about the issues covered by this interim approval. B. Regulatory Flexibility Analysis final rule and received their input. We In FY 2002, no additional reporting have incorporated their concerns in this The Regulatory Flexibility Act (5 burden will be required of the States in interim final rule. U.S.C. Ch. 6) requires the Federal competing on the child care measure In spite of the need to advise States government to anticipate and reduce the since we will rank States based on data immediately, we are sensitive to the impact of rules and paperwork they currently report under the CCDF issue of public notice and comment. For requirements on small businesses and program (ACF Forms 800 and 801). that reason we invite comment on these other small entities. Small entities are However, there will be a reporting proposals for the next 60 days. defined in the Act to include small burden for the information States must businesses, small non-profit IV. Regulatory Impact Analyses submit if they wish to compete on the organizations, and small governmental child care measure in FY 2003. States A. Executive Order 12866 entities. This rule will affect only the 50 must provide the following information States, the District of Columbia, and Executive Order 12866 requires that based on the child care market rate certain Territories. Therefore, the regulations be drafted to ensure that surveys that they currently conduct Secretary certifies that this rule will not they are consistent with the priorities every two years: and principles set forth in the Executive have a significant impact on small • All age-specific rates for children 0– Order. The Department has determined entities. that this interim final rule is consistent 13 years of age reported by the child day C. Assessment of the Impact on Family with these priorities and principles. care centers and family day care homes Well-Being The Executive Order encourages responding to the State’s market rate agencies, as appropriate, to provide the We certify that we have made an survey; and public with meaningful participation in assessment of this rule’s impact on the • The provider’s county or, if the the regulatory process. As described well-being of families, as required under State uses multi-county regions to earlier, ACF consulted with States, their section 654 of The Treasury and General measure market rates or set maximum representative organizations, and a Appropriations Act of 1999. The high payment rates, the administrative broad range of advocacy groups, performance bonus awards are a region. researchers, and others to obtain their statutory part of the TANF program and We estimate the reporting burden for views. This rule reflects the discussions are designed to reward State efforts in reporting these data once every two with, and the concerns of, the groups strengthening the economic and social years to be 40 hours per respondent with whom we consulted. stability of families and carrying out times 54 respondents, or 2,160 hours. This interim final rule will not have other purposes in the statute. This Annualized, this equals a total burden an effect on the economy of $100 interim final rule does not limit State of 1,080 hours as shown below:
Annual Number of number of Average Total annual Instrument or requirement respondents responses per burden hours burden hours respondent per response
Abstract of Market Rate Survey ...... 54 0.5 40 1,080
Estimated Total Annual Burden Hours ...... 1,080
We will submit this information to the aggregate, or by the private sector, of We have determined that this interim OMB for approval. These requirements $100 million or more in any one year. final rule will not result in the will not become effective until approved If a covered agency must prepare a expenditure by State, local, and Tribal by OMB. budgetary impact statement, section 205 governments, in the aggregate, or by the E. Unfunded Mandates Reform Act of further requires that it select the most private sector, of more than $100 1995 cost-effective and least burdensome million in any one year. Competition for alternative that achieves the objectives a high performance bonus is entirely at Section 202 of the Unfunded of the rule and is consistent with the State option. Accordingly, we have not Mandates Reform Act of 1995 statutory requirements. In addition, prepared a budgetary impact statement, (Unfunded Mandates Act) requires that section 203 requires a plan for specifically addressed the regulatory a covered agency prepare a budgetary informing and advising any small alternatives considered, or prepared a impact statement before promulgating a governmental entity that may be plan for informing and advising any rule that includes any Federal mandate significantly or uniquely impacted by significantly or uniquely impacted State that may result in the expenditure by the proposed rule. or small government. State, local, and Tribal governments, in
VerDate 11
F. Congressional Review Dated: March 14, 2001. (ii) Income at least 100 percent and Diann Dawson, below 125 percent of poverty; This interim final rule is not a major Acting Principal Deputy Assistant Secretary, (iii) Income at least 125 percent and rule as defined in 5 U.S.C., Chapter 8. Administration for Children and Families. below 150 percent of poverty; and (iv) Income at least 150 percent and G. Executive Order 13132 Approved: April 10, 2001. Tommy G. Thompson, below 175 percent of poverty. On August 4, 1999, the President (4)(i) For the affordability component, Secretary, Department of Health and Human we will calculate, for each income issued Executive Order 13132, Services. range, the average of the ratios of family ‘‘federalism.’’ The purposes of the Order For the reasons set forth in the are: ‘‘to guarantee the division of co-payment to family income for each preamble, we are amending 45 CFR family served; and governmental responsibilities between Chapter II as follows: (ii) We will calculate a ratio of the the national government and the States number of children eligible under the PART 270—HIGH PERFORMANCE that was intended by the Framers of the State’s defined income limits compared BONUS AWARDS Constitution, to ensure that the to the number of children eligible under principles of federalism established by 1. The authority citation for part 270 the Federal eligibility limits in the the Framers guide the executive continues to read as follows: CCDF, i.e., 85 percent of the State’s departments and agencies in the median income. Authority: 42 U.S.C. 603(a)(4). formulation and implementation of (iii) We will rank each State based on policies, and to further the policies of 2. In § 270.4, paragraph (e) is revised each of the four averages calculated in the Unfunded Mandates Reform to read as follows: paragraph (e)(4)(i) of this section and Act.* * *’’ the ratio calculated in paragraph § 270.4 On what measures will we base the We certify that this final rule does not (e)(4)(ii) of this section and combine the bonus awards? ranks to obtain the State’s score on this have a substantial direct effect on States, * * * * * on the relationship between the Federal component. (e) Child care subsidy measure. (1) (5) For the quality component government and the States, or on the Beginning in FY 2002, we will measure specified in paragraph (e)(2)(ii) of this distribution of power and State performance based upon a section, in FY 2003 and beyond, we will responsibilities among the various composite ranking of: compare the actual rates paid by the levels of government. The final rule (i) The accessibility of services based State as reported on the ACF–801 (not does not pre-empt State law and does on the percentage of children in the the published maximum rates) to the not impose unfunded mandates. State who meet the maximum allowable market rates applicable to the This rule does not contain regulatory Federal eligibility requirements for the performance year, i.e., FY 2002. Each policies with federalism implications Child Care and Development Fund State competing on this measure must that would require specific (CCDF) who are served by the State submit the following data as a part of its consultations with State or local elected during the performance year, and who market rate survey: officials. The statute, however, requires are included in the data reported on the (i) Age-specific rates for children 0–13 consultations with the National ACF–800 and ACF–801 for the same years of age reported by the child care fiscal year; and Governors’ Association and the centers and family day care homes (ii) The affordability of CCDF services American Public Human Services responding to the State’s market rate based on a comparison of the reported Association in the development of a survey; and assessed family co-payment to reported (ii) The provider’s county or, if the high performance bonus system. Prior to family income and a comparison of the State uses multi-county regions to the development of the NPRM and this number of eligible children under the measure market rates or set maximum interim final rule, we consulted with State’s defined income limits to the payment rates, the administrative representatives of these organizations, number of eligible children under the region. State representatives and a broad range federal eligibility limits. (6) For the quality component, we of nonprofit, advocacy, and community (2) Beginning in FY 2003, we will will compute the percentile of the organizations; foundations; and others. measure State performance based upon market represented by the amount paid a composite ranking of: List of Subjects in 45 CFR Part 270 for each child as reported on the ACF– (i) The two components described in 801 by comparing the actual payment Grant programs—social programs; paragraph (e)(1) of this section; and for each child to the array of reported Poverty; Public assistance programs; (ii) The quality of CCDF services market rates for children of the same age Reporting and recordkeeping based on a comparison of in the relevant county or administrative requirements. reimbursement rates during the region. (We will compare payments for performance year to the market rates, children in center-based care to reported Catalogue of Federal Domestic Assistance determined in accordance with 45 CFR center care provider rates. We will Programs: No. 93.558 Temporary Assistance 98.43(b)(2), applicable to that year. compare payments for children in non- for Needy Families (TANF) Program; State (3) For the affordability component in center-based care, i.e., family day care Family Assistance Grants; Tribal Family paragraph (e)(1)(ii) of this section, we and unlicensed child care, to reported Assistance Grants; Assistance Grants to will compare family income to the family child care provider rates.) Territories; Matching Grants to Territories; assessed State family co-payment as (i) We will take the percentile that Supplemental Grants for Population reported on the ACF–801 across four results from the per-child comparison of Increases; Contingency Fund; High income ranges. These income ranges the actual payment to the reported Performance Bonus; Decrease in Illegitimacy refer to percentages of the Federal market rates and compute separate Bonus) Poverty Guidelines for a family of three State-wide averages for center-based and persons. The income ranges are as non-center-based care; and follows: (ii) We will rank the State according (i) Income below the poverty level; to the two State-wide averages and
VerDate 11
combine the ranks to obtain the State’s audit procedures to reflect our current language in government writing of June score on this component. practices. The intended effect of this 1, 1998, require each agency to write all (7) For any given year, we will rank rulemaking is to improve our audit rules in plain language. The Department the States that choose to compete on the appeals process by updating and of Transportation and MARAD are child care measure on each component clarifying the regulations. committed to plain language in of the overall measure and award DATES: The effective date of this final government writing; therefore, we bonuses to the ten States with the rule is June 11, 2001. revised part 205 using plain language to highest composite rankings. FOR FURTHER INFORMATION CONTACT: Mr. provide easier understanding. Our goal (8) We will calculate each component Lennis G. Fludd, Office of Financial and is to improve the clarity of our score for this measure to two decimal Rate Approvals, (202) 366–2324. You regulations. points. If two or more States have the may send mail to Mr. Fludd at Maritime Rulemaking Analyses and Notices same score for a component, we will Administration, Office of Financial and calculate the scores for these States to as Rate Approvals, Room 8117, 400 Executive Order 12866 and DOT many decimal points as necessary to Seventh Street, SW, Washington, DC Regulatory Policies and Procedures eliminate the tie. 20590. We have reviewed this final rule (9)(i) The rank of the measure for the under Executive Order 12866 and have FY 2002 bonus year will be a composite SUPPLEMENTARY INFORMATION: determined that this is not a significant weighted score of the two components Background regulatory action. Additionally, this at paragraph (e)(1) of this section, with final rule is not likely to result in an the component at paragraph (e)(1)(i) of Part 205 establishes the policy and annual effect on the economy of $100 this section having a weight of 6 and the procedure for parties to use when million or more. The purpose of this component at paragraph (e)(1)(ii) of this seeking redress and appeals of audit final rule is to update MARAD’s audit section having a weight of 4. decisions involving contracts with the (ii) The rank of the measure for the Maritime Subsidy Board or MARAD. appeals procedures to reflect current bonus beginning in FY 2003 will be a Part 205 applies to contracts of the MARAD practices and to rewrite the composite weighted score of the three Maritime Subsidy Board and MARAD regulations in plain language. components at paragraph (e)(2) of this which have included, for example, the This final rule is also not significant section, with the component at Operating-Differential Subsidy, under the Regulatory Policies and paragraph (e)(1)(i) of this section having Construction-Differential Subsidy, Procedures of the Department of a weight of 5, the component at Capital Construction Fund, Transportation (44 FR 11034; February paragraph (e)(1)(ii) of this section Construction Reserve Fund, and 26, 1979). The costs and benefits having a weight of 3, and the Maritime Security Program. associated with this rulemaking are component at paragraph (e)(2)(ii) of this We published a notice of proposed considered to be so minimal that no section having a weight of 2. rulemaking (NPRM) on November 16, further analysis is necessary. Because (10) We will award bonuses only to 2000 at 65 FR 69279. The NPRM the economic impact, if any, should be the top ten qualifying States that have proposed revisions to part 205 to reflect minimal, further regulatory evaluation fully obligated their CCDF Matching our current practices of making audit is not necessary. appeals decisions. This final rule Funds for the fiscal year corresponding Regulatory Flexibility Act to the performance year and fully essentially mirrors the NPRM to which This final rule will not have a expended their CCDF Matching Funds we received no public comments. significant economic impact on a for the fiscal year preceding the Accordingly, parties no longer appeal to substantial number of small entities. performance year. the appropriate Coast Director’s office. In the past, auditors were assigned to This final rule only updates procedures [FR Doc. 01–11767 Filed 5–9–01; 8:45 am] regional offices. However, we no longer for appealing audit findings and BILLING CODE 4184–01–P have these auditors. MARAD decisions to the Maritime headquarters is responsible for Administrator. Although a number of overseeing audits as deemed small entities may appeal audit DEPARTMENT OF TRANSPORTATION appropriate. Such audits may be findings, the cost of filing an audit performed by the Office of Inspector appeal with MARAD is minimal, if any. Maritime Administration General. Also, as proposed, we are Therefore, MARAD certifies that this eliminating the discretionary hearing final rule will not have a significant 46 CFR Part 205 afforded appellants (under § 205.2 (b)) economic impact on a substantial [Docket No. MARAD–2000–8284] when appealing to the Maritime number of small entities. Administrator. This final rule includes Federalism RIN 2133–AB42 provisions that give the appellant 90 We have analyzed this final rule in Audit Appeals; Policy and Procedure days from the date of receipt of the initial audit findings to file an appeal accordance with the principles and AGENCY: Maritime Administration, with the appropriate Associate criteria contained in Executive Order Department of Transportation. Administrator and 30 days following the 13132 (‘‘Federalism’’) and have ACTION: Final rule. Associate Administrator’s final audit determined that it does not have appeals decision to submit an appeal in sufficient federalism implications to SUMMARY: The Maritime Administration writing to the Administrator. However, warrant the preparation of a federalism (MARAD, we, our, or us) is updating our the Administrator may, at his or her summary impact statement. These regulations on Audit Appeals; Policy discretion, extend the 30 days in the regulations have no substantial effects and Procedure. The regulations case of extenuating circumstances. on the States, or on the current Federal- establish audit appeal procedures for State relationship, or on the current parties who contract with the Maritime Plain Language distribution of power and Subsidy Board or MARAD. This final Executive Order 12866 and a responsibilities among the various local rule uses plain language to update the Presidential memorandum on plain officials. Therefore, consultation with
VerDate 11
State and local officials was not List of Subjects in 46 CFR Part 205 § 205.4 Finality of decisions. necessary. The Administrator’s decision will be Administrative practice and Environmental Impact Statement the final administrative action on all procedure, Government contracts. audit appeals. We have analyzed this final rule for Accordingly, 46 CFR part 205 is § 205.5 Contracts containing disputes purposes of compliance with the revised to read as follows: National Environmental Policy Act of article. 1969 (42 U.S.C. 4321 et seq.) and have PART 205—AUDIT APPEALS; POLICY When a contract contains a disputes concluded that under the categorical AND PROCEDURE article, the disputes article will govern exclusions provision in section 4.05 of the bases for negotiating disputes Maritime Administrative Order Sec. regarding audit findings, interpretations, (‘‘MAO’’) 600–1, ‘‘Procedures for 205.1 Purpose. or decisions made by MARAD and any Considering Environmental Impacts,’’ 205.2 Policy. appeals. 50 FR 11606 (March 22, 1985), the 205.3 Procedure. Dated: May 2, 2001. 205.4 Finality of decisions. preparation of an Environmental By Order of the Acting Deputy Maritime 205.5 Contracts containing disputes article. Assessment, and an Environmental Administrator. Impact Statement, or a Finding of No Authority: Sec. 204, 49 Stat. 1987, 1998, Joel C. Richard, Significant Impact for this final rule is 2004, 2011; 46 U.S.C. 1114, 1155, 1176, 1212. Secretary, Maritime Administration. not required. This final rule involves administrative and procedural § 205.1 Purpose. [FR Doc. 01–11578 Filed 5–9–01; 8:45 am] BILLING CODE 4910–81–P regulations that have no environmental This part establishes the policy and impact. procedure for parties to use when seeking redress and appeals of audit Executive Order 13175 FEDERAL COMMUNICATIONS decisions involving contracts with the MARAD does not believe that this COMMISSION Maritime Subsidy Board or the Maritime final rule will significantly or uniquely Administration (MARAD, we, our, or affect the communities of Indian tribal 47 CFR PART 73 us). A party to a contract (you or your) governments when analyzed under the may appeal MARAD’s findings, [MM Docket No. 99–25; FCC 01–100] principles and criteria contained in interpretations, or decisions of annual Executive Order 13175 (‘‘Consultation or special audits. Creation of a Low Power Radio Service and Coordination with Indian Tribal Governments’’). Therefore, the funding § 205.2 Policy AGENCY: Federal Communications and consultation requirements of this Commission Executive Order would not apply. If you disagree with audit findings ACTION: Final rule. and fail to settle any differences with Unfunded Mandates Reform Act of 1995 the appropriate Office Director, you may SUMMARY: This document amends our This final rule does not impose an ask the appropriate office Associate Low Power Radio Service (‘‘LPFM’’) unfunded mandate under the Unfunded Administrator to review the audit regulations to implement section 632(a) Mandates Reform Act of 1995. It does findings. If you disagree with the of the ‘‘Making Appropriations for the not result in costs of $100 million or Associate Administrator, you may Government of the District of Columbia more, in the aggregate, to any of the appeal to the Maritime Administrator for FY 2001’’ Act (the ‘‘Act’’). following: State, local, or Native (Administrator). Specifically, the Second Report and American tribal governments, or the Order codifies the Act’s requirements § 205.3 Procedure. private sector. This final rule is the least that the Commission prescribe LPFM burdensome alternative that achieves (a) You have 90 days from the date station third adjacent channel the objective of the rule. you receive the initial audit findings to interference protection standards and file a written request for review of the prohibit the grant of an LPFM station Paperwork Reduction Act audit findings with the appropriate license if the applicant has engaged in This final rule does not contain Associate Administrator. Your written the unlicensed operation of a station in information collection requirements request must state the legal or factual violation of section 301 of the covered by 5 CFR Part 1320 (specifically bases for your disagreement. The Communications Act of 1934, as 5 CFR 1320.3(c)) in that appellants appropriate Associate Administrator amended. This document also defines choose the information to be provided will issue a written determination. the scope of permissible minor in their appeal and may choose to amendments that may be filed by LPFM (b) You have 30 days following the interpret the collection of information applicants outside window filing Associate Administrator’s final audit differently. periods. determination to submit your appeal in Regulation Identifier Number (RIN) writing to the Administrator. Your DATES: Effective June 11, 2001. The Department of Transportation written appeal must set forth the legal FOR FURTHER INFORMATION CONTACT: assigns a regulation identifier number and factual bases for your appeal. The Peter Doyle, Federal Communications (RIN) to each regulatory action listed in Administrator may, at his or her Commission, Mass Media Bureau, the Unified Agenda of Federal discretion, extend the time limitation in Audio Services Division, 445 12 Street, Regulations. The Regulatory Information the case of extenuating circumstances. SW., Washington, DC 20554 (202) 418– Service Center publishes the Unified (c) We will notify you, in writing, if 2700, Internet address: [email protected]. Agenda in April and October of each you must submit additional facts for our SUPPLEMENTARY INFORMATION: This is a year. The RIN number is contained in consideration of the appeal. We will synopsis of the Commission’s Second the heading of this document to cross- notify you, in writing, once the Report and Order, adopted March 22, reference this action with the Unified Administrator has made a decision 2001, and released April 2, 2001. The Agenda. regarding your appeal. complete text of the Second Report and
VerDate 11
Order is available for inspection and accepted and considered as part of the license if the applicant engaged in any copying during normal business hours mutually exclusive application selection manner in the unlicensed operation of in the FCC Reference Center (Room CY– procedures. Ownership amendments any station in violation of section 301 of A257), 445 12 Street, SW., Washington, will be limited to changes where the the Communications Act of 1934, as DC, and also may be purchased from the original parties to an application retain amended. All applications responding Commission’s copy contractor, more than a fifty percent ownership ‘‘No’’ to FCC Form 318, Section III, International Transcription Service, interest in the application as originally Question 8(a) will be dismissed. (202) 857–3800, 1231 20th Street, NW., filed. 5. The Commission does not believe Washington, DC 20036. The 3. Applications impacted by the new that the notice and comment Commission believes that these actions third adjacent channel spacing requirements of section 553 of the are exempt from the notice and requirements are listed in Appendices A Administrative Procedure Act (‘‘APA’’) comment requirements of section 553 of and B of the Second Report and Order. apply to the rule revisions adopted the Administrative Procedure Act, and Appendix A lists those applications herein. We find that the amendments of that the minor amendment rule is a rule which involve short spacings of less the interference protection and of procedure to which notice and than two kilometers. These applicants unlicensed operations rules are exempt comment requirements are inapplicable. may be able to file minor amendments from notice and comment under the to eliminate the prohibited short Synopsis of Order APA’s ‘‘good cause’’ exemption. The spacings. The staff is prepared to assist, third adjacent channel protection 1. With this Second Report and Order, if requested, each of these applicants to requirements adopted were proposed in the Commission implements the Act’s determine whether a feasible site exists the LPFM NPRM, are consistent with requirement that the Commission which would meet both the current full power FM station third prescribe LPFM station third adjacent Commission’s distance separation adjacent channel protection levels, and channel interference protection requirements and the applicant’s service implement a Congressional requirement. standards. We accomplish this needs. Curative minor amendments (site Amendment of the unlicensed operation requirement by including in our rules relocations of less than two kilometers) rule is a non-discretionary action minimum distance separations which must be filed within thirty days of the codifying a Congressional requirement. LPFM applicants must meet with publication of this Summary in the The minor amendment rule is one of respect to full power FM and FM Federal Register. Appendix B lists those procedure to which notice and comment translator stations on third adjacent applications that have third adjacent requirements are inapplicable. channels. We also, in accordance with short spacings of two or more the Act, prohibit any applicant from kilometers. These cannot be cured by Supplemental Final Regulatory obtaining an LPFM station license if the permissible minor amendments filed Flexibility Analysis applicant has engaged in the unlicensed outside an LPFM window. The The Regulatory Flexibility Act operation of a station in violation of Commission therefore directs the staff to (‘‘RFA’’) 1 requires that an agency section 301 of the Communications Act open an additional remedial filing prepare a regulatory flexibility analysis of 1934, as amended. window following the completion of the for notice-and-comment rulemaking 2. The third adjacent channel currently scheduled window process for proceedings. In the Notice of Proposed protection standards affect 652 those applicants listed in Appendices A otherwise technically acceptable LPFM and B. We will retain these applications Rulemaking, Report and Order, and applications that were filed in the first in pending status. The remedial filing Memorandum Opinion and Order, the two LPFM filing windows, rendering window will provide these applications Commission included, respectively, an them short-spaced to existing full power with the opportunity to submit major Initial Regulatory Flexibility Analysis, FM and/or FM translator stations amendments specifying technical Final Regulatory Flexibility Analysis, operating on third adjacent channels. facilities that meet the new spacing and Supplemental Final Regulatory Under well-established processing requirements. Flexibility Analysis. Creation of Low policies, only minor amendments may 4. Appendix C of the Second Report Power Radio Service, MM Docket No. be filed outside the window period. and Order lists those LPFM applications 99–25, Notice of Proposed Rule Making, Although the LPFM rules define the that stated that either the applicant and/ 64 FR 7577 (February 16, 1999), 14 FCC permissible scope of minor changes in or any party to the application engaged Rcd 2471 (1999); Report and Order, 65 authorized facilities, they do not define in the unlicensed operation of any FR 7616 (February 15, 2000), 15 FCC the scope of minor amendments to station in violation of section 301 of the Rcd 2205 (2000); Memorandum Opinion pending applications, an issue now Communications Act of 1934, as and Order, 65 FR 67289 (November 9, critical to the large group of newly amended. Prior to the Second Report 2000), l FCC Rcd l (2000). In this short-spaced applicants. The Second and Order, the Commission’s rules Order, however, the rule changes Report and Order adds new rule permitted the grant of an LPFM station adopted on our own motion in response § 73.871 to permit LP100 applicants to application if the party engaged in to the Act’s mandate do not require a file minor change technical illegal broadcast operations but certified regulatory flexibility analysis. amendments for site relocations of less that it ceased such unlicensed Minimizing Impact on Small Business than two kilometers and to permit LP10 operations within 24 hours of a LPFM Applicants applicants to file minor change Commission directive to do so or, in the technical amendments for site alternative, that it voluntarily ceased LP100 and LP10 stations will be relocations of less than one kilometer. engaging in such operations if no noncommercial, educational stations, Section 73.871 will permit the filing directive was issued no later than and so will not compete with small after the close of the pertinent filing February 26, 1999. The Second Report window of non-technical minor and Order modifies § 73.854 of the 1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601, has amendments that do not improve an LPFM rules and instructs the staff to been amended by the Contract with America Advancement Act of 1996, Public Law No. 104–121, applicant’s comparative position. modify FCC Form 318 to conform the 110 Stat. 847 (1996) (‘‘CWAAA’’). Title II of the Amendments adversely affecting an statutory language prohibiting any CWAAA is the Small Business Regulatory applicant’s comparative position will be applicant from obtaining an LPFM Enforcement Fairness Act of 1996 (‘‘SBREFA’’).
VerDate 11
business commercial broadcasters for Report to Congress § 73.854 Unlicensed operations. advertising revenue. The Commission will send a copy of No application for an LPFM station Need For and Objectives of the the Second Report and Order to may be granted unless the applicant Memorandum Opinion and Order Congress pursuant to the Congressional certifies, under penalty of perjury, that Review Act. See 5 U.S.C. 801(a)(1)(A). neither the applicant, nor any party to In the Report and Order, the In addition, the Commission will send the application, has engaged in any Commission established technical a copy of this Second Report and Order, manner including individually or with standards based on minimum distance to the Chief Counsel for Advocacy of the persons, groups, organizations or other requirements to co-channel, first and Small Business Administration. A copy entities, in the unlicensed operation of second-adjacent channel, and IF of the Second Order and Order (or any station in violation of Section 301 channel spacings to full power FM and summary thereof) will also be published of the Communications Act of 1934, as FM translator stations, and co-channel in the Federal Register pursuant to 5 amended, 47 U.S.C. 301. and first adjacent channel spacings to U.S.C. 604(b). 4. Add § 73.871 to subpart G to read other LPFM stations. The Report and as follows: Order also provided to a limited extent List of Subjects in 47 CFR Parts 73 that applicants previously engaging in Radio broadcasting. § 73.871 Amendment of LPFM broadcast unlicensed operations in violation of station applications. Federal Communications Commission section 301 of the Communications Act (a) New and major change Magalie Roman Salas, of 1934, as amended, would be able to applications may be amended without receive grant of their applications. The Secretary. limitation during the pertinent filing Act modifies the Commission’s prior Regulatory Text window. approach, requiring that the LPFM rules (b) Amendments that would improve be expanded to provide protection to For the reasons discussed in the the comparative position of new and third adjacent channel full power FM preamble, the Federal Communications major change applications will not be and FM translator stations and that the Commission amends 47 CFR part 73 as accepted after the close of the pertinent rules be modified to reject any relief to follows: filing window. applicants previously in violation of the PART 73—RADIO BROADCAST (c) Only minor amendments to new unlicensed station provisions of section SERVICES and major change applications will be 301 of the Communications Act. accepted after the close of the pertinent Significant Alternative Considered 1. The authority citation for part 73 filing window. Subject to the provisions continues to read as follows: of this section, such amendments may The Commission considered an Authority: 47 U.S.C. 154, 303, 334, 336. be filed as a matter of right by the date alternative to its rule governing the specified in the FCC’s Public Notice amendment of pending LPFM 2. Section 73.807 is amended by announcing the acceptance of such applications that such applicants be revising the last sentence in the applications. For the purposes of this permitted to amend their technical introductory text as set forth and by section, minor amendments are limited proposals to specify a different channel revising the fourth column headings of to: that might resolve conflicts with co and the tables in paragraphs (a), (b), (c), and (1) Site relocations of less than one first adjacent channel LPFM new station (d) which previously read ‘‘Second- kilometer for LP10 stations; applications filed in the same filing adjacent channel minimum separation (2) Site relocations of less than two window. This alternative was rejected (km) required’’ to read ‘‘Second- and kilometers for LP100 stations; in the interest of administrative third-adjacent channel minimum (3) Changes in ownership where the orderliness. The expeditious processing separation (km) required.’’ original party or parties to an of the hundreds of applications filed in § 73.807 Minimum distance separation application retain more than a 50 the initial LPFM windows requires a between stations. percent ownership interest in the relatively fixed database of technical application as originally filed; and proposals. Providing the opportunity to * * * For second- and third-adjacent channels and IF channels, the required (4) Other changes in general and/or amend to different channels after the legal information. close of a window makes staff minimum distance separation is (d) Unauthorized or untimely determinations of mutual exclusivity sufficient to avoid interference received amendments are subject to return by the and the administration of the selection from other stations. FCC’s staff without consideration. procedure for these applications * * * * * inherently subject to duplicative 3. Section 73.854 is revised to read as [FR Doc. 01–11763 Filed 5–9–01; 8:45 am] reevaluations. follows: BILLING CODE 6712–01–P
VerDate 11
Proposed Rules Federal Register Vol. 66, No. 91
Thursday, May 10, 2001
This section of the FEDERAL REGISTER that are received on or before June 11, II. Analysis of Proposed Rule contains notices to the public of the proposed 2001. issuance of rules and regulations. The A. Homeownership Set-Aside purpose of these notices is to give interested ADDRESSES: Send written comments to: Programs—§§ 951.3(a), 951.5(a)(7)(iii) persons an opportunity to participate in the Elaine L. Baker, Secretary to the Board, 1. Increase in Maximum Allowable rule making prior to the adoption of the final at the Federal Housing Finance Board, rules. Annual Homeownership Set-Aside 1777 F Street, NW., Washington, DC Amount—§ 951.3(a) 20006. Comments will be available for Section 951.3(a)(1) of the existing inspection at this address. FEDERAL HOUSING FINANCE BOARD AHP regulation provides that each FOR FURTHER INFORMATION CONTACT: Bank, after consultation with its 12 CFR Part 951 Charles E. McLean, Deputy Director, Advisory Council, may set aside annually, in the aggregate, up to the [No. 2001–08] (202) 408–2537, Melissa L. Allen, Program Analyst, (202) 408–2524, Office greater of $1.5 million or 15 percent of RIN 3069–AB04 of Policy, Research and Analysis; or its annual required AHP contribution to Sharon B. Like, Senior Attorney- provide funds to members participating Affordable Housing Program Advisor, (202) 408–2930, Office of in the Bank’s homeownership set-aside Amendments General Counsel, Federal Housing programs. 12 CFR 951.3(a)(1). In cases Finance Board, 1777 F Street, NW., where the amount of homeownership AGENCY: Federal Housing Finance set-aside funds applied for by members Washington, DC 20006. Board. in a given year exceeds the amount ACTION: Proposed rule. SUPPLEMENTARY INFORMATION: available for that year, a Bank may allocate up to the greater of $1.5 million SUMMARY: The Federal Housing Finance I. Statutory and Regulatory Background or 15 percent of its annual required AHP Board (Finance Board) is proposing to Section 10(j)(1) of the Federal Home contribution for the subsequent year to amend its regulation governing the the current year’s homeownership set- operation of the Affordable Housing Loan Bank Act (Bank Act) requires each Bank to establish a program to subsidize aside programs. Id. Program (AHP) to improve the operation The AHP homeownership set-aside the interest rate on advances to and effectiveness of the AHP. The programs have proven to be an efficient members of the Bank System engaged in proposed changes include: increasing and effective means for the Banks and the maximum amount of money that lending for long-term, low- and their members to provide may be set aside annually, in the moderate-income, owner-occupied and homeownership opportunities for low- aggregate, under a Federal Home Loan affordable rental housing at subsidized and moderate-income households, Bank’s (Bank) homeownership set-aside interest rates. See 12 U.S.C. 1430(j)(1). consistent with the goals of the Bank programs to the greater of $3.0 million The Finance Board is required to System and the AHP. Ten Banks or 25 percent of the Bank’s annual promulgate regulations governing the currently offer homeownership set-aside required AHP contribution; removing AHP. See id. The Finance Board’s programs, eight of which set aside the one of the criteria for use of existing regulation governing the maximum amount allowable under the homeownership set-aside funds to pay operation of the AHP, which made current AHP regulation. for counseling costs in order to equalize comprehensive revisions to the AHP, Experience with the homeownership the criteria with that of the competitive was adopted in August 1997 and set-aside programs over the past two AHP application program; permitting became effective January 1, 1998. See 62 years has shown that the demand for members drawn from community and FR 41812 (Aug. 4, 1997) (now codified homeownership set-aside funds for low- not-for-profit organizations actively at 12 CFR part 951). and moderate-income families is such involved in providing or promoting that an increase in the maximum Various amendments have been made community lending in a Bank’s District allowable annual homeownership set- to the AHP regulation since 1998 in to serve on the Bank’s Advisory aside amount is warranted. The Banks Council; making the reconciliation of order to clarify AHP requirements and have demonstrated that there is market AHP fund requirements applicable to improve the operation and effectiveness demand and member demand for any reduction or increase in the amount of the AHP. The Banks and Finance financing for low- and moderate-income of AHP subsidy approved for a project, Board staff have, over the course of homeownership, with most regardless of whether a direct subsidy implementation of the AHP, identified homeownership set-aside programs writedown is involved; removing the additional amendments that it is being oversubscribed within the first requirement for annual project sponsor believed would improve the operation three to seven months of the year. In certifications on household income and effectiveness of the AHP. The 2000, the Finance Board approved a eligibility for owner-occupied projects; proposed amendments are discussed waiver request from one Bank to and removing the requirement for further below. The Finance Board increase its maximum allowable member certifications on habitability welcomes written comments on all homeownership set-aside amount to 25 and tenant income and rent targeting aspects of the proposed rule. percent of its total annual AHP commitments within the first year of contribution, a similar waiver request completion of a rental project. for 2001 is pending, and additional DATES: The Finance Board will accept waiver requests of a similar nature from written comments on the proposed rule other Banks are anticipated.
VerDate 11
The homeownership set-aside addition, in cases where the amount of (iii) The homeownership set-aside programs also are consistent with the homeownership set-aside funds applied funds are used to pay only for the cooperative structure of the Bank for by members in a given year exceeds amount of such reasonable and System, by involving members in the amount available for that year, the customary costs that exceeds the highest financing the mortgages of low- and proposed rule would allow a Bank to amount the member has spent annually moderate-income households receiving allocate up to the greater of $3.0 million on homebuyer counseling costs within downpayment assistance with or 25 percent of its annual required AHP the preceding three years. 12 CFR homeownership set-aside funds. The contribution for the subsequent year to 951.5(a)(7). homeownership set-aside programs can the current year’s homeownership set- By contrast, § 951.5(b)(5) of the provide an important Bank service for aside programs. existing AHP regulation requires members by enabling a greater number A higher allowable annual satisfaction of only the first two of the of members to become involved in the homeownership set-aside amount above three criteria in authorizing the AHP, by helping members to establish increases the possibility that demand for use of AHP subsidies to pay for banking relationships with new such funds may not exhaust the counseling costs under the competitive customers, and by exposing more available funds by the end of the year. AHP application program. 12 CFR members to opportunities to help meet Under section 10(j)(7) of the Bank Act, 951.5(b)(5). The Banks maintain that the low- and moderate-income housing 90 percent of such uncommitted or criterion in paragraph (a)(7)(iii) above needs in their markets. unused AHP funds generally would be should be removed so that the criteria The homeownership set-aside required to be deposited by the Bank in applicable to the use of AHP funds for programs also are consistent with the an Affordable Housing Reserve Fund counseling costs are the same under goals of the Bank System and the AHP established and administered by the both the homeownership set-aside and to help finance affordable housing in Finance Board. See 12 U.S.C. 1430(j)(7); competitive AHP application programs. underserved areas and for underserved 12 CFR 951.15(a). No such Reserve The criterion in paragraph (a)(7)(iii) households. Homeownership set-aside Fund has been established to date. In was intended to prevent funds often are the only way to order to minimize the possibility of homeownership set-aside funds from effectively meet scattered-site, having to create such a Reserve Fund, being used to pay for counseling costs affordable housing needs in rural areas the proposed rule would provide in that, in the absence of such funds, or tribal areas, which have difficulty § 951.3(a) that any homeownership set- customarily would be funded by scoring well under the competitive AHP aside funds that are not committed or members participating in a application program and where rental used by the end of the year in which homeownership set-aside program. In projects are not feasible. In addition, they were set aside shall be committed this way, AHP funds would be used to homeownership set-aside funds often or used by the end of such year to fund expand the pool of resources available are the only way to meet the need for project modifications or the next highest to pay for counseling costs, rather than homeownership opportunities for very scoring AHP applications in the Bank’s simply replace existing sources of low-income families, which require final funding period of the year for its funding for counseling costs. larger per-unit subsidies and, therefore, competitive AHP application program. may not score well under the The Banks maintain that this competitive AHP application program. The proposed rule also would provide requirement is difficult and costly to Homeownership set-aside programs also that, beginning in 2002 and for enforce. Moreover, the requirement may allow a member to use AHP funds to subsequent years, the maximum actually reduce potential participation finance housing for individual eligible homeownership set-aside dollar limits by members in homeownership set- households on an as-needed basis, even shall be adjusted annually by the aside programs because of members’ if it is only for one household in the Finance Board to reflect any percentage concerns about liability if the member’s market area. These are increase in the preceding year’s accounting for costs is not accurate. In households that the competitive AHP Consumer Price Index (CPI) for all urban addition, since the competitive AHP application program might not consumers, as published by the application program does not have a otherwise reach. Department of Labor. Each year, as soon comparable requirement, it is possible The decision whether or not to as practicable after the publication of that AHP subsidies are already being establish homeownership set-aside the previous year’s CPI, the Finance used under that program to pay for programs is within the discretion of Board would be required to publish counseling costs that the member, each Bank. Thus, a Bank, in notice by Federal Register, distribution sponsor or another funding source consultation with its Advisory Council, of a memorandum, or otherwise, of the would otherwise have funded. may decide not to establish CPI-adjusted limits on the maximum The Finance Board recognizes that homeownership set-aside programs if it set-aside dollar amount. homebuyer counseling is vital to determines that such programs are 2. Removal of Criterion For Funding of ensuring that AHP subsidies are used inappropriate for its district, or, if a Counseling Costs—§ 951.5(a)(7)(iii) successfully to provide homeownership Bank decides to establish such opportunities for low- and moderate- programs, it need not allocate to the Section 951.5(a)(7) of the existing income households. The Finance Board programs the maximum amount AHP regulation provides that is persuaded that assurance that allowable under the regulation. homeownership set-aside funds may be homebuyers will get such counseling, Accordingly, for the reasons used to pay for counseling costs only regardless of how it is funded, discussed above, the proposed rule where: outweighs concerns that AHP subsidies would revise § 951.3(a)(1) to allow a (i) Such costs are incurred in may be funding counseling costs that Bank, after consultation with its connection with counseling of would otherwise be paid for by another Advisory Council, to set aside annually, homebuyers who actually purchase an funding source. Accordingly, for the in the aggregate, up to the greater of $3.0 AHP-assisted unit; reasons discussed above, the proposed million or 25 percent of its annual (ii) The cost of the counseling has not rule would remove the additional required AHP contribution for its been covered by another funding source, homeownership set-aside counseling homeownership set-aside programs. In including the member; and criterion contained in § 951.5(a)(7)(iii).
VerDate 11
B. Advisory Council Membership— C. Reconciliation of AHP Fund— an existing project from a prior year, § 951.4 § 951.8(c)(3)(ii) would not necessarily result in Section 951.4(f) of the existing AHP Section 951.8(c)(3)(ii) of the existing producing more affordable housing, as regulation uses two terms—‘‘community AHP regulation provides that if a Bank there is no assurance that the new investment’’ and ‘‘community reduces the amount of AHP subsidy project ultimately will go forward. It is development’’—in describing the role of approved for a project, the amount of important that AHP funding be made the Advisory Councils in this area. such reduction shall be returned to the available for modifications of existing Specifically, § 951.4(f)(1) provides that Bank’s AHP fund. 12 CFR 951.8(c)(3)(ii). projects that are meeting the goals of the representatives of the board of directors Section 951.8(c)(3)(ii) further provides AHP. The ability of an approved project of each Bank shall meet with the that if a Bank increases the amount of to continue arguably should not be Advisory Council at least quarterly to AHP subsidy approved for a project, the jeopardized simply because obtain the Advisory Council’s advice on amount of such increase shall be drawn uncommitted AHP funds are not ways in which the Bank can better carry first from any currently uncommitted or available for modifications in the out its housing finance and community repaid AHP subsidies and then from the current year. Since the existing AHP investment mission, including advice Bank’s required AHP contribution for regulation already allows the Banks to on the low- and moderate-income the next year. Id. This section is commit funds from the following year’s housing and community investment included under the overall heading for homeownership set-aside allocation to programs and needs in the Bank’s paragraph (c)(3), which addresses fund current year needs under the District. Section 951.4(f)(3) provides changes in the approved AHP subsidy Banks’ homeownership set-aside that each Advisory Council shall submit amount where a direct subsidy is used programs, the Banks arguably should to the Finance Board annually by March to write down prior to closing the have similar flexibility in funding 1 its analysis of the low- and moderate- principal amount or interest rate on a subsidy increases for project income housing and community loan. Therefore, the requirements in modifications approved under the development activity of the Bank by paragraph (c)(3)(ii) would appear to competitive AHP application program. which it is appointed. apply only in cases where a direct Finally, the decision whether to approve The proposed rule would replace the subsidy is used to write down prior to an increase in AHP subsidy for a project terms community investment and closing the principal amount or interest modification is within the discretion of community development, wherever they rate on a loan. each Bank. See 12 CFR 951.7. If a Bank appear, with the term community In practice, the Banks have returned does not want to fund project lending, which encompasses both terms to the AHP fund the amount of any modifications with subsidies from the and is the term used in the Finance reduction in AHP subsidy approved for next year’s AHP allocation, it does not Board’s recently adopted mission a project under the competitive AHP have to approve the project statement for the Banks. See 12 CFR application program, regardless of the modifications. 1 940.2. Community lending is defined reason for the reduction, such as a Accordingly, for the reasons in part 900 of the Finance Board’s project modification or a change in a discussed above, the proposed rule existing regulations as ‘‘providing project’s sources and uses of funds. The would make § 951.8(c)(3)(ii) applicable financing for economic development question has arisen whether the to any reduction or increase in the projects for targeted beneficiaries, and, provision in paragraph (c)(3)(ii) amount of AHP subsidy approved for a for community financial institutions, regarding the funding of a subsidy project, regardless of whether a direct purchasing or funding small business increase should apply to an increase in subsidy writedown is involved, by loans, small farm loans or small agri- approved AHP subsidy for a project redesignating this paragraph as business loans, as defined in § 950.1 of modification that does not involve a § 951.8(c)(4). The Banks, therefore, this chapter.’’ 12 CFR 900.1. direct subsidy writedown. A Bank has In addition, since the Advisory would be able to fund subsidy increases indicated that, in its district, demand for Councils are required to give advice on for project modifications using subsidies increases in approved AHP subsidies for community lending, as well as housing drawn first from any currently project modifications not involving finance, matters, the proposed rule uncommitted or repaid AHP subsidies, direct subsidy writedowns is now would revise § 951.4(a) to provide that and then from the Bank’s required AHP exceeding the amount of repaid or de- members may be drawn from contribution for the next year. committed AHP subsidies available to community and not-for-profit fund such modifications. Therefore, the D. Initial Monitoring Requirements— organizations actively involved in Bank would like to be able to fund such § 951.10 providing or promoting community subsidy increases from the Bank’s lending in the Bank’s District, and 1. Owner-Occupied Project Sponsor required AHP contribution for the next would revise § 951.4(b) to provide that, Annual Certifications—§ 951.10(a)(1)(ii) year. in appointing Advisory Council If a Bank is permitted to use Section 951.10(a)(1)(ii) of the existing members, a Bank may give uncommitted AHP funds from the AHP regulation provides that where consideration to the diversity of following year, before such funds are AHP subsidies are used to finance the community lending needs and activities made available under the competitive purchase of owner-occupied units, the within the Bank’s District. AHP application program for that year, project sponsor must certify annually to there will be fewer AHP funds available the member and the Bank, until all 1 Section 940.2 states that ‘‘[t]he mission of the Banks is to provide to their members and associates for new projects to be approved under approved AHP subsidies are provided to financial products and services, including but not the competitive AHP application eligible households in the project, that limited to advances, that assist and enhance such program for that year. However, the those households receiving AHP members’ and associates’ financing of: overall effect on the amount of AHP subsidies during the year were eligible (a) Housing, including single-family and multi- family housing serving consumers at all income funds available for the following year is households, and such certifications levels; and not likely to be significant. Moreover, shall be supported by household income (b) Community lending.’’ funding a new project in the next year, verification documentation maintained 12 CFR 940.2 (emphasis added). as opposed to funding a modification of by the project sponsor and available for
VerDate 11
review by the member or the Bank. 12 review the project documentation and The estimated annual reporting and CFR 951.10(a)(1)(ii). make a certification to the Bank on recordkeeping hour burden for the AHP The Banks maintain that this project project habitability, and tenant rents regulation with the proposed changes is: sponsor certification requirement is not and income targeting commitments. See a. Number of respondents—7,720 necessary because the certification 12 CFR 951.10(b)(2)(ii). The Banks b. Total annual responses—10,749 merely reiterates more extensive maintain that this member certification Percentage of these responses collected documentation of income eligibility requirement is essentially redundant electronically—0 previously provided by the project with the requirement in c. Total annual hours requested—65,461 sponsor to the Bank and member at the § 951.10(a)(2)(ii) that the owners of d. Current OMB inventory—64,274 time of each request for disbursement of rental projects make a certification to e. Difference—1,187 AHP funds from the Bank. Under the the member on the same items. See 12 The estimated annual reporting and existing AHP regulation, a Bank is CFR 951.10(a)(2)(ii). recordkeeping cost burden for the AHP required to verify prior to each Since the member is essentially regulation with the proposed changes is: disbursement of AHP subsidies for an duplicating the certification already a. Total annualized capital/startup costs— approved project that the project meets made by the project owner, and the 0 the eligibility requirements of § 951.5(b) project owner is also certifying to the b. Total annual costs (O&M)—0 and all obligations committed to in the Bank, it seems reasonable to eliminate c. Total annualized cost requested— approved AHP application. See 12 CFR the member certification requirement $2,169,795 951.5(b), 951.8(c)(2). Because the project and simply retain the project owner d. Current OMB inventory—$2,118,170 sponsor’s annual certification is based certification to the Bank. Accordingly, e. Difference—$51,625 on the information provided to the Bank the proposed rule would remove the The Finance Board will accept written at the time of disbursement requests, the member certification requirement of comments concerning the accuracy of certification requirement in § 951.10(b)(2)(ii), as well as the the burden estimates and suggestions for § 951.10(a)(1)(ii) does not add any new references to the member contained in reducing the burden at the address information or independent verification § 951.10(a)(2)(ii). listed above. to the monitoring process. III. Paperwork Reduction Act Comments regarding the proposed Accordingly, for the reasons collection of information may be discussed above, the proposed rule The current information collection submitted in writing to the Office of would remove the project sponsor contained in the existing AHP Information and Regulatory Affairs of certification requirement from regulation has been approved by the OMB, Attention: Desk Officer for § 951.10(a)(1)(ii). Office of Management and Budget Federal Housing Finance Board, Section 951.10(b)(1)(ii) of the existing (OMB) and assigned OMB control Washington, DC 20503 by July 9, 2001. AHP regulation also requires the number 3069–0006, with an expiration member, within one year after date of January 31, 2003. The Finance IV. Regulatory Flexibility Act disbursement to a project of all Board has submitted to OMB for its The proposed rule would apply only approved AHP subsidies, to review the approval an analysis of the proposed to the Banks, which do not come within project documentation and make revisions to the collection of the meaning of ‘‘small entities,’’ as certifications to the Bank on the use of information contained in §§ 951.3(a)(1), defined in the Regulatory Flexibility Act the AHP subsidies and the existence of 951.10(a)(1)(ii), and 951.10(b)(2)(ii) of (RFA). See 5 U.S.C. 601(6). Thus, in deed restrictions or other legally the proposed rule, described more fully accordance with section 605(b) of the enforceable retention agreements and in part II of the SUPPLEMENTARY RFA, 5 U.S.C. 605(b), the Finance Board mechanisms. See 12 CFR INFORMATION. The proposed increase in hereby certifies that the proposed rule, 951.10(b)(1)(ii). Section 951.10(c)(1) of the maximum allowable annual if promulgated as a final rule, will not the existing AHP regulation requires homeownership set-aside amount under have a significant economic impact on each Bank to review the documentation § 951.3(a)(1) of the proposed rule is a substantial number of small entities. for a sample of projects and units to expected to result in an increase in determine income-eligibility, eligible applications for such funds. The List of Subjects in 12 CFR Part 951 uses, reasonable and customary costs, proposed elimination of the project Community development, Credit, financial feasibility and the existence of sponsor and member certification Federal home loan banks, Housing, deed restrictions or other legally requirements in §§ 951.10(a)(1)(ii) and Reporting and recordkeeping enforceable retention agreements or 951.10(b)(2)(ii) of the proposed rule requirements. mechanisms. See 12 CFR 951.10(c)(1). would reduce the information collection Accordingly, the Finance Board Therefore, in order for the member requirement for such parties. The Banks hereby proposes to amend part 951, title and Bank to be able to continue use the information collection in the 12, chapter IX, Code of Federal reviewing project documentation AHP regulation to determine whether Regulations, as follows: pursuant to these sections, the proposed respondents satisfy statutory and rule would retain the requirement in regulatory requirements under the AHP. PART 951—AFFORDABLE HOUSING § 951.10(a)(1)(ii) that the project sponsor Responses are mandatory and are PROGRAM maintain household income verification required to obtain or retain a benefit. documentation available for review by See 12 U.S.C. 1426. 1. The authority citation for part 951 the member or the Bank. Likely respondents and/or record continues to read as follows: keepers are Banks, Bank members, Authority: 12 U.S.C. 1430(j). 2. Member Certification Within the First project sponsors, and project owners. Year of Rental Project Completion— 2. Amend § 951.3(a)(1) to read as Potential respondents are not required follows: § 951.10(b)(2)(ii) to respond to the collection of Section 951.10(b)(2)(ii) of the existing information unless the regulation § 951.3 Operation of Program and AHP regulation provides that within the collecting the information displays a adoption of AHP implementation plan. first year after completion of an AHP- currently valid control number assigned (a) Allocation of AHP contributions— assisted rental project, the member must by OMB. See 44 U.S.C. 3512(a). (1) Homeownership set-aside programs.
VerDate 11
Each Bank, after consultation with its § 951.8 [Amended] FOR FURTHER INFORMATION CONTACT: Advisory Council, may set aside 5. Amend § 951.8(c)(3) by: Sonya M. Cruse of the Regulations Unit annually, in the aggregate, up to the a. Removing the heading for at (202) 622–7180 (not a toll-free greater of $3.0 million or 25 percent of paragraph (c)(3)(i); number). its annual required AHP contribution to b. Removing paragraph designation SUPPLEMENTARY INFORMATION: A notice (c)(3)(i); and provide funds to members participating of proposed rulemaking and notice of in the Bank’s homeownership set-aside c. Redesignating paragraph (c)(3)(ii) as public hearing that appeared in the programs, pursuant to the requirements paragraph (c)(4). Federal Register on Friday, January 12, of this part. Any homeownership set- 6. Amend § 951.10 by: 2001, (66 FR 2854), announced that a aside funds that are not committed or a. Revising paragraph (a)(1)(ii); public hearing was scheduled for May used by the end of the year in which b. In paragraph (a)(2)(ii), removing 16, 2001, at 10 a.m., in room 6718. The they were set aside shall be committed ‘‘the member and’’ and ‘‘the member or’’ subject of the public hearing is proposed or used by the end of such year to fund wherever they appear; and regulations under section 7701 of the project modifications or the next highest c. In paragraph (b)(2), removing Internal Revenue Code. The public scoring AHP applications in the Bank’s paragraph (b)(2)(ii), and removing comment period for these regulations final funding period of the year for its paragraph designation (b)(2)(i). expired on April 25, 2001. competitive application program. In The revision reads as follows: The notice of proposed rulemaking cases where the amount of § 951.10 Initial monitoring requirements. and notice of public hearing, instructed homeownership set-aside funds applied (a) * * * those interested in testifying at the for by members in a given year exceeds (1) * * * public hearing to submit a request to the amount available for that year, a (ii) Where AHP subsidies are used to speak and an outline of the topics to be Bank may allocate up to the greater of finance the purchase of owner-occupied addressed. As of Friday, May 4, 2001, $3.0 million or 25 percent of its annual units, the project sponsor must maintain no one has requested to speak. required AHP contribution for the household income verification Therefore, the public hearing scheduled subsequent year to the current year’s documentation available for review by for May 16, 2001, is cancelled. homeownership set-aside programs the member or the Bank. pursuant to written policies adopted by * * * * * Cynthia E. Grigsby, the Bank’s board of directors. Beginning Chief, Regulations Unit, Office of Special in 2002 and for subsequent years, the Dated: May 2, 2001. Counsel (Modernization & Strategic maximum dollar limits set forth in this By the Board of Directors of the Federal Planning). paragraph shall be adjusted annually by Housing Finance Board. [FR Doc. 01–11842 Filed 5–9–01; 8:45 am] the Finance Board to reflect any Allan I. Mendelowitz, BILLING CODE 4830–01–P percentage increase in the preceding Chairman. year’s Consumer Price Index (CPI) for all [FR Doc. 01–11706 Filed 5–9–01; 8:45 am] urban consumers, as published by the BILLING CODE 6725–01–P DEPARTMENT OF THE INTERIOR Department of Labor. Each year, as soon as practicable after the publication of Office of Surface Mining Reclamation the previous year’s CPI, the Finance DEPARTMENT OF THE TREASURY and Enforcement Board shall publish notice by Federal Register, distribution of a Internal Revenue Service 30 CFR Part 904 memorandum, or otherwise, of the CPI- adjusted limits on the maximum set- 26 CFR Parts 1 and 301 [SPATS No. AR–038–FOR] aside dollar amount. A Bank may [REG–101739–00] establish one or more homeownership Arkansas Regulatory Program RIN–1545–AX75 set-aside programs pursuant to written AGENCY: Office of Surface Mining policies adopted by the Bank’s board of Reclamation and Enforcement, Interior. directors. A Bank’s board of directors Clarification of Entity Classification ACTION: Proposed rule; reopening and shall not delegate to Bank officers or Rules; Hearing Cancellation extension of public comment period on other Bank employees the responsibility AGENCY: Internal Revenue Service (IRS), proposed amendment. for adopting such policies. Treasury. * * * * * ACTION: Cancellation of notice of public SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) is § 951.4 [Amended] hearing on proposed rulemaking. announcing receipt of revisions to a 3. Amend § 951.4 by: SUMMARY: This document provides previously proposed amendment to the a. In paragraph (a), adding ‘‘and/or notice of cancellation of a public Arkansas regulatory program (Arkansas community lending’’ after ‘‘housing’’; hearing on proposed regulations relating program) under the Surface Mining b. In paragraph (b), adding ‘‘and/or to section 7701 that address the Federal Control and Reclamation Act of 1977 community lending’’ after ‘‘housing’’; tax classification of a business entity c. In paragraph (f)(1), removing (SMCRA). The revisions concern wholly owned by a foreign government ‘‘community investment’’ wherever it submission and processing of requests and provide that a nonbank entity that appears and adding, in its place, for valid existing rights determinations; is wholly owned by a foreign bank ‘‘community lending’’; and interpretative rule related to subsidence d. In paragraph (f)(3), removing cannot be disregarded as an entity due to underground coal mining in ‘‘community development’’ and adding, separate from its owner for purposes of areas designated by Act of Congress; in its place, ‘‘community lending’’. applying the special rules of the Internal road systems; public notices of filing of Revenue Code applicable to banks. permit applications; and legislative § 951.5 [Amended] DATES: The public hearing originally public hearings. Arkansas intends to 4. Amend § 951.5 by removing scheduled for May 16, 2001, at 10 a.m., revise its program to be consistent with paragraph (a)(7)(iii). is cancelled. the corresponding Federal regulations.
VerDate 11
DATES: We will accept written interpretative rule related to subsidence C. Section 780.37 Road Systems comments until 4 p.m., c.d.t., May 25, due to underground coal mining in Arkansas proposes to revise paragraph 2001. areas designated by Act of Congress; (a)(4) by replacing the words ‘‘regulatory ADDRESSES: You should mail or hand road systems; public notices of filing of authority’’ with the word ‘‘Director’’ for deliver written comments to Michael C. permit applications; and legislative consistency with the other regulations Wolfrom, Director, Tulsa Field Office at public hearings. We notified Arkansas in this section. The revised paragraph the address listed below. of these concerns by letter dated April will read as follows: You may review copies of the 11, 2001 (Administrative Record No. AR–567.06). By letter dated April 19, (4) Contain a description of measures to be Arkansas program, the amendment, and taken to obtain approval of the Director for all written comments received in 2001 (Administrative Record No. AR– alteration or relocation of a natural stream response to this document at the 567.08), Arkansas sent us revisions for channel under Section 816.151(c)(5) of this addresses listed below during normal the following provisions of the chapter; business hours, Monday through Friday, amendment: D. Section 786.11 Public Notices of excluding holidays. You may receive A. Section 761.16 Submission and Filing of Permit Applications one free copy of the amendment by Processing of Requests for Valid Existing Arkansas proposes to revise paragraph contacting OSM’s Tulsa Field Office. Rights Determinations Michael C. Wolfrom, Director, Tulsa (a)(5) to require applicants to include Field Office, Office of Surface Mining, 1. Arkansas proposes to make an information on the approximate timing 5100 East Skelly Drive, Suite 470, Tulsa, editorial correction in the last sentence of any proposed relocation or closure of Oklahoma 74135–6547, Telephone: in paragraph (b). The revised last a public road. The revised paragraph (918) 581–6430. sentence will read as follows: will read as follows: Arkansas Department of * * * This request may be submitted before (5) If an applicant seeks a permit to mine Environmental Quality, Surface Mining preparing and submitting an application for within 100 feet of the outside right-of-way of and Reclamation Division, 8001 a permit or boundary revision for the land a public road or to relocate or close a public National Drive, Little Rock, Arkansas unless the applicable regulatory program road, except where public notice and hearing 72219–8913, Telephone (501) 682–0744. provides otherwise. have previously been provided for this particular part of the road in accordance with FOR FURTHER INFORMATION CONTACT: 2. Arkansas proposes to revise Section 761.14 of this Chapter, a concise Michael C. Wolfrom, Director, Tulsa paragraph (d)(1) so that it states that the statement describing the public road, the Field Office. Telephone: (918) 581– Office of Surface Mining Reclamation particular part to be relocated or closed, and 6430. Internet: [email protected]. and Enforcement (OSM) instead of ‘‘the the approximate timing and duration of the SUPPLEMENTARY INFORMATION: agency’’ will publish a notice in the relocation or closing. Federal Register if the applicant’s I. Background on the Arkansas E. Section 786.14 Legislative Public request for valid existing rights Program Hearings determination involves Federal lands Arkansas proposes to revise paragraph On November 21, 1980, the Secretary within an area listed in Section (c) to reflect that the public hearings, if of the Interior conditionally approved 761.11(a) or (b). the Arkansas program. You can find requested under Section 761.14(c), are 3. Arkansas proposes to revise the last required if the applicant proposes to background information on the sentence in paragraph (e)(5)(ii) so that it Arkansas program, including the relocate or close a public road or states that the Office of Surface Mining conduct surface coal mining operations Secretary’s findings, the disposition of Reclamation and Enforcement (OSM) comments, and the conditions of within 100 feet, measured horizontally, instead of ‘‘the agency’’ will publish the of the outside right-of-way line of a approval in the November 21, 1980, determination, together with an Federal Register (45 FR 77003). You can public road. The revised paragraph will explanation of appeal rights and read as follows: find later actions on the Arkansas procedures, in the Federal Register if program at 30 CFR 904.10, 904.12, the applicant’s request for valid existing (c) Legislative Public Hearings held in 904.15, and 904.16. accordance with this Section may be used by rights determination involves Federal the Director as the public hearing required II. Discussion of the Proposed lands within an area listed in Section under Section 761.14(c) where the applicant Amendment 761.11(a) or (b). proposes to relocate or close a public road or B. Section 761.200 Interpretative Rule conduct surface coal mining operations By letter dated March 1, 2001 within 100 feet, measured horizontally, of the (Administrative Record No. AR–567.04), Related to Subsidence Due to outside right-of-way line of a public road. Arkansas sent us an amendment to its Underground Coal Mining in Areas program under SMCRA and the Federal Designated by Act of Congress III. Public Comment Procedures regulations at 30 CFR 732.17(b). Arkansas proposes to revise this We are reopening the comment period Arkansas sent the amendment in section by replacing obsolete on the proposed Arkansas program response to a letter dated August 23, ‘‘legislative version’’ citations of the amendment to provide you an 2000 (Administrative Record No. AR– State Act with current ‘‘annotated opportunity to reconsider the adequacy 567), that we sent to Arkansas under 30 version’’ citations of the State Act. The of the amendment in light of the CFR 732.17(c). We announced receipt of revised section will read as follows: additional materials sent to us. Under the amendment in the April 6, 2001, the provisions of 30 CFR 732.17(h), we Federal Register (66 FR 18216) and (a) Interpretation of Section 761.11— are requesting comments on whether the invited public comment on its AREAS WHERE MINING IS PROHIBITED OR amendment satisfies the program adequacy. The public comment period LIMITED. Subsidence due to underground coal mining is not included in the definition approval criteria of 30 CFR 732.15. If we closed May 7, 2001. of surface coal mining operations under approve the amendment, it will become During our review of the amendment, Section 15–58–104(16) of the Act and Section part of the Arkansas program. we identified concerns relating to 700.5 of this chapter and therefore is not Written Comments: If you submit submission and processing of requests prohibited in areas protected under Section written or electronic comments on the for valid existing rights determinations; 15–58–501(a)(1) of the Act. proposed rule during the 15-day
VerDate 11
comment period, they should be and the environment from the adverse upon counterpart Federal regulations for specific, should be confined to issues effects of surface coal mining which an economic analysis was pertinent to the notice, and should operations.’’ Section 503(a)(1) of prepared and certification made that explain the reason for your SMCRA requires that State laws such regulations would not have a recommendation(s). We may not be able regulating surface coal mining and significant economic effect upon a to consider or include in the reclamation operations be ‘‘in substantial number of small entities. Administrative Record comments accordance with’’ the requirements of Therefore, this rule will ensure that delivered to an address other than the SMCRA, and section 503(a)(7) requires existing requirements previously one listed above (see ADDRESSES). that State programs contain rules and promulgated by OSM will be Electronic Comments: Please submit regulations ‘‘consistent with’’ implemented by the State. In making the Internet comments as an ASCII, regulations issued by the Secretary determination as to whether this rule WordPerfect, or Word file avoiding the under SMCRA. would have a significant economic use of special characters and any form Executive Order 12988—Civil Justice impact, the Department relied upon the of encryption. Please also include ‘‘Attn: Reform data and assumptions for the SPATS NO. AR–038–FOR’’ and your name and return address in your The Department of the Interior has counterpart Federal regulations. Internet message. If you do not receive conducted the reviews required by Small Business Regulatory Enforcement a confirmation that we have received section 3 of Executive Order 12988 and Fairness Act your Internet message, contact the Tulsa has determined that, to the extent Field Office at (918) 581–6430. allowed by law, this rule meets the This rule is not a major rule under 5. Availability of Comments: Our applicable standards of subsections (a) U.S.C. 804(2), the Small Business practice is to make comments, including and (b) of this section. However, these Regulatory Enforcement Fairness Act. names and home addresses of standards are not applicable to the This rule: actual language of State regulatory respondents, available for public review a. Does not have an annual effect on programs and program amendments during regular business hours at OSM’s the economy of $100 million. Tulsa Field Office (see ADDRESSES). since each such program is drafted and Individual respondents may request that promulgated by a specific State, not b. Will not cause a major increase in we withhold their home address from OSM. Under sections 503 and 505 of costs or prices for consumers, the administrative record, which we SMCRA (30 U.S.C. 1253 and 1255) and individual industries, federal, state, or will honor to the extent allowable by 30 CFR 730.11, 732.15, and local government agencies, or law. There also may be circumstances in 732.17(h)(10), decisions on proposed geographic regions. which we would withhold from the State regulatory programs and program c. Does not have significant adverse administrative record a respondent’s amendments submitted by the States effects on competition, employment, must be based solely on a determination identity, as allowable by law. If you investment, productivity, innovation, or of whether the submittal is consistent wish us to withhold your name and/or the ability of U.S. based enterprises to with SMCRA and its implementing address, you must state this compete with foreign-based enterprises. prominently at the beginning of your Federal regulations and whether the comment. However, we will not other requirements of 30 CFR Parts 730, This determination is based upon the consider anonymous comments. We 731, and 732 have been met. fact that the State submittal which is the subject of this rule is based upon will make all submissions from National Environmental Policy Act organizations or businesses, and from counterpart Federal regulations for individuals identifying themselves as Section 702(d) of SMCRA (30 U.S.C. which an analysis was prepared and a representatives or officials of 1292(d)) provides that a decision on a determination made that the Federal organizations or businesses, available proposed State regulatory program regulation was not considered a major for public inspection in their entirety. provision does not constitute a major rule. Federal action within the meaning of IV. Procedural Determinations section 102(2)(C) of the National Unfunded Mandates Environmental Policy Act (42 U.S.C. Executive Order 12866—Regulatory This rule will not impose a cost of Planning and Review 4332(2)(C)). A determination has been made that such decisions are $100 million or more in any given year This rule is exempted from review by categorically excluded from the NEPA on any governmental entity or the the Office of Management and Budget process (516 DM 8.4.A). private sector. under Executive Order 12866. Paperwork Reduction Act List of Subjects in 30 CFR Part 904 Executive Order 12630—Takings This rule does not contain Intergovernmental relations, Surface This rule does not have takings information collection requirements that mining, Underground mining. implications. This determination is require approval by the Office of based on the analysis performed for the Management and Budget under the Dated: May 2, 2001. counterpart Federal regulations. Paperwork Reduction Act (44 U.S.C. John W. Coleman, Executive Order 13132—Federalism 3507 et seq.). Acting Regional Director, Mid-Continent Regional Coordinating Center. Regulatory Flexibility Act This rule does not have federalism [FR Doc. 01–11728 Filed 5–9–01; 8:45 am] implications. SMCRA delineates the The Department of the Interior has BILLING CODE 4310–05–P roles of the Federal and State determined that this rule will not have governments with regard to the a significant economic impact on a regulation of surface coal mining and substantial number of small entities reclamation operations. One of the under the Regulatory Flexibility Act (5 purposes of SMCRA is to ‘‘establish a U.S.C. 601 et seq.). The State submittal nationwide program to protect society which is the subject of this rule is based
VerDate 11
DEPARTMENT OF TRANSPORTATION and 5 p.m., Monday through Friday, MMS regulate safety on fixed OCS except Federal holidays. You may also facilities. MMS regulates the structural Coast Guard find this docket on the Internet at integrity of the facility, in addition to http://dms.dot.gov. enforcing all regulations pertaining to 33 CFR Part 140 FOR FURTHER INFORMATION CONTACT: If production and well-work activities, [USCG–2001–9045] you have questions on this proposed such as drilling and workover rule, contact James M. Magill, Vessel operations. The Coast Guard regulates RIN 2115–AG14 and Facility Operating Standards marine systems, such as lifesaving and navigation equipment, and workplace Inspections Under, and Enforcement Division (GMMSO–2), telephone 202– 267–1082 or fax 202–267–4570. If you safety and health. Annually, MMS visits of, Coast Guard Regulations for Fixed all of the fixed OCS facilities to inspect Facilities on the Outer Continental have questions on viewing or submitting material to the docket, call Dorothy for violations in the area of its Shelf by the Minerals Management responsibility. The Coast Guard, Service Beard, Chief, Dockets, Department of Transportation, telephone 202–366– because of the much fewer number of AGENCY: Coast Guard, DOT. 5149. inspectors available, visits less than 10 percent. On December 18, 1998, MMS ACTION: Notice of proposed rulemaking. SUPPLEMENTARY INFORMATION: and the Coast Guard agreed to review SUMMARY: We propose to authorize the Request for Comments the regulations of both agencies to ensure consistency and to eliminate Minerals Management Service (MMS) to We encourage you to participate in perform inspections, on behalf of the duplication. As part of this review, this rulemaking by submitting MMS and the Coast Guard decided that, Coast Guard, on fixed facilities engaged comments and related material. If you in Outer Continental Shelf activities and because MMS was already visiting all of do so, please include your name and the fixed OCS facilities at least once a to enforce Coast Guard regulations address, identify the docket number for applicable to those facilities. MMS year, it would be beneficial to both this rulemaking (USCG–2001–9045), agencies if MMS was authorized, on already performs inspections on these indicate the specific section of this facilities to determine whether they behalf of the Coast Guard, to inspect and document to which each comment enforce the Coast Guard’s regulations for comply with MMS regulations. By applies, and give the reason for each authorizing MMS to also check for fixed OCS facilities. Such an comment. You may submit your authorization is allowed under the compliance with Coast Guard comments and material by mail, hand regulations, we avoid duplicating Outer Continental Shelf Lands Act, delivery, fax, or electronic means to the which, in 43 U.S.C. 1348(a), allows the functions, reduce Federal costs, and Docket Management Facility at the increase the frequency of inspections. Coast Guard to use the services and address under ADDRESSES; but please personnel of other Federal agencies for DATES: Comments and related material submit your comments or material by the enforcement of its OCS regulations. must reach the Docket Management only one means. If you submit them by Facility on or before July 9, 2001. mail or hand delivery, submit them in Regulatory Evaluation ADDRESSES: To make sure your an unbound format, no larger than 81⁄2 This proposed rule is not a comments and related material are not by 11 inches, suitable for copying and ‘‘significant regulatory action’’ under entered more than once in the docket, electronic filing. If you submit them by section 3(f) of Executive Order 12866, please submit them by only one of the mail and would like to know they Regulatory Planning and Review, and following means: reached the Facility, please enclose a does not require an assessment of (1) By mail to the Docket Management stamped, self-addressed postcard or potential costs and benefits under Facility (USCG–2001–9045), U.S. envelope. We will consider all section 6(a)(3) of that Order. The Office Department of Transportation, room PL– comments and material received during of Management and Budget has not 401, 400 Seventh Street SW., the comment period. We may change reviewed it under that Order. It is not Washington, DC 20590–0001. this proposed rule in view of them. ‘‘significant’’ under the regulatory (2) By hand delivery to room PL–401 policies and procedures of the on the Plaza level of the Nassif Building, Public Meeting Department of Transportation (DOT) (44 400 Seventh Street SW., Washington, We do not now plan to hold a public FR 11040, February 26, 1979). We DC, between 9 a.m. and 5 p.m., Monday meeting. But you may submit a request expect the economic impact of this through Friday, except Federal holidays. for one to the Docket Management proposed rule to be so minimal that a The telephone number is 202–366– Facility at the address under ADDRESSES full Regulatory Evaluation under 9329. explaining why one would be paragraph 10e of the regulatory policies (3) By fax to the Docket Management beneficial. If we determine that one and procedures of DOT is unnecessary. Facility at 202–493–2251. would aid this rulemaking, we will hold The proposed rule would not impose (4) Electronically through the Web one at a time and place announced by significant additional costs to MMS’s Site for the Docket Management System a later notice in the Federal Register. inspection program or to the owners of at http://dms.dot.gov. facilities being inspected. Owners or The Docket Management Facility Background and Purpose operators of each facility would be maintains the public docket for this The purpose of this rulemaking is to required to incur a slight burden rulemaking. Comments and material authorize the Minerals Management associated with keeping a copy of the received from the public, as well as Service (MMS) to perform inspections annual self-inspection form CG–5432 on documents mentioned in this preamble on fixed Outer Continental Shelf (OCS) the facility. This burden is explained in as being available in the docket, will facilities engaged in OCS activities and detail in the ‘‘Collection of Information’’ become part of this docket and will be to enforce Coast Guard regulations section. We expect the annual cost of available for inspection or copying at applicable to those facilities for this burden to be about $8.25 per facility room PL–401 on the Plaza level of the compliance with Coast Guard or $28,776 for the 3,489 facilities Nassif Building, 400 Seventh Street regulations in 33 CFR chapter I, engaged in Outer Continental Shelf SW., Washington, DC, between 9 a.m. subchapter N. The Coast Guard and activities. Using 7 percent as the
VerDate 11
discount rate, the 10-year present value concerning its provisions or options for Description of the Respondents: of this cost is $202,110. compliance, please consult James M. Owners or operators of fixed OCS Authorizing MMS to check for Magill, Vessel and Facility Operating facilities. compliance with Coast Guard Standards Division (GMMSO–2), Number of Respondents: We estimate regulations would avoid duplicating telephone 202–267–1082 or fax 202– there are 3,489 facilities engaged in functions and enhance the enforcement 267–4570. Outer Continental Shelf activities. of regulations. Small businesses may send comments Frequency of Response: Each year’s form CG–5432 would be required to be Small Entities on the actions of Federal employees who enforce, or otherwise determine kept on the facility for 2 years. Under the Regulatory Flexibility Act Burden of Response: The burden (5 U.S.C. 601–612), we considered compliance with, Federal regulations to the Small Business and Agriculture associated with meeting the proposed whether this proposed rule would have requirement would involve duplicating a significant economic impact on a Regulatory Enforcement Ombudsman and the Regional Small Business form CG–5432 so that the original can substantial number of small entities. be sent to the Coast Guard, as already The term ‘‘small entities’’ comprises Regulatory Fairness Boards. The Ombudsman evaluates these actions required, and a copy kept on the facility. small businesses, not-for-profit We expect this burden to be 15 minutes organizations that are independently annually and rates each agency’s responsiveness to small business. If you annually per facility. owned and operated and are not Estimate of Total Annual Burden: We wish to comment on actions by dominant in their fields, and estimate that the proposed requirement employees of the Coast Guard, call governmental jurisdictions with would impose a total annual burden on 1–888–REG–FAIR (1–888–734–3247). populations of less than 50,000. each facility of 15 minutes or 872 hours We do not expect this proposed Collection of Information for all fixed OCS facilities. This amount rulemaking to create significant would be added to the already approved additional costs to the MMS or the This proposed rule would call for a annual burden associated with OMB inspected facilities. This proposed collection of information under the collection 2115–0569. rulemaking would authorize MMS to Paperwork Reduction Act of 1995 (44 As required by the Paperwork inspect and enforce Coast Guard U.S.C. 3501–3520). As defined in 5 CFR Reduction Act of 1995 (44 U.S.C. regulations on fixed OCS facilities. 1320.3(c), ‘‘collection of information’’ 3507(d)), we have submitted a copy of Coast Guard personnel currently comprises reporting, recordkeeping, this proposed rule to the Office of perform these inspections, and monitoring, posting, labeling, and other, Management and Budget (OMB) for its authorizing MMS to do so does not similar actions. The title and review of the collection of information. reduce the number of inspections nor description of the information We ask for public comment on the significantly increase the burden placed collections, a description of those who proposed collection of information to on the affected entities. Though it must collect the information, and an help us determine how useful the affects all small entities involved, we estimate of the total annual burden information is; whether it can help us estimate the additional burden to be follow. The estimate covers the time for perform our functions better; whether it $8.25 per facility as shown in the reviewing instructions, searching is readily available elsewhere; how ‘‘Regulatory Evaluation’’ section of this existing sources of data, gathering and accurate our estimate of the burden of preamble. We further explain this maintaining the data needed, and collection is; how valid our methods for burden and the affected entities in the completing and reviewing the determining burden are; how we can ‘‘Collection of Information’’ section of collection. improve the quality, usefulness, and this preamble. Title: Inspection Under, and clarity of the information; and how we Therefore, the Coast Guard certifies Enforcement of, Coast Guard can minimize the burden of collection. under 5 U.S.C. 605(b) that this proposed Regulations for Fixed Facilities on the If you submit comments on the rule would not have a significant Outer Continental Shelf by the Minerals collection of information, submit them economic impact on a substantial Management Service. both to OMB and to the Docket number of small entities. If you think Summary of the Collection of Management Facility where indicated that your business, organization, or Information: This proposed rule would under ADDRESSES, by the date under governmental jurisdiction qualifies as a require that a copy of form CG–5432, the DATES. small entity and that this rule would annual self-inspection report, be kept on You need not respond to a collection have a significant economic impact on the facility. This form is already of information unless it displays a it, please submit a comment to the required to be completed annually and currently valid control number from Docket Management Facility at the submitted to the Coast Guard, but a OMB. Before the requirements for this address under ADDRESSES. In your copy is not required to be kept on the collection of information become comment, explain why you think it facility. This proposed rule would effective, we will publish notice in the qualifies and how and to what degree require that a copy be kept on the Federal Register of OMB’s decision to this rule would economically affect it. facility for use by MMS inspectors. The approve, modify, or disapprove the Assistance for Small Entities proposed requirement would be added collection. Under section 213(a) of the Small to the already approved collection of Federalism information OMB 2115–0569. Business Regulatory Enforcement We have analyzed this proposed rule Fairness Act of 1996 (Public Law 104– Need for Information: A copy of the under Executive Order 13132, 121), we want to assist small entities in report is needed on the facility to show Federalism, and have determined that it understanding this proposed rule so that MMS inspectors that the annual self- does not have implications for they can better evaluate its effects on inspection has been conducted. federalism under that Order. them and participate in the rulemaking. Proposed Use of Information: The If the rule would affect your small copy of form CG–5432 would be used to Unfunded Mandates Reform Act business, organization, or governmental confirm that the self-inspection had The Unfunded Mandates Reform Act jurisdiction and you have questions been conducted. of 1995 (2 U.S.C. 1531–1538) requires
VerDate 11
Federal agencies to assess the effects of Authority: 43 U.S.C. 1333, 1348, 1350, 2 years after the inspection and made their regulatory actions not specifically 1356; 49 CFR 1.46. available to MMS on request. required by law. In particular, the Act 2. In § 140.10, add, in alphabetical * * * * * addresses actions that may result in the order, the definition of ‘‘Minerals expenditure by a State, local, or tribal Management Service inspector’’ to read § 140.105 [Amended] government, in the aggregate, or by the as follows: 5. In § 140.105— private sector of $100,000,000 or more a. In paragraph (a), after the words in any one year. Though this proposed § 140.10 Definitions. ‘‘during an inspection’’, add the words rule would not result in such an * * * * * ‘‘by a Coast Guard marine inspector or expenditure, we do discuss the effects of Minerals Management Service a Minerals Management Service (MMS) this rule elsewhere in this preamble. inspector or MMS inspector means an inspector’’; individual employed by the Minerals b. In paragraph (b), before the words Taking of Private Property Management Service who inspects fixed ‘‘is reported to’’, add the words ‘‘or an This proposed rule would not effect a OCS facilities on behalf of the Coast MMS inspector’’; and, after the words taking of private property or otherwise Guard to determine whether the ‘‘time specified by the’’, remove the have taking implications under requirements of this subchapter are met. words ‘‘Coast Guard’’; Executive Order 12630, Governmental * * * * * c. In paragraph (c), after the words Actions and Interference with 3. In § 140.101— ‘‘fire fighting equipment deficiencies’’, Constitutionally Protected Property a. Revise the section heading to read add the words ‘‘on fixed OCS facilities’’; Rights. as set forth below; and remove the words ‘‘the OCMI’’ b. Redesignate paragraphs (b) through Civil Justice Reform wherever they appear and add, in their (e) as paragraphs (c) through (f); place, ‘‘MMS’’; and c. Add a new paragraph (b) to read as This proposed rule meets applicable d. In paragraph (d), after the words standards in sections 3(a) and 3(b)(2) of set forth below; d. In redesignated paragraph (c), ‘‘Marine Inspection,’’ add the words ‘‘or Executive Order 12988, Civil Justice MMS (for deficiencies or hazards Reform, to minimize litigation, before the words ‘‘marine inspectors’’, add the words ‘‘Coast Guard’’; following discovered by MMS during an eliminate ambiguity, and reduce inspection of a fixed OCS facility)’’. burden. the words ‘‘OCS activities’’, add the words ‘‘, and MMS inspectors may Dated: March 16, 2001. Protection of Children inspect fixed OCS facilities,’’; and, at R.C. North, We have analyzed this proposed rule the end of the last sentence, add the Rear Admiral, U.S. Coast Guard, Assistant under Executive Order 13045, words ‘‘or MMS’’; and Commandant for Marine Safety and Protection of Children from e. In redesignated paragraph (d), Environmental Protection. Environmental Health Risks and Safety remove the words ‘‘a marine inspector’’ [FR Doc. 01–11848 Filed 5–9–01; 8:45 am] Risks. This rule is not an economically and add, in their place, the words ‘‘a BILLING CODE 4910–15–U significant rule and does not concern an Coast Guard marine inspector or an environmental risk to health or risk to MMS inspector’’; and remove the words safety that may disproportionately affect ‘‘The marine inspector’’ and add, in DEPARTMENT OF VETERANS children. their place, the words ‘‘The Coast Guard AFFAIRS marine inspector or the MMS Environment inspector’’. 38 CFR Part 36 We considered the environmental impact of this proposed rule and § 140.101 Inspection by Coast Guard RIN 2900–AE20; 2900–AE60 marine inspectors or Minerals Management concluded that, under figure 2–1, Service inspectors. Loan Guaranty: Title Evidence paragraph (34)(b), of Commandant Requirements and Occupancy Instruction M16475.1C, this proposed * * * * * (b) On behalf of the Coast Guard, each Requirements for Conveyance of rule is categorically excluded from fixed OCS facility engaged in OCS Properties to VA by Holders; further environmental documentation. activities is subject to inspection by the Acceptance of Partial Payments; The proposed rule is excluded under Minerals Management Service (MMS). Indemnification of Default paragraph (34)(b) because it is * * * * * administrative in nature and has no AGENCY: Department of Veterans Affairs. environmental effect. A ‘‘Categorical 4. In § 140.103— a. In paragraph (b), remove ACTION: Proposed rules: withdrawal. Exclusion Determination’’ is available in ‘‘140.101(e)’’ and add, in its place, the docket where indicated under SUMMARY: This document withdraws the ‘‘140.101(f)’’; and remove the words ADDRESSES. proposal to amend the loan guaranty ‘‘Marine inspectors’’ and add, in their regulations that was published in the List of Subjects in 33 CFR Part 140 place, the words ‘‘marine inspectors and Federal Register on August 6, 1990 (55 Minerals Management Service (MMS) Continental shelf, Incorporation by FR 31847). We proposed to authorize reference, Investigations, Marine safety, inspectors’’; and b. In paragraph (c), remove the Secretary of Veterans Affairs to Occupational safety and health, specify the title documentation required Penalties, Reporting and recordkeeping ‘‘140.101(e)’’ and add, in its place, ‘‘140.101(f)’’; and at the end of the from the holder when VA acquires a requirements. property which was financed with a For reasons discussed in the paragraph, add a sentence to read as follows: VA-guaranteed loan that has been preamble, the Coast Guard proposes to terminated and to authorize the amend 33 CFR part 140 as follows: § 140.103 Annual inspection of fixed OCS Secretary of Veterans Affairs to establish facilities. PART 140—GENERAL a date by which VA must receive such * * * * * title documentation from the holder. 1. The authority citation for part 140 (c) * * * A copy of the completed Further, we proposed to require that a continues to read as follows: form must be retained on the facility for property acquired by VA be vacant
VerDate 11
when conveyed to VA unless someone Federal Register, EPA is approving the ACTION: Proposed rule. properly in possession by virtue of a State’s State Plan submittal, as a direct redemption period occupies it or VA final rule without prior proposal SUMMARY: Based on recent cost otherwise directs the holder. This because the Agency views this as a information, we (FEMA) propose to document also withdraws the proposal noncontroversial submittal and adjust the expense allowance under the to amend the loan guaranty regulations anticipates no adverse comments. A Financial Assistance/Subsidy that was published in the Federal detailed rationale for the approval is set Arrangement between the Federal Register on March 2, 1994 (59 FR 9944). forth in the direct final rule. If EPA Insurance Administrator and the private In the March 2, 1994 document, we receives no adverse comments, EPA will sector insurers that sell and service proposed to change the regulations by not take further action on this proposed flood insurance. requiring that the mortgage holder rule. If EPA receives adverse comments, DATES: Comments on this proposed rule provide notice to VA when refusing to EPA will withdraw the direct final rule should be received on or before June 11, accept partial payment on a loan in and it will not take effect. EPA will 2001. default and to clarify when a veteran is address all public comments in a ADDRESSES: Please submit any written liable to VA for a loss due to a loan subsequent final rule based on this comments to the Rules Docket Clerk, default. We are reconsidering the issues proposed rule. The EPA will not Office of the General Counsel, Federal raised in both proposed rules in light of institute a second comment period on Emergency Management Agency, 500 C changes that have occurred in the this action. Any parties interested in Street, SW., room 840, Washington, DC industry since the proposals were commenting on this action should do so 20472, (facsimile) 202–646–4536, or promulgated. These issues may be the at this time. (email) [email protected]. subject of a future rulemaking DATES: Written comments must be FOR FURTHER INFORMATION CONTACT: proceeding. received on or before June 11, 2001. Edward L. Connor, Federal Emergency FOR FURTHER INFORMATION CONTACT: Mr. ADDRESSES: All comments should be Management Agency, Federal Insurance Richard Fyne, Assistant Director for addressed to: Raymond Werner, Chief, Administration, 500 C Street SW., Loan Management (261), Loan Guaranty Air Programs Branch, Environmental Washington, DC 20472, 202–646–3443, Service, Veterans Benefits Protection Agency, Region 2 Office, 290 (facsimile) 202–646–3445, (email) Administration, Department of Veterans Broadway, New York, New York 10007– [email protected]. 1866. Affairs, 810 Vermont Avenue, NW., SUPPLEMENTARY INFORMATION: Under the Copies of the State submittal are Washington, DC 20420, phone (202) Financial Assistance/Subsidy available at the following addresses for 273–7380. (This is not a toll-free Arrangement between the Federal inspection during normal business number.) Insurance Administrator and the private hours: Approved: February 15, 2001. sector insurers that sell and service Environmental Protection Agency, flood insurance under the Write Your Anthony J. Principi, Region 2 Office, 290 Broadway, 25th Secretary of Veterans Affairs. Own (WYO) program, participating Floor, New York, New York 10007– insurers are entitled to an expense [FR Doc. 01–11745 Filed 5–9–01; 8:45 am] 1866. allowance—a portion of the flood BILLING CODE 8320–01–P New York State Department of premiums from the policies that the Environmental Conservation, Division insurers sell. The expense allowance is of Air Resources, 50 Wolf Road, based on data for the property/casualty ENVIRONMENTAL PROTECTION Albany, New York 12233. industry published, as of March 15 of AGENCY FOR FURTHER INFORMATION CONTACT: the prior Arrangement year, in Part III Craig Flamm, Air Programs Branch, of the Insurance Expense Exhibit in 40 CFR Part 62 Environmental Protection Agency, 290 A.M. Best Company’s Aggregates and Broadway, 25th Floor, New York, New [Region 2 Docket No. NY46–217b, FRL– Averages for five property coverages. 6977–3] York 10278, (212) 637–4021. Based on our analysis of recent SUPPLEMENTARY INFORMATION: For expense information from the Approval and Promulgation of State additional information see the direct companies, we conclude that we should Plans For Designated Facilities; New final rule which is located in the Rules increase the current expense allowance York Section of this Federal Register. under the Arrangement. We are AGENCY: Environmental Protection Dated: April 19, 2001. therefore proposing a change in the Agency (EPA) William J. Muszynski, expense allowance to reflect this new ACTION: Proposed rule. Acting Regional Administrator Region 2. cost information. [FR Doc. 01–11830 Filed 5–9–01; 8:45 am] SUMMARY: EPA is proposing to approve National Environmental Policy Act BILLING CODE 6560–50–P the New York supplementary submittal (NEPA) for meeting EPA’s conditional approval NEPA imposes requirements for of the New York State Plan for considering the environmental impacts FEDERAL EMERGENCY regulating existing Municipal Solid of agency decisions. It requires that an MANAGEMENT AGENCY Waste Landfills. The supplemental agency prepare an Environmental submittal documents that, except for 44 CFR Part 62 Impact Statement (EIS) for ‘‘major two landfills, all are in compliance. A federal actions significantly affecting the Title V permit containing a compliance RIN 3067–AD23 quality of the human environment.’’ If schedule with all five federally an action may or may not have a National Flood Insurance Program; enforceable increments of progress has significant impact, the agency must Assistance to Private Sector Property been provided for one landfill and the Insurers prepare an environmental assessment other landfill is undergoing an (EA). If, as a result of this study, the applicability determination. In the AGENCY: Federal Emergency agency makes a Finding of No ‘‘Rules and Regulations’’ section of this Management Agency (FEMA). Significant Impact (FONSI), no further
VerDate 11
action is necessary. If it will have a Financial Assistance/Subsidy Executive Order 13132, Federalism significant effect, then the agency uses Arrangement between the Federal Executive Order 13132 sets forth the EA to develop an EIS. Insurance Administrator and the private principles and criteria that agencies Categorical Exclusions. Agencies can sector insurers that sell and service must adhere to in formulating and categorically identify actions (for flood insurance. The adjustment would implementing policies that have example, repair of a building damaged increase by approximately $14 million federalism implications, that is, by a disaster) that do not normally have the expense allowance paid to the WYO regulations that have substantial direct a significant impact on the environment. private sector insurers. It would not effects on the States, or on the The purpose of this proposed rule is to have an annual effect on the economy distribution of power and adjust the expense allowance under the of $100 million or more or adversely responsibilities among the various Financial Assistance/Subsidy affect in a material way the economy, levels of government. Federal agencies Arrangement between the Federal the insurance sector, competition, or must closely examine the statutory Insurance Administrator and the private other sectors of the economy. It would authority supporting any action that sector insurers that sell and service create no serious inconsistency or would limit the policymaking discretion flood insurance. otherwise interfere with an action taken of the States, and to the extent Accordingly, we have determined that or planned by another agency. It would practicable, must consult with State and this rule is excluded from the not materially alter the budgetary local officials before implementing any preparation of an environmental impact of entitlements, grants, user fees, such action. assessment or environmental impact or loan programs or the rights and We have reviewed this proposed rule statement under 44 CFR 10.8(d)(2)(ii), obligations of recipients thereof. Nor under E.O.13132 and have determined where the rule is related to actions that does it raise novel legal or policy issues that the rule does not have federalism qualify for categorical exclusion under arising out of legal mandates, the implications as defined by the Executive 44 CFR 10.8(d)(2)(i), which addresses President’s priorities, or the principles Order. The rule would adjust the the preparation, revision, and adoption set forth in the Executive Order. expense allowance under the Financial of regulations, directives, and other The Office of Management and Budget Assistance/Subsidy Arrangement guidance documents related to actions has not reviewed this proposed rule between the Federal Insurance that qualify for categorical exclusions. under the principles of Executive Order Administrator and the private sector We have not prepared an environmental 12866. insurers that sell and service flood assessment or environmental impact Paperwork Reduction Act insurance. The rule in no way that we statement as defined by NEPA. foresee affects the distribution of power Executive Order 12866, Regulatory This rule does not contain a collection and responsibilities among the various Planning and Review of information and is therefore not levels of government or limits the subject to the provisions of the We have prepared and reviewed this policymaking discretion of the States. Paperwork Reduction Act. proposed rule under the provisions of List of Subjects in 44 CFR Part 62 E.O. 12866, Regulatory Planning and Regulatory Flexibility Act Flood insurance. Review. Under Executive Order 12866, Under the Regulatory Flexibility Act 58 FR 51735, October 4, 1993, a Accordingly, amend 44 CFR Part 62 as agencies must consider the impact of significant regulatory action is subject to follows: their rulemakings on ‘‘small entities’’ OMB review and the requirements of (small businesses, small organizations PART 62—INSURANCE COVERAGE the Executive Order. The Executive and local governments). When 5 U.S.C. AND RATES Order defines ‘‘significant regulatory 553 requires an agency to publish a action’’ as one that is likely to result in 1. The authority citation for part 62 notice of proposed rulemaking, the Act a rule that may: continues to read as follows: requires a regulatory flexibility analysis (1) Have an annual effect on the Authority: 42 U.S.C. 4001 et seq.; economy of $100 million or more or for both the proposed rule and the final rule if the rulemaking could ‘‘have a Reorganization Plan No. 3 of 1978, 43 FR adversely affect in a material way the 41943, 3 CFR, 1978 Comp., p. 329; E.O. economy, a sector of the economy, significant economic impact on a 12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR, productivity, competition, jobs, the substantial number of small entities.’’ 1979 Comp., p. 376. environment, public health or safety, or The Act also provides that if a regulatory flexibility analysis is not 2. Revise Article III.B of appendix A State, local, or tribal governments or to part 62 to read as follows: communities; required, the agency must certify in the (2) Create a serious inconsistency or rulemaking document that the Appendix A to Part 62—Federal otherwise interfere with an action taken rulemaking will not ‘‘have a significant Emergency Management Agency, or planned by another agency; economic impact on a substantial Federal Insurance Administration, (3) Materially alter the budgetary number of small entities.’’ Financial Assistance/Subsidy impact of entitlements, grants, user fees, This proposed rule revises the NFIP Arrangement or loan programs or the rights and regulations to adjust the expense * * * * * obligations of recipients thereof; or allowance under the Financial (4) Raise novel legal or policy issues Assistance/Subsidy Arrangement Article III—Loss Costs, Expenses, Expense arising out of legal mandates, the between the Federal Insurance Reimbursement, and Premium Refunds President’s priorities, or the principles Administrator and the private sector * * * * * set forth in the Executive Order. insurers that sell and service flood B. The Company may withhold as For the reasons that follow we have insurance. Therefore, I certify that a operating and administrative expenses, other than agents’ or brokers’ commissions, an concluded that the proposed rule is regulatory flexibility analysis is not amount from the Company’s written neither an economically significant nor required for this rule because it would premium on the policies covered by this a significant regulatory action under the not have a significant economic impact Arrangement in reimbursement of all of the Executive Order. The rule would adjust on a substantial number of small Company’s marketing, operating, and the expense allowance under the entities. administrative expenses, except for allocated
VerDate 11
and unallocated loss adjustment expenses The Company may retain fifteen percent investigations on a community or individual described in C. of this article. This amount (15%) of the Company’s written premium on risk basis, and to determine equitable and will equal the sum of the average of industry the policies covered by this Arrangement as accurate estimates of flood insurance risk expense ratios for ‘‘Other Acq.’’, ‘‘Gen. Exp.’’, the commission allowance to meet premium rates as authorized under the and ‘‘Taxes’’ calculated by aggregating commissions or salaries of their insurance National Flood Insurance Act of 1968, as premiums and expense amounts for each of agents, brokers, or other entities producing five property coverages using direct premium qualified flood insurance applications and amended. We will reimburse the Company and expense information to derive weighted other related expenses. for the charges or fees for such services under average expense ratios. For this purpose, we The amount of expense allowance retained the provisions of the WYO Accounting (the Federal Insurance Administration) will by the Company may increase a maximum of Procedures Manual. use data for the property/casualty industry two percentage points, depending on the * * * * * published, as of March 15 of the prior extent to which the Company meets the Arrangement year, in Part III of the Insurance marketing goals for the Arrangement year (Catalog of Federal Domestic Assistance No. Expense Exhibit in A.M. Best Company’s contained in marketing guidelines 83.100, ‘‘Flood Insurance’’) Aggregates and Averages for the following established pursuant to Article II.G. We will Dated: May 1, 2001. five property coverages: Fire, Allied Lines, pay the company the amount of any increase Howard Leikin, Farmowners Multiple Peril, Homeowners after the end of the Arrangement year. Multiple Peril, and Commercial Multiple The Company, with the consent of the Acting Administrator, Federal Insurance Peril (non-liability portion). In addition, this Administrator as to terms and costs, may use Administration. amount will be increased by one percentage the services of a national rating organization, [FR Doc. 01–11365 Filed 5–9–01; 8:45 am] point to reimburse expenses beyond regular licensed under state law, to help us BILLING CODE 6718–03–P property/casualty expenses. undertake and carry out such studies and
VerDate 11
Notices Federal Register Vol. 66, No. 91
Thursday, May 10, 2001
This section of the FEDERAL REGISTER Register (64 FR 23795–23796, Docket is designed to ensure that all interested contains documents other than rules or No. 98–085–1). We published this persons are involved together from the proposed rules that are applicable to the ANPR after receiving petitions 1 asking start in the development of regulations. public. Notices of hearings and investigations, us to regulate aquaculture in various Unfortunately, negotiated rulemaking committee meetings, agency decisions and ways. Many petitioners asked us to rulings, delegations of authority, filing of is not suitable for all situations. It works petitions and applications and agency define farmed aquatic animals as well when there is a small number of statements of organization and functions are livestock. In general, the petitioners interested parties and the parties are examples of documents appearing in this seemed to be interested in receiving the easy to identify. This is not the case section. same services that domestic producers with aquaculture. Because the of livestock receive for animals moving aquaculture industry is large and in interstate and foreign commerce. diverse, we would have difficulty DEPARTMENT OF AGRICULTURE However, based on the petitions alone, identifying everyone who should be it was difficult for us to determine what represented in a negotiated rulemaking. Animal and Plant Health Inspection segments of the industry want services In addition, many parties outside of Service and exactly what services they want. It aquaculture would have a substantial [Docket No. 98–085–5] was also difficult to determine the interest in such a rulemaking. In our objectives sought by the petitioners who view, the number of people who would Aquaculture; Public Meeting were requesting Federal regulation. We need to participate in a negotiated published the ANPR in an attempt to rulemaking would be too large and AGENCY: Animal and Plant Health clarify the industry’s needs, the nature Inspection Service, USDA. would suggest that negotiated of the services sought, and the concerns rulemaking is not appropriate. ACTION: Notice of public meeting. the petitioners had with regard to such Furthermore, a negotiated rulemaking regulations. SUMMARY: We are issuing this notice to would be expensive, and APHIS does We received 55 comments 2 in inform the aquaculture industries, not have adequate funds. Therefore, we response to the ANPR. A majority of the interested parties, and the general have concluded that it would not be commenters supported the idea of public that a public meeting will be appropriate to pursue an aquaculture APHIS regulation of cultured fin fish. held to discuss how and to what extent negotiated rulemaking. Unfortunately, the commenters the Animal and Plant Health Inspection generally did not clearly distinguish However, we have not decided Service should regulate aquatic species between fin fish raised for food and whether to pursue aquaculture and to discuss any other issues ornamental fin fish. Commenters who rulemaking by other means. Before we concerning possible regulation of wanted regulation were, however, very make that decision, we want to have as aquaculture by the Agency. clear that they want programs to prevent much information as possible from all DATES: The public meeting will be held and control disease and to support interested persons, and we want to on Friday, June 8, 2001, from 2 p.m. to increased commerce, both domestic and provide you with as much opportunity 5 p.m. export. as possible to discuss with us and ADDRESSES: The public meeting will be The commenters also suggested that inform us regarding the relevant issues. held in the Community Meeting Room any rulemaking initiated by APHIS be a Therefore, we are holding a series of of the Twin Falls County Office negotiated rulemaking. In negotiated public meetings. Public meetings allow Building, 246 Third Avenue East, Twin rulemaking, industry representatives all interested parties—industry Falls, ID, in conjunction with the annual and other interested persons meet with representatives, producers, consumers, meeting of the Idaho Aquaculture APHIS officials and draft proposed and others—to present their views and Association. regulations together. The proposed to exchange information among FOR FURTHER INFORMATION CONTACT: For regulations are then published for themselves and with APHIS. information about the APHIS public public comment. Negotiated rulemaking There are no set agendas for the meeting, contact Dr. Otis Miller, Jr., meetings. Any issues and concerns National Aquaculture Coordinator, 1 All the petitions and comments we received are related to aquaculture and possible a part of the rulemaking record for Docket No. 98– APHIS regulatory action can be Center for Planning, Certification, and 085–1. You may read the petitions and comments Monitoring, VS, APHIS, 4700 River in our reading room. The reading room is located discussed. However, we would like Road Unit 46, Riverdale, MD 20737– in room 1141 of the USDA South Building, 14th more information on three specific 1231, (301) 734–6188. Street and Independence Avenue, SW., issues. These are issues that the people For information regarding the annual Washington, DC. Normal reading room hours are 8 and organizations who commented on a.m. to 4:30 p.m., Monday through Friday, except meeting of the Idaho Aquaculture holidays. To be sure someone is there to help you, our ANPR either did not address or Association, call Mr. Dave Bruhn, please call (202) 690–2817 before coming. were unclear about. Specifically, if Executive Secretary, Idaho Aquaculture 2 All the petitions and comments we received are APHIS does propose regulations: (1) Association, (208) 543–4898. a part of the rulemaking record for Docket No. 98– Should our program be mandatory or 085–1. You may read the petitions and comments SUPPLEMENTARY INFORMATION: On May 4, in our reading room. The reading room is located voluntary; (2) should we cover shell 1999, the Animal and Plant Health in room 1141 of the USDA South Building, 14th fish; and (3) should we cover Inspection Service (APHIS) published Street and Independence Avenue, SW., ornamental fin fish? Washington, DC. Normal reading room hours are 8 an advance notice of proposed a.m. to 4:30 p.m., Monday through Friday, except Information elicited at the meetings rulemaking (ANPR) titled ‘‘Aquaculture: holidays. To be sure someone is there to help you, could result in a new APHIS regulatory Farm-Raised Fin Fish’’ in the Federal please call (202) 690–2817 before coming. program or in changes to aquaculture-
VerDate 11
related services currently provided by Done in Washington, DC, this 4th day of The objectives of the SBIR Program are APHIS. May 2001. to stimulate technological innovation in We have scheduled this public Chester A. Gipson, the private sector, strengthen the role of meeting, the fourth meeting in our Acting Administrator, Animal and Plant small businesses in meeting Federal Health Inspection Service. series, for Friday, June 8, 2001, in the research and development needs, increase private sector Community Meeting Room of the Twin [FR Doc. 01–11816 Filed 5–9–01; 8:45 am] commercialization of innovations Falls County Office Building, Twin BILLING CODE 3410–34–D derived from USDA-supported research Falls, ID. If you wish to speak at the and development efforts, and foster and meeting, please register in advance by DEPARTMENT OF AGRICULTURE encourage participation by women- calling the Regulatory Analysis and owned and socially and economically Development voice mail at (301) 734– Cooperative State Research, disadvantaged small business firms in 4339. Leave a message with your name, Education, and Extension Service technological innovation. The Program telephone number, organization, if any, is carried out in three separate phases. and an estimate of the time you need to Notice of Intent To Revise and Request The purpose of Phase I is to determine speak. You may also register at the an Extension of a Currently Approved the scientific or technical feasibility of meeting by following the instructions Information Collection ideas; Phase II is the principal research provided by an APHIS representative at AGENCY: Cooperative State Research, or research and development effort; and the beginning of the meeting. Starting Education, and Extension Service, Phase III is to stimulate technological with the advance registrants, we will USDA. innovation and the national return on call speakers in the order in which they ACTION: Notice and request for investment from research through the registered. comments. pursuit of commercial objectives The meeting will begin at 2 p.m. and resulting from work carried out in is scheduled to end at 5 p.m. We may SUMMARY: In accordance with the Phases I and II. end the meeting early if all the Paperwork Reduction Act of 1995 and USDA conducts its SBIR program registered speakers have had a chance to Office of Management and Budget through the use of grants awards and speak and if no one else wants to speak. (OMB) implementing regulations, this these grants are administered by the Agreements and Special Projects Branch We may also extend the meeting or limit notice announces the Cooperative State and the Grants Management Branch, the time allowed for each speaker, if Research, Education, and Extension Office of Extramural Programs, necessary, so all interested persons have Service’s (CSREES) intention to revise Competitive Research Grants and an opportunity to participate. and extend a currently approved information collection, Form CSREES– Awards Management, CSREES. Each An APHIS representative will preside 667 ‘‘Proposal Cover Sheet,’’ and Form year, USDA issues an SBIR program at the meeting. The meeting will be CSREES–668, ‘‘Project Summary.’’ solicitation requesting Phase I recorded. We encourage speakers to DATES: Comments on this notice must be proposals. These proposals are present written statements, though it is received on or before July 16, 2001 to be evaluated by peer review panels and not required. If you choose to present a assured of consideration. awarded on a competitive basis. The written statement, please provide the SBIR Program Solicitation requests that ADDRESSES: Address all comments chairperson with a copy. The complete applicants submit proposals following regarding this notice to Sally J. Rockey, record, including the transcript and all the format outlined in the Small Deputy Administrator, Competitive written comments, will be available to Business Administration (SBA) Policy Research Grants and Awards the public. Directive. This simplified and Management, CSREES, USDA, STOP This meeting is the fourth in our standardized proposal format is used by 2240, 1400 Independence Avenue, SW., all of the Federal agencies participating series of public meetings. The first Washington, DC 20250–2240. E-mail: in the SBIR Program in order to reduce public meeting was held on January 25, [email protected]. the application burden of the small 2001, in Lake Buena Vista, FL. The FOR FURTHER INFORMATION CONTACT: business firms that wish to apply to second public meeting was held on Sally J. Rockey, (202) 401–1761. more than one agency. February 16, 2001, in Hebron, KY, and SUPPLEMENTARY INFORMATION: Before awards can be made, certain the third public meeting was held on Title: Grant Application Forms for the information is required from applicants April 5, 2001, in Machias, ME. We plan Small Business Innovation Research as part of an overall proposal package. to hold additional meetings in Grants Program. In addition to project summaries, Washington (September 2001, in OMB Number: 0524–0025. descriptions of the research or teaching conjunction with the Pacific Coast Expiration Date of Approval: July 31, efforts, literature reviews, curricula Shellfish Growers Association Annual 2001. vitae of principal investigators, and Conference), Pennsylvania (October Type of Request: Intent to revise and other, relevant technical aspects of the 2001, in conjunction with the extend a currently approved proposed project, supporting Pennsylvania Aquaculture Advisory information collection for three years. documentation of an administrative and Committee and Pennsylvania Abstract: In 1982, the Small Business budgetary nature also must be provided. Aquaculture Association Annual Innovation Research (SBIR) Program Because of the nature of the Meeting), Mississippi (October 2001, in was authorized by Pub. L. 97–219, and competitive, peer-reviewed process, it is conjunction with a meeting of the in 1992 reauthorized through October 1, important that information from Catfish Farmers of America), and 2000, by Pub. L. 102–564. In 2000, the applicants be available in a Arkansas (October 2001, in conjunction SBIR program was reauthorized through standardized format to ensure equitable with a meeting of the Catfish Farmers of September 30, 2008, by Pub. L. 106–554. treatment. Arkansas). We will publish a notice or This legislation requires each Federal This program also uses forms notices in the Federal Register agency with a research and research and approved in the OMB-approved announcing the dates, times, and development budget in excess of $100 collection of information package 0524– locations of the meetings. million to establish an SBIR program. 0039. These forms include Form
VerDate 11
CSREES–2004, ‘‘Budget;’’ Form (b) the accuracy of the agency’s estimate ADDRESSES: Written comments and CSREES–2006, ‘‘National of the burden of the proposed collection questions should be send to: Dave Frew, Environmental Policy Act Exclusions of information including the validity of Interdisciplinary Team Leader, Attn: Form;’’ and Form CSREES–2008, the methodology and assumptions used; Fox Lake Project, Roosevelt/Duchesne ‘‘Assurance Statement(s)—For Research (c) ways to enhance the quality, utility Ranger Districts, Ashley National Forest, Projects.’’ and clarity of the information to be 244 West Highway 40, Roosevelt, Utah Forms CSREES–667, ‘‘Phase I and collected; and (d) ways to minimize the 84066. Phase II Proposal Cover Sheet;’’ and burden of the collection of information FOR FURTHER INFORMATION CONTACT: CSREES–668, ‘‘Phase I and Phase II on those who are to respond, including Specific questions about the proposed Project Summary’’ are used to obtain through the use of appropriate project and analysis should be directed USDA recordkeeping data, required automated, electronic, mechanical, or to Dave Frew, Interdisciplinary Team certifications, and information used to other technological collection Leader, 244 West Highway 40, respond to inquiries from Congress, techniques or other forms of information Roosevelt, Utah 84066. other Government agencies, and the technology. Comments should be sent to Responsible Official: Jack Blackwell, grantee community concerning grant the address stated in the preamble. Regional Forester, Intermountain projects supported by the USDA SBIR Comments also may be submitted Region, is the responsible official for Program. directly to OMB and should be this EIS and the Record of Decision. The following information has been addressed to: Desk Officer for SUPPLEMENTARY INFORMATION: This collected and will continue to be Agriculture, Office of Information and proposal arose due to concerns found in collected: Regulatory Affairs, Office of various state and federal inspections of Forms CSREES–667— Identification: Management and Budget, Washington, these dams over the past couple of designates the research topic area under DC 20502. years. Both of these dams are over 70 which a proposal is submitted for All responses to this notice will be years old, and like all human made consideration; USDA recordkeeping summarized and included in the request structures require periodic maintenance data: provides names and addresses of for OMB approval. All comments also to insure their safe continued operation. principal investigators and authorized will become a matter of public record. These reservoirs are accessible only by agents of small business firms; and primitive trail—there are not roads Certifications: Provides required Done at Washington, DC, this 2d day of accessing these facilities. In the past, May, 2001. certifications; for example, the applicant these reservoirs have been accessed qualifies as a small business for Colien Hefferan, from time to time by helicopter. The purposes of the SBIR Program; the Administrator, Cooperative State Research, reservoirs must be maintained if storage applicant qualifies as a minority and Education, and Extension Service. is to continue to be allowed. disadvantaged and/or women-owned [FR Doc. 01–11817 Filed 5–9–01; 8:45 am] In 1984, Congress designated the area small business. BILLING CODE 3410–22–P encompassing these reservoir sites at the Form CSREES–668—Project High Uintas Wilderness, further summary: Provides a Technical Abstract complicating access by the wilderness used when releasing information about DEPARTMENT OF AGRICULTURE provision against motorized or grant projects supported and keywords mechanical access or the use of Forest Service to identify the technology/research motorized or mechanical tools and thrust/commercial application of the Fox and Crescent Reservoir equipment. The 1964 Wilderness Act projects. Maintenance, High Uintas Wilderness, provides that motorized transport, tools Estimate of Burden: Public reporting Ashley National Forest, Duchesne and equipment and/or mechanical burden for this collection of information County, UT access may be authorized in specific is estimated to average 5.15 hours per circumstances, that being when it is response. AGENCY: Forest Service, USDA. determined they are the minimum Respondents: Businesses or other for- requirement necessary for the proper ACTION: Notice of intent to prepare an profits. environmental impact statement. administration of the area, and when Estimated Number of Responses Per authorized by the proper authority. Form: 480 for Form CSREES–667 and SUMMARY: Dry Gulch Irrigation Company Proposed Action 480 for Form CSREES–668. (DGIC), holder of special use permits to Estimated Number of Responses Per DGIC proposes the following activities operate Fox and Crescent reservoir dams Respondent: 1. to insure the proper maintenance of the in the High Uintas Wilderness on the Estimated Total Annual Burden on dams. Both the State of Utah Ashley National Forest, has requested Respondents: 2,472 hours, broken down Department of Natural Resources, permission to maintain the dam by: 672 hours for Form CSREES–667 Division of Water Rights, and the Forest structures to correct deficiencies that (1.4 hours per 480 respondents) and Service agree that the maintenance may result in failure of the dams in the 1,800 hours for Form CSREES–668 (3.75 activities proposed meet the technical near future. This maintenance work will hours per 480 respondents). requirements, and are necessary to require an assessment of environmental Copies of this information collection accomplish if the dams are to continue consequences, including those can be obtained from Duane Alphs, to be used for their intended purpose. associated with proposals to use Policy and Program Liaison Staff, The proposed action involves helicopter motorized and mechanical tools and CSREES, (202) 401–3319. E-mail: transport to the reservoir sites for equipment within the boundaries of the [email protected]. materials and equipment, and also High Uintas Wilderness. Comments: Comments are invited on: proposes on-site motorized equipment (a) Whether the proposed collection of DATES: To be most useful for early to complete the work. information is necessary for the proper identification of issues, comments performance of the functions of the concerning the scope of the analysis Fox Lake agency, including whether the should be received in writing by May Repairs to the outlet pipe with consist information will have practical utility; 29, 2001. of slip lining the existing 36 inch
VerDate 11
corrugated pipe with 30″ ID and a 321⁄2″ Transporting these tools and Alternative 4—No Action OD 40 pound pressure HEPE pipe with equipment will require an estimated Under this alternative, the proposed two joints totaling 96 ft. 6 inches, with minimum of 16 to 22 helicopter flights. repairs will not be completed. This will a stainless steel band to join the pipes. The project is estimated to take 40–45 require that a storage restriction be put A new structure will be formed and a days with work crews varying from six on the Fox reservoir immediately and new concrete structure will be poured. to fourteen personnel. The helicopter shortly on the Crescent reservoir. Future The outlet structure may also need to be operation will require a staging area be work under this alternative will require replaced, or if not replaced, then some established at a site outside the activity to permanently stabilize these grout work will be necessary. Existing wilderness at the Reader Creek reservoirs so as not to function as draw head gate controls will be removed and meadows. The staging area is accessed down reservoirs. This alternative the wet well will be filed with native via the Chepeta Lake road, and the effectively eliminates the reservoirs as material. A new 30-inch Waterman head helicopter refueling operations will take storage for late season irrigation water to gate and frame assembly will be place at the staging area. Helicopter the farms and ranches in the Uinta installed on the inlet end of the outlet drop zones will be located either on the Basin. pipe. The southwest levee will be raised dam itself or within close proximity, to approximately 3 inches in elevation to the work areas. If possible, drop zones Issues match the elevation of the dam. The will be within the reservoir area. The following is a preliminary list of north levee will be raised approximately It is proposed that four saddle horses issues identified by the ID Team. Other 9 inches to match the elevation of the be at the worksite for the duration of the issues raised during public involvement dam. Native material from existing project for safety reasons, and four to six will also be discussed in this EIS. The borrow pits are proposed to be used to draft horses be available for 21 days to preliminary issues include: complete this portion of the project. assist with the project work. There will 1. Impacts of the project on There may also be some work on the be other horses used as needed for wilderness values. main dike to insure proper freeboard. transportation to and from the worksite. 2. Ability to use legally held water The leak at the toe of the southwest The livestock will be using forage areas rights. levee will be excavated into the to the north and west of Fox reservoir. 3. Access to the sites—impacts on downstream toe and a sand filter Supplemental feed may be required for existing trails. installed to stop any fine material the livestock. Campsites will be 4. Water Quality. movement through the dike. This sand established t6o support up to 14 persons 5. Riparian Areas/Stream Conditions. will be over laid with native material. at one time per campsite. Campsites will 6. Borrow areas and sites—material Any leaks on the upstream apron of be at least one mile apart. sources. the spillway will be repaired. An 8 inch 7. Rehabilitation of disturbed areas. Alternatives 8. Impact to wilderness visitors thick retaining wall, three feet high, and including noise, dust, and opportunities 22 feet long will be poured on the At least two and possibly three action for solitude. downstream apron and will be doweled alternatives will be considered in the 9. Impacts to wildlife resources into the existing concrete spillway and analysis. including Threatened, Endangered and the cracks will also be repaired. Riprap Alternative 1—Proposed Action (As Sensitive species. will be placed on the downstream to Described Above) 10. Impacts to outfitter—guide protect the spillway. All woody Alternative 2—Complete Repairs Using operations. vegetation will be removed from the 11. Historical integrity of the dams. existing dam, levees, and dike (this Primitive Means action could take place annually or as This alternative will basically require Decision To Be Made needed for long term maintenance.) that the needed work be done with The decision to be made is: Should Crescent Lake wilderness friendly tools and the DGIC be allowed to effect the equipment—minimizing or eliminating repairs, as proposed, on Fox and A new head gate frame assembly will the proposed means of access by Crescent dams to allow further use of be installed and any repairs to the head helicopter and the one-site motorized the reservoirs as storage for late season gate or outlet pipe will be performed to and mechanical equipment to perform irrigation water as presently authorized ensure proper operation. The cracks in the needed work. This alternative must under special use permit, and, if so, the masonry dam will be repaired using be analyzed with the understanding that what motorized and mechanical tools a grout facing material and glue mixture. changing the proposal to the extent that and equipment will be allowed in the The proposed action requires the repairs cannot effectively be made to designated High Uintas Wilderness to following materials at the reservoir sites: meet safety and other pertinent complete the project. A decision will An oxygen and acetylene torch, 24 standards will not meet the purpose and also be made on the location of the pieces of 1⁄2 inch rebar, one generator, need of the project. helicopter-staging site outside the one generator welder, two portable wilderness. electric cement mixers, one grout pump, Alternative 3—Modification of the 100 gallons of fuel, one containment Proposed Action Public Involvement trough, six feet of 36 inch culvert and There may be other ways to Public participation is especially band, two wheel barrows, two 2 inch accomplish the needed work through important at several points during the water pumps, sealable containers for some variation or modification of the analysis, particularly during initial transportation of human waste materials proposed action that will further scoping and review of the draft EIS. from the job site, 96.5 feet of HDPE pipe, address important issues or minimize Individuals, organizations, federal, state, a 30 inch Waterman head gate, impacts and costs of the project. These and local agencies who are interested in miscellaneous lumber and forms, modifications often become apparent as or affected by the decision are invited to miscellaneous tools and supplies, and the analysis of the project goes forward participate in the scoping process. This camp equipment and supplies for the and our publics become involved in the information will be used in the work crews. process. preparation of the draft EIS.
VerDate 11
The second major opportunity for of the alternates formulated and grade for the state and counties. In six public input is during the review of the discussed in the statement. Reviewers states we collect year-end enrollment. draft EIS. The draft EIS is expected to may wish to refer to the Council on The U.S. Census Bureau uses school be filed with the EPA (Environmental environmental Quality Regulations for enrollment data in preparing estimates Protection Agency) and to be available implementing the procedural provisions of state population. State population for public review in September, 2001. of the National Environmental Policy estimates are used by dozens of Federal At that time the EPA will publish a Act at 40 CFR 1503.3 in addressing agencies for allocating Federal program notice of availability of the draft EIS in these points. funds, as bases for rates of occurrences, the Federal Register. The comment After the comment period ends on the and as input for Federal surveys. State period on the draft EIS will be 45 days draft EIS, the comments will be and local governments, businesses, and from the date the EPA’s notice of analyzed and considered in preparing the general public use state population availability appears in the Federal the final EIS. The final EIS is scheduled estimates for planning and other Register. It is very important that those for completion in March, 2002. information uses. interested in this proposed action Dated: April 16, 2001. II. Method of Collection participate at that time. To be the most Jack G. Troyer, The School Enrollment Report, P–4 helpful, comments on the draft EIS Deputy Regional Forester. should be as specific as possible and form, is mailed each spring to [FR Doc. 01–11740 Filed 5–9–01; 8:45 am] may address the adequacy of the approximately 30 state education statement or the merits of the BILLING CODE 3401–11–M agencies. We request fall public and alternatives discussed (Reviewers may nonpublic school enrollment by grade wish to refer to the Council on for the state and counties. Responses are Environmental Quality Regulations for DEPARTMENT OF COMMERCE returned and reviewed on a flow basis implementing the procedural provisions Census Bureau during the summer and early fall. Data of the National Environmental Policy collected will be used as input for the Act at 40 CFR 1503.3 in addressing School Enrollment Report development of population estimates. these points). The Forest Service The estimates are made in November, believes, at this early stage, it is ACTION: Proposed collection; comment December, and January. request important to give reviewers notice of III. Data several federal court rulings related to SUMMARY: The Department of public participation in the OMB Number: 0607–0459. Commerce, as part of its continuing environmental review process. First, Form Number: P–4. effort to reduce paperwork and reviewers of draft environmental impact Type of Review: Regular Review. respondent burden, invites the general statements must structure their Affected Public: State education public and other Federal agencies to participation in the environmental agencies. take this opportunity to comment on review process. First, reviewers of draft Estimated Number of Respondents: proposed and/or continuing information environmental impact statements must 30. collections, as required by the structure their participation in the Estimated Time Per Response: 30 Paperwork Reduction Act of 1995, environmental review of the proposal so minutes. Public Law 104–13 (44 U.S.C. that it is meaningful and alerts an Estimated Total Annual Burden 3506(c)(2)(A)). agency to the reviewer’s position and Hours: 15 hours. contentions. Vermont Yankee Nuclear DATES: Written comments must be Estimated Total Annual Cost: @$27.25 Power Corp. v. NRDC, 435 U.S. 519, 533 submitted on or before July 9, 2001. per hour, $409. (1978). Also environmental objections ADDRESSES: Direct all written comments Respondent’s Obligation: Voluntary. that could be raised at the draft EIS to Madeleine Clayton, Departmental Legal Authority: Title 13 USC, Sections stage, but that are not raised until after Paperwork Clearance Officer, 181 and 182. completion of the final EIS, may be Department of Commerce, Room 6086, waived or dismissed by the courts. City 14th and Constitution Avenue, NW., IV. Request for Comments of Angoon v. Hodel, (9th Circuit, 1986) Washington, DC 20230 (or via the Comments are invited on: (a) Whether and Wisconsin Heritages, Inc v. Harris, Internet at [email protected]). the proposed collection of information 490 F. Supp. 1334, 1338 (E.D. Wis, FOR FURTHER INFORMATION CONTACT: is necessary for the proper performance 1980). Because of these court rulings, it Requests for additional information or of the functions of the agency, including is very important that those interested copies of the information collection whether the information shall have in this proposed action participate by instrument(s) and instructions should practical utility; (b) the accuracy of the the close of the 30-day comment period be directed to Josie Baker, U.S. Census agency’s estimate of the burden so that substantive comments and Bureau, Room 2331, Washington, DC (including hours and cost) of the objections are made available to the 20233–0001, 301–457–2441, proposed collection of information; (c) Forest Service at a time when it can [email protected] ways to enhance the quality, utility, and meaningfully consider them and SUPPLEMENTARY INFORMATION: clarity of the information to be respond to them in the final EIS. collected; and (d) ways to minimize the To assist the Forest Service in I. Abstract burden of the collection of information identifying and considering issues and Each year the U.S. Census Bureau on respondents, including through the concerns on the proposed action, sends the School Enrollment Report, P– use of automated collection techniques comments on the draft EIS should be as 4 form to the 30 state departments of or other forms of information specific as possible. It is also helpful if education that do not publish technology. comments refer to specific pages or enrollment data early enough in the year Comments submitted in response to chapters of the draft statement. for us to use their published reports. this notice will be summarized and/or Comments may also address the Information requested includes fall included in the request for OMB adequacy of the draft EIS or the merits public and nonpublic enrollment by approval of this information collection;
VerDate 11
they also will become a matter of public practicable to complete this review ADDRESSES: Written comments on any of record. within the time limits mandated by the new applications or modification Dated: May 7, 2001. section 751(a)(3)(A) of the Act and requests should be sent to the section 351.213(h) of the Department’s Madeleine Clayton, appropriate office as indicated below. regulations. See Memorandum from Comments may also be sent via fax to Departmental Paperwork Clearance Officer, Barbara E. Tillman to Joseph A. Office of the Chief Information Officer. the number indicated for the application Spetrini, dated April 27, 2001 (on file in or modification request. Comments will [FR Doc. 01–11812 Filed 5–9–01; 8:45 am] the public file of the Central Records not be accepted if submitted via e-mail BILLING CODE 3510–07–P Unit, Room B–099 of the Department of or the Internet. The applications and Commerce). related documents are available for Therefore, in accordance with section DEPARTMENT OF COMMERCE review in the indicated office, by 751(a)(3)(A) of the Act, the Department appointment: International Trade Administration is extending the time limits for the For permits 1245, 1297, 1303: preliminary results to no later than Endangered Species Division, F/PR3, [A–588–835] August 31, 2001. 1315 East West Highway, Silver Spring, MD 20910 (phone:301–713–1401, fax: Notice of Extension of Time Limit for Dated: May 2, 2001. 301–713–0376). Preliminary Results of Administrative Joseph A. Spetrini, For permits 1237: Protected Resources Antidumping Review: Oil Country Deputy Assistant Secretary for AD/CVD Division, F/NWO3, 525 NE Oregon Tubular Goods from Japan Enforcement III. [FR Doc. 01–11843 Filed 5–9–01; 8:45 am] Street, Suite 500, Portland, OR 97232– AGENCY: Import Administration, BILLING CODE 3510–DS–P 2737 (phone: 503–230–5400, fax: 503– International Trade Administration, 230–5435). Department of Commerce. Documents may also be reviewed by appointment in the Office of Protected EFFECTIVE DATE: May 10, 2001. DEPARTMENT OF COMMERCE Resources, F/PR3, NMFS, 1315 East- FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric West Highway, Silver Spring, MD Doug Campau, Holly Hawkins or Administration 20910–3226 (phone:301–713–1401). Maureen Flannery, AD/CVD FOR FURTHER INFORMATION CONTACT: For Enforcement, Import Administration, [I.D. 050301G] permits 1245, 1297, 1303: Terri Jordan, International Trade Administration, Silver Spring, MD (phone: 301–713– U.S. Department of Commerce, 14th Endangered Species; Permits 1401, fax: 301–713–0376, e-mail: Street and Constitution Avenue, NW., AGENCY: National Marine Fisheries [email protected]) Washington DC 20230; telephone: (202) Service (NMFS), National Oceanic and For permits 1237: Robert Koch, 482–1395, (202) 482–0414 or (202) 482– Atmospheric Administration (NOAA), Portland, OR (ph: 503–230–5424, fax: 3020, respectively. Commerce. 503–230–5435, e-mail: The Applicable Statute ACTION: Receipt of an application for a [email protected]). scientific research permit (1303); Unless otherwise indicated, all Receipt of request to modify research SUPPLEMENTARY INFORMATION: citations to the statute are references to permit 1245; NMFS has issued permit Authority the provisions effective January 1, 1995, 1297; NMFS has issued an amendment the effective date of the amendments of enhancement permit 1237. Issuance of permits and permit made to the Tariff Act of 1930 (the Act) modifications, as required by the by the Uruguay Round Agreements Act. SUMMARY: Notice is hereby given of the Endangered Species Act of 1973 (16 In addition, unless otherwise indicated, following actions regarding permits for U.S.C. 1531–1543) (ESA), is based on a all citations to the Department’s takes of endangered and threatened finding that such permits/modifications: regulations are to the current species for the purposes of scientific (1) are applied for in good faith; (2) regulations, codified at 19 CFR part 351 research and/or enhancement under the would not operate to the disadvantage (2000). Endangered Species Act (ESA): NMFS of the listed species which are the has received an application for a subject of the permits; and (3) are Background scientific research permit from Dr. R. consistent with the purposes and In accordance with 19 CFR Michael Laurs, of Southwest Fisheries policies set forth in section 2 of the § 351.213(b)(2), the Department received Science Center (SWFSC); NMFS has ESA. Scientific research and/or a timely request from petitioner U.S. received a request to modify permit enhancement permits are issued under Steel Group that we conduct an 1245 from Mr. Bruce Stender of the Section 10(a)(1)(A) of the ESA. administrative review of the sales of South Carolina Department of Natural Authority to take listed species is Sumitomo Metal Industries. On Resources; NMFS has issued permit subject to conditions set forth in the September 29, 2000, the Department 1297 to Dr. Peter Dutton of the NMFS permits. Permits and modifications are initiated an administrative review of the - Southwest Fisheries Science Center issued in accordance with and are antidumping duty order on oil country and an amendment of permit 1237 to subject to the ESA and NMFS tubular goods (OCTG) for the period of the Walla Walla District of the U.S. regulations governing listed fish and review (POR) of August 1, 1999 to July Army Corps of Engineers at Walla wildlife permits (50 CFR parts 222–226). 31, 2000, in order to determine whether Walla, WA. Those individuals requesting a merchandise imported into the United DATES: Comments or requests for a hearing on an application listed in this States is being sold at dumped prices. public hearing on any of the new notice should set out the specific applications or modification requests reasons why a hearing on that Extension of Time Limits for must be received at the appropriate application would be appropriate (see Preliminary Results address or fax number no later than 5 ADDRESSES). The holding of such Because of the complexity and timing p.m. eastern standard time on June 11, hearing is at the discretion of the of certain issues in this case, it is not 2001. Assistant Administrator for Fisheries,
VerDate 11
NOAA. All statements and opinions annually. Modification #2 would Dam and Bonneville Dam may be lower contained in the permit action authorize researchers to intubate and than previously expected for the 2001 summaries are those of the applicant ventilate a turtle verified to be juvenile salmonid outmigration season. and do not necessarily reflect the views unconscious, allow researchers to Therefore, NMFS has determined that of NMFS. collect skin biopsies from each turtle, spring transport at McNary Dam by the collect an additional biopsy of any Corps will not operate to the Species Covered in this Notice abnormal growth and to collect a keratin disadvantage of the ESA-listed fish in The following species and sample from the carapace of each turtle 2001. The Corps will load the juvenile evolutionary significant units (ESUs) are for mercury content analysis. fish into aerated trucks and barges for covered in this notice: transportation to below Bonneville Dam Permits and Modified Permits Issued on the Columbia River. Further Sea turtles Permit #1297 handling of the fish does not occur, Threatened and endangered Green except for loading via raceways or when Notice was published on March 5, turtle (Chelonia mydas) the fish are handled for monitoring 2001 (66 FR 13305) that Donna Endangered Hawksbill turtle purposes by Corps personnel or for McDonald, of Ocean Planet Research, (Eretmochelys imbricata) scientific research purposes by Incorporated applied for a scientific Endangered Kemp’s ridley turtle individuals holding separate take research permit (1297). (Lepidochelys kempii) authorizations. The amendment is valid The purpose of this project is to Endangered Leatherback turtle for the duration of Permit 1237. continue long-term monitoring of the (Dermochelys coriacea) However, the conduct of spring status of sea turtles in San Diego Bay. Threatened Loggerhead turtle (Caretta transport at McNary Dam in future years Numbers present, species, size, sex, caretta) will be subject to annual approval by Threatened and endangered Olive health status, and presence or absence NMFS. Additional annual takes of ESA- ridley turtle (Lepidochelys olivacea) of tag will be recorded. Permit 1297 was listed adult fish associated with issued on April 27, 2001, authorizing Fish handling fallbacks at the juvenile fish take of listed species. Permit 1297 transportation facility at McNary Dam Sockeye salmon (Oncorhynchus expires May 31, 2006. are also authorized by the permit nerka): endangered Snake River (SnR). Permit #1237 amendment. Permit 1237 expires on Chinook salmon (O. tshawytscha): December 31, 2005. endangered, naturally produced and Notice was published on February 16, artificially propagated, upper Columbia 2000 (65 FR 7855) that the Corps Dated: May 4, 2001. River (UCR) spring; threatened, applied for an enhancement permit Chris Mobley, naturally produced and artificially (1237). Permit 1237 was issued to the Acting Chief, Endangered Species Division, propagated, SnR spring/summer. Corps on March 22, 2001 (see 66 FR Office of Protected Resources, National Marine Fisheries Service. Steelhead (O. mykiss): endangered, 18447, April 9, 2001). Permit 1237 naturally produced and artificially authorizes the Corps annual takes of [FR Doc. 01–11839 Filed 5–9–01; 8:45 am] propagated, UCR; threatened SnR; ESA-listed Snake River salmon and BILLING CODE 3510–22–S threatened middle Columbia River. steelhead associated with transporting juvenile anadromous fish around the New Applications Received dams and past the reservoirs on the DEPARTMENT OF COMMERCE mainstem lower Snake and Columbia Application 1303 National Oceanic and Atmospheric Rivers in the Pacific Northwest. The Administration The applicant requests authorization purpose of the Corps’ Juvenile Fish to allow take of listed sea turtles while Transportation Program is to increase [I.D.050101E] conducting experiments on methods for juvenile fish survival over the reducing sea turtle take by longline alternative of in-river passage, given Endangered Species; Permit 1067 fisheries in the Pacific Ocean and to existing in-river migratory conditions. allow import of living, deeply hooked AGENCY: National Marine Fisheries On April 26, 2001, NMFS issued an Service (NMFS), National Oceanic and sea turtles for treatment and amendment of enhancement permit rehabilitation. The applicant proposes Atmospheric Administration (NOAA), 1237. For the permit amendment, the Commerce. to take a total of 15 green, 43 Corps is authorized takes of ESA-listed leatherback, 221 loggerhead and 24 ACTION: Receipt of application to modify fish species associated with juvenile permit 1067. olive ridley turtles over the three-year fish transport at McNary Dam on the life of the permit. This application is lower Columbia River during the spring SUMMARY: Notice is hereby given of the available for download and review from 2001 juvenile salmonid outmigration following action regarding permits for the Office of Protected Resources season. The Corps requested the takes of endangered and threatened permitting web site: http:// additional ESA-listed fish takes species for the purposes of scientific www.nmfs.noaa.gov/prot—res/PR3/ (associated with spring transport at research and/or enhancement. NMFS Permits/ESAPermit.html. McNary Dam) in its original permit has received an application from Modification Requests Received application (see 65 FR 7855, February California Department of Fish and 16, 2000). Since the beginning of 2001, Game, Sacramento, CA to modify permit Permit #1245 forecasted river conditions and 1067. The applicant requests a modification anticipated estimates of the project DATES: Comments or requests for a to Permit 1245. Permit 1245 authorizes passage survival of juvenile fish public hearing on any of the new the take of listed sea turtles for scientific migrating in the lower Columbia River applications or modification requests research purposes. Permit #1245 during 2001 have progressively must be received at the appropriate authorizes the take of 250 loggerhead, deteriorated. It now appears that the address or fax number (see ADDRESSES) 10 green, 50 Kemp’s ridley, five survival rate of spring-migrating no later than 5 p.m. Pacific daylight hawksbill and one leatherback turtles juvenile salmonids between McNary time on June 11, 2001.
VerDate 11
ADDRESSES: Written comments on any of modification to permit 1067 for takes of (Balaenoptera edeni) whales for the new applications or modification adult and juvenile threatened CCC coho purposes of scientific research. requests should be sent to Protected salmon (Oncorhynchus kisutch) ADDRESSES: Resources Division, NMFS, 777 Sonoma associated with a proposal to develop a The permit and related Avenue, Room 325, Santa Rosa, CA conservation hatchery program for coho documents are available for review 95404–6528. Comments may also be salmon at the Congressman Don Clausen upon written request or by appointment sent via fax to (707) 578–3435. Fish Hatchery at Warm Springs Dam in in the following office(s): Comments will not be accepted if Sonoma County, CA. The purpose of Permits and Documentation Division, submitted via e-mail or the Internet. this program is to prevent extirpation of Office of Protected Resources, NMFS, The application and related portions of the CCC coho salmon ESU 1315 East-West Highway, Room 13705, documents are available for review in by restoring lost or declining stocks and Silver Spring, MD 20910; phone the following office, by appointment: to provide a mechanism to conserve (301)713–2289; fax (301) 713–0376; Office of Protected Resources, F/PR3, potential broodstock of CCC coho Northwest Region, NMFS, 7600 Sand NMFS, 1315 East-West Highway, Silver salmon. The overall goal of the program Point Way NE, BIN C15700, Bldg. 1, Spring, MD 20910–3226 (301–713– is to restore self-sustaining and self- 1401). regulating stocks of coho salmon to the Seattle, WA 98115–0700; phone (206) 526–6150; fax (206) 526–6426; FOR FURTHER INFORMATION CONTACT: CCC coho salmon ESU. Presently, Permits Coordinator, Protected permit 1067 authorizes intentional takes Southwest Region, NMFS, 501 West Resources Division, (707–575–6053). of adult and juvenile CCC coho salmon Ocean Blvd., Suite 4200, Long Beach, for research projects throughout the CCC CA 90802–4213; phone (562) 980–4001; SUPPLEMENTARY INFORMATION: coho salmon ESU. This requested fax (562) 980–4018; and Authority modification would add additional Protected Species Coordinator, Pacific Issuance of permits and permit intentional takes of adult and juvenile Area Office, NMFS, 1601 Kapiolani modifications, as required by the CCC coho salmon to the CDFG permit Blvd., Rm, 1110, Honolulu, HI 96814– and include authorization to implement Endangered Species Act of 1973 (16 4700; phone (808) 973–2935; fax (808) an enhancement program. These U.S.C. 1531-1543) (ESA), is based on a 973–2941. finding that such permits/modifications activities may also result in incidental are (1) applied for in good faith; (2) takes of threatened CCC steelhead (O. FOR FURTHER INFORMATION CONTACT: would not operate to the disadvantage mykiss) and threatened, California Tammy Adams or Ruth Johnson, of the listed species which are the Coastal (CC) chinook salmon, (O. (301)713–2289. subject of the permits; and (3) are tshawytscha). This requested modification to permit 1067 would SUPPLEMENTARY INFORMATION: On consistent with the purposes and December 21, 2000, notice was policies set forth in section 2 of the authorize intentional take of adult and juvenile CCC coho salmon and published in the Federal Register (65 ESA. Authority to take listed species is FR 80420) that a request for a scientific subject to conditions set forth in the incidental take of CCC steelhead and CC chinook salmon. Permit 1067 expires on research permit to take gray permits. Permits and modifications are (Eschrichtius robustus), minke issued in accordance with and are June 30, 2002. (Balaenoptera acutorostrata), Bryde’s subject to the ESA and NMFS Dated: May 4, 2001. (Balaenoptera edeni), blue regulations governing listed fish and Chris Mobley, (Balaenoptera musculus), fin wildlife permits (50 CFR parts 222-226). Acting Chief, Endangered Species Division, Those individuals requesting a Office of Protected Resources, National (Balaenoptera physalus), and humpback hearing on an application listed in this Marine Fisheries Service. (Megaptera novaengliae) whales had notice should set out the specific [FR Doc. 01–11841 Filed 5–9–01; 8:45 am] been submitted by the above-named reasons why a hearing on that BILLING CODE 3510–22–S individual. The requested permit has application would be appropriate (see been issued for the three non- ADDRESSES). The holding of such endangered species of whale (gray, hearing is at the discretion of the DEPARTMENT OF COMMERCE minke, and Bryde’s) only, under the Assistant Administrator for Fisheries, authority of the Marine Mammal NOAA. All statements and opinions National Oceanic and Atmospheric Protection Act of 1972, as amended (16 contained in the permit action Administration U.S.C. 1361 et seq.), and the Regulations Governing the Taking and Importing of summaries are those of the applicant [I.D. 042501C] and do not necessarily reflect the views Marine Mammals (50 CFR part 216). of NMFS. Marine Mammals; File No. 995-1608 The request for a permit related to the Species Covered in This Notice three endangered species of whale (blue, AGENCY: National Marine Fisheries fin, and humpback) is deferred pending The following species and Service (NMFS), National Oceanic and receipt of a report of the effects of the evolutionarily significant units (ESU’s) Atmospheric Administration (NOAA), tags on the non-endangered species. are covered in this notice: Threatened Commerce. Dated: May 4, 2001. Central California Coast (CCC) steelhead ACTION: Issuance of permit. trout (Oncorhynchus mykiss), Ann D. Terbush, threatened (CCC) coho salmon SUMMARY: Notice is hereby given that Chief, Permits and Documentation Division, (Oncorhynchus kisutch), threatened, Mr. Thomas F. Norris, Science Office of Protected Resources, National California Coastal (CC) chinook salmon Applications International Corp., 3990 Marine Fisheries Service. (Oncorhynchus tshawytscha). Old Town Avenue, Suite 105A, San [FR Doc. 01–11840 Filed 5–9–01; 8:45 am] Diego, California 92110, has been issued BILLING CODE 3510–22–S Modification Requests Received a permit to take gray (Eschrichtius The California Department of Fish robustus), minke (Balaenoptera and Game (CDFG) requests a acutorostrata), and Bryde’s
VerDate 11
COMMITTEE FOR THE Background of such comments or information to the IMPLEMENTATION OF TEXTILE The AGOA and the CBTPA provide Chairman, Committee for the AGREEMENTS for quota- and duty-free treatment for Implementation of Textile Agreements, qualifying textile and apparel products. room 3100, U.S. Department of Request for Public Comment on Short Such treatment is generally limited to Commerce, 14th and Constitution Supply Request under the African products manufactured from yarns or Avenue, N.W., Washington, DC 20230. Growth and Opportunity Act (AGOA) fabrics formed in the United States or a If a comment alleges that these yarns and United States–Caribbean Basin beneficiary country. The AGOA and the can be supplied by the domestic Trade Partnership Act (CBTPA) CBTPA also provide for quota- and industry in commercial quantities in a duty-free treatment for apparel articles timely manner, CITA will closely May 8, 2001. that are both cut (or knit-to-shape) and review any supporting documentation, AGENCY: Committee for the sewn or otherwise assembled in one or such as a signed statement by a Implementation of Textile Agreements more AGOA or CBTPA beneficiary manufacturer of the yarn stating that it (CITA). countries from fabric or yarn that is not produces the yarn that is in the subject of the request, including the quantities ACTION: Request for public comments formed in the United States or a that can be supplied and the time concerning a request for a determination beneficiary country, if it has been necessary to fill an order, as well as any that certain yarns of 55 percent determined that such fabric or yarns relevant information regarding past polyester staple fibers and 45 percent cannot be supplied by the domestic production. worsted wool cannot be supplied by the industry in commercial quantities in a domestic industry in commercial timely manner and the President has CITA will protect any business quantities in a timely manner. proclaimed such treatment. In Executive confidential information that is marked Order No. 13191, the President business confidential from disclosure to delegated to CITA the authority to the full extent permitted by law. CITA FOR FURTHER INFORMATION CONTACT: Lori determine whether yarns or fabrics will make available to the public non- E. Mennitt, International Trade cannot be supplied by the domestic confidential versions of the request and Specialist, Office of Textiles and industry in commercial quantities in a non–confidential versions of any public Apparel, U.S. Department of Commerce, timely manner under the AGOA and the comments received with respect to a (202) 482–3400. CBTPA and directed CITA to establish request in room 3100 in the Herbert SUMMARY: On May 4, 2001 the Chairman procedures to ensure appropriate public Hoover Building, 14th and Constitution of CITA received a petition from participation in any such determination. Avenue, N.W., Washington, DC 20230. Stillwater Sales, Inc./Metcalf Bros. and On March 6, 2001, CITA published Persons submitting comments on a Company alleging that yarns of 55 procedures that it will follow in request are encouraged to include a non- percent polyester staple fibers and 45 considering requests. 66 FR 13502. confidential version and a non- percent worsted wool, 1, 2, and 3 ply On May 4, 2001 the Chairman of CITA confidential summary. yarns, in their natural (undyed) state or received a petition from Stillwater J. Hayden Boyd, in their stock dyed state (fiber dyed), Sales, Inc./Metcalf Bros. and Company with 12 to 20 twists per inch, and in alleging that yarns of 55 percent Acting Chairman, Committee for the Implementation of Textile Agreements. sizes of 1/15 to 1/30, 2/30 to 2/60, and polyester staple fibers and 45 percent 3/48 to 3/60 worsted count (1/17 to 1/ worsted wool, 1, 2, and 3 ply yarns, in [FR Doc.01–11905 Filed 5–8–01; 1:31 pm] 34, 2/34 to 2/68 and 3/54 to 3/68 metric their natural (undyed) state or in their BILLING CODE 3510–DR–F count), classified in subheading stock dyed state (fiber dyed), with 12 to 5107.20.6000 of the Harmonized Tariff 20 twists per inch, and in sizes of 1/15 COMMITTEE FOR THE Schedule of the United States (HTSUS), to 1/30, 2/30 to 2/60, and 3/48 to 3/60 IMPLEMENTATION OF TEXTILE cannot be supplied by the domestic worsted count (1/17 to 1/34, 2/34 to AGREEMENTS industry in commercial quantities in a 2/68 and 3/54 to 3/68 metric count) timely manner and requesting that the classified in subheading 5107.20.6000 of Adjustment of an Import Limit for President proclaim that apparel articles the HTSUS, cannot be supplied by the Certain Cotton Textile Products of woven U.S. formed-fabric of such domestic industry in commercial Produced or Manufactured in the yarns be eligible for preferential quantities in a timely manner, and Republic of Korea treatment under the AGOA and the requesting that the President proclaim CBTPA. CITA hereby solicits public quota–and duty–free treatment under May 7, 2001. comments on this request, in particular the AGOA and the CBTPA for apparel AGENCY: Committee for the with regard to whether these yarns can articles that are cut and sewn in one or Implementation of Textile Agreements be supplied by the domestic industry in more AGOA or CBTPA beneficiary (CITA). countries from woven U.S.–formed commercial quantities in a timely ACTION: Issuing a directive to the manner. Comments must be submitted fabric of such yarns. CITA is soliciting public comments Commissioner of Customs reducing a by May 25, 2001 to the Chairman, limit. Committee for the Implementation of regarding this request, particularly with respect to whether these yarns can be Textile Agreements, Room 3001, United EFFECTIVE DATE: May 10, 2001. States Department of Commerce, supplied by the domestic industry in Washington, D.C. 20230. commercial quantities in a timely FOR FURTHER INFORMATION CONTACT: Ross manner. Also relevant is whether other Arnold, International Trade Specialist, SUPPLEMENTARY INFORMATION: yarns that are supplied by the domestic Office of Textiles and Apparel, U.S. Authority: Section 112(b)(5)(B) of the industry in commercial quantities in a Department of Commerce, (202) 482– AGOA; Section 213(b)(2)(A)(v)(II) of the timely manner are substitutable for 4212. For information on the quota Caribbean Basin Economic Recovery Act, as these yarns for purposes of the intended status of this limit, refer to the Quota added by Section 211(a) of the CBTPA; use. Comments must be received no Status Reports posted on the bulletin Sections 1 and 6 of Executive Order No. later than May 25, 2001. Interested boards of each Customs port, call (202) 13191 of January 17, 2001. persons are invited to submit six copies 927–5850, or refer to the U.S. Customs
VerDate 11
website at http://www.customs.gov. For Department of the Treasury, Washington, DC DEPARTMENT OF DEFENSE information on embargoes and quota re- 20229 openings, refer to the Office of Textiles Dear Commissioner: This directive Office of the Secretary and Apparel website at http:// amends, but does not cancel, the directive otexa.ita.doc.gov. issued to you on November 14, 2000, by the [Transmittal No. 01–05] Chairman, Committee for the Implementation SUPPLEMENTARY INFORMATION: of Textile Agreements. That directive 36(b)(1) Arms Sales Notification Authority: Section 204 of the Agricultural concerns imports of certain cotton, wool, Act of 1956, as amended (7 U.S.C. 1854); man–made fiber, silk blend and other AGENCY: Defense Security Cooperation Executive Order 11651 of March 3, 1972, as vegetable fiber textiles and textile products Agency, DOD. amended. produced or manufactured in the Republic of ACTION: Notice. Korea and exported during the twelve-month The current limit for Category 345 in period which began on January 1, 2001 and Group II is being reduced for SUMMARY: The Department of Defense is extends through December 31, 2001. publishing the unclassified text of a carryforward used. Effective on May 10, 2001, you are directed A description of the textile and section 36(b)(1) arms sales notification. to reduce the current limit for Category 345 This is published to fulfill the apparel categories in terms of HTS in Group II to 133,919 dozen 1, as provided numbers is available in the requirements of section 155 of Pub. L. for under the Uruguay Round Agreement on 104–164 dated July 21, 1996. CORRELATION: Textile and Apparel Textiles and Clothing. Categories with the Harmonized Tariff The Committee for the Implementation of FOR FURTHER INFORMATION CONTACT: Ms. Schedule of the United States (see Textile Agreements has determined that this J. Hurd, DSCA/COMPT/RM, (703) 604– Federal Register notice 65 FR 82328, action falls within the foreign affairs 6575. published on December 28, 2000). Also exception to the rulemaking provisions of 5 The following is a copy of a letter to see 65 FR 69740, published on U.S.C. 553(a)(1). the Speaker of the House of November 20, 2000. Sincerely, Representatives, Transmittal 01–05 with J. Hayden Boyd, J. Hayden Boyd, attached transmittal, policy justification, Acting Chairman, Committee for the and Sensitivity of Technology. Acting Chairman, Committee for the Implementation of Textile Agreements. Implementation of Textile Agreements. Dated: May 4, 2001. [FR Doc. 01–11806 Filed 5–9–01; 8:45 am] L.M. Bynum, Committee for the Implementation of Textile BILLING CODE 3510–DR–S Agreements Alterate OSD Federal Register Liaison Officer, Department of Defense. May 7, 2001. 1The limit has not been adjusted to account for Commissioner of Customs, any imports exported after December 31, 2000. BILLING CODE 5001–08–M
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
[FR Doc. 01–11757 Filed 5–9–01; 8:45 am] ACTION: Notice. The following is a copy of a letter to BILLING CODE 5001–08–C the Speaker of the House of SUMMARY: The Department of Defense is Representatives, Transmittal 01–06 with publishing the unclassified text of a attached transmittal and policy DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notification. justification. Office of the Secretary This is published to fulfill the Dated: May 4, 2001. requirements of section 155 of Pub. L. L.M. Bynum, [Transmittal No. 01–06] 104–164 dated July 21, 1996. Alternate OSD Federal Register Liaison 36(b)(1) Arms Sales Notification FOR FURTHER INFORMATION CONTACT: Ms. Officer, Department of Defense. J. Hurd, DSCA/COMPT/RM, (703) 604– AGENCY: Defense Security Cooperation BILLING CODE 5001–08–M 6575. Agency, DOD.
VerDate 11
VerDate 11
VerDate 11
[FR Doc. 01–11758 Filed 5–9–01; 8:45 am] ACTION: Notice. The following is a copy of a letter to BILLING CODE 5001–08–C the Speaker of the House of SUMMARY: The Department of Defense is Representatives, Transmittal 01–08 with publishing the unclassified text of a attached transmittal, policy justification, DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notification. and Sensitivity of Technology. Office of the Secretary This is published to fulfill the Dated: May 4, 2001. requirements of section 155 of Pub. L. L.M. Bynum, [Transmittal No. 01–08] 104–164 dated July 21, 1996. Alternate OSD Federal Register Liaison 36(b)(1) Arms Sales Notification FOR FURTHER INFORMATION CONTACT: Ms. Officer, Department of Defense. J. Hurd, DSCA/COMPT/RM, (703) 604– AGENCY: Defense Security Cooperation BILLING CODE 5001–08–M 6575. Agency, DOD.
VerDate 11
VerDate 11
VerDate 11
VerDate 11
[FR Doc. 01–11759 Filed 5–9–01; 8:45 am] objectives with respect to CW attacks; DEPARTMENT OF DEFENSE BILLING CODE 5001–08–C CW threats that significantly challenge these objectives today and in the future; Department of the Air Force the basis elements (R&D, materiel, Public Meeting With the Community DEPARTMENT OF DEFENSE acquisition, personnel, training, College of the Air Force (CCAF) Board leadership) required to control risk and Office of the Secretary of Visitors To Review and Discuss consequences to acceptable levels, Academic Policies and Issues Relative Defense Science Board including counter-proliferation; to the Operation of the College intelligence, warning, disruption; AGENCY: Department of Defense. tactical detection and protection (active AGENCY: Department of the Air Force, ACTION: Notice of Advisory Committee and passive); consequence management; DoD. Meetings. attribution and deterrence; and policy. ACTION: Notice of meeting. The Task Force will also assess the SUMMARY: The Defense Science Board testing and evaluation necessary to SUMMARY: The CCAF Board of Visitors (DSB) Task Force on Chemical Warfare demonstrate and maintain the required will hold a meeting to review and Defense will meet in closed session on discuss academic policies and issues capability and any significant May 31, 2001, and June 1, 2001, at relative to the operation of the college. impediments to accomplishing this goal. SAIC, Inc., 4001 N. Fairfax Drive, Agenda items include a review of the Arlington, VA 22201. The Task Force In accordance with Section 10(d) of operations of the CCAF and an update will assess the possibility of controlling the Federal Advisory Committee Act, on the activities of the CCAF Policy the risk and consequences of a chemical Pub. L. 92–463, as amended (5 U.S.C. Council. warfare (CW) attack to acceptable App. II), it has been determined that this Members of the public who wish to national security levels within the next Defense Science Board meeting make oral or written statements at the five years. concerns matters listed in 5 U.S.C. meeting should contact First Lieutenant The mission of the Defense Science 552b(c)(1), and that accordingly this Matthew M. Groleau, Designated Board is to advise the Secretary of meeting will be closed to the public. Federal Officer for the Board, at the Defense and the Under Secretary of address below no later than 4:00 p.m. on Dated: May 4, 2001. Defense for Acquisition, Technology & August 1, 2001. Please mail or Logistics on scientific and technical L.M. Bynum, electronically mail all requests. matters as they affect the perceived Alternate OSD Federal Register Liaison Telephone requests will not be honored. needs of the Department of Defense. At Officer, Department of Defense. The request should identify the name of this meeting, the Task Force will assess [FR Doc. 01–11760 Filed 5–9–01; 8:45 am] the individual who will make the current national security and military BILLING CODE 5001–08–M presentation and an outline of the issues
VerDate 11
to be addressed. A minimum of 35 appropriated funds process. This maybe Antonio Public Library, 600 Soledad copies of the presentation materials accomplished by bringing to Fort Sam Plaza, San Antonio, TX 78205. must be given to First Lieutenant Matt Houston: Additional military missions Dated: May 4, 2001. Groleau no later than 3 days prior to the through individual stationing decisions Raymond J. Fatz, time of the board meeting for that take advantage of the capabilities of distribution. Visual aids must be Fort Sam Houston; and/or additional Deputy Assistant Secretary of the Army (Environment, Safety and Occupational submitted to First Lieutenant Matt federal missions through individual Health), OASA(I&E). Groleau on a 31⁄2-inch computer disk in stationing decisions that take advantage [FR Doc. 01–11805 Filed 5–9–01; 8:45 am] Microsoft PowerPoint format no later of the capabilities of Fort Sam Houston. than 4:00 p.m. on August 1, 2001 to Alternative 3 (Reduction of BILLING CODE 3710–08–M allow sufficient time for virus scanning Underutilized/Unutilized Property and formatting of the slides. through Lease, Sale, or Removal) would DEPARTMENT OF DEFENSE DATES: The meeting will be held on result in the reduction of underutilized/ Tuesday, August 21, 2001 at 8:00 a.m. unutilized facilities and property on Department of the Army in the First Floor Conference Room, Fort Sam Houston and Camp Bullis, in Community College of the Air Force, addition to changes in the Land Use Privacy Act of 1974; System of Building 836, 130 West Maxwell Plan. The reduction in underutilized/ Records Boulevard, Maxwell Air Force Base, unutilized property may be AGENCY: Department of the Army, DOD. Alabama 36112. accomplished through: Outgrant leases ACTION: Notice to alter a system of FOR FURTHER INFORMATION CONTACT: First to the city, county, state, private Lieutenant Matt Groleau, (334) 953– citizens, businesses, or investors; sale to records. the city, county, state, private citizens, 7322, Community College of the Air SUMMARY: businesses, or investors; removal from The Department of the Army Force, 130 West Maxwell Boulevard, is proposing to consolidate three Maxwell Air Force Base, Alabama, the site; or demolition. The Army may select any one alternative or a systems of records under one notice. As 36112–6613, or through electronic mail a result of the consolidation, two at [email protected]. combination of alternatives for future activities and planning at Fort Sam routine uses are being added to the Janet A. Long, Houston. system of records. The routine uses will Air Force Federal Register Liaison Officer. permit the disclosure of information to DATES: The comment period for the the Federal Aviation Administration to [FR Doc. 01–11819 Filed 5–9–01; 8:45 am] DPEIS will end 45 days after publication BILLING CODE 5001–05–U obtain flight certification/ licensing; and of the notice of availability in the to the Department of Veterans Affairs. Federal Register by the U.S. DATES: This proposed action will be Environmental Protection Agency. DEPARTMENT OF DEFENSE effective without further notice on June ADDRESSES: To obtain copies of the 11, 2001 unless comments are received Department of the Army DPEIS, contact Ms. Jackie Schlatter, which result in a contrary PEIS Project Manager, ATTN: MCCS- determination. Notice of Availability of the Fort Sam BPW-E, 2202 15th Street (Bldg. 4196), Houston and Camp Bullis Master Plan Fort Sam Houston, Texas 78234–5007. ADDRESSES: Records Management Draft Programmatic Environmental FOR FURTHER INFORMATION CONTACT: Ms. Division, U.S. Army Records Impact Statement Jackie Schlatter at (210) 221–5093, by Management and Declassification Agency, ATTN: TAPC–PDD–RP, Stop AGENCY: Department of the Army, DoD. email at [email protected], or 5603, 6000 6th Street, Ft. Belvoir, VA ACTION: Notice of availability. by fax at (210) 221–5419. 22060–5603. SUMMARY: This announces the SUPPLEMENTARY INFORMATION: This FOR FURTHER INFORMATION CONTACT: Ms. availability of the Fort Sam Houston and document includes analyses of the Janice Thornton at (703) 806–4390 or Camp Bullis Master Plan Draft potential environmental consequences DSN 656–4390 or Ms. Christie King at Programmatic Environmental Impact that the alternative actions may have on (703) 806–3711 or DSN 656–3711. Statement (DPEIS), which assesses the land use and visual resources, SUPPLEMENTARY INFORMATION: The potential environmental impacts of transportation, utilities, earth resources, Department of the Army systems of implementing three master planning air quality, water resources, biological records notices subject to the Privacy alternatives. Alternative 1 (No Action resources, cultural resources, socio- Act of 1974, (5 U.S.C. 552a), as Alternative) includes the continuation economics, noise, and hazardous amended, have been published in the of: The currently identified stationed materials and items of special concern. Federal Register and are available from population reductions, as reflected in The findings indicate that potential the address above. the Army Stationing and Installation environmental impacts from the The proposed system report, as Plan; the projected reductions in the alternatives may result in some impacts required by 5 U.S.C. 552a(r) of the Real Property Maintenance Activity to cultural resources. Privacy Act of 1974, as amended, was budget program for facility maintenance A public meeting will be conducted submitted on April 3, 2001, to the and repair; the ‘‘zero investment’’ by the Army to receive comments on the House Committee on Government maintenance expenditures for vacant DPEIS. Additional information Reform, the Senate Committee on historical facilities, and the projected regarding the public meeting will be Governmental Affairs, and the Office of reductions in the Base Operations provided in local and regional Management and Budget (OMB) budget program for utilities and other newspapers. pursuant to paragraph 4c of Appendix I engineering services. Alternative 2 The DPEIS has been provided to the to OMB Circular No. 1–130, ‘‘Federal (Reuse of Facilities and Property by following libraries for public access to Agency Responsibilities for Maintaining Federal Users) would result in an the document: Fort Sam Houston Records About Individuals,’’ dated adaptive reuse of currently vacant Library, Bldg. 1222, 2601 Harney, Fort February 8, 1996 (February 20, 1996, 61 historical facilities using the existing Sam Houston, TX 78234 and the San FR 6427).
VerDate 11
Dated: May 3, 2001. accepted into the Army ROTC program; Universities information regarding other L.M. Bynum, potential enrollees in the Senior ROTC Army enlistment, reserve or National Alternate OSD Federal Register Liaison program; and individuals who desire to Guard programs. System renders Officer, Department of Defense. participate in the Army ROTC Financial personnel management, recruitment Assistance (Scholarship Program).’ management, information reports, and refers qualified prospects to a Professor CATEGORIES OF RECORDS IN THE SYSTEM: DELETIONS: of Military Science at or near their Delete entry and replace with college(s) of choice, strength and A0145–1a TRADOC–ROTC ‘Records include individual manpower management accounting. applications and/or prospect referrals SYSTEM NAME: Also administers the financial for appointment which include such ROTC Applicant/Member Records assistance program; renders the personal data as name, Social Security (July 15, 1997, 62 FR 37894). selection of recipients for 2, 3, and 4 Number; sex, date and place of birth, year scholarships; monitor selectees REASON: citizenship; home address, telephone performance (academic and ROTC) and Records are now covered under number; marital status, dependents, also develop policies and procedures, A0145–1 TRADOC, Army Reserve name of high school, high school compile statistics and renders reports.’ Officer’s Training Corps (ROTC) and graduation date, grade point average; Financial Assistance Programs. Scholastic Assessment Test, American ROUTINE USES OF RECORDS MAINTAINED IN THE College Testing, Preliminary Scholastic SYSTEM, INCLUDING CATEGORIES OF USERS AND A0145–1b TRADOC–ROTC Assessment Testing scores; college THE PURPOSES OF SUCH USES: SYSTEM NAME: admission status; college(s) expected to Add two new paragraphs ‘To the ROTC Financial Assistance attend, desired academic major(s); Federal Aviation Administration to (Scholarship) Application File (July 15, academic transcripts and certificates of obtain flight certification and/or 1997, 62 FR 37895). education to prior military service licensing. information, training, college board REASON: To the Department of Veterans Affairs scores and test results; medical for member Group Life Insurance and/ Records are now covered under examination, acceptance/declination, or other benefits.’ A0145–1 TRADOC, Army Reserve interview board results; financial Officer’s Training Corps (ROTC) and assistance document awards, ROTC Add a new category ‘Disclosure to Financial Assistance Programs. contract and evaluation from Professor consumer reporting agencies: Disclosures pursuant to 5 U.S.C. ALTERATION: of Military Science commanding officer; photographs, references; 522a(b)(12) may be made from this correspondence between the member system to ‘consumer reporting agencies’ A0145–1 TRADOC and the Army or other Federal agencies, as defined in the Fair Credit Reporting Act (14 U.S.C. 1681a(f)) or the Federal SYSTEM NAME: letters of recommendation, inquiries Claims Collection Act of 1966 (31 U.S.C. Army Reserve Officer’s Training regarding applicant’s selection or nonselection, letter of appointment in 3701(a)(3)). The purpose of this Corps Gold QUEST Referral System disclosure is to aid in the collection of (July 15, 1997, 62 FR 37893). Active Army on completion of ROTC status; Security clearance documents, outstanding debts owed to the Federal CHANGES: reports of Reserve Officer Training government; typically to provide an * * * * * Corps Advanced, Ranger, or Basic Camp incentive for debtors to repay performance of applicant.’ delinquent Federal government debts by SYSTEM NAME: making these debts part of their credit Delete entry and replace with ‘Army AUTHORITIES FOR MAINTENANCE OF THE SYSTEM: records. Reserve Officer’s Training Corps (ROTC) Delete entry and replace with ‘10 This disclosure is limited to and Financial Assistance Programs’. U.S.C. 2101–2111, Reserve Officer information necessary to establish the SYSTEM LOCATION: Training Corps, and 10 U.S.C. 3013, identity of the individual, including Delete entry and replace with ‘MCS, Secretary of the Army, Army Regulation name, address, and taxpayer Incorporated, 10041 Polinski Road, 145–1, Senior Reserve Officer’s Training identification number (Social Security Ivyland, PA 18974–9872; Headquarters, Corps Program: Organization, Number); the amount, status, and U.S. Army Reserve Officer’s Training Administration, and Training; Army history of the claim; and the agency or Corps Cadet Command, 56 Patch Road, Regulation 145–2, Junior Reserve program under which the claim arose Fort Monroe, VA 23651–5000; U.S. Officer’s Training Corps Program: for the sole purpose of allowing the Army Personnel Command, 200 Stovall Organization, Administration and consumer reporting agency to prepare a Street, Alexandria, VA 22332–0400; Training, and E.O. 9397 (SSN).’ commercial credit report. offices of the Professor of Military PURPOSE(S): STORAGE: Science at civilian institutions in ROTC Delete entry and replace with ‘To regional offices; ROTC Cadet Battalions provide a central database of potential Delete entry and replace with and Reserve Officers Training Corps prospects for enrollment in the ROTC ‘electronic storage media and paper Brigade Recruiting Teams Officer’s and the Senior Army ROTC program, records in file folders in secured Training Corps Goldminer Teams. provide training and commissioning of cabinets.’ Official mailing addresses are published eligible cadets in active Army and to * * * * * as an appendix to the Army’s assist prospects by providing compilation of system of records information concerning educational RETENTION AND DISPOSAL: notices.’ institutions having ROTC programs; Delete entry and replace with ‘Cadet CATEGORIES OF INDIVIDUALS COVERED BY THE scholarship information and Command Form 139 is retained in the SYSTEM: applications, information on specialized ROTC unit for 5 years after cadet leaves Delete entry and replace with programs such as Nursing, Green to the institution or is disenrolled from the ‘Individuals who apply and are Gold and historically Black Colleges and ROTC program. Following successful
VerDate 11
completion of ROTC and academic Officer’s Training Corps Cadet Officer’s Training Corps Program: programs and appointment as a Command, 56 Patch Road, Fort Monroe, Organization, Administration and commissioned officer with initial VA 23651–5000; U.S. Army Personnel Training, and E.O. 9397 (SSN). assignment to active duty for training, Command, 200 Stovall Street, copy of pages 1 and 2 are reproduced Alexandria, VA 22332–0400; offices of PURPOSE(S): and sent to the commandant of the Professor of Military Science at To provide a central database of individual’s basic branch course school. civilian institutions in ROTC regional potential prospects for enrollment in the Records of rejected ROTC applicants are offices; ROTC Cadet Battalions and ROTC and the Senior Army ROTC destroyed. Other records mentioned in Reserve Officers Training Corps Brigade program, provide training and preceding paragraphs are immediately Recruiting Teams and Reserve Officer’s commissioning of eligible cadets in destroyed unless the records are for Training Corps Goldminer Teams. active Army and to assist prospects by financial assistance which are retained Official mailing addresses are published providing information concerning for 1 year then destroyed or if they are as an appendix to the Army’s educational institutions having ROTC not required to become part of compilation of system of records programs; scholarship information and individual’s Military Personnel Records notices. applications, information on specialized jacket. ROTC QUEST records are programs such as Nursing, Green to retained for 3 years then destroyed. CATEGORIES OF INDIVIDUALS COVERED BY THE Gold and historically Black Colleges and SYSTEM: ROTC Scholarship application records Universities and information regarding are destroyed 1 year after graduation or Individuals who apply and are other Army enlistment, reserve or disenrollment.’ accepted into the Army ROTC program; National Guard programs. System potential enrollees in the Senior ROTC * * * * * renders personnel management, program; and individuals who desire to recruitment management, information RECORD SOURCE CATEGORIES: participate in the Army ROTC Financial reports, and refers qualified prospects to Delete entry and replace with ‘Source Assistance (Scholarship Program). a Professor of Military Science at or near categories can be used for all areas CATEGORIES OF RECORDS IN THE SYSTEM: their college(s) of choice, strength and covered in this system, however, the Records include individual manpower management accounting. retrieval of this information is limited applications and/or prospect referrals Also administers the financial only to specific areas of interest and for appointment which include such assistance program; renders the specialty: Prospects include the Army personal data as name, Social Security selection of recipients for 2, 3, and 4 ROTC toll-free telephone number, Number; sex, date and place of birth, year scholarships; monitor selectees magazines, newspapers, poster citizenship; home address, telephone performance (academic and ROTC) and advertising coupons, mail-back reply number; marital status, dependents, also develop policies and procedures, cards, letters, walk-ins, referrals from name of high school, high school compile statistics and render reports.’ parents, relatives, civilian educational graduation date, grade point average; Routine uses of records maintained in institutions and staff, friends, associates, Scholastic Assessment Test, American the system, including categories of users college registrars, dormitory directors, College Testing, preliminary Scholastic and the purposes of such uses: In national testing organizations, honor Assessment Testing scores; college addition to those disclosures generally societies, boys’ clubs, boy scout admission status,; college(s) expected to permitted under 5 U.S.C. 552a(b) of the organizations, Future Farmers of attend, desired academic major(s); Privacy Act, these records or America, minority and civil rights academic transcripts and certificates of information contained therein may organizations, fraternity and church education to prior military service specifically be disclosed outside the organizations; neighborhood youth information, training, college board DoD as a routine use pursuant to 5 centers, YMCA, YWCA, social clubs, scores and test results; medical U.S.C. 552a(b)(3) as follows: athletic clubs, boys state/girls state/ examination, acceptance/declination, To the Federal Aviation scholarship organizations, U.S. Army interview board results; financial Administration to obtain a flight Recruiting Command, Military Academy assistance document awards, ROTC certification and/or licensing. Liaison officers, West Point non-select contract and evaluation from Professor To the Department of Veterans Affairs listing, previous employers, trade of Military Science commanding officer; for member Group Life Insurance and/ organizations, military service, and photographs, references; or other benefits. other organizations and commands correspondence between the member The DoD ’Blanket Routine Uses‘ set comprising the Department of Defense, and the Army of other Federal agencies, forth at the beginning of the Army’s Army records, addressing entitlement letters of recommendation, inquiries compilation of systems or records status, medical examination and regarding applicant’s selection or notices also apply to this system. treatment, security determination and nonselection, letter of appointment in attendance and training information Active Army on completion of ROTC DISCLOSURE TO CONSUMER REPORTING while ROTC cadet.’ AGENCIES: status; Security clearance documents, * * * * * reports of Reserve Officer Training Disclosures pursuant to 5 U.S.C. 552a(b)(12) may be made from this A0145–1 TRADOC Corps Advanced, Ranger, or Basic Camp performance of applicant. system to ‘consumer reporting agencies’ SYSTEM NAME: as defined in the Fair Credit Reporting AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Army Reserve Officer’s Training Act (15 U.S.C. 1681a(f) or the Federal Corps (ROTC) and Financial Assistance 10 U.S.C. 2101–2111, Reserve Officer Claims Collection Act of 1966 (31 U.S.C. Programs. Training Corps, and 10 U.S.C. 3013, 3701(a)(3)). The purpose of this Secretary of the Army; Army Regulation disclosure is to aid in the collection of SYSTEM LOCATION: 145–1, Senior Reserve Officer’s Training outstanding debts owed to the Federal MCS, Incorporated, 10041 Polinski Corps Program: Organization, government; typically to provide an Road, Ivyland, PA 18974–9872; Administration, and Training; Army incentive for debtors to repay Headquarters, U.S. Army Reserve Regulation 145–2, Junior Reserve delinquent Federal government debts by
VerDate 11
making these debts part of their credit Directorate, Building 57, Fort Monroe, and specialty: prospects include the records. VA 23651–5000. Army ROTC toll-free telephone number, The disclosure is limited to ROTC financial assistance application magazines, newspapers, poster information necessary to establish the files: Commander, Fort Monroe, advertising coupons, mail-back reply identity of the individual, including Resource Management Officer, Building cards, letters, walk-ins, referrals from name, address, and taxpayer 256, Fort Monroe, VA 23651–6000. parents, relatives, civilian educational identification number (Social Security institutions and staff, friends, associates, Number); the amount, status, and NOTIFICATION PROCEDURE: college registrars, dormitory directors, history of the claim; and the agency or Individuals seeking to determine national testing organizations, honor program under which the claim arose whether information about themselves societies, boys’ clubs, boy scout for the sole purpose of allowing the is contained in this system should organizations, Future Farmers of consumer reporting agency to prepare a address written inquiries to the America minority and civil rights commercial credit report. Commander, U.S. Army Reserve organizations, fraternity and church Officers Training Corps Cadet organizations; neighborhood youth POLICIES AND PRACTICES FOR STORING, Command, Building 56, Port Monroe, centers, YMCA, YWCA, social clubs, RETRIEVING, ACCESSING, RETAINING, AND VA 23651–5000 for records on the DISPOSING OF RECORDS IN THE SYSTEM: athletic clubs, boys state/girls state/ ROTC Financial Assistance scholarship organizations, U.S. Army STORAGE: (Scholarship) Application File and Recruiting Command, Military Academy Electronic storage media and paper ROTC Applicant/Member Records; or to Liaison officers, West point non-select records in file folders in secured the Commander, U.S. Total Army listing, previous employers, trade cabinets. Personnel Command, 200 Stovall Street, organizations, military service, and Alexandria, VA 22332–0400 for ROTC other organizations and commands RETRIEVABILITY: Applicant/Member Records; or to the comprising the Department of Defense, By name, Social Security Number, Commander, U.S. Army ROTC Cadet Army records addressing entitlement address peculiar identification assigned Command, Marketing Directorate, status, medical examination and or other characteristics of qualification Building 57, Fort Monroe, VA 23651– treatment, security determination and or identity. 5000 for ROTC QUEST Referral System attendance and training information records. while ROTC cadet. SAFEGUARDS: Individuals should provide their full Records maintained in secure area name, current address, telephone EXEMPTIONS CLAIMED FOR THE SYSTEM: accessible only to authorized personnel number and signature. None, in the performance of their duties. [FR Doc. 01–11761 Filed 5–9–01; 8:45 am] Automated records accessible only to RECORD ACCESS PROCEDURES: authorized personnel with password Individuals seeking access to BILLING CODE 5001–08–M capability. information about themselves contained in this system should address written DEPARTMENT OF DEFENSE RETENTION AND DISPOSAL: inquiries to the Commander, U.S. Army Cadet Command Form 139 is retained Reserve Officers Training Corps Cadet Department of the Navy in the ROTC unit for 5 years after cadet Command, Building 56, Fort Monroe, leaves the institution or is disenrolled VA 23651–5000; or to the Commander, Notice of Intent To Grant Partially from the ROTC program. Following U.S. Total Personnel Command, 200 Exclusive License; Wickford successful completion of ROTC and Stovall Street, Alexandria, VA 22332– Technologies, Inc. academic programs and appointment as 0400 for ROTC Applicant/Member AGENCY: Department of the Navy, DOD. a commissioned officer with initial Records; or to the Commander, U.S. assignment to active duty for training, Army ROTC Cadet Command, ACTION: Notice. copy of pages 1 and 2 are reproduced Marketing Directorate, Building 57, Fort SUMMARY: The Department of the Navy and sent to the commandant of Monroe, VA 23651–5000 for ROTC gives notice of its intent to grant to individual’s basic branch course school. QUEST Referral System records. Wickford Technologies, Inc., a Records of rejected ROTC applicants are Individuals should provide their full revocable, nonassignable, partially destroyed. Other records mentioned in name, current address telephone exclusive license, with exclusive fields preceding paragraphs are immediately number and signature. of use in recreational marine destroyed unless the records are for electronics, petroleum distribution, financial assistance which are retained CONTESTING RECORD PROCEDURES: process pipe, and aviation electronics in for 1 year then destroyed or if they are The Army’s rules for accessing the United States to practice the not required to become part of records, contesting contents, and Government-owned invention, U.S. individual’s Military Personnel Records appealing initial agency determinations Patent Application Serial Number 09/ Jacket. ROTC QUEST records are are contained in Army Regulation 340– 391,605 entitled ‘‘Differential Pressure retained for 3 years then destroyed. 21; 32 CFR Part 505; or may be obtained Flow Sensor.’’ ROTC Scholarship application records from the system manager or the are destroyed 1 year after graduation or Commander, U.S. Army ROTC Cadet DATES: Anyone wishing to object to the disenrollment. Command, Marketing Directorate, grant of this license must file written Building 57, Fort Monroe, VA 23651– objections along with supporting SYSTEM MANAGER(S) AND ADDRESS: 5000. evidence, if any, not later than May 20, ROTC applicants and members: 2001. Commander, Fort Monroe, Information RECORD SOURCE CATEGORIES: ADDRESSES: Written objections are to be Management Officer, Building 256, Fort Source categories can be used for all filed with Indian Head Division, Naval Monroe, VA 23651–5000. areas covered in this system, however, Surface Warfare Center, Code OC4, 101 ROTC QUEST referral applicants: the retrieval of this information is Strauss Avenue, Indian Head, MD Commander, Fort Monroe, Marketing limited only to specific areas of interest 20640–5035.
VerDate 11
FOR FURTHER INFORMATION CONTACT: Dr. free at 1–888–293–6498; or in the assistance). Comments, protests, and J. Scott Deiter, Head, Technology Washington, DC area at (202) 512–1530. interventions may be filed electronically Transfer Office, Naval Surface Warfare Note: The official version of this document via the internet in lieu of paper. See, 18 Center Indian Head Division, Code 05T, is the document published in the Federal CFR 385.2001(a)(1)(iii) and the 101 Strauss Avenue, Indian Head, MD Register. Free Internet access to the official instructions on the Commission’s web 20640–5035, telephone (301) 744–6111. edition of the Federal Register and the Code site at http://www.ferc.fed.us/efi/ Dated: May 1, 2001. of Federal Regulations is available on GPO doorbell.htm. Access at: http://www.access.gpo.gov/nara/ C.G. Carlson, index.html. David P. Boergers, Major, U.S. Marine Corps, Alternate Federal Secretary. Authority: 20 U.S.C. 7131. Register Liaison Officer. [FR Doc. 01–11785 Filed 5–9–01; 8:45 am] [FR Doc. 01–11820 Filed 5–9–01; 8:45 am] Dated: May 4, 2001. BILLING CODE 6717–01–M BILLING CODE 3810–FF–P Thomas M. Corwin, Acting Deputy Assistant Secretary for Elementary and Secondary Education. DEPARTMENT OF ENERGY DEPARTMENT OF EDUCATION [FR Doc. 01–11823 Filed 5–9–01; 8:45 am] Federal Energy Regulatory BILLING CODE 4000–01–M [CFDA No. 84.330] Commission [Docket No. RP01–12–000] Notice To Correct Deadline for DEPARTMENT OF ENERGY Intergovernmental Review Arkansas Western Gas Company: AGENCY: Office of Elementary and Federal Energy Regulatory Notice of Application for Rate Approval Commission Secondary Education, Department of May 4, 2001. Education. [Docket No. RP01–392–000] Take notice that on April 4, 2001, ACTION: Advanced Placement Incentive Arkansas Western Gas Company Program; Notice inviting applications ANR Pipeline Company; Notice of (AWGC) filed an application for rate for new awards for Fiscal Year (FY Proposed Change in FERC Gas Tariff approval, pursuant to Sections 284.224, 2001; Notice to correct deadline for May 4, 2001. and 284.123(b)(2) of the Commission’s intergovernmental review). Take notice that on May 1, 2001, ANR regulations, for rates to be charged for interruptible transportation services SUMMARY: Pipeline Company (ANR) tendered for On April 23, 2001 (66 FR under its Order No. 63 blanket 20440–20442), the Department filing as part of FERC GAS Tariff, Second Revised Volume No. 1, the certificate. AWGC proposes a maximum published a notice inviting applications interruptible rate for transportation on for new awards for FY 2001. The notice following revised tariff sheet to be effective June 1, 2001. its northwest Arkansas system south of established June 22, 2001 as the the Drake Compressor Station of deadline for intergovernmental review. Thirtieth Revised Sheet No. 17 $0.1278 per MMBtu, plus 3.57 percent The Secretary corrects the deadline the ANR states that this filing represents reimbursement for compressor fuel, and intergovernmental review for the ANR’s annual report of the net revenues lost and unaccounted for gas. Advanced Placement Incentive Program attributable to the operation of its Pursuant to Section 284.1213(b)(2)(ii) grant competition. cashout program. ANR proposes to of the Commission’s regulations, if the DATES: The new deadline for decrease its currently effective cashout Commission does not act within 150 intergovernmental review is August 6, surcharge, from $0.3344 per Dth to days of the Application’s filing date, the 2001. The deadline for transmittal of $0.1508, pursuant to Section 15.5 of the rates proposed therein will be deemed applications remains June 7, 2001. General Terms and Conditions of its to be fair and equitable and not in FOR FURTHER INFORMATION CONTACT: tariff. excess of an amount that interstate Frank B. Robinson, U.S. Department of Any person desiring to be heard or to pipelines would be permitted to charge Education, School of Improvement protest said filing should file a motion for similar services. The Commission Programs, 400 Maryland Avenue, SW., to intervene or a protest with the may, prior to the expiration of the 150- Room 3C153, Washington, DC 20202– Federal Energy Regulatory Commission, day period, extend the time for action or 6140; Telephone (202) 260–2669. If you 888 First Street, NE., Washington, DC institute a proceeding. use a telecommunications device for the 20426, in accordance with Sections Any person desiring to participate in deaf (TDD), you may call the Federal 385.214 or 385.211 of the Commission’s this rate proceeding must file a motion Information Relay Service (FIRS) at 1– Rules and Regulations. All such motions to intervene or protest with the Federal 888–877–8339. or protests must be filed in accordance Energy Regulatory Commission, 888 with Section 154.210 of the First Street, NE., Washington, DC 20426, Electronic Access to This Document Commission’s Regulations. Protests will in accordance with rules 211 and 214 of You may view this document, as well be considered by the Commission in the Commission’s Rules of Practice and as all other Department of Education determining the appropriate action to be Procedure (18 CFR 385.211 and documents published in the Federal taken, but will not serve to make 385.214). All motions must be filed with Register, in text or Adobe Portable protestants parties to the proceedings. the Secretary of the Commission on or Document Format (PDF) on the Internet Any person wishing to become a party before May 21, 2001. This petition for at the following site: www.ed.gov./ must file a motion to intervene. Copies rate approval is on file with the legislation/FedRegister. of this filing are on file with the commission and is available for public To use PDF, you must have Adobe Commission and are available for public inspection. This filing may be viewed Acrobat Reader, which is available free inspection in the Public Reference on the web at http://www.ferc.fed.us/ at the previous site. If you have room. This filing may be viewed on the online/rims.htm (call 202–208–2222 for questions about using PDF, call the U.S. web at http://www.ferc.fed.us/online/ assistance). Comments, protests, and Government Printing Office (GPO) toll rims.htm (call 202–208–2222 for interventions may be filed electronically
VerDate 11
via the internet in lieu of paper. See, 18 $165,959.11. This net gain, which is less to such rate schedule) for the period CFR 385.200(a)(1)(iii) and the than $400,000.00, will be carried April 2000 through March 2001. instruction on the Commission’s web forward to the subsequent reporting Any person desiring to be heard or to site at http://www.ferc.fed.us.efi/ period. protest said filing should file a motion doorbell.htm. Discovery states that copies of this to intervene or a protest with the filing are being mailed to its customers, Federal Energy Regulatory Commission, David P. Boergers, state commissions and other interested 888 First Street, NE., Washington, DC Secretary. parties. 20426, in accordance with Sections [FR Doc. 01–11780 Filed 5–9–01; 8:45 am] Any person desiring to be heard or to 385.214 or 385.211 of the Commission’s BILLING CODE 6717–01–M protest said filing should file a motion Rules and Regulations. All such motions to intervene or a protest with the or protests must be filed on or before Federal Energy Commission, 888 First May 14, 2001. Protests will be DEPARTMENT OF ENERGY Street, NE., Washington, DC 20426, in considered by the Commission in accordance with Section 385.214 or Federal Energy Regulatory determining the appropriate action to be 385.211 of the Commission’s Rules and Commission taken, but will not serve to make Regulations. All such motions or protestants parties to the proceedings. [Docket No. RP01–350–000] protests must be filed on or before May Any person wishing to become a party 14, 2001. Protests will be considered by must file a motion to intervene. Copies Colorado Interstate Gas Company; the Commission in determining the of this filing are on file with the Notice of Technical Conference appropriate action to be taken, but will Commission and are available for public May 4, 2001. not serve to make protestants parties to inspection in the Public Reference In the Commission’s order issued on the proceedings. Any person wishing to Room. This filing may be viewed on the April 25, 2001,1 the Commission become a party must file a motion to web at http://www.ferc.fed.us/online/ directed that a technical conference be intervene. Copies of this filing are on rims.htm (call 202–208–2222 for held to address issues raised by the file with the Commission and are assistance). Comments, protests, and filing. available for public inspection in the interventions may be filed electronically Take notice that the technical Public Reference Room. This filing may via the internet in lieu of paper. See, 18 conference will be held on Tuesday, be viewed on the web at http:// CFR 385.2001(a)(1)(iii) and the May 22, 2001, at 10 a.m., in a room to www.ferc.fed.us/online/rims.htm (call instructions on the Commission’s web be designated, at the offices of the 2020–208–2222 for assistance). site at Federal Energy Regulatory Commission, Comments, protests, and interventions http://www.ferc.fed.us/efi/doorbell.htm. 888 First Street, NE., Washington, DC may be filed electronically via the internet in lieu of paper. See, 18 CFR David P. Boergers, 20426. Secretary. All interested parties and Staff are 385.2001(a)(1)(iii) and the instructions [FR Doc. 01–11770 Filed 5–9–01; 8:45 am] permitted to attend. If a second on the Commission’s web site at technical conference meeting is http://www.ferc.fed.us/efi/doorbell.htm. BILLING CODE 6717–01–M required, that meeting will take place on David P. Boergers, June 5, 2001, at 10 a.m., at the Secretary. DEPARTMENT OF ENERGY Commission, and a separate notice of [FR Doc. 01–11784 Filed 5–9–01; 8:45 am] that meeting will be issued. BILLING CODE 6717–01–M Federal Energy Regulatory David P. Boergers, Commission Secretary. DEPARTMENT OF ENERGY [Docket Nos. RP01–399–000, CP99–94–004 [FR Doc. 01–11783 Filed 5–9–01; 8:45 am] and RP96–366–014] BILLING CODE 6717–01–M Federal Energy Regulatory Commission Florida Gas Transmission Company; Notice of Compliance Filing DEPARTMENT OF ENERGY [Docket No. RP01–398–000] May 4, 2001. Federal Energy Regulatory Eastern Shore Natural Gas Company; Take notice that on May 1, 2001, Commission Notice of Interruptible Revenue Florida Gas Transmission Company Sharing Report [Docket No. RP01–391–000] (FGT) tendered for filing as part of its May 4, 2001. FERC Gas Tariff, Third Revised Volume Discovery Gas Transmission, LLC; Take notice that on May 1, 2001, No. 1, the following tariff sheets, with Notice of Cash-Out Report Eastern Shore Natural Gas Company an effective date of May 1, 2001: May 4, 2001. (Eastern Shore) tendered for filing its Third Revised Sheet No. 56 Second Revised Sheet No. 67 Take notice that on April 30, 3001, Interruptible Revenue Sharing Report pursuant to Section 37 of the General Third Revised Sheet No. 541 Discovery Gas Transmission LLC Third Revised Sheet No. 542 (Discovery) filed with the Commission Terms and Conditions of its FERC its annual cash-out report for the Tariff. FGT states that on June 2, 1999, FGT calendar year ended December 31, 2000. Eastern Shore states that it intends to filed a Stipulation and Agreement of Discovery states that the cash-out credit a total of $623,814, including Settlement (Settlement) in Docket Nos. report reflects a net gain for this period interest of $44,270 to its firm CP99–94–000 and RP96–366–000, et al. of $464,639.46. The cumulative gain transportation customers on July 1, resolving all non-environmental issues from cash-out transactions is 2001. The credit amount represents 90 in its Phase IV Expansion proceeding. percent of the net revenues received by The Commission issued an order 1 Colorado Interstate Gas Co., 95 FERC ¶ 61,099 Eastern Shore under Rate Schedule IT approving the Settlement on July 30, (2001). (in excess of the cost of service allocated 1999.
VerDate 11
FGT states that in the Settlement, DEPARTMENT OF ENERGY the total cost of the proposed facilities among other provisions, that it would at approximately $90.7-million. file revised tariff sheets prior to the in- Federal Energy Regulatory GSX states that the initial firm design service date of the proposed Phase IV Commission capacity of its system will be Expansion to provide that firm [Docket Nos. CP01–176–000, CP01–177– approximately 94,000 Dth per day. It is transportation service under FT’s Rate 000, CP01–178–000, CP01–179–000] indicated that as a result of an open Schedule FTS–2 will reflect seasonal season, Powerex Corporation (Powerex), entitlements for four seasons. Currently, Georgia Straits Crossing Pipeline LP.; an affiliate of British Columbia Hydro FTS–2 service includes defined levels of Notice of Applications and Power Authority (BC hydro), executed a binding precedent agreement seasonal Maximum Daily May 4, 2001. for all of the initial certificated design Transportation Quantities (MDTQ) for Take notice that on April 24, 2001, capacity for a 30-year term, at negotiated only two seasonal periods: (1) Georgia Straits Crossing Pipeline LP rates. GSX avers that Powerex requires November through April and (2) May (GSX), P.O. 58900, Salt Lake City, Utah, the capacity to meet the obligations of through October. In the Settlement, the 84158–0900, filed in Docket No. CP01– BC Hydro to supply natural gas fuel to parties agreed to change the two seasons 176–000 an application pursuant to two new generating plants on to four seasons: (1) October, (2) Section 7(c) of the Natural Gas Act for Vancouver Island. Further, GSX states November through March, (3) April, and authorization to construct and operate a new interstate natural gas transmission that its system is designed to facilitate (4) May through September. Increasing relatively inexpensive expansions, by the seasons to four allows FTS–2 service system consisting of approximately 47 miles of related pipeline and related compression upgrades, to accommodate agreements to have the same seasonal future market growth on Vancouver periods as service agreements for firm facilities in the state of Washington; in Docket No. CP01–177–000 an Island and in northwestern Washington transportation service under FGT’s Rate state. Schedule FTS–1. application for a blanket certificate authorizing Part 284 transportation; in GSX states that its proposal and that Any person desiring to be heard or to Docket No. CP01–178–000 an of GSX-Canada comprise the protest said filing should file a motion application for a blanket certificate international Georgia Strait Crossing to intervene or a protest with the authorizing certain routine activities Project. GSX indicates that pursuant to Federal Energy Regulatory Commission, under Subpart F of Part 157; and in the GSC Project Agreement between 888 First Street, NE., Washington, DC Docket No. CP01–179–000 an GSX and its sponsor, Williams Gas 20426, in accordance with Sections application for Section 3 siting Pipeline Company (Williams), and GSX- 385.214 or 385.211 of the Commission’s authorization for export/import facilities Canada and its sponsor, British Rules and Regulations. All such motions and a Presidential Permit authorizing Columbia Hydro and Power Authority or protests must be filed in accordance the construction, operation and (BC Hydro), the owners have agreed to with Section 154.210 of the maintenance of interconnect facilities coordinate certain decisions regarding the construction and operation of GSX Commission’s Regulations. Protests will for imports and exports at two locations and GSX-Canada through a GSX be considered by the Commission in on the US/Canadian international Committee. GSX also states that subject determining the appropriate action to be border, all as more fully set forth in the to the owners and through the GSX taken, but will not serve to make application on file with the Commission and open to public inspection. This Committee on matters within the protestants parties to the proceedings. filing may be viewed on the web at committee’s purview, GSX Operating Any person wishing to become a party http://www.ferc.fed.us/online/rims.htm Company, L.L.C., an wholly owned must file a motion to intervene. Copies (call 202–208–2222 for assistance). subsidiary of Williams, will design and of this filing are on file with the GSX proposes the construct: (1) a engineer, manage the procurement and Commission and are available for public 10,302 horsepower (ISO rated) construction, operate and maintain and inspection in the Public Reference compressor station at Cherry Point, manage the day-to-day business affairs Room. This filing may be viewed on the Whatcom County, Washington, located of both GSX and GSX-Canada pipeline, web at http://www.ferc.fed.us/online/ adjacent to an existing industrial area as a contractor for the owners. rims.htm (call 202–208–2222 for approximately a mile from the Strait of GSX proposes a pro forma Tariff assistance). Comments, protests, and Georgia shoreline; (2) approximately 32 which includes its proposed Rate interventions may be filed electronically miles of 20-inch pipeline generally Schedules FT–1 for firm service and IT– via the internet in lieu of paper. See, 18 paralleling existing pipeline corridors 1 for interruptible service. GSX CFR 385.2001(a)(1)(iii) and the from Sumas to the proposed Cherry proposes traditional cost-of-service instructions on the Commission’s web Point compressor station; (3) based rates for its initial recourse rates. site at http://www.ferc.fed.us/efi/ approximately 15 miles of 16-inch GSX states that its proposed rates reflect doorbell.htm. pipeline from the Cherry Point a 70% debt, 30% equity capital compressor station to an offshore structure, 8% interest on debt, 14% David P. Boergers, interconnect with a Canadian pipeline return on equity and a 30 year Secretary. proposed to be built by GSX Canada depreciation life. GSX avers that its [FR Doc. 01–11771 Filed 5–9–01; 8:45 am] Limited Partnership (GSX-Canada) from proposed rates are designed under the BILLING CODE 6717–01–M that interconnect to a delivery point into straight fixed variable methodology the distribution system of Central Gas using a quantity/distance cost allocation British Columbia Inc. on Vancouver to establish rates for two zones, one for Island; (4) receipt point meter station mainland U.S. delivers and one for facilities interconnecting with deliveries to GSX-Canada. GSX also Westcoast Energy Inc. at the Canadian states that the proposed initial recourse border and with Northwest Pipeline maximum daily reservation rates are Corporation, both near Sumas; and (5) $0.36546 per Dth of contract demand for appurtenant facilities. GSX estimates service to mainland U.S. points and
VerDate 11
$0.51233 per Dth of contract demand for two copies of their comments to the DEPARTMENT OF ENERGY service to the GSX-Canada interconnect. Secretary of the Commission. GSX requests that the Commission Environmental commenters will be Federal Energy Regulatory issue a preliminary determination on placed on the Commission’s Commission the non-environmental aspects of the environmental mailing list, will receive application by January 31, 2002 and a copies of the environmental documents, [Docket No. RP01–397–000] final order granting the requested and will be notified of meetings certificate authorization by May 31, associated with the Commission’s Great Lakes Gas Transmission Limited 2002 so that the project may be environmental review process. Partnership; Notice of Proposed completed by the late October 2003 in- Changes in FERC Gas Tariff and Environmental commenters will not be service date required to ensure Request for Waiver Powerex’s ability to meet the long-tern required to serve copies of filed gas supply commitments of BC Hydro to documents on all other parties. May 4, 2001. the new electricity generation facilities However, the non-party commenters Take notice that on May 1, 2001, on Vancouver Island. will not receive copies of all documents Great Lakes Gas Transmission Limited Any questions regarding the filed by other parties or issued by the Partnership (Great Lakes) tendered for application should be directed to Gary Commission (except for the mailing of filing as part of its FERC Gas Tariff, K. Kotter, Manger, Certificates, GSX environmental documents issued by the Second Revised Volume No. 1, the Pipeline, L.L.C., P.O. Box 58900, Salt Commission) and will not have the right following tariff sheets with an effective Lake City, Utah 84158–0900, (801) 584– to seek court review of the date of June 1, 2001: 7117. Commission’s final order. Third Revised Sheet No. 8A There are two ways to become The Commission may issue a Tenth Revised Sheet No. 9 involved in the Commission’s review of Second Revised Sheet No. 50A this project. First, any person wishing to preliminary determination on non- obtain legal status by becoming a party environmental issues prior to the Great Lakes states that these tariff to the proceedings for this project completion of its review of the sheets are being filed to add a provision should, on or before May 25, 2001, file environmental aspects of the project. to its tariff stating that any gas with the Federal Energy Regulatory The preliminary determination typically transported for others utilizing off- Commission, 888 First Street, NE, considers such issues as the need for the system capacity will be pursuant to its Washington, D.C. 20426, a motion to project and its economic effect on Part 284 open access tariff and will be intervene in accordance with the existing customers of the applicant, on subject to its Commission-approved requirements of the Commission’s Rules other pipelines in the area, and on rates. The provision also states that of Practice and Procedure (18 CFR landowners and communities. For Great Lakes may pass through to the 385.214 or 385.211) and the Regulations example, the Commission considers the benefiting shipper(s) any amounts Great under the NGA (18 CFR 157.10). A extent to which the applicant may need Lakes must pay to a third party to person obtaining party status will be to exercise eminent domain to obtain acquire this off-system capacity. Great Lakes is requesting a generic place on the service list maintained by rights-of-way for the proposed project waiver of the Commission’s ‘‘shipper the Secretary of the Commission and and balances that against the non- must hold title’’ policy to permit it to will receive copies of all documents environmental benefits to be provided filed by the applicant and by all other provide transportation for others on by the project. Therefore, if a person has such acquired off-system capacity. parties. A party must submit 14 copies comments on community and of filings made with the Commission Any person desiring to be heard or to landowner impacts form this proposal, protest said filing should file a motion and must mail a copy to the applicant it is important either to file comments and to every other party in the to intervene or a protest with the or to intervene as early in the process as proceeding. Federal Energy Regulatory Commission, Only parties to the proceeding can ask possible. 888 First Street, NE., Washington, DC for court review of Commission orders Also, comments protests, and 20426, in accordance with Sections in the proceeding. interventions may be filed electronically 385.214 or 385.211 of the Commission’s However, a person does not have to via the internet in lieu of paper. See, Rules and Regulations. All such motions intervene in order to have comments CFR 385.2001(a)(1)(iii) and the or protests must be filed in accordance considered. The second way to instructions on the Commission’s web with Section 154.210 of the participate is by filing with the site at http://www.ferc.fed.us/efi/ Commission’s Regulations. Protests will Secretary of the Commission, as soon as doorbell.htm. be considered by the Commission in possible, an original and two copies of determining the appropriate action to be comments in support of or in opposition If the Commission decides to set the taken, but will not serve to make to this project. The Commission will application for a formal hearing before protestants parties to the proceedings. consider these comments in an Administrative Law Judge, the Any person wishing to become a party determining the appropriate action to be Commission will issue another notice must file a motion to intervene. Copies taken, but the filing of a comment alone describing that process. At the end of of this filing are on file with the will not serve to make the filer a party the Commission’s review process, a Commission and are available for public to the proceeding.The Commission’s final Commission order approving or inspection in the Public Reference rules require that persons filing denying a certificate will be issued. Room. This filing may be viewed on the web at http://www.ferc.fed.us/online/ comments in opposition to the project David P. Boergers, provide copies of their protests only to rims.htm (call 202–208–2222 for the party or parties directly involved in Secretary. assistance). Comments, protests, and the protest. [FR Doc. 01–11773 Filed 5–9–01; 8:45 am] interventions may be filed electronically Persons who wish to comment only BILLING CODE 6717–01–M via the internet in lieu of paper. See, 18 on the environmental review of this CFR 385.2001(a)(1)(iii) and the project should submit an original and instructions on the Commission’s web
VerDate 11
site at http://www.ferc.fed.us/efi/ assistance). Comments, protests, and of this filing are on file with the doorbell.htm. interventions may be filed electronically Commission and are available for public via the internet in lieu of paper. See, 18 inspection in the Public Reference David P. Boergers, CFR 385.2001(a)(1)(iii) and the Room. This filing may be viewed on the Secretary. instructions on the Commission’s web web at http://www.ferc.fed.us/online/ [FR Doc. 01–11790 Filed 5–9–01; 8:45 am] site at http://www.ferc.fed.us/efi/ rims.htm (Call 202–208–2222 for BILLING CODE 6717–01–M doorbell.htm. assistance). Comments, protests, and interventions may be filed electronically David P. Boergers, via the internet in lieu of paper. See, 18 DEPARTMENT OF ENERGY Secretary. CFR 385.2001(a)(1)(iii) and the [FR Doc. 01–11788 Filed 5–9–01; 8:45 am] Federal Energy Regulatory instructions on the Commission’s web BILLING CODE 6717–01–M Commission site at http://www.ferc.fed.us/efi/ doorbell.htm. [Docket No. RP01–395–000] DEPARTMENT OF ENERGY David P. Boergers, Secretary. Northern Natural Gas Company; Notice [Docket No. RP01–396–000] of Proposed Changes in FERC Gas [FR Doc. 01–11789 Filed 5–9–01; 8:45 am] Tariff Northern Natural Gas Company; Notice BILLING CODE 6717–01–M of Proposed Changes in FERC Gas May 4, 2001. Tariff Take notice that on May 1, 2001, DEPARTMENT OF ENERGY Northern Natural Gas Company May 4, 2001. (Northern) tendered for filing to become Take notice that on May 1, 2001 Federal Energy Regulatory part of Northern’s FERC Gas Tariff, Fifth Northern Natural Gas Company Commission Revised Volume No. 1 the following (Northern) tendered for filing to become [Docket No. RP99–518–021] tariff sheets to be effective June 1, 2001: part of Northern’s FERC Gas Tariff, the Fourteenth Revised Sheet No. 54 following tariff sheets to be effective PG&E Gas Transmission, Northwest First Revised Sheet No. 54A June 1, 2001: Corporation; Notice of Negotiated Rate Twelfth Revised Sheet No. 61 Fifth Revised Volume No. 1 Twelfth Revised Sheet No. 62 May 4, 2001. Twelfth Revised Sheet No. 63 56 Revised Sheet No. 50 Take notice that on May 1, 2001, Twelfth Revised Sheet No. 64 57 Revised Sheet No. 51 PG&E Gas Transmission, Northwest First Revised Sheet No. 300A 24 Revised Sheet No. 52 Corporation (GTN) tendered for filing as Fourth Revised Sheet No. 301 54 Revised Sheet No. 53 part of its FERC Gas Tariff, First Revised Second Revised Sheet No. 301A Sixth Revised Sheet No. 56 16 Revised Sheet No. 59 Volume No. 1–A., Fifteenth Revised Northern states that the revised tariff Second Revised Sheet No. 59A Sheet No. 7 and Seventh Revised Sheet sheets are being filed in accordance 21 Revised Sheet No. 60 No. 7A GTN requests that these tariff with Section 53 of Northern’s General Second Revised Sheet No. 60A sheets become effective May 1, 2001. Terms and Conditions, which requires GTN states that these sheets are being Original Volume No. 2 Northern to adjust its fuel and filed to reflect the implementation of Unaccounted for (UAF) gas percentages 164 Revised Sheet No. 1C one negotiated rate agreement. each June 1. 40 Revised Sheet No. 1C.a GTN further states that a copy of this Northern states that copies of the Northern states that this filing is to filing has been served on GTN’s filing were served upon Northern’s revise Northern’s rates, effective June 1, jurisdictional customers and interested customers and interested State 2001, to reflect an adjustment for the state regulatory agencies. Commissions. return and tax components associated Any person desiring to be heard or to Any person desiring to be heard or to with the System Levelized Account protest said filing should file a motion protest said filing should file a motion (SLA) balance as of March 31, 2001. to intervene or a protest with the to intervene or a protest with the Northern states that copies of the Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, filing were served upon Northern’s 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC customers and interested State 20426, in accordance with Sections 20426, in accordance with Sections Commissions. 385.214 or 385.211 of the Commission’s 385.214 or 385.211 of the Commission’s Any person desiring to be heard or to Rules and Regulations. All such motions Rules and Regulations. All such motions protest said filing should file a motion or protests must be filed in accordance or protests must be filed in accordance to intervene or a protest with the with Section 154.210 of the with Section 154.210 of the Federal Energy Regulatory Commission, Commission’s Regulations. Protests will Commission’s Regulations. Protests will 888 First Street, N.E., Washington, D.C. be considered by the Commission in be considered by the Commission in 20426, in accordance with sections determining the appropriate action to be determining the appropriate action to be 385.214 or 385.211 of the Commission’s taken, but will not serve to make taken, but will not serve to make Rules and Regulations. All such motions protestants parties to the proceedings. protestants parties to the proceedings. or protests must be filed in accordance Any person wishing to become a party Any person wishing to become a party with section 154.210 of the must file a motion to intervene. Copies must file a motion to intervene. Copies Commission’s Regulations. Protests will of this filing are on file with the of this filing are on file with the be considered by the Commission in Commission and are available for public Commission and are available for public determining the appropriate action to be inspection in the Public Reference inspection in the Public Reference taken, but will not serve to make Room. This filing may be viewed on the Room. This filing may be viewed on the protestants parties to the proceedings. web at http://www.ferc.fed.us/online/ web at http://www.ferc.fed.us/online/ Any person wishing to become a party rims.htm (call 202–208–2222 for rims.htm (call 202–208–2222 for must file a motion to intervene. Copies assistance). Comments, protests, and
VerDate 11
interventions may be filed electronically site at http://www.ferc.fed.us/efi/ on the Commission’s web site at via the internet in lieu of paper. See, 18 doorbell.htm. http://www.ferc.fed.us/efi/doorbell.htm. CFR 385.2001(a)(1)(iii) and the David P. Boergers, David P. Boergers, instructions on the Commission’s web site at http://www.ferc.fed.us/efi/ Secretary. Secretary. doorbell.htm. [FR Doc. 01–11781 Filed 5–9–01; 8:45 am] [FR Doc. 01–11779 Filed 5–9–01; 8:45 am] BILLING CODE 6717–01–M BILLING CODE 6717–01–M David P. Boergers, Secretary. [FR Doc. 01–11782 Filed 5–9–01; 8:45 am] DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY BILLING CODE 6717–01–M Federal Energy Regulatory Federal Energy Regulatory Commission Commission DEPARTMENT OF ENERGY [Docket No. GT01–15–001] [Docket No. RP01–394–000]
Federal Energy Regulatory Texas Eastern Transmission, LP; Texas Eastern Transmission, LP; Commission Notice of Errata Filing Notice of Tariff Filing
[Docket No. RP96–200–070] May 4, 2001. May 4, 2001. Take notice that on May 1, 2001, Take notice that on May 1, 2001, Reliant Energy Gas Transmission Texas Eastern Transmission, LP (Texas Texas Eastern Transmission, LP (Texas Company; Notice of Negotiated Rate Eastern) tendered for filing as part of its Eastern) tendered for filing as part of its FERC Gas Tariff, Seventh Revised FERC Gas Tariff, Seventh Revised May 4, 2001. Volume No. 1 and First Revised Volume Volume No. 1, the following tariff sheet Take notice that on May 1, 2001, No. 2, substitute tariff sheets to be proposed to be effective June 1, 2001: effective April 16, 2001 as listed on Reliant Energy Gas Transmission First Revised Sheet No. 543 Company (REGT) tendered for filing as Appendix A to the filing. part of its FERC Gas Tariff, Fifth Revised Texas Eastern states that the purpose Texas Eastern states that the purpose Volume No. 1, the following tariff sheets of this filing is to reflect the correction of this filing is to amend its tariff, as to be effective May 1, 2001. of certain typographical and ministerial suggested by the Commission in its errors in some of the Original Tariff April 12, 2001, Order Denying Third Revised Sheet No. 8C Original Sheet No. 8AI Sheets filed in Docket No. GT01–15–000 Clarification and Rehearing in Docket Original Sheet No. 8AJ on April 12, 2001 and Texas Eastern No. CP95–218–004, to include a generic Original Sheet No. 8AK requests the Commission to permit the waiver of the ‘‘shipper must have title’’ Original Sheet No. 8AL substitution of these substitute tariff rule and a general statement that it will sheets for those corresponding sheets only transport for others on offsystem REGT states that the purpose of this filed on April 12. capacity pursuant to its existing tariff filing is to reflect the addition of four Texas Eastern states that copies of its and rates. new negotiated rate contracts and the filing have been mailed to all affected Texas Eastern states that copies of its revision of an existing negotiated rate customers and interested state filing have been mailed to all affected contract. commissions and that the filing will be customers and interested state Any person desiring to be heard or to posted in a downloadable format on commissions. protest said filing should file a motion Texas Eastern’s Informational Postings Any person desiring to be heard or to to intervene or a protest with the Web site located at www.link.duke- protest said filing should file a motion Federal Energy Regulatory Commission, energy.com. to intervene or a protest with the 888 First Street, NE., Washington, DC Any person desiring to protest said Federal Energy Regulatory Commission, 20426, in accordance with Sections filing should file a protest with the 888 First Street, NE., Washington, DC 385.214 or 385.211 of the Commission’s Federal Energy Regulatory Commission, 20426, in accordance with Sections Rules and Regulations. All such motions 888 First Street, NE., Washington, DC 385.214 or 385.211 of the Commission’s or protests must be filed in accordance 20426, in accordance with section Rules and Regulations. All such motions with Section 154.210 of the 385.211 of the Commission’s Rules and or protests must be filed in accordance Commission’s Regulations. Protests will Regulations. All such protests must be with Section 154.210 of the be considered by the Commission in filed in accordance with section 154.210 Commission’s Regulations. Protests will determining the appropriate action to be of the Commission’s Regulations. be considered by the Commission in taken, but will not serve to make Protests will be considered by the determining the appropriate action to be protestants parties to the proceedings. Commission in determining the taken, but will not serve to make Any person wishing to become a party appropriate action to be taken, but will protestants parties to the proceedings. must file a motion to intervene. Copies not serve to make protestants parties to Any person wishing to become a party of this filing are on file with the the proceedings. Copies of this filing are must file a motion to intervene. Copies Commission and are available for public on file with the Commission and are of this filing are on file with the inspection in the Public Reference available for public inspection in the Commission and are available for public Room. This filing may be viewed on the Public Reference Room. This filing may inspection in the Public Reference web at http://www.ferc.fed.us/online/ be viewed on the web at http:// Room. This filing may be viewed on the rims.htm (call 202–208–2222 for www.ferc.fed.us/online/rims.htm (Call web at http://www.ferc.fed.us/online/ assistance). Comments, protests, and 202–208–2222 for assistance). rims.htm (call 202–208–2222 for interventions may be filed electronically Comments, protests and interventions assistance). Comments, protests, and via the internet in lieu of paper. See, 18 may be filed electronically via the interventions may be filed electronically CFR 385.2001(a)(1)(iii) and the internet in lieu of paper. See, 18 CFR via the internet in lieu of paper. See, 18 instructions on the Commission’s web 385.2001(a)(1)9ii) and the instructions CFR 385.2001(a)(1)(iii) and the
VerDate 11
instructions on the Commission’s web Commission’s Regulations. Protests will In Part Compliance Filing’’, 94 FERC site at http://www.ferc.fed.us/efi/ be considered by the Commission in ¶ 61,344, a revised Transmission Owner doorbell.htm. determining the appropriate action to be Tariff applicable to its activities as a taken, but will not serve to make Participating Transmission Owner. David P. Boergers, protestants parties to the proceedings. Vernon states that copies of this filing Secretary. Any person wishing to become a party have been served on each person [FR Doc. 01–11787 Filed 5–9–01; 8:45 am] must file a motion to intervene. Copies designated on the official service list BILLING CODE 6717–01–M of this filing are on file with the compiled by the Secretary in these Commission and are available for public proceedings. inspection in the Public Reference Comment date: May 29, 2001, in DEPARTMENT OF ENERGY Room. This filing may be viewed on the accordance with Standard Paragraph E at the end of this notice. Federal Energy Regulatory web at http://www.ferc.fed.us/online/ Commission rims.htm (call 202–208–2222 for 3. Norton Energy Storage, L.L.C. assistance). Comments, protests, and [Docket No. RP01–393–000] interventions may be filed electronically [Docket No. EL01–70–000] via the internet in lieu of paper. See, 18 Take notice that on April 26, 2001, Transcontinental Gas Pipe Line CFR 385.2001(a)(1)(iii) and the Norton Energy Storage, L.L.C. (NES) Corporation; Notice of Tariff Filing instructions on the Commission’s web filed with the Federal Energy Regulatory Commission a Petition for Declaratory May 4, 2001. site at http://www.ferc.fed.us/efi/ doorbell.htm. Order pursuant to Section 385.207 of Take notice that on May 1, 2001, the Commission’s Regulations, 18 CFR Transcontinental Gas Pipe Line David P. Boergers, 385.207. Corporation (Transco) tendered for Secretary. NES requests that the Commission filing as part of its FERC Gas Tariff, [FR Doc. 01–11786 Filed 5–9–01; 8:45 am] declare that transactions involving the Third Revised Volume No. 1, certain BILLING CODE 6717–01–M delivery of electric energy to NES’ revised tariff sheet which sheets are Compressed Air Energy Storage (CAES) enumerated in Appendix A attached to generating facility (the NES Facility) for the filing. DEPARTMENT OF ENERGY storage through the compression of air Transco states that the purpose of the into a cavern for subsequent release instant filing is track rate changes Federal Energy Regulatory through turbine generators to produce attributable to transportation service Commission electric energy or ancillary services for purchased from Dominion [Docket No. EG01–163–000, et al.] sale or exchange at wholesale in Transmission, Inc. (Dominion) under its interstate commerce are exclusively Rate Schedule GSS the costs of which Pinnacle West Energy Corporation, et subject to the Commission’s jurisdiction are included in the rates and charges al. Electric Rate and Corporate under Section 201 of the Federal Power payable under Transco’s Rate Schedules Regulation Filings Act, 16 U.S.C. §§ 824–825r (the FPA). GSS and LSS, and to track the NES states that it is developing its transportation service purchased from May 4, 2001. CAES generating facility at the site of an Texas Gas Transmission Corporation Take notice that the following filings abandoned limestone mine in the City (Texas Gas) under its Rates Schedule FT have been made with the Commission: of Norton, Summit County, Ohio, near the costs of which are included in the 1. Pinnacle West Energy Corporation Akron. NES represents that the NES rates and charges payable under Facility will eventually include 2,700 Transco’s Rate Schedule FT–NT. The [Docket No. EG01–163–000] MW of capacity, to be constructed in filing is being made pursuant to the Take notice that on May 2, 2001, individual increments of 300 MW. tracking provisions under Section 3 of Pinnacle West Energy Corporation According to NES, the NES Facility will Transco’s Rate Schedule GSS, Section 4 (PWE) tendered for filing with the be the first compressed air energy of the Transco’s Rate Schedule LSS and Federal Energy Regulatory Commission storage project to be developed in North Section 4 of Transco’s Rate Schedule (Commission), a Notice of Withdrawal America as a merchant facility, and only FT–NT. of its Application for Determination of the third CAES facility in the world. Transco states that included in Exempt Wholesale Generator (EWG) NES states that the NES Facility will Appendix B and C attached to the filing Status. PWE states that no parties have employ an innovative technology that are the explanations and details intervened or protested the PWE EWG will allow NES to ‘‘store’’ electric regarding the computation of the Rate Application, so no party will be energy produced in one period for Schedule GSS, LSS and FT–NT rate prejudiced or otherwise affected by delivery, resale and use during a later changes. PWE’s withdrawal. period, much as a pumped storage Transco states that copies of the filing Comment date: May 25, 2001, in hydroelectric facility does. are being mailed to each of its GSS, LSS accordance with Standard Paragraph E NES states that the NES Facility’s and FT–NT customers and interested at the end of this notice. The customers (including traditional public State Commissions. Commission will limit its consideration utilities, merchant generators and power Any person desiring to be heard or to of comments to those that concern the marketers) will deliver electric energy to protest said filing should file a motion adequacy or accuracy of the application. the NES Facility from time to time. This to intervene or a protest with the electric energy will be ‘‘stored’’ by 2. City of Vernon, California Federal Energy Regulatory Commission, compressing air into a sealed 888 First Street, NE., Washington, DC [Docket No. EL00–105–004] underground storage area. NES will 20426, in accordance with Sections Take notice that on April 27, 2001, maintain the injected air at high 385.214 or 385.211 of the Commission’s the City of Vernon, California (Vernon) pressure until its controlled release Rules and Regulations. All such motions tendered for filing, in compliance with through gas-fired turbine generators or protests must be filed in accordance the Commission’s March 28, 2001 during peak electric demand periods. In with Section 154.210 of the ‘‘Order Accepting In Part And Rejecting this manner, according to NES, the NES
VerDate 11
Facility will reclaim the ‘‘compression Comment date: May 22, 2001, in Copies of the filing were served upon power’’ used to compress and store air, accordance with Standard Paragraph E the Customer and the Michigan Public for purposes of generating electric at the end of this notice. Service Commission. energy for sale or exchange into 5. Boston Edison Company Comment date: May 21, 2001, in wholesale markets. NES asserts that accordance with Standard Paragraph E participants in electric energy markets [Docket No. ER99–35–004] at the end of this notice. will be able to use the NES Facility as Take notice that on May 1, 2001, 9. Pacific Gas and Electric Company a mechanism by which they can store Boston Edison Company tendered for electric energy obtained in wholesale filing certain substitute rate schedule [Docket No. ER01–1912–000] markets during off-peak periods and sheets to correct typographical errors in Take notice that on April 30, 2001, exchange it for electric energy or its First Revised Rate Schedule FERC Pacific Gas and Electric Company ancillary services made available to No. 169 filed on April 26, 2001 in (PG&E) tendered for filing an executed wholesale markets during peak periods. compliance with the Commission’s Generator Interconnection Agreement NES asks in its Petition that the order issued March 27, 2001 in this (GIA) to replace the unexecuted Commission confirm that the various proceeding. placeholder GIA that is part of the ways in which electric energy may be Comment date: May 22, 2001, in Generator Special Facilities Agreement stored and exchanged through the accordance with Standard Paragraph E (GSFA) between PG&E and Sunrise medium of the NES Facility qualify as at the end of this notice. Cogeneration and Power Company transactions involving the sale of 6. ISO New England Inc. (Sunrise) providing for Special Facilities electric energy and ancillary services for and the parallel operation of Sunrise’s resale in interstate commerce, i.e., as [Docket No. ER01–316–002] generating facility and the PG&E-owned ‘‘electric service,’’ as that term is Take notice that on May 1, 2001, ISO electric system that is on file with the defined at 18 CFR 35.2(a), subject New England Inc. tendered for filing its Commission as Service Agreement No. 2 exclusively to the Commission’s FPA quarterly Index of Customers for its to PG&E Electric Tariff, Fourth Revised jurisdiction. Tariff for Transmission Dispatch and Volume No. 5. NES states that it is currently in the Power Administration Services in Copies of this filing have been served process of securing additional equity accordance with the procedure specified upon Sunrise, the California investors and arranging for the financing in its filing letter in Docket No. ER01– Independent System Operator of the initial phase of its project. NES 316–000 dated November 1, 2000, and Corporation, and the CPUC. asserts that the financial markets, approved by Commission order issued Comment date: May 21, 2001, in potential equity investors and would-be December 29, 2000. accordance with Standard Paragraph E counter parties all require certainty as to Comment date: May 22, 2001, in at the end of this notice. how electric energy transactions accordance with Standard Paragraph E 10. Idaho Power Company involving the NES Facility will be at the end of this notice. treated for regulatory purposes. NES 7. Consumers Energy Company [Docket No. ER01–1913–000] therefore asks that the requested [Docket No. ER01–1910–000] Take notice that on April 30, 2001, declaratory order be issued by June 30, Idaho Power Company tendered for 2001. Take notice that on April 30, 2001 filing a revised long-term service Consumers Energy Company NES states that it has served copies of agreement under its open access (Consumers) tendered for filing a its Petition upon representatives of transmission tariff in the above- Service Agreement with The Detroit FirstEnergy Corp. and American Electric captioned proceeding. Edison Company; Tenaska Power Power, the public utilities with which it Comment date: May 21, 2001, in Services Co.; and Aquila Energy will be interconnected, and upon accordance with Standard Paragraph E Marketing Corporation (Customers) representatives of the Public Utilities at the end of this notice. under Consumers—FERC Electric Tariff Commission of Ohio and the Attorney No. 9 for Market Based Sales. General of Ohio. Questions concerning 11. Nevada Power Company Consumers requested that the this filing may be directed to counsel for [Docket No. ER01–1914–000] Agreements be allowed to become NES, James F. Bowe, Jr., Dewey effective April 1, 2001. Take notice that on April 30, 2001, Ballantine LLP, at (202) 429–1444, fax Copies of the filing were served upon Nevada Power Company (Nevada (202) 429–1579, or the Customers and the Michigan Public Power) tendered for filing an executed [email protected]. Service Commission. Service Agreement (Agreement) with Comment date: May 29, 2001, in Comment date: May 21, 2001, in the following Overton Power District accordance with Standard Paragraph E accordance with Standard Paragraph E No. 5 (Overton). The Agreement is an at the end of this notice. at the end of this notice. umbrella agreement which allows 4. Western Resources, Inc. Overton to take service Under Nevada 8. Consumers Energy Company Power’s FERC Electric Tariff, First [Docket No. ER98–2157–002] [Docket No. ER01–1911–000] Revised Volume No. 4, Electric Service Take notice that on May 1, 2001, Take notice that on April 30, 2001 Coordination Tariff (Tariff). Western Resources, Inc. (Western) and Consumers Energy Company Nevada Power respectfully requests its wholly-owned subsidiary, Kansas (Consumers) tendered for filing a that the Service Agreement become Gas and Electric Company (the Service Agreement with Engage Energy effective April 1, 2001. Companies), tendered for filing the America LLC, (Customer) under Copies of this filing were served upon Affidavit of Dr. David B. Patton Consumers—FERC Electric Tariff No. 9 the Public Utilities Commission of demonstrating that the Companies for Market Based Sales. Nevada, and all interested parties. continue to satisfy the Commission Consumers requested that the Comment date: May 21, 2001, in requirements for market-based rate Agreement be allowed to become accordance with Standard Paragraph E authority. effective April 1, 2001. at the end of this notice.
VerDate 11
12. Ameren Services Company Comment date: May 18, 2001, in Agreement Between Black Hills Power, [Docket No. ER01–1915–000] accordance with Standard Paragraph E Inc. and PacifiCorp Power Marketing, at the end of this notice. Inc., and (2) Exchange Agreement Take notice that on April 30, 2001, Between Black Hills Power, Inc., and Ameren Services Company (ASC) 15. Calpine Corporation PacifiCorp Power Marketing, Inc. tendered for filing a Service Agreement [Docket No. EL01–71–000] Copies of these filings were supplied for Firm Point-to-Point Transmission to PacifiCorp Power Marketing, Inc. Services between ASC and Ameren Take notice that on April 27, 2001, Comment date: May 22, 2001, in Energy, Inc. (customer). ASC asserts that Calpine Corporation (Calpine) accordance with Standard Paragraph E the purpose of the Agreement is to submitted for filing a Petition for an at the end of this notice. permit ASC to provide transmission Enforcement Action and/or Declaratory service to customer pursuant to Order and Request for Expedited 17. Exelon Energy Company Treatment pursuant to Section Ameren’s Open Access Tariff. [Docket No. ER01–1919–000] Comment date: May 21, 2001, in 210(h)(2)(B) of the Public Utility accordance with Standard Paragraph E Regulatory Policies Act of 1978 Take notice that on May 1, 2001, at the end of this notice. (PURPA), 16 U.S.C.A.§ 824a–3(h)(2)(B) Exelon Energy Company (Exelon (2000), and Rule 207 of the Energy) tendered for filing to the 13. RAMCO, Inc. Commission’s Rules of Practice and Federal Energy Regulatory Commission [Docket No. ER01–1916–000] Procedure, 18 CFR 385.207. (FERC or the Commission) a Notice of Take notice that on April 30, 2001, Calpine alleges that Decision 01–03– Succession notifying the Commission RAMCO, Inc. (Applicant), tendered for 067, issued by the California Public that it has succeeded to Unicom Energy, filing pursuant to Section 205 of the Utilities Commission (CPUC) on March Inc. FERC Rate Schedule No. 1, which Federal Power Act, and Part 35 of the 28, 2001 (Avoided Cost Decision), was approved by Commission order at Commission’s regulations, an violates PURPA Section 210, 16 U.S.C. Docket No. ER00–2429, as amended and application for authorization to make § 824a–3 which requires, inter alia, that supplemented, in conformance with sales of capacity, energy, and certain rates for purchases from QFs shall not Order No. 614. Exelon Energy also Ancillary Services at market-based rates; exceed incremental cost to the utility, refiled the Unicom Energy rate schedule to reassign transmission capacity; and to nor shall those rates discriminate as an Exelon Energy rate schedule. resell firm transmission rights (FTRs). against qualifying cogenerators or small Unicom Energy, Inc. has changed its Applicant proposes to own or lease power producers. The Avoided Cost name to Exelon Energy Company as part and operate two approximately 44 MW Decision changes the formula by which of an internal restructuring in which its simple-cycle, natural gas-fired avoided cost rates are calculated. operations were combined with PECO combustion turbine peaking facilities This change violates PURPA, Calpine Energy Company d/b/a Exelon Energy, a located in San Diego County, Cities of alleges, for three reasons: (i) The successor to Horizon Energy Company. Chula Vista and Escondido, California. Avoided Cost Decision sets avoided Accordingly, Exelon Energy Company Applicant is requesting waiver of the costs in an arbitrary and unlawful hereby cancels the power sales tariff of Commission’s prior notice regulations manner, without any relationship Horizon Energy Company and has filed as necessary to make its FERC Electric whatsoever to the purchasing utility’s a Notice of Cancellation of the Horizon Tariff No. 1 effective as of May 1, 2001. ‘‘full avoided costs,’’ thus violating the Energy rate schedule as part of this Comment date: May 21, 2001, in PURPA avoided cost mandate; (ii) the filing. accordance with Standard Paragraph E Avoided Cost Decision subjects QFs to Comment date: May 22, 2001, in at the end of this notice. improper CPUC rate regulation, in accordance with Standard Paragraph E contravention of PURPA and; (iii) the at the end of this notice. 14. Ohio Valley Electric Corporation, Avoided Cost Decision sets payments to 18. Idaho Power Company Indiana-Kentucky Electric Corporation QFs at price levels at which QFs cannot [Docket No. ER01–1917–000] economically generate, contrary to the [Docket No. ER01–1920–000] Take notice that on April 27, 2001, PURPA objective of encouraging Take notice that on May 1, 2001, Ohio Valley Electric Corporation generation. Calpine asks this Idaho Power Company tendered for (including its wholly-owned subsidiary, Commission to institute an enforcement filing a revised long-term service Indiana-Kentucky Electric Corporation) action and/or to issue a declaratory agreement under its open access (OVEC) tendered for filing a Service order, and requests that it do so using transmission tariff in the above- Agreement for Non-Firm Point-To-Point expedited treatment, to grant relief to captioned proceeding. Transmission Service, dated March 23, the QFs from the Avoided Cost Comment date: May 22, 2001, in 2001 (the Service Agreement) between Decision. accordance with Standard Paragraph E Allegheny Energy Supply Company, Comment date: May 25, 2001, in at the end of this notice. accordance with Standard Paragraph E L.L.C. (Allegheny Energy) and OVEC. 19. PacifiCorp Power Marketing, Inc. OVEC proposes an effective date of at the end of this notice. [Docket No. ER01–1921–000] March 30, 2001 and requests waiver of 16. Black Hills Corporation, n/k/a, the Commission’s notice requirement to Black Hills Power, Inc. Take notice that on May 1, 2001, allow the requested effective date. PacifiCorp Power Marketing, Inc. The Service Agreement provides for [Docket No. ER01–1918–000] tendered for filing with the Federal non-firm transmission service by OVEC Take notice that on May 1, 2001, Energy Regulatory Commission an to Allegheny Energy. In its filing, OVEC Black Hills Corporation, d/b/a Black Exchange Agreement between Black states that the rates and charges Hills Power, Inc., a wholly-owned Hills Power, Inc. and PacifiCorp Power included in the Service Agreement are subsidiary of Black Hills Corporation, Marketing, Inc., dated as of April 3, the rates and charges set forth in OVEC’s Inc. (a South Dakota holding 2001. Open Access Transmission Tariff. corporation), tendered for filing the Comment date: May 22, 2001, in A copy of this filing was served upon following long-term service agreements: accordance with Standard Paragraph E Allegheny Energy. (1) Surplus Energy Marketing at the end of this notice.
VerDate 11
20. Tucson Electric Power Company Comment date: May 22, 2001, in Point Transmission Service between [Docket No. ER01–1922–000] accordance with Standard Paragraph E CMP and Engage Energy America LLC at the end of this notice. (Engage), designated as Original Service Take notice that on May 1, 2001, Agreements 123 and 124, respectively, 23. New England Power Pool Tucson Electric Power Company to CMP’s FERC Electric Tariff, Fifth tendered for filing one (1) umbrella [Docket No. ER01–1926–000] Revised Volume No. 3. service agreement (for short-term firm Take notice that on May 1, 2001, the CMP is requesting that these service) and one (1) service agreement New England Power Pool (NEPOOL) unexecuted transmission service (for non-firm service) pursuant to Part II Participants Committee tendered for agreements become effective March 30, of Tucson’s Open Access Transmission filing for acceptance materials to permit 2001. Tariff, which was filed in Docket No. NEPOOL to expand its membership to Copies of this filing have been served ER01–208–000. include Axia Energy, L.P. (Axia) and to upon the Commission, the Maine Public The details of the service agreements Utilities Commission, S.D. Warren, and are as follows: terminate the memberships of Entergy Power Marketing Corporation (EPMC) Engage. 1. Umbrella Agreement for Short- Comment date: May 22, 2001, in Term Firm Point-to-Point Transmission and Koch Energy Trading, Inc. NEPOOL requests a February 1, 2001 effective accordance with Standard Paragraph E Service dated as of January 30, 2001 by at the end of this notice. and between Tucson Electric Power date for the commencement of Axia’s Company and Colorado River participation in and the termination of 26. Jersey Central Power & Light Commission—FERC Electric Tariff Vol. EPMC and KETI from NEPOOL. Company; Metropolitan Edison No. 2, Service Agreement No. 155. No The Participants Committee states Company; Pennsylvania Electric service has commenced at this time. that copies of these materials were sent Company 2. Form of Service Agreement for to the New England state governors and [Docket No. ER01–1929–000] regulatory commissions and the Non-Firm Point-to-Point Transmission Take notice that on May 1, 2001, Participants in NEPOOL. Service dated as of January 30, 2001 by Jersey Central Power & Light Company, Comment date: May 22, 2001, in and between Tucson Electric Power Metropolitan Edison Company and accordance with Standard Paragraph E Company and Colorado River Pennsylvania Electric Company at the end of this notice. Commission—FERC Electric Tariff Vol. (individually doing business as GPU No. 2, Service Agreement No. 156. No 24. Southern California Edison Energy), submitted for filing a Notice of service has commenced at this time. Company Cancellation of the Service Agreement Comment date: May 22, 2001, in [Docket No. ER01–1927–000] between GPU Service Corporation and accordance with Standard Paragraph E National Electric Associates, LP, FERC at the end of this notice. Take notice that on May 1, 2001, Electric Tariff, Original Volume No. 1, Southern California Edison Company Service Agreement No. 21. 21. American Electric Power Service (SCE) tendered for filing the Corporation GPU Energy requests that cancellation Interconnection Facilities Agreement be effective June 27, 2001. [Docket No. ER01–1923–000] (Interconnection Agreement) between Comment date: May 22, 2001, in Take notice that on May 1, 2001, SCE and the City of Riverside accordance with Standard Paragraph E American Electric Power Service (Riverside). at the end of this notice. Corporation tendered for filing a letter This agreement specifies the terms 27. Jersey Central Power & Light agreement between Appalachian Power and conditions pursuant to which SCE Company; Metropolitan Edison Company and Panda Culloden Power, will construct certain interconnection Company; Pennsylvania Electric L.P. facilities to facilitate the wholesale Company AEP requests an effective date of June Distribution Service SCE provides to 29, 2001. Riverside pursuant to SCE’s Wholesale [Docket No. ER01–1930–000] Copies of Appalachian Power Distribution Access Tariff, FERC Take notice that on May 1, 2001, Company’s filing have been served upon Electric Tariff Original Volume No. 5. Jersey Central Power & Light Company, the West Virginia Public Service Copies of this filing were served upon Metropolitan Edison Company and Commission. the Public Utilities Commission of the Pennsylvania Electric Company Comment date: May 22, 2001, in State of California and Riverside. (individually doing business as ‘‘GPU accordance with Standard Paragraph E Comment date: May 22, 2001, in Energy’’) submitted for filing a Notice of at the end of this notice. accordance with Standard Paragraph E Cancellation of the Service Agreement at the end of this notice. 22. UNITIL Power Corp. between GPU Service Corporation and 25. Central Maine Power Company Federal Energy Sales, Inc., FERC [Docket No. ER01–1925–000] Electric Tariff, Original Volume No. 1, Take notice that on May 1, 2001, [Docket No. ER01–1928–000] Service Agreement No. 41. UNITIL Power Corp. tendered for filing Take notice that on May 1, 2001, GPU Energy requests that cancellation pursuant to Schedule II Section H of Central Maine Power Company (CMP), be effective the June 27, 2001. Supplement No. 1 to Rate Schedule tendered for filing as an initial rate Comment date: May 22, 2001, in FERC Number 1, the UNITIL System schedule pursuant to Section 35.12 of accordance with Standard Paragraph E Agreement, the following material: the Federal Energy Regulatory at the end of this notice. Commission’s (the Commission) 1. Statement of all sales and billing 28. Jersey Central Power & Light regulations, 18 C.F.R. § 35.12, (i) an transactions for the period January 1, Company; Metropolitan Edison unexecuted Form of Service Agreement 2000 through December 31, 2000 along Company; Pennsylvania Electric for Non-Firm Local Point-to-Point with the actual costs incurred by Company UNITIL Power Corp. by FERC account. Transmission Service between CMP and 2. UNITIL Power Corp. rates billed S.D. Warren Company (S.D. Warren), [Docket No. ER01–1931–000] from January 1, 2000 to December 31, and (ii) an unexecuted Form of Service Take notice that on May 1, 2001, 2000 and supporting rate development. Agreement for Non-Firm Local Point-to- Jersey Central Power & Light Company,
VerDate 11
Metropolitan Edison Company and purpose of the Agreement is to permit Rate sched- Pennsylvania Electric Company ASC to provide transmission service to ule Customer (individually doing business as ‘‘GPU customer pursuant to Ameren’s Open Energy’’) submitted for filing a Notice of Access Tariff. 105 ...... Florida Municipal Power Agen- Cancellation of the Service Agreement ASC respectfully requests that the cy. 108 ...... City of Key West. between GPU Service, Inc. and The Service Agreement become effective 119 ...... Reedy Creek Improvement Dis- Power Company of America, LP, FERC April 1, 2001. trict. Electric Tariff, Original Volume No. 1, Comment date: May 21, 2001, in 122 ...... City of Tallahassee. Service Agreement No. 64. accordance with Standard Paragraph E 128 ...... Seminole Electric Cooperative, GPU Energy requests that cancellation at the end of this notice. Inc. be effective June 27, 2001. 139 ...... Oglethorpe Power Corporation. Comment date: May 22, 2001, in 32. New England Power Pool 141 ...... City of Vero Beach. accordance with Standard Paragraph E [Docket No. ER01–1935–000] 142 ...... Big Rivers Electric Corporation. at the end of this notice. 148 ...... Alabama Electric Cooperative, Take notice that on May 1, 2001, the Inc. 29. Jersey Central Power & Light New England Power Pool (NEPOOL) 153 ...... Enron Power Marketing, Inc. Company; Metropolitan Edison Participants Committee filed for 154 ...... Catex Vitol Electric, L.L.C. Company; Pennsylvania Electric acceptance materials to permit NEPOOL 155 ...... Louis Dreyfus Electric Power, Company to expand its membership to include Inc. Dominion Retail, Inc. (DRI), Exelon 156 ...... Electric Clearing House, Inc. [Docket No. ER01–1932–000] Generation Company, LLC (Exelon); 157 ...... LG&E Power Marketing, Inc. Take notice that on May 1, 2001, Indeck Energy-Alexandria, LLC (IEA), 158 ...... MidCon Power Service Corp. Jersey Central Power & Light Company, 159 ...... Koch Power Services Com- and Massachusetts Public Interest pany. Metropolitan Edison Company and Research Group, Inc. (MASSPIRG ). 161 ...... Citizens Lehman Power Sales. Pennsylvania Electric Company The Participants Committee requests 162 ...... AES Power, Inc. (individually doing business as GPU an effective date of May 1, 2001 for 163 ...... Intercoast Power Marketing Energy) submitted for filing a Notice of commencement of participation in Company. Cancellation of the Service Agreement NEPOOL by DRI, Exelon, and 164 ...... Valero Power Service Com- between GPU Energy and Wheeled MASSPIRG, and July 1, 2001 for the pany. Electric Power Company, FERC Electric commencement of participation in 167 ...... NorAm Energy Services, Inc. 168 ...... Western Power Services. Tariff, Original Volume No. 1, Service NEPOOL by IEA. Agreement No. 90. 169 ...... CNG Power Services Corpora- The Participants Committee states tion. GPU Energy requests that cancellation that copies of these materials were sent 170 ...... Calpine Power Services Com- be effective June 27, 2001. to the New England state governors and pany. Comment date: May 22, 2001, in regulatory commissions and the 171 ...... SCANA Energy Marketing, Inc. accordance with Standard Paragraph E Participants in NEPOOL. 172 ...... PanEnergy Trading & Market at the end of this notice. Comment date: May 22, 2001, in Services. 173 ...... Coral Power, L.L.C. 30. Jersey Central Power & Light accordance with Standard Paragraph E at the end of this notice. 174 ...... Aquila Power Corporation. Company; Metropolitan Edison 175 ...... The Energy Authority, Inc. Company; Pennsylvania Electric 33. Florida Power Corporation 176 ...... NP Energy Inc. Company 177 ...... Morgan Stanley Capital Group, [Docket No. ER01–1924–000] Inc. [Docket No. ER01–1933–000] Take notice that on May 1, 2001, Take notice that on May 1, 2001, Florida Power Corporation (Florida The interchange services which are Jersey Central Power & Light Company, Power), tendered for filing revisions to affected by these revisions are (1) Metropolitan Edison Company and the capacity charges, reservation fees Service Schedule A—Emergency Pennsylvania Electric Company and energy adders for various Service; (2) Service Schedule B—Short (individually doing business as GPU interchange services provided by Term Firm Service; (3) Service Schedule Energy) submitted for filing a Notice of Florida Power pursuant to interchange D—Firm Service; (4) Service Schedule Cancellation of the Service Agreement contracts as follows: F—Assured Capacity and Energy between GPU Service Corporation and Service; (5) Service Schedule G— MidCon Power Services Corporation Rate sched- Customer Backup Service; (6) Service Schedule (now Kinder Morgan, Inc.), FERC ule H—Reserve Service; (7) Service Electric Tariff, Original Volume No. 1, Schedule l—Regulation Service; (8) Service Agreement No. 19. 65 ...... Southeastern Power Adminis- tration. Service Schedule OS—Opportunity GPU Energy requests that cancellation 80 ...... Tampa Electric Company. Sales; (9) Service Schedule RE— be effective June 27, 2001. 81 ...... Florida Power & Light Com- Replacement Energy Service; (10) Comment date: May 22, 2001, in pany. Contract for Assured Capacity and accordance with Standard Paragraph E 82 ...... City of Homestead. Energy With Florida Power & Light at the end of this notice. 86 ...... Orlando Utilities Commission. Company; (11) Contract for Scheduled 88 ...... Gainesville Regional Utility. 31. Ameren Services Company Power and Energy with Florida Power & 91 ...... Jacksonville Electric Authority. Light Company. [Docket No. ER01–1934–000] 92 ...... City of Lakeland. Florida Power also is tendering 94 ...... Kissimmee Utility Authority. Take notice that on April 30, 2001, 95 ...... City of St. Cloud. changes to the real power loss factors Ameren Services Company (ASC) 101 ...... City of Lake Worth. under its Open Access Transmission tendered for filing a Service Agreement 102 ...... Florida Power & Light Com- Tariff (OATT) and the OATT of Carolina for Firm Point-to-Point Transmission pany. Power & Light Company. Services between ASC and Axia Energy, 103 ...... City of Starke. Florida Power requests that the Inc. (customer). ASC asserts that the 104 ...... City of New Smyrna Beach. amended revised capacity charges,
VerDate 11
reservation fees and energy adder be tendered for filing, pursuant to Section network integration transmission made effective on May 1, 2001. Florida 203 of the Federal Power Act, 16 U.S.C. service with Allegheny Electric Power requests waiver of the 824b (1994), and Part 33 of the Cooperative (Allegheny); and (ii) an Commission’s sixty-day notice Commission’s Regulations (18 CFR 33.1, agreement for network integration requirement. If waiver is denied, Florida et seq.), an Application for Commission transmission service for Easton Utilities Power requests that the filing be made approval for the sale by Gener, and the Commission (Easton). effective 60 days after the filing date. purchase by TAUSA, of fifty percent of Copies of this filing were served upon Copies of the filing were served on the capital stock in Merchant Energy Allegheny, Easton, and the state each of the customer affected by this Group of the Americas, Inc. (MEGA), commissions within the PJM control filing. which owns certain jurisdictional rate area. Comment date: May 22, 2001, in schedules. Upon consummation of the Comment date: May 21, 2001, in accordance with Standard Paragraph E proposed transaction, MEGA will be a accordance with Standard Paragraph E at the end of this notice. wholly-owned subsidiary of TAUSA. at the end of this notice. Comment date: May 17, 2001, in Standard Paragraph 5. Dominion Nuclear Marketing II, Inc. accordance with Standard Paragraph E E. Any person desiring to be heard or at the end of this notice. [Docket Nos. ER01–1890–000] to protest such filing should file a 2. Arizona Public Service Company Take notice that on April 30, 2001, motion to intervene or protest with the Dominion Nuclear Marketing II, Inc. Federal Energy Regulatory Commission, Docket Nos. ER01–770–002 and ER01–917– (DNM II) tendered for filing service 888 First Street, NE., Washington, DC 002 (not consolidated) agreements providing for sales of power 20426, in accordance with Rules 211 Take notice that on April 30, 2001, to Duke Energy Trading and Marketing, and 214 of the Commission’s Rules of Arizona Public Service Company (APS) L.L.C. (DETM) and Constellation Power Practice and Procedure (18 CFR 385.211 tendered for filing an Amendment to the Source, Inc. (Constellation) and 385.214). All such motions or ANPP Valley Transmission System (collectively, the Customers) under protests should be filed on or before the Participation Agreement between APS, DNM II’s market-based rate sales tariff, comment date. Protests will be Salt River Project Agricultural FERC Electric Tariff, Original Volume considered by the Commission in Improvement and Power District, Public No. 1 (the Tariff). DNM II requests that determining the appropriate action to be Service Company of New Mexico, and the Commission make the service taken, but will not serve to make El Paso Electric Company. agreements for DETM and Constellation protestants parties to the proceeding. APS states that the Amendment to the effective on April 1, 2001. Any person wishing to become a party ANPP Participation Agreement is being Copies of the filing were served upon must file a motion to intervene. Copies submitted in compliance with the the Customers, the Virginia State of these filings are on file with the Commission’s separate Letter Orders, Corporation Commission and the North Commission and are available for public issued on February 28, 2001, in the Carolina Utilities Commission. inspection. This filing may also be above-captioned dockets. Comment date: May 21, 2001, in viewed on the Internet at Comment date: May 21, 2001, in accordance with Standard Paragraph E http://www.ferc.fed.us/online/rims.htm accordance with Standard Paragraph E at the end of this notice. (call 202–208–2222 for assistance). at the end of this notice. Comments, protests, and interventions 6. New England Power Pool 3. PacifiCorp may be filed electronically via the [Docket No. ER01–1891–000] internet in lieu of paper. See, 18 CFR [Docket No. ER01–1152–001] Take notice that on April 30, 2001, 385.2001(a)(1)(iii) and the instructions Take notice that on April 30, 2001, the New England Power Pool (NEPOOL) on the Commission’s web site at PacifiCorp tendered for filing an tendered for filing changes to the New http://www.ferc.fed.us/efi/doorbell.htm. amendment to its January 30, 2001 filing England Power Pool Restated Open David P. Boergers, of a revised Exhibit C to the contract for Access Transmission Tariff, a related Secretary. Interconnections and Transmission Implementation Rule and a Market Rule [FR Doc. 01–11769 Filed 5–9–01; 8:45 am] Service between PacifiCorp and Western to make conforming changes for the Area Power Administration (Western), implementation of three-part bidding BILLING CODE 6717–01–P Contract No. 14–06–400–2436, and Net Commitment Period Supplement No. 2 (PacifiCorp’s Rate Compensation. A July 1, 2001 effective DEPARTMENT OF ENERGY Schedule FERC No. 262). The revisions date is requested. modify the rates charged to Western for NEPOOL states that copies of these Federal Energy Regulatory Block 2 transmission service. materials were sent to the NEPOOL Commission PacifiCorp has requested an effective Participants and the six New England date of April 1, 2001. state governors and regulatory [Docket No. EC01–92–000, et al.] Copies of this filing were supplied to commissions. TransAlta USA Inc., et al.; Electric Rate the Washington Utilities and Comment date: May 21, 2001, in and Corporate Regulation Filings Transportation Commission and the accordance with Standard Paragraph E Public Utility Commission of Oregon. at the end of this notice. May 3, 2001. Comment date: May 21, 2001, in 7. Michigan Electric Transmission Take notice that the following filings accordance with Standard Paragraph E Company and Consumers Energy have been made with the Commission: at the end of this notice. Company 1. TransAlta USA Inc. and Gener S.A. 4. PJM Interconnection, L.L.C. [Docket No. ER01–1892–000] [Docket No. EC01–92–000] [Docket No. ER01–1889–000] Take notice that on April 30, 2001, Take notice that on April 26, 2001, Take notice that on April 30, 2001, Consumers Energy Company TransAlta USA Inc. (TAUSA) and Gener PJM Interconnection, L.L.C. (PJM), (Consumers) tendered for filing a Notice S.A. (Gener) (collectively Applicants) tendered for filing (i) an agreement for of Cancellation regarding former OATT
VerDate 11
customers whose transmission service schedule be filed not less than 60 days Comment date: May 18, 2001, in agreements terminated by their own or more than 120 days from its effective accordance with Standard Paragraph E terms, effective December 31, 2000; and date. at the end of this notice. Michigan Electric Transmission Comment date: May 21, 2001, in 13. Zapco Power Marketers, Inc. Company (Michigan Transco) tendered accordance with Standard Paragraph E for filing five revised tariff sheets for its at the end of this notice. [Docket No. ER01–1899–000] Open Access Transmission Tariff, 10. Tampa Electric Company Take notice that on April 26, 2001, Michigan Transco Electric Tariff FERC Zapco Power Marketers, Inc. tendered No. 1, with a proposed effective date of [Docket No. ER01–1896–000] for filing a Notice of Termination. April 1, 2001. The tariff sheets are to Take notice that on April 27, 2001, Notice is hereby given that effective reflect changes in the Indices of Tampa Electric Company (Tampa April 12, 2001 Rate Schedule FERC No. Customers related to Consumers’ Notice Electric) tendered for filing updated ER98–689–000 effective date December of Cancellation and to correct certain transmission service rates under its 29, 1997 and filed with the Commission typographical errors. The revised sheets agreements to provide qualifying facility is to be canceled because Zapco has that were filed are First Revised Sheet transmission service for Mulberry been inactive since it filed with the Nos. 69, 106, 116, 170 and 171. Phosphates, Inc. (Mulberry), Cargill Commission and has been dissolved as The filing was served upon the Fertilizer, Inc. (Cargill), and Auburndale of April 12, 2001. Michigan Public Service Commission, Power Partners, Limited Partnership Notice of the proposed cancellation those listed in the Notice of (Auburndale). has not been served upon any public Cancellation, and customers under Tampa Electric proposes that the utilities since there are no affected Michigan Transco’s OATT. updated transmission service rates be purchasers. Comment date: May 21, 2001, in made effective as of May 1, 2001, and Comment date: May 17, 2001, in accordance with Standard Paragraph E therefore requests waiver of the accordance with Standard Paragraph E at the end of this notice. Commission’s notice requirement. at the end of this notice. Copies of the filing have been served 8. Jersey Central Power & Light 14. American Electric Power Service on Mulberry, Cargill, Auburndale, and Company; Metropolitan Edison Corporation Company; Pennsylvania Electric the Florida Public Service Commission. [Docket No. ER01–1900–000] Company Comment date: May 18, 2001, in accordance with Standard Paragraph E Take notice that on April 30, 2001, [Docket No. ER01–1893–000] at the end of this notice. the American Electric Power Service Take notice that on April 27, 2001, 11. EOPT Power Group Nevada, Inc. Corporation (AEPSC) tendered for filing Jersey Central Power & Light Company, executed Interconnection and Operation Metropolitan Edison Company and [Docket No. ER01–1897–000] Agreement between Columbus Southern Pennsylvania Electric Company Take notice that on April 26, 2001, Power Company and Duke Energy (individually doing business as GPU EOPT Power Group Nevada, Inc. Franklin LLC. The agreement is Energy) tendered for filing a Notice of tendered for filing for acceptance of its pursuant to the AEP Companies’ Open Cancellation of the Service Agreement Rate Schedule FERC No. 1, the granting Access Transmission Service Tariff between GPU Service Corporation and of certain blanket approvals, including (OATT) that has been designated as the Global Petroleum Corporation (now the authority to sell electricity at Operating Companies of the American Global Companies LLC), FERC Electric market-based rates, and the waiver of Electric Power System FERC Electric Tariff, Original Volume No. 1, Service certain of the Commission’s Tariff Revised Volume No. 6, effective Agreement No. 36. GPU Energy requests Regulations. June 15, 2000. that cancellation be effective the 27th Comment date: May 17, 2001, in AEP requests an effective date of June day of June 2001. accordance with Standard Paragraph E 25, 2001. Comment date: May 18, 2001, in at the end of this notice. A copy of the filing was served upon accordance with Standard Paragraph E the Ohio Public Utilities Commission. 12. Tampa Electric Company at the end of this notice. Comment date: May 21, 2001, in [Docket No. ER01–1898–000] accordance with Standard Paragraph E 9. Niagara Mohawk Power Corporation Take notice that on April 27, 2001, at the end of this notice. [Docket No. ER01–1894–000] Tampa Electric Company (Tampa 15. Deseret Generation & Transmission Take notice that on April 30, 2001, Electric) tendered for filing updated Co-operative, Inc. Niagara Mohawk Power Corporation caps on energy charges for emergency (Niagara Mohawk) tendered for filing an assistance service provided under its [Docket No. ER01–1901–000] Interconnection Agreement between interchange service contract with Take notice that on April 30, 2001, Niagara Mohawk Power Corporation Alabama Power Company, Georgia Deseret Generation & Transmission Co- and Athens Generating Company, L.P. Power Company, Gulf Power Company, operative, Inc. (Deseret) tendered for for a 1230 MW (winter rating) natural Mississippi Power Company, and filing an amendment to Rate Schedule gas-fired combined cycle combustion Savannah Electric and Power Company No. 13, a Contract for Interconnections turbine generating facility that is to be (collectively, Southern Companies). and Transmission Service Between constructed in the Town of Athens, Tampa Electric requests that the Deseret and the United States Greene County, New York, dated as of updated caps on charges be made Department of Energy, Western Area April 27, 2001. The filing is designated effective as of May 1, 2001, and Power Administration, Contract No. 2– as FERC Electric Rate Schedule No. 307. therefore requests waiver of the 07–40–P0716, dated November 10, An Interconnection Agreement Commission’s notice requirement. 1982. effective date of May 15, 2001 is Tampa Electric states that a copy of Deseret requests an effective date of requested and to the extent necessary, the filing has been served upon April 1, 2001. Copies of this filing have Niagara Mohawk requests waiver of any Southern Companies and the Florida been served on the Western Area Power Commission requirement that a rate Public Service Commission. Administration.
VerDate 11
Comment date: May 21, 2001, in 1. Service Agreement for Firm Point- Third Revised Volume No. 24 and Axia accordance with Standard Paragraph E to-Point Transmission Service by Energy, L.P. at the end of this notice. Virginia Electric and Power Company to UtiliCorp requests an effective date Axia Energy, LP designated as Service for the service agreement of April 12, 16. Southern Company Services, Inc. Agreement No. 318 under the 2001. [Docket No. ER01–1902–000] Company’s FERC Electric Tariff, Second Comment date: May 18, 2001, in Take notice that on April 27, 2001, Revised Volume No. 5; accordance with Standard Paragraph E Southern Company Services, Inc., as 2. Service Agreement for Non-Firm at the end of this notice. Point-to-Point Transmission Service by agent for Georgia Power Company 21. Ameren Services (Georgia Power), tendered for filing the Virginia Electric and Power Company to Interconnection Agreement between Axia Energy, LP designated as Service [Docket No. ER01–1907–000] Georgia Power and Augusta Energy LLC Agreement No. 319 under the Take notice that on April 27, 2001, (Augusta Energy) (the Agreement), as a Company’s FERC Electric Tariff, Second Ameren Services Company (ASC) service agreement under Southern Revised Volume No. 5. tendered for filing an Illinois Retail Operating Companies’ Open Access The foregoing Service Agreements are Network Integration Transmission Transmission Tariff (FERC Electric tendered for filing under the Open Service Agreement and Illinois Retail Tariff, Fourth Revised Volume No. 5) Access Transmission Tariff to Eligible Network Operating Agreement between and is designated as Service Agreement Purchasers effective June 7, 2000. Under ASC and Edgar Electric Cooperative No. 376. the tendered Service Agreements, Association d/b/a EnerStar Power Corp. The Agreement provides the general Dominion Virginia Power will provide ASC asserts that the purpose of the terms and conditions for the point-to-point service to Axia Energy, Agreement is to permit ASC to provide interconnection and parallel operation LP under the rates, terms and conditions transmission service to unbundled of Augusta Energy’s electric generating of the Open Access Transmission Tariff. Illinois retail customers of EnerStar facility located near Augusta, Richmond Dominion Virginia Power requests an Power Corp. pursuant to Ameren’s Open County, Georgia. The Agreement effective date of April 27, 2001, the date Access Tariff. terminates forty (40) years from the of filing of the Service Agreements. Comment date: May 18, 2001, in effective date unless terminated earlier Copies of the filing were served upon accordance with Standard Paragraph E by mutual written agreement. Axia Energy, LP, the Virginia State at the end of this notice. Comment date: May 18, 2001, in Corporation Commission, and the North 22. Upper Peninsula Power Company accordance with Standard Paragraph E Carolina Utilities Commission. at the end of this notice. Comment date: May 18, 2001, in [Docket No. ER01–1908–000] accordance with Standard Paragraph E 17. American Electric Power Service Take notice that on April 27, 2001, at the end of this notice. Corporation Upper Peninsula Power Company 19. Pacific Gas and Electric Company (UPPCO) tendered for filing a [Docket No. ER01–1903–000] Supplement to Agreement for Wholesale Take notice that on April 30, 2001, [Docket No. ER01–1905–000] Electric Power Service between UPPCO the American Electric Power Service Take notice that on April 27, 2001, and the City of Escanaba, Michigan Corporation (AEPSC) tendered for filing Pacific Gas and Electric Company (Escanaba) (UPPCO Rate Schedule FERC executed Interconnection Agreements (PG&E) tendered for filing a Notice of No. 26). UPPCO states that the between (1) West Texas Utilities Termination of the Power Plant Supplement reduces the amount of firm Company and Indian Mesa Power Operations Agreement between Pacific power that it is obligated to provide to Partners I LP and (2) West Texas Gas and Electric Company and Central Escanaba during the Summer of 2001. Utilities Company and Indian Mesa California Power Agency No. 1 for the Comment date: May 18, 2001, in Power Partners II LP. The agreements Coldwater Creek Geothermal Power accordance with Standard Paragraph E are pursuant to the AEP Companies’ Plant, PG&E Rate Schedule FERC No. at the end of this notice. Open Access Transmission Service 119. 23. Tucson Electric Power Company Tariff (OATT) that has been designated Copies of this filing have been served as the Operating Companies of the upon Central California Power Agency [Docket No. ER01–1909–000] American Electric Power System FERC No. 1, the California System Operator Take notice that on April 27, 2001, Electric Tariff Revised Volume No. 6, Corporation (ISO) and the California Tucson Electric Power Company effective June 15, 2000. Public Utilities Commission. tendered for filing one (1) Umbrella AEPSC requests an effective date of PG&E has requested certain waivers. Service Agreement (for Short-Term Firm June 26, 2001 for each of the Comment date: May 18, 2001, in Service) and one (1) Service Agreement Interconnection Agreements. A copy of accordance with Standard Paragraph E (for Non-Firm Service) pursuant to Part the filing was served upon the Public at the end of this notice. II of Tucson’s Open Access Utility Commission of Texas (PUCT). 20. UtiliCorp United Inc. Transmission Tariff, which was filed in Comment date: May 21, 2001, in Docket No. ER01–208–000. accordance with Standard Paragraph E [Docket No. ER01–1906–000] The details of the service agreements at the end of this notice. Take notice that on April 27, 2001, are as follows: 18. Virginia Electric and Power UtiliCorp United Inc. (UtiliCorp) 1. Umbrella Agreement for Short- Company tendered for filing Service Agreement Term Firm Point-to-Point Transmission No. 103 under UtiliCorp’s FERC Electric Service dated as of April 9, 2001 by and [Docket No. ER01–1904–000] Tariff, Third Revised Volume No. 25, a between Tucson Electric Power Take notice that on April 27, 2001, short-term firm point-to-point Company and Salt River Project, Virginia Electric and Power Company transmission service agreement between Transmission & Generation (Dominion Virginia Power or the UtiliCorp’s WestPlains Energy-Kansas Dispatching—FERC Electric Tariff Vol. Company) tendered for filing the division and Service Agreement No. 108 No. 2, Service Agreement No. 166–A. following: under UtiliCorp’s FERC Electric Tariff, No service has commenced at this time.
VerDate 11
2. Form of Service Agreement for International Paper Company take, the Commission will consider all Non-Firm Point-to Point Transmission (Transferors), an Curtis/Palmer protests or other comments filed, but Service dated as of April 9, 2001 by and Hydroelectric Company, LP only those who file a motion to between Tucson Electric Power (Transferee). intervene in accordance with the Company and Salt River Project, e. Name and Location of Project: The Commission’s Rules may become a Transmission & Generation Curtis/Palmer Hydroelectric Project is party to the proceeding. Any comments, Dispatching—FERC Electric Tariff Vol. located on the Hudson River in Saratoga protests, or motions to intervene must No. 2, Service Agreement No. 167. No and Waren Counties, New York. be received on or before the specified service has commenced at this time. f. Filed Pursuant to: Federal Power comment date for the particular Comment date: May 18, 2001, in Act, 16 U.S.C. 791(a)–825(r) application. accordance with Standard Paragraph E g. Applicant Contact: Mr. William J. Filing and Services of Responsive at the end of this notice. Madden, Jr. and John A. Whittaker, IV, Documents—Any filings must bear in attorneys for the transferors, Winston all capital letters the title Standard Paragraph and Strawn, 1400 L Street NW., ‘‘COMMENTS’’, ‘‘PROTEST’’, OR E. Any person desiring to be heard or Washington, DC 20005–3502, (202) 371– ‘‘MOTION TO INTERVENE’’, as to protest such filing should file a 5700. applicable, and the Project Number of motion to intervene or protest with the h. FERC Contact: Any questions on the particular application to which the Federal Energy Regulatory Commission, this notice should be addressed to Mr. filing refers. An additional copy must be 888 First Street, NE., Washington, DC Lynn R. Miles at (202) 219–2671. sent to the Direct, Division of 20426, in accordance with Rules 211 i. Deadline for filing comments and or Hydropower Administration and and 214 of the Commission’s Rules of motions: June 11, 2001. Compliance, Federal Energy Regulatory Practice and Procedure (18 CFR 385.211 All documents (original and eight Commission, at the above-mentioned and 385.214). All such motions or copies) should be filed with: David P. address. A copy of any motion to protests should be filed on or before the Boergers, Secretary, Federal Energy intervene must also be served upon each comment date. Protests will be Regulatory Commission, 888 First representative of the Applicant considered by the Commission in Street, NE., Washington DC 20426. specified in the particular application. determining the appropriate action to be Comments, protests and interventions Agency Comments—Federal, state, taken, but will not serve to make may be filed electronically via the and local agencies are invited to file protestants parties to the proceeding. internet in lieu of paper. See, 18 CFR comments on the described application. Any person wishing to become a party 385.2001(a)(1)(iii) and the instructions A copy of the application may be must file a motion to intervene. Copies on the Commission’s web site at obtained by agencies directly from the of these filings are on file with the http://www.ferc.fed.us/efi/doorbell.htm. Applicant. If an agency does not file Commission and are available for public Please include the project number (P– comments within the time specified for inspection. This filing may also be 2609–021) on any comments or motions filing comments, it will be presumed to viewed on the Internet at http:// filed. have no comments. One copy of an www.ferc.fed.us/online/rims.htm (call j. Description of Proposal: Curtis/ agency’s comments must also be sent to 202–208–2222 for assistance). Palmer Hydroelectric Company, LP the Applicant’s representatives. Comments, protests, and interventions (CPHC) and International Paper may be filed electronically via the Company (IPC), co-licensees, request David P. Boergers, internet in lieu of paper. See, 18 CFR Commission approval for a partial Secretary. 385.2001(a)(1)(iii) and the instructions transfer of the license for the project [FR Doc. 01–11772 Filed 5–9–01; 8:45 am] on the Commission’s web site at from CPHC and IPC CPHC as sole BILLING CODE 6717–01–M http://www.ferc.fed.us/efi/doorbell.htm. licensee. CPHC is a New York limited partnership and all of the interests in David P. Boergers, the partnership are currently held by DEPARTMENT OF ENERGY Secretary. subsidiaries of IPC. Federal Energy Regulatory [FR Doc. 01–11768 Filed 5–9–01; 8:45 am] k. Locations of the application: A Commission BILLING CODE 6717–01–P copy of the application is available for inspection and reproduction at the Notice of Application Accepted for Commission’s Public Reference Room, DEPARTMENT OF ENERGY Filing and Soliciting Comments, located at 888 First Street, NE., Room Protests, and Motions to Intervene Federal Energy Regulatory 2A, Washington, DC 20426, or by calling Commission (202) 208–1371. The application may be May 4, 2001. viewed on the web at www.ferc.fed.us/ Take notice that the following Notice of Transfer of License and online/rims.htm (Call (202) 208–2222 hydroelectric application has been filed Soliciting Comments, Motions To for assistance). A copy is also available with the Commission and is available Intervene, and Protests for inspection and reproduction at the for public inspection: address in item g above. a. Type of Application: Preliminary May 4, 2001. l. Individuals desiring to be included Permit. Take notice that the following on the Commission’s mailing list should b. Project No.: 11895–000. application has been filed with the so indicate by writing to the Secretary c. Date filed: February 20, 2001. Commission and is available for public of the Commission. d. Applicant: Malad High Drop inspection: Comments, Protests, or Motions to Hydropower, Inc. a. Application Type: Transfer of Intervene—Anyone may submit e. Name and Location of Project: The License. comments, a protest, or a motion to Malad High Drop Hydropower Project b. Project No: 2609–021. intervene in accordance with the would be located on the Malad River in c. Date Filed: March 28, 2001. requirements of Rules of Practice and Gooding County, Idaho. d. Applicants: Curtis/Palmer Procedure, 18 CFR 385.210, .211, .214. f. Filed Pursuant to: Federal Power Hydroelectric Company, LP In determining the appropriate action to Act, 16 USC §§ 791(a)–825(r).
VerDate 11
g. Applicant contacts: Mr. Rodney application (see 18 CFR 4.36). q. Filing and Service of Responsive Smith or Mr. Silvio Coletti, Malad High Submission of a timely notice of intent Documents—Any filing must bear in all Drop Hydropower, Inc., 2727 Merrimac allows an interested person to file the capital letters the title ‘‘COMMENTS’’, Place, Boise, ID 83709, (208) 562–1527, competing preliminary permit ‘‘NOTICE OF INTENT TO FILE fax (208) 562–8664. application no later than 30 days after COMPETING APPLICATION’’, h. FERC Contact: Tom Papsidero, the specified comment date for the ‘‘COMPETING APPLICATION’’, (202) 219–2715. particular application. A competing ‘‘PROTEST’’, or ‘‘MOTION TO i. Deadline for filing comments, preliminary permit application must INTERVENE’’, as applicable, and the protests, and motions to intervene: 60 conform with 18 CFR 4.30(b) and 4.36. Project Number of the particular days from the issuance date of this m. Preliminary Permit—Any qualified application to which the filing refers. notice. development applicant desiring to file a Any of the above-named documents All documents (original and eight competing development application must be filed by providing the original copies) should be filed with: David P. must submit to the Commission, on or and the number of copies provided by Boergers, Secretary, Federal Energy before a specified comment date for the the Commission’s regulations to: The Regulatory Commission, 888 First particular application, either a Secretary, Federal Energy Regulatory Street, NE, Washington, DC 20426. competing development application or a Commission, 888 First Street, NE., Motions to intervene, protests, and notice of intent to file such an Washington, DC 20426. An additional comments may be filed electronically application. Submission of a timely copy must be sent to Director, Division via the internet in lieu of paper. See, 18 notice of intent to file a development of Hydropower Administration and CFR 385.2001(a)(1)(iii) and the application allows an interested person Compliance, Federal Energy Regulatory instructions on the Commission’s web to file the competing application no Commission, at the above-mentioned site at http://wwww.ferc.fed.us/efi/ later than 120 days after the specified address. A copy of any notice of intent, doorbell.htm. comment date for the particular competing application or motion to Please include the project number (P– application. A competing license intervene must also be served upon each 11895–000) on any comments or application must conform with 18 CFR representative of the Applicant motions filed. 4.30(b) and 4.36. The Commission’s Rules of Practice specified in the particular application. n. Notice of intent—A notice of intent r. Agency Comments—Federal, state, and Procedure require all interveners must specify the exact name, business and local agencies are invited to file filing documents with the Commission address, and telephone number of the comments on the described application. to serve a copy of the document on each prospective applicant, and must include A copy of the application may be person in the official service list for the an unequivocal statement of intent to obtained by agencies directly from the project. Further, if an intervener files submit, if such an application may be Applicant. If any agency does not file comments or documents with the filed, either a preliminary permit comments within the time specified for Commission relating to the merits of an application or a development filing comments, it will be presumed to issue that may affect the responsibilities application (specify which type of have no comments. One copy of an of a particular resource agency, they application). A notice of intent must be agency’s comments must also be sent to must also serve a copy of the document served on the applicant(s) named in this the Applicant’s representatives. on that resource agency. public notice. j. Description of Project: The proposed o. Proposed Scope of Studies under David P. Boergers, project, using the existing Thorpe and Permit—A preliminary permit, if issued, Secretary. Justice Ditch dams, would consist of: (1) does not authorize construction. The [FR Doc. 01–11775 Filed 5–9–01; 8:45 am] A 600-foot-long, 47-inch-diameter steel term of the proposed preliminary permit BILLING CODE 6717–01–M penstock; (2) a concrete powerhouse would be 36 months. The work containing two generating units with a proposed under the preliminary permit total installed capacity of 4.5 megawatts: would include economic analysis, DEPARTMENT OF ENERGY (3) a one-mile-long, 138–kV preparation of preliminary engineering transmission line; and (4) appurtenant plans, and a study of environmental Federal Energy Regulatory facilities. The project would have an impacts. Based on the results of these Commission average annual generation of 22.2 GWh. studies, the Applicant would decide k. A copy of the publication is whether to proceed with the preparation Notice of Application and Applicant available for inspection and of a development application to Prepared Environmental Assessment reproduction at the Commission’s construct and operate the project. Accepted for Filing and Soliciting Public Reference Room, located at 888 p. Comments, Protests, or Motions to Motions To Intervene and Protests Intervene—Anyone may submit First Street, NE, Room 2A, Washington, May 4, 2001. comments, a protest, or a motion to DC 20426, or by calling (202) 208–1371. Take notice that the following intervene in accordance with the The application may be viewed on hydroelectric application and Applicant requirements of Rules of Practice and http://www.ferc.fed.us/online/rims.htm Prepared Environmental Assessment Procedure, 18 CFR 385.210, .211, .214. (call (202) 208–2222 for assistance). A (APEA) has been filed with the In determining the appropriate action to copy is also available for inspection and Commission and is available for public take, the Commission will consider all reproduction at the address in item g inspection: above. protests or other comments filed, but a. Type of Application: Major New l. Preliminary Permit—Anyone only those who file a motion to License (Non-power). desiring to file a competing application intervene in accordance with the b. Project No.: 2852–015. for preliminary permit for a proposed Commission’s Rules may become a c. Date filed: February 27, 2001. project must submit the competing party to the proceeding. Any comments, d. Applicant: New York State Electric application itself, or a notice of intent to protests, or motions to intervene must & Gas Corporation. file such an application, to the be received on or before the specified e. Name of Project: Keuka Project. Commission on or before the specified comment date for the particular f. Location: The project is located on comment date for the particular application. the Waneta and Lamoka Lakes, Keuka
VerDate 11
Lake, and Mud Creek, in Steuben and acre-feet; (3) a 9,30-foot-long power proceeding, in accordance with 18 CFR Schuyler Counties, New York. The canal having an average width of 48 feet 4.34(b) and 385.2010. project would not utilize any federal and an average depth of 3 feet; (4) a twin David P. Boergers, lands or facilities. gated concrete box culvert, know as g. Filed Pursuant to: Federal Power Wayne Gates, measuring 8 feet high by Secretary. Act 16 USC 791(a)–825(r). 6 feet wide; and (5) a 70-foot-long by 16- [FR Doc. 01–11776 Filed 5–9–01; 8:45 am] h. Applicant Contact: Mr. Robert L. foot-high headgate structure. Under the BILLING CODE 6717–01–M Malecki; Manager, Licensing & non-power license, the 3,450-foot-long, Environmental Operations; New York 4-foot-diameter concrete penstock, the DEPARTMENT OF ENERGY State Electric & Gas Corporation; 835-foot-long, 42-inch-diameter steel Corporate Drive, Kirkwood Industrial penstock, and the 2.0-MW generating Federal Energy Regulatory Park; Binghamton, NY 13902, (607) unit would be removed. 762–7763; and Ms. Carol Howland, Commission m. Locations of the application: A Project Environmental Specialist; New Notice of Transfer of Licenses and York State Electric & Gas Corporation; copy of the application is available for Substitution of Relicense Applicant, Corporate Drive, Kirkwood Industrial inspection and reproduction at the and Soliciting Comments, Protests, Park; Binghamton, NY 13902, (607) Commission’s Public Reference Room, and Motions To Intervene 762–8881. located at 888 First Street, NE., Room i. FERC Contact: Any questions on 2A, Washington, DC 20426, or by calling May 4, 2001. this notice should be addressed to (202) 208–1371. The application may be Take notice that the following William Guey-Lee, E-mail address viewed on the web at www.ferc.fed.us. hydroelectric application has been filed william. [email protected], or Call (202) 208–2222 for assistance. A with the Commission and is available telephone (202) 219–2808. copy is also available for inspection and for public inspection: j. Deadline for filing motions to reproduction at the address in item h a. Application Types: (1) Transfer of intervene and protests: July 9, 2001. above. Licenses and (2) Request for All documents (original and eight n. Protests or Motions to Intervene: Substitution of Applicant for New copies) should be filed with: David P. Anyone may submit a protest or a License (in Project No. 2694–002). Boergers, Secretary, Federal Energy motion to intervene in accordance with b. Project Nos: 2601–004, 2602–002, Regulatory Commission, 888 First St. the requirements of the Rules of Practice 2603–009, 2619–006, 2686–024, 2692– NE., Washington, DC 20426. Comments, and Procedures, 18 CFR 385.210, .211, 025, 2694–002, 2694–005, and 2698– protests, and motions to intervene may and .214. In determining the appropriate 025. be filed electronically via the Internet in action to take, the Commission will c. Date Filed: April 17, 2001. lieu of paper. See 18 CFR consider all protests filed, but only d. Applicant: Duke Power, a division 385.2001(a)(1)(iii) and the instructions those who file a motion to intervene in of Duke Energy Corporation, Nantahala on the Commission’s web site at accordance with the Commission’s Area (transferee). http://www.ferc.fed.us/efi/doorbell.htm Rules may become a party to the e. Name and Location of Projects (all The Commission’s Rules of Practice proceeding. Any protests or motions to in North Carolina): The Bryson Project and Procedure require all intervenors intervene must be received on or before No. 2601 is located on the Oconaluftee filing documents with the Commission the specified deadline date for the River in Swain County. The Dillsboro to serve a copy of that document on particular application and APEA. Project No. 2602 is located on the each person whose name appears on the Tuckasegee River in Jackson County. official service list for the project. o. All filings must: (1) Bear in all The Franklin Project No. 2603 is located Further, if an intervenor files comments capital letters the title ‘‘PROTEST,’’ or on the Little Tennessee River in Macon or documents with the Commission ‘‘MOTION TO INTERVENE;’’ (2) set County. The Mission Project No. 2619 is relating to the merits of an issue that forth in the heading the name of the located on the Hiwassee River in Clay may affect the responsibilities of a applicant and the project number of the County. The West Fork Project No. 2686 particular resource agency, the application and APEA to which the is located on the West Fork of the intervenor must also serve a copy of the filing responds; (3) furnish the name, Tuckasegee River in Jackson County. document on that resource agency. address, and telephone number of the The Nantahala Project No. 2692 is k. Status of Environmental Analysis: person submitting the filing; and (4) located on the Nantahala River, Dicks The application is not ready for otherwise comply with the requirements Creek, and White Oak Creek in Clay and environmental analysis at this time. A of 18 CFR 385.2001 through 385.2005. Macon Counties. The Queens Creek subsequent notice will be issued stating Agencies may obtain copies of the Project No. 2694 is located on Queens that the application is ready for application and APEA directly from the Creek in Macon County. The East Fork environmental analysis and will request applicant. Any of these documents must Project No. 2698 is located on the East comments, reply comments, be filed by providing the original and Fork of the Tuckasegee River in Jackson recommendations, terms and the number of copies required by the County. These projects do not occupy conditions, and prescriptions at that Commission’s regulations to: Secretary, federal or tribal lands. time. Federal Energy Regulatory Commission, f. Filed Pursuant to: Federal Power l. Description of Project: The project 888 First Street, NE., Washington, DC Act, 16 U.S.C. 791(a)–825(r). consists of the following: (1) The 20426. An additional copy must be sent g. Applicant Contacts: Mr. Paul Bradford Dam with an overall length of to: Director, Division of Environmental Kinney, Law Department, Duke Power, about 580 feet and crest elevation of and Engineering Review, Office of P.O. Box 1244, Charlotte, NC 28201– 1,099 feet msl, consisting of a concrete Energy Projects, Federal Energy 1244, (704) 373–6609, and Mr. John A. section, earthen embankments, outlet Regulatory Commission, at the above Whittaker, IV, Winston & Strawn, 1400 works, and spillway; (2) Waneta and address. Each filing must be L Street NW, Washington, DC 20005, Lamoka Lakes with surface areas of 781 accompanied by proof of service on all (202) 371–5766. acres and 826 acres at elevation 1,099 persons listed on the service list h. FERC Contact: James Hunter, (202) feet msl, and total storage of 27,200 prepared by the Commission in this 219–2839.
VerDate 11
i. Deadline for filing comments and or viewed on the web at www.ferc.fed.us/ DEPARTMENT OF ENERGY motions: June 11, 2001. online/rims.htm (Call (202) 208–2222 All documents (original and eight for assistance). A copy is also available Federal Energy Regulatory copies) should be filed with: David P. for inspection and reproduction at the Commission Boergers, Secretary, Federal Energy addresses in item g above. Regulatory Commission, 888 First Notice of Transfer of License and Street, NE., Washington, DC 20426. 1. Individuals desiring to be included Soliciting Comments, Motions To Comments, protests, and motions to on the Commission’s mailing list should Intervene, and Protests intervene may be filed electronically via so indicate by writing to the Secretary May 4, 2001. the internet in lieu of paper. See, 18 of the Commission. Take notice that the following CFR 385.2001(a)(1)(iii) and the Comments, Protests, or Motions to hydroelectric application has been filed instructions on the Commission’s web Intervene—Anyone may submit site at http://www.ferc.fed.us/efi/ with the Commission and is available comments, a protest, or a motion to for public inspection: doorbell.htm. intervene in accordance with the Please include the noted project a. Application Type: Transfer of requirements of Rules of Practice and License. numbers on any comments or motions Procedure, 18 CFR 385.210, .211, .214. filed. b. Project No.: 8315–005. In determining the appropriate action to j. Description of Proposal: Nantahala c. Date Filed: April 2, 2001. Power and Light Company (Nantahala), take, the Commission will consider all d. Applicant: International Paper the original licensee of these projects, protests or other commenters filed, but Company (Transferee). has merged into Duke Energy only those who file a motion to e. Name of project: Sartell. Corporation (Duke) and no longer exists. intervene in accordance with the f. Location: On the Mississippi River Duke now seeks after-the-fact approval Commission’s Rules may become a near Sartell, Stearns and Benton of the transfer of the licenses from party to the proceeding. Any comments, Counties, Minnesota. The project does Nanatahala to Duke, as well as a name protests, or motions to intervene must not utilize federal lands. change to Duke Power, a division of be received on or before the specified g. Filed Pursuant to: Federal Power Duke Energy Corporation, Nantahala comment date for the particular Act, 16 U.S.C. 791(a)–825(r). Area. (In response to a notice filed by application. h. Applicant Contact: William J. Duke on May 12, 2000, the Commission Madden, Jr., Winston & Strawn, 1400 L Filing and Service of Responsive Street, N.W., Washington, D.C. 20005– inadvertently issued, on June 28, 2000, Documents—Any filings must bear in an order changing the name of the 3502, (202) 371–5700; Michael all capital letters the title licensee to Nantahala Power and Light, Chapman, Esq., International Paper ‘‘COMMENTS’’, ‘‘PROTEST’’, a division of Duke Energy Corporation. Company, 6400 Poplar Ave., Memphis, See 91 FERC ¶ 62,235, which of course ‘‘MOTION TO INTERVENE’’, as TN 38197, (901) 763–5888. lacked the prerequisite step of applicable, and the Project Number of i. FERC Contact: Regina Saizan, (202) Commission approval for transfer of the the particular application to which the 219–2673. project licenses to Duke.) filing refers. An additional copy must be j. Deadline for filing comments or The transfer application was filed sent to the Director, Division of motions: June 22, 2001. within five years of the expiration of the Hydropower Administration and All documents (original and eight licenses all of these projects. In Compliance, Federal Energy Regulatory copies) should be filed with: David P. Hydroelectric Relicensing Regulations Commission, at the above-mentioned Boergers, Secretary, Federal Energy Under the Federal Power Act (54 Fed. address. A copy of any motion to Regulatory Commission, 888 First Reg. 23,756; FERC Stats. and Regs., intervene must also be served upon each Street, NE., Washignton, DC 20426. Regs. Preambles 1986–1990 30,854 at p. representative of the Applicant Comments, motions to intervene, and 31,437), the Commission declined to specified in the particular application. protests may be filed electronically via the internet in lieu of paper. See, 18 forbid all license transfers during the Agency Comments—Federal, state, last five years of an existing license, and CFR 385.2001(a)(1)(iii) and the and local agencies are invited to file instead indicated that it would instructions on the Commission’s web comments on the described application. scrutinize all such transfer requests to site at http://www.ferc.fed.us/efi/ determine if the transfer’s primary A copy of the application may be doorbell.htm. purpose was to give the transferee an obtained by agencies directly from the Please include the Project Number advantage in relicensing (id. at p. 31438 Applicant. If an agency does not file (8315–005) on any comments or n. 318). comments within the time specified for motions filed. The transfer application also contains filing comments, it will be presumed to k. Description of Transfer: Champion a separate request for the substitution of have no comments. One copy of an International Corporation (Champion/ Duke Power, a division of Duke Energy agency’s comments must also be sent to Transferor), formerly a wholly-owned Corporation, Nantahala Area for the Applicant’s representatives. subsidiary of International Paper Nantahala Power and Light, a division Company (IPC/Transferee), has merged David P. Boergers, of Duke Energy Corporation as the into IPC and no longer exists. IPC seeks applicant in the pending relicensing Secretary. Commission approval to transfer the application, filed on September 27, [FR Doc. 01–11777 Filed 5–9–01; 8:45 am] license for the Sartell Project from 1999, in Project No. 2694–002. BILLING CODE 6717–01–M Champion to IPC. k. Locations of the application: A l. Location of the Application: A copy copy of the application is available for of the application is available for inspection and reproduction at the inspection and reproduction at the Commission’s Public Reference Room, Commission’s Public Reference Room, located at 888 First Street, NE, Room located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling 2A, Washington, DC 20426, or by calling (202) 208–1371. The application may be (202) 208–1371. This filing may be
VerDate 11
viewed on http://www.ferc.fed.us/ of exempt and prohibited off-the-record 7. CP00–6–000, 04–25–01, James J. online/rims.htm (call (202) 208–222 for communications. Slack assistance). A copy is also available for Order No. 607 (64 FR 51222, 8. Project No. 2042, 04–25–01, Frank inspection and reproduction at the September 22, 1999) requires Winchell address in item h above. Commission decisional employees, who 9. Project No. 2042, 04–24–01, Tim m. Individuals desiring to be included make or receive an exempt or a Bachelder on the Commission’s mailing list should prohibited off-the-record David P. Boergers, so indicate by writing to the Secretary communication relevant to the merits of of the Commission. a contested on-the-record proceeding, to Secretary. n. Comments, Protests, or Motions to deliver a copy of the communication, if [FR Doc. 01–11774 Filed 5–9–01; 8:45 am] Intervene: Anyone may submit written, or a summary of the substance BILLING CODE 6717–01–M comments, a protest, or a motion to of any oral communication, to the intervene in accordance with the Secretary. requirements of Rules of Practice and Prohibited communications will be ENVIRONMENTAL PROTECTION Procedure, 18 CFR 385.210, .211, .214. included in a public, non-decisional file AGENCY In determining the appropriate action to associated with, but not part of, the take, the Commission will consider all decisional record of the proceeding. [FRL–6977–1] protests or other comments filed, but Unless the Commission determines that only those who file a motion to the prohibited communication and any Notice of Agency Information intervene in accordance with the responses thereto should become part of Collection Activities for Superfund Commission’s Rules may become a the decisional record, the prohibited off- Cooperative Agreements and State party to the proceeding. Any comments, the-record communication will not be Contracts considered by the Commission in protests, or motions to intervene must AGENCY: Environmental Protection be received on or before the specified reaching its decision. Parties to a Agency. comment date for the particular proceeding may seek the opportunity to ACTION: Notice. application. respond to any facts or contentions o. Filing and Service of Responsive made in a prohibited off-the-record SUMMARY: In compliance with the Documents: Any filings must bear in all communication, and may request that Paperwork Reduction Act (44 U.S.C. capital letters the title ‘‘COMMENTS’’, the Commission place the prohibited 3501 et seq.), this document announces ‘‘RECOMMENDATIONS FOR TERMS communication and responses thereto that U.S. Environmental Protection AND CONDITIONS’’, ‘‘PROTEST’’, or in the decisional record. The Agency is planning to submit the ‘‘MOTION TO INTERVENE’’, as Commission will grant such requests following continuing Information applicable, and the Project Number of only when it determines that fairness so Collection Request (ICR) to the Office of the particular application to which the requires. Any person identified below as Management and Budget (OMB): filing refers. A copy of any motion to having made a prohibited off-the-record Cooperative Agreements and State intervene must also be served upon each communication should serve the Contracts for Superfund Response representative of the Applicant document on all parties listed on the Actions (OMB Control No. 2010–0020; specified in the particular application. official service list for the applicable EPA ICR No. 1487.06) expiring p. Agency Comments: Federal, State, proceeding in accordance with Rule September 30, 2001. Before submitting and local agencies are invited to file 2010, 18 CFR 385.2010. the ICR to OMB for review and comments on the described application. Exempt off-the-record approval, EPA is soliciting comments on A copy of the application may be communications will be included in the specific aspects of the proposed obtained by agencies directly from the decisional record of the proceeding, information collection as described Applicant. If an agency does not file unless the communication was with a below. comments within the time specified for cooperating agency as described by 40 DATES: filing comments, it will be presumed to CFR 1501.6, made under 18 CFR Comments must be submitted on have no comments. One copy of an 385.2201(e)(1)(v). or before July 9, 2001. agency’s comments must also be sent to The following is a list of exempt and ADDRESSES: Send comments to Kirby the Applicant’s representatives. prohibited off-the-record Biggs, Office of Emergency and communications received in the Office Remedial Response, U.S. Environmental David P. Boergers, of the Secretary within the preceding 14 Protection Agency, Mail Code 5204G, Secretary. days. The documents may be viewed on 1200 Pennsylvania Avenue, NW., [FR Doc. 01–11778 Filed 5–9–01; 8:45 am] the Internet at http://www.ferc.fed.us/ Washington, DC 20460, (703) 308–8506, BILLING CODE 6717–01–M online/rims.htm (call 202–208–2222 for e-mail: [email protected] assistance). FOR FURTHER INFORMATION CONTACT: Exempt Kirby Biggs, at the address and DEPARTMENT OF ENERGY telephone number listed above. 1. CP04–49–000, 04–23–01, Bobbye Federal Energy Regulatory Biller SUPPLEMENTARY INFORMATION: Affected Commission 2. Project Nos. 10865 and 11495, 04–23– entities: Entities potentially affected are 01, Steven W. Reneaud those States, Federally recognized Indian tribes, and political subdivisions [Docket No. RM98–1–000] 3. Project No. 18, 04–23–01, Scott Larrando that apply to EPA for financial Regulations Governing Off-the-Record 4. Project No. 2899–000, 04–23–01, assistance under a Superfund Communications; Public Notice Scott Lorrando cooperative agreement or a Superfund 5. CP01–49–000, 04–24–01, Douglas State Contract. May 4, 2001. Sipe Title: Cooperative Agreements and This constitutes notice, in accordance 6. Project No. 1494, 04–25–01, Joanne Superfund Contracts for Superfund with 18 CFR 385.2201(h), of the receipt Mallet-Eakin Response Actions (OMB Control No.
VerDate 11
2010–0020; EPA ICR No. 1487.06) average 11.58 hours per response. The Oxides ( NOX) SIP Call rule could not expiring 09/30/01. current estimated number of annual be required before May 31, 2004. The Abstract: This ICR authorizes the respondents is 361 and the estimated emission levels in the St. Louis collection of information under 40 CFR total annual hour burden is 4,182 hours. attainment demonstration SIP were part 35, subpart O, which establishes The frequency of response is as based on the assumption that transport the administrative requirements for required. Burden means the total time, of ozone precursors into St. Louis from cooperative agreements funded under effort, or financial resources expended upwind states would be addressed by the Comprehensive Environmental by persons to generate, maintain, retain, May 2003 pursuant to EPA’s NOX SIP Response, Compensation, and Liability or disclose or provide information to or Call. Without these regional NOX SIP Act (CERCLA) for State, political for a Federal agency. This includes the Call controls in place in 2003, the Metro subdivisions, and Federally recognized time needed to review instructions; East St. Louis area will not be able to Indian tribal government response develop, acquire, install, and utilize demonstrate attainment as described in actions. This regulation also codifies the technology and systems for the purposes the submitted SIP. For this reason, the administrative requirements for of collecting, validating, and verifying motor vehicle emissions budgets for Superfund State Contracts for non-State information, processing and 2003 can no longer be considered lead remedial responses. This regulation maintaining information, and disclosing adequate and are inadequate. The notice includes only those provisions and providing information; adjust the of the adequacy determination that is mandated by CERCLA, required by existing ways to comply with any being withdrawn was made on June 12, OMB Circulars, or added by EPA to previously applicable instructions and 2000, in a letter to the State and was ensure sound and effective financial requirements; train personnel to be able published in the Federal Register on assistance management. The to respond to a collection of July 3, 2000. information is collected from applicants information; search data sources; DATES: The notice of adequacy is and/or recipients of EPA assistance and complete and review the collection of withdrawn as of May 10, 2001. is used to make awards, pay recipients, information; and transmit or otherwise FOR FURTHER INFORMATION CONTACT: and collect information on how Federal disclose the information. funds are being spent. EPA requires this Send comments regarding these Patricia Morris (312–353–8656) information to meet its Federal matters, or any other aspect of this SUPPLEMENTARY INFORMATION: stewardship responsibilities. Recipient information collection, including Background responses are required to obtain a suggestions for reducing the burden to benefit (federal funds) under 40 CFR the address listed above. On June 12, 2000, EPA Region 5 sent part 31, ‘‘Uniform Administrative a letter to the Illinois Environmental Dated: May 4, 2001. Protection Agency stating that the motor Requirements for Grants and Steve Caldwell, Cooperative Agreements to State and vehicle emissions budgets for NOX and Acting Director, State, Tribal and Site volatile organic compounds (VOCs) in Local Governments’ and under 40 CFR Identification Center, Office of Emergency part 35, ‘‘State and Local Assistance.’’ the November 15, 1999, and and Remedial Response, Office of Solid Waste supplemented on February 10, 2000, An agency may not conduct or sponsor, and Remedial Response. and a person is not required to respond Metro East St. Louis ozone attainment [FR Doc. 01–11833 Filed 5–9–01; 8:45 am] demonstration SIP for 2003 were to, a collection of information unless it BILLING CODE 6560–50–U displays a currently valid OMB control adequate for the purpose of number. The OMB control numbers for transportation conformity. EPA EPA’s regulations are listed in 40 CFR ENVIRONMENTAL PROTECTION published a notice in the Federal part 9 and 48 CFR Chapter 15. AGENCY Register on July 3, 2000, [65 FR 41068] The EPA would like to solicit announcing that we had made an comments to: [IL–202; FRL–6976–9] adequacy determination for the motor vehicle emissions budgets in the Metro (i) Evaluate whether the proposed Adequacy Status of the Metro East St. collection of information is necessary East St. Louis attainment demonstration Louis, IL, Submitted Ozone Attainment SIP. This finding was also announced for the proper performance of the State Implementation Plan for functions of the agency, including on EPA’s conformity website, http:// Transportation Conformity Purposes; www.epa.gov/oms/traq. whether the information will have Notice of Withdrawal of Adequacy practical utility; Transportation conformity is required (ii) Evaluate the accuracy of the AGENCY: Environmental Protection by section 176(c) of the Clean Air Act. agency’s estimate of the burden of the Agency (EPA). EPA’s conformity rule requires that proposed collection of information, ACTION: Notice of withdrawal of transportation plans, programs, and including the validity of the adequacy. projects conform to SIPs and establishes methodology and assumptions used; the criteria and procedures for (iii) Enhance the quality, utility, and SUMMARY: EPA has decided to withdraw determining whether or not they do clarity of the information to be our finding of adequacy and find conform. Conformity to a SIP means that collected; and inadequate the motor vehicle emissions transportation activities will not (iv) Minimize the burden of the budgets in the Metro East St. Louis, produce new air quality violations, collection of information on those who Illinois, ozone attainment worsen existing violations, or delay are to respond, including through the demonstration State Implementation timely attainment of the national use of appropriate automated electronic, Plan (SIP) submitted on November 15, ambient air quality standards. mechanical, or other technological 1999, and supplemented on February EPA described the process for collection techniques or other forms of 10, 2000. We are withdrawing our determining the adequacy of submitted information technology (e.g., permitting adequacy finding due to a recent court SIP budgets in guidance (May 14, 1999, electronic submission of responses). decision. The United States Court of memo titled ‘‘Conformity Guidance on Burden Statement: The current Appeals for the District of Columbia Implementation of March 2, 1999, annual reporting and record keeping Circuit decided on August 30, 2000, that Conformity Court Decision’’). This burden for this collection is estimated to the implementation of the Nitrogen guidance was used in making the
VerDate 11
adequacy determination on the motor 15, 1999 and supplemented on February separate meeting June 6th. The LGAC vehicle emissions budgets contained in 10, 2000. and SCAS will hear comments from the the ozone attainment demonstration for EPA will announce the withdrawal of public between 12:30–12:45 p.m. at St. Louis. The criteria by which EPA the adequacy determination and their joint session on June 7. Each determines whether a SIP’s motor inadequacy finding on its conformity individual or organization wishing to vehicle emission budgets are adequate website, (go to http://www.epa.gov/otaq/ address the combined Committee or for conformity purposes are outlined in traq and then click on ‘‘conformity’’). Subcommittee meetings will be allowed 40 CFR 93.118(e)(4). An adequacy Dated: April 30, 2001. a minimum of three minutes. Please review is separate from EPA’s SIP Jerri-Anne Garl, contact the Designated Federal Officers completeness review, and it also should Acting Regional Administrator, Region 5. (DFO) at the numbers listed below to not be used to prejudge EPA’s ultimate [FR Doc. 01–11836 Filed 5–9–01; 8:45 am] schedule agenda time. Time will be action to approve or disapprove the SIP. allotted on a first come, first served BILLING CODE 6560–50–P The SIP could later be disapproved for basis. reasons unrelated to transportation These are open meetings and all conformity even though the budgets had ENVIRONMENTAL PROTECTION interested persons are invited to attend. been deemed adequate. AGENCY Meeting minutes will be available after EPA believes that a consequence of [FRL–6976–2] the meeting and can be obtained by the D.C. Circuit’s order delaying the written request from the DFO. Members implementation date of the NOX SIP Meeting of the Local Government of the public are requested to call the Call rule is that the budgets submitted Advisory Committee and the Small DFO at the number listed below if by Illinois can no longer be considered Community Advisory Subcommittee planning to attend so that arrangements adequate for purposes of transportation can be made to comfortably conformity and that these budgets are AGENCY: Environmental Protection accommodate attendees as much as now inadequate. This belief is based on Agency (EPA). possible. Seating will be on a first come, the fact that the attainment ACTION: Notice. first served basis. demonstration relied on the expected SUMMARY: The Local Government DATES reductions from the NOX SIP call in : The Small Community Advisory 2003, whereas those reductions can not Advisory Committee (LGAC) and its Subcommittee meeting is scheduled now be assumed prior to 2004. Small Community Advisory from 9:00 a.m. to 5:00 p.m. on On November 8, 2000, EPA sent a Subcommittee (SCAS) will meet jointly Wednesday, June 6th. The Local letter to Illinois advising Illinois of the on June 7–8, 2001, in Washington, D.C. Government Advisory Committee and need to revise the Metro East St. Louis The Committee will hear remarks from Small Community Advisory ozone attainment demonstration and to the EPA Administrator, Governor Subcommittee joint meeting will begin Christine Todd Whitman, and the submit revised budgets. The revised at 9:00 a.m. on Thursday, June 7th and Associate Administrator for the Office of budgets are expected to be based on conclude at 4:00 p.m. on June 8th. Congressional and Intergovernmental controls that will be in place by the year Relations, Edward D. Krenik, on ADDRESSES: The meetings will be held 2004. Thursday, June 7th. The LGAC in Washington, D.C. at the EPA’s Consequently, EPA has decided to Subcommittees will provide updates on Headquarters, located at 1200 withdraw the June 12, 2000, adequacy activities since the last Committee Pennsylvania Avenue, NW—the Ariel determination and is instead finding meeting. Other agenda topics will Rios North Building. The SCAS meeting that the budgets are inadequate. EPA is include Federalism and Environmental on Wednesday will be held in taking this action without prior notice Management Systems. The Committee conference room 3530. The joint LGAC/ and comment because adequacy also will discuss proposed operating SCAS meeting on Thursday and Friday determinations are not considered principles and revisions to its bylaws will be held in the Green Room on the rulemaking subject to the procedural resulting from the merger of the SCAS 3rd floor. requirements of the Administrative with the LGAC. Additional information can be Procedures Act. In addition, EPA does The Issues Subcommittee will discuss obtained by writing the DFOs at 1200 not believe further notice through EPA’s water infrastructure funding, land use Pennsylvania Avenue, NW (1306A), conformity website is necessary in credits under State Implementation Washington, DC 20460. advance because of the delay in the NOX plans, and sustainability. The Process SIP Call implementation date, it is clear Subcommittee will discuss the Agency’s FOR FURTHER INFORMATION CONTACT: The that the budgets can no longer be draft Public Involvement Policy and DFO for the Local Government Advisory considered adequate. Consequently, accountability measures for Federalism Committee (LGAC) is Denise Zabinski further public comment would be implementation. Ney (202) 564–3684 and the DFO for the unnecessary and not in the public The Small Community Advisory Small Community Advisory interest. In this action, EPA is also Subcommittee will meet in a separate Subcommittee (SCAS) is Anne withdrawing all statements and session on Wednesday, June 6th from 9 Randolph (202) 564–3679. comments previously made in relation a.m.–5 p.m. The Subcommittee will Dated: May 1, 2001. to its earlier determination of the update activities since its meeting in Denise Zabinski Ney, adequacy of the budgets for Seattle, Washington, on March 1–2, transportation conformity purposes. The Designated Federal Officer, Local Government 2001. Topics will include Small Advisory Committee. substance of the budgets and any Community Funding, a revisions to them will be further recommendation for Small Community Dated: May 1, 2001. reviewed by EPA as part of its final Advocate, Federalism, TMDL Anne Randolph, decision to on the 1-hour ozone Implementation, Sustainability, and Designated Federal Officer, Small Community attainment demonstration SIP for the St. Enforcement Flexibility. Advisory Subcommittee. Louis nonattainment area. This SIP was The SCAS will hear comments from [FR Doc. 01–11832 Filed 5–9–01; 8:45 am] initially submitted to EPA on November the public from 1:30–1:45 p.m. at its BILLING CODE 6560–50–U
VerDate 11
ENVIRONMENTAL PROTECTION FOSTTA and hearing more about the Dated: April 18, 2001. AGENCY perspectives of the States on EPA Barbara Cunningham, programs and the information exchange Acting Director, Environmental Assistance [OPPTS–00315; FRL–6780–5] regarding important issues related to Division, Office of Pollution Prevention and Forum on State and Tribal Toxics human health and environmental Toxics. Action (FOSTTA); Notice of Public exposure to toxics. Since other entities [FR Doc. 01–11838 Filed 5–9–01; 8:45am] Meeting may also be interested, the Agency has BILLING CODE 6560–50–S not attempted to describe all the specific AGENCY: Environmental Protection entities that may be affected by this Agency (EPA). action. However, in the interest of time ENVIRONMENTAL PROTECTION ACTION: Notice. and efficiency, the meetings are AGENCY structured to provide maximum SUMMARY: One component (The [FRL–6976–3] opportunity for State and EPA Pollution Prevention Project) of the participants to discuss items on the Proposed Agreement Pursuant to Forum on State and Tribal Toxics predetermined agenda. At the discretion Sections 122(g) and (h) of the Action (FOSTTA) will meet May 17–18, of the chair, an effort will be made to Comprehensive Environmental 2001. This notice announces the Response, Compensation, and Liability location, times, and the focus of the accommodate participation by observers Act for the Marina Cliffs/Northwestern meeting. The National Conference of attending the proceedings. If you have Barrel Superfund Site State Legislatures (NCSL) and the any questions regarding the applicability of this action to a Environmental Protection Agency’s AGENCY: Environmental Protection (EPA) Office of Pollution Prevention particular entity, consult the technical Agency (‘‘EPA’’). people listed under FOR FURTHER and Toxics (OPPT) are co-sponsoring ACTION: Notice; request for public INFORMATION CONTACT. the meeting. As part of a cooperative comment on proposed de minimis agreement, NCSL facilitates ongoing II. How Can I Get Additional settlement. efforts of the States and Tribes to Information, Including Copies of this SUMMARY: In accordance with section identify, discuss, and address toxics- Document or Other Related Documents? related issues, and to continue the 122(i)(1) of the Comprehensive dialogue on how Federal environmental 1. Electronically. You may obtain Environmental Response, Compensation programs can best be implemented. electronic copies of this document, and and liability Act of 1984, as amended (‘‘CERCLA’’), notification is hereby DATES: The Pollution Prevention Project certain other related documents that will meet May 17, 2001, from 8 a.m. to might be available electronically, from given of a proposed administrative 5 p.m. and May 18, 2001, from 8 a.m. the NCSL Web site at http:// agreement concerning the Marina Cliffs/ to noon. www.ncsl.org/programs/esnr/fostta/ Northwestern Barrel hazardous waste site located between 5th Avenue and ADDRESSES: The meeting will be held at fostta.htm. To access this document on the EPA Internet Home Page go to http:/ Lake Michigan in South Milwaukee, the Embassy Suites Hotel, 1900 Wisconsin (the ‘‘Site’’). EPA proposes to Diagonal Road, Alexandria, VA, 22314. /www.epa.gov and select ‘‘Laws and Regulations’’ and then look up the entry enter into this agreement under the The hotel is across from the King Street authority of sections 122(g) and (h) and Metro Station. for this document under the ‘‘Federal Register—Environmental Documents’’. 107 of CERCLA. The proposed FOR FURTHER INFORMATION CONTACT: For agreement has been executed by the general information contact: Barbara You can also go directly to the Federal Register listings at http://www.epa.gov/ following de minimis parties: AF Gallun Cunningham, Acting Director, & Sons, LLC; Albert Trostel & Sons fedrgstr/FOSTTA. Environmental Assistance Division, Company; Aldrich Chemical Co. Inc.; Office of Pollution Prevention and 2. Facsimile. Notify the contacts listed Allen-Bradley Co. LLC; Ampco Metals, Toxics (7408), Environmental Protection above if you would like any of the Inc.; A.O. Smith Corporation; Appleton Agency, 1200 Pennsylvania Ave., NW., documents sent to you via fax. Papers Inc., a.k.a. Appleton Papers, Inc., Washington, DC 20460; telephone III. Purpose of Meeting NCR Corporation, Appleton Papers, Inc. number: (202) 260–1761. division of National Cash Register For technical information contact: The focus of the meeting is to discuss Company, Appleton Coated Paper Co.; George Hagevik, National Conference of strategic directions for pollution Appleton Coated Paper Company; State Legislatures, 1560 Broadway, Suite prevention for the Federal EPA program Appleton Papers Division of NCR 700, Denver, CO 80202; telephone and the State P2 programs. Corporation, The National Cash Register number: (303) 839–0273 and Fax: (303) Company, NCR Delaware, Inc., 863–8003; e-mail: IV. How Can I Request To Participate Combined Paper Company, Combined [email protected] or in this Meeting? Locks Paper Company, Combined Paper Darlene Harrod, Environmental Mills, Inc.; AR Accessories Liquidating Assistance Division (7408), OPPT, You may submit a request to Trust as successor to Amity Leather, Ato Environmental Protection Agency, 1200 participate in this meeting by mail or Findley, Inc.; Atofina Chemicals Inc. Pennsylvania Ave., NW., Washington, electronically to the names under the (Elf Atochem North America, Inc.) on DC 20460; telephone number: (202) FOR FURTHER INFORMATION CONTACT behalf of Beazer East, Inc., on behalf of 260–6904 and Fax: (202) 260–2219; e- section. Do not submit any information its former subsidiary Thiem mail: [email protected]. in your request that is considered Corporation; Blackhawk Leather, Ltd. Confidential Business Information. Your SUPPLEMENTARY INFORMATION: and its successor, Blackhawk Leather request must be received by EPA on or LLC; Briggs & Stratton Corporation; I. Does this Action Apply to Me? before May 15, 2001. Bucyrus International, Inc. (f/k/a This action is directed to the public List of Subjects Bucyrus-Erie Company); Carbolineum in general. This action may, however, be Wood Preserving Co.; Case Corporation; of interest to all parties interested in Environmental protection. Caterpillar Inc.; City of Green Bay,
VerDate 11
Wisconsin; City of Manitowoc, Corporation; RHS Holdings, Inc. as DATES: Comments on the proposed Wisconsin; City of Milwaukee, successor to Rexnord, Inc./Chainbelt; agreement must be received by EPA on Wisconsin; City of Sheboygan, RHL Inc. fka Lindsay Finishes, Inc. or before June 11, 2001. Wisconsin; City of West Allis, (Lindsay Paint); Roper Corp.; SBC ADDRESSES: Comments should be Wisconsin; City of West Bend, Holdings, Inc. (f/k/a the Stroh Brewery addressed to the Docket Clerk, U.S. Wisconsin; CMC Heartland Partners; Company); Seidel Tanning Corp.; The Environmental Protection Agency, Colonial Heights Packaging Inc. f/k/a Sherwin-Williams Company; Square D Region 5, 77 West Jackson Boulevard, Milprint, Inc.; Cooper Industries, Inc.; Company; Soo Line Railroad Company; Chicago, Illinois, 60604–3590, and Crucible Materials Corporation by and Stolper Industries (Stolper Steel); Stora should refer to: In the Matter of Marina through its Trent Tube Division; Cudahy Enso North America Corp., successor by Cliffs/Northwestsern Barrel, South Tanning Co.; Deere & Company; Dresser merger to Consolidated Papers, Inc.; Milwaukee, Wisconsin, U.S. EPA Industries, Inc. (Waukesha Engine); E.I. Textron Inc.; Thiele Tanning Company; Docket No. V–W–01C–630. du Pont de Nemours and Company; Union Pacific Railroad Company as FOR FURTHER INFORMATION CONTACT: Eaton Corporation f/k/a Cutler-Hammer, successor to Chicago & North Western; Thomas J. Krueger, U.S. Environmental Inc.); Eggers Industries; Essential Viad Corp (for Armour and Co.); The Protection Agency, Office of Regional Industries Inc.; FMC Corporation on Vollrath Co., L.L.C.; Wenthe-Davidson Counsel, C–14J, 77 West Jackson behalf of Bolens Corporation and Bolens Engineering Co.; West Bend Company; Boulevard, Chicago, Illinois, 60604– Products Divisions; Hamilton W.H. Brady Corporation; Wisconsin 3590, (312) 886–0562. Sundstrand Corporation and The Falk Electric Power Company; and the U.S. A copy of the proposed administrative Corporation; Fort James Corporation, Department of the Army. settlement agreement may be obtained successor to Fort Howard Corporation; in person or by mail from the EPA’s Georgia Gulf Corporation, on behalf of Under the proposed agreement, Region 5 Office of Regional Counsel, 77 itself, Cook Composites & Polymers, and certain of the de minimis Settling West Jackson Boulevard, Chicago, the former Freemen Chemical Co.; Parties will pay a total of approximately Illinois, 60604–3590. Additional Golden Books Publishing Company, Inc. $468,227.30 which will be placed into background information relating to the (formerly known as Western Publishing an escrow account to be used for settlement is available for review at the Company, Inc.); Grede Foundries, Inc.; response costs incurred and to be EPA’s Region 5 Office of Regional Harley-Daivdson Motor Company; incurred at the Site. Other de minimis Counsel. Harnischfeger Corporation; The Heil Settling Parties have already paid Authority: The Comprehensive Co.; Hein-Werner; Henkel Corporation, approximately $5.2 million toward Environmental Response, Compensation, and as successor to Kepec Chemical; cleanup costs at the Site and will be Liability Act, as amended, 42 U.S.C. 9601– Hentzen/Wisconsin Paint; Hercules provided with de minimis protections 9675. Incorporated; Heresite Protective without making further payments. A William E. Muno, Coatings, Inc.; Honeywell International group of six non-de minimis settlors Director, Superfund Division, Region 5. Inc.; Hydrite Chemical Co.; Hydrite under this agreement will perform the [FR Doc. 01–11831 Filed 5–9–01; 8:45 am] Chemical Co. for Benlo Chemical/ remaining removal actions to be Hydrite share; Ingersoll-Rand Co. for conducted at the Site, and pay EPA’s BILLING CODE 6560–50–M Clark Equipment Co.; International costs of overseeing these removal Paper Co. (and Champion International, actions. EPA incurred response costs ENVIRONMENTAL PROTECTION a wholly owned subsidiary of overseeing response activities AGENCY International Paper); Invincible Metal conducted to mitigate an imminent and Furniture Co.; Johnson Controls Battery substantial endangerment to human [FRL–6975–8] Group, Inc. as successor to and on health or the environment present or Petroleum Products Superfund Site behalf of Johnson Controls, Inc.; threatened by hazardous substances Kearney & Trecker; Kickhaefer Notice of Proposed De Minimis present at the Site. The Settling Parties Settlement Manufacturing Company; Kimberly- have spent more than $9.7 million to Clark Corporation and Scott Paper perform cleanup activities at the Site to AGENCY: Environmental Protection Company; Ladish Co., Inc.; Law date. The non-de minimis settlors under Agency. Tanning Co. LLC; Litton Industries, Inc., this proposed agreement are: BASF ACTION: Notice of proposed de minimis on behalf of itself and the Louis Allis Corporation, on behalf of itself and its settlement. company and MagneTek, Inc.; Maysteel predecessors in interest, International Corporation (and its successor, Maysteel Printing Ink, Inmont Corp., and Cook SUMMARY: Under Section 122(g)(4) of the LLC); Midwest Tanning Co.; Miller Paint & Varnish; DaimlerChrysler Corp.; Comprehensive Environmental Brewing Company; Milport Chemical General Motors Corporation; S.C. Response, Compensation and Liability Company; Milwaukee County; MRC Act (CERCLA), the Environmental Johnson & Son, Inc.; Minnesota Mining Holding, Inc. (Northern Paper, Marathon Protection Agency (EPA) has offered a and Manufacturing Company; and PPG Corp.); Navistar International de minimis settlement at the Petroleum Industries, Inc. Transportation Corporation; Nekoosa Products Superfund Site (Site) under an Papers Inc. and Georgia-Pacific For thirty days following the date of Administrative Order on Consent (AOC) Corporation; The Nelson Paint Co. of publication of this notice, the EPA will to settle claims for past and future MI, Inc.; Niles Chemical Paint receive written comments relating to response costs at the Site. Company, Inc.; Nordberg Inc.; Pabst this proposed agreement. EPA will Approximately 77 parties have returned Brewing Co.; Pharmacia & Upjohn consider all comments received and signature pages accepting EPA’s Company (formerly The Upjohn may decide not to enter this proposed settlement offer. EPA will consider Company); The Procter & Gamble Paper agreement if comments disclose facts or public comments on the proposed Products Company; Rapco Leather, Inc.; considerations which indicate that the settlement for thirty days. EPA may Reichhold Chemicals, Inc./J.G. Milligan proposed agreement is inappropriate, withdraw from or modify the proposed & Company; Research Products improper or inadequate. settlement should such comments
VerDate 11
disclose facts or considerations which to establish a baseline for measuring ADDRESSES: Farm Credit indicate the proposed settlement is changes in attitudes and awareness as a Administration, 1501 Farm Credit Drive, inappropriate, improper, or inadequate. result of the public service campaign, McLean, Virginia 22102–5090. Copies of the proposed settlement are and provide data for formative and SUPPLEMENTARY INFORMATION: Parts of available from: Ms. Paula V. Batchelor, qualitative evaluation activities. It will this meeting of the Board will be open U.S. Environmental Protection Agency, assess the public’s exposure to and to the public (limited space available), Region IV, CERCLA Program Services recall of advertising (within a donated and parts of this meeting will be closed Branch, Waste Management Division, 61 media model), and measure change in to the public. In order to increase the Forsyth Street, S.W., Atlanta, Georgia attitudes about drug prevention and accessibility to Board meetings, persons 30303, (404) 562–8887. community anti-drug coalitions. requiring assistance should make Written comment may be submitted to II. Special Issues for Comment arrangements in advance. The matters to Mr. Greg Armstrong at the above be considered at the meeting are: address within 30 days of the date of The agency has particular interest in publication. comments on the following issues: Open Session Dated: May 1, 2001. Whether the proposed collection of 1. Approval of Minutes information is necessary for the proper —April 12, 2001 (Open) James T. Miller, 2. Report Acting Chief, CERCLA Program Services performance of the functions of the agency, including whether the —Report on Corporate Approvals Branch, Waste Management Division. 3. Regulation [FR Doc. 01–11834 Filed 5–9–01; 8:45 am] information will have practical utility; —Eligibility—Direct Final Rule BILLING CODE 6560–50–U the accuracy of the agency’s estimate of the burden of the proposed collection of *Closed Session information; methods to enhance 4. Reports OFFICE OF NATIONAL DRUG quality, utility and clarity of the —OSMO Report CONTROL POLICY information to be collected; and means —Audit of the FCS Building Association to minimize the burden of the collection Dated: May 7, 2001. of information on respondents, Paperwork Reduction Act; Notice of Kelly Mikel Williams, including the use of automated Proposed Information Collection; Secretary, Farm Credit Administration Board. Comment Request collection techniques. [FR Doc. 01–11851 Filed 5–7–01; 4:21 pm] AGENCY: Office of National Drug Control III. Authority and Signature BILLING CODE 6705–01–P Policy (ONDCP). Alan Levitt, Director for the National ACTION: Notice. Youth Anti-Drug Media Campaign, directed the preparation of this notice. FEDERAL COMMUNICATIONS SUMMARY: The ONDCP proposes to The authority for this notice is the COMMISSION collect information to test the Paperwork Reduction Act of 1995 (44 awareness, attitudes and willingness of U.S.C. 3506). Notice of Public Information adults 18 years and older to participate Collection(s) Being Reviewed by the in community anti-drug coalitions, and Signed at Washington, DC on April 30, Federal Communications Commission, seeks public comment on the proposed 2001. Comments Requested collection methods. Alan Levitt, Director, National Youth Anti-Drug Media May 1, 2001. ADDRESSES: Written comments should Campaign. SUMMARY: The Federal Communications be received within sixty days of this Commission, as part of its continuing notice addressed to Terry Zobeck, Chief [FR Doc. 01–11793 Filed 5–9–01; 8:45 am] effort to reduce paperwork burden of the Programs and Research Branch, BILLING CODE 3180–02–P invites the general public and other Executive Office of the President, Office Federal agencies to take this of National Drug Control Policy, opportunity to comment on the Washington, DC 20503. FARM CREDIT ADMINISTRATION following information collection, as FOR FURTHER INFORMATION CONTACT: required by the Paperwork Reduction Terry Zobeck, (202) 395–5503. Sunshine Act Meeting Act of 1995, Public Law 104–13. An SUPPLEMENTARY INFORMATION: agency may not conduct or sponsor a AGENCY: Farm Credit Administration. I. Background collection of information unless it SUMMARY: Notice is hereby given, displays a currently valid control The National Youth Anti-Drug Media pursuant to the Government in the number. No person shall be subject to Campaign is a component within the Sunshine Act (5 U.S.C. 552b(e)(3)), of any penalty for failing to comply with ONDCP that is partnering with the the forthcoming regular meeting of the a collection of information subject to the Advertising Council to create a public Farm Credit Administration Board Paperwork Reduction Act (PRA) that service campaign that will generate (Board). does not display a valid control number. awareness and involvement in local Comments are requested concerning (a) community anti-drug coalitions that DATE AND TIME: The regular meeting of the Board will be held at the offices of whether the proposed collection of mobilize communities to engage in drug information is necessary for the proper prevention measures. To assist the the Farm Credit Administration in McLean, Virginia, on May 10, 2001, performance of the functions of the development of the public service Commission, including whether the campaign, ONDCP proposes to obtain from 9 a.m. until such time as the Board concludes its business. information shall have practical utility; information to sample the awareness, (b) the accuracy of the Commission’s attitudes and willingness of adults 18 FOR FURTHER INFORMATION CONTACT: burden estimate; (c) ways to enhance years of age and older in order to Kelly Mikel Williams, Secretary to the participate in community anti-drug Farm Credit Administration Board, * Session Closed—Exempt pursuant to 5 U.S.C. coalitions. The information will be used (703) 883–4025, TDD (703) 883–4444. 552b(c)(8) and (9).
VerDate 11
the quality, utility, and clarity of the Frequency of Response: On occasion;. federal universal service support information collected; and (d) ways to Needs and Uses: The Commission mechanisms. The modifications adopted minimize the burden of the collection of adopted rules providing support for all entail altering the current revenue information on the respondents, telecommunications services, Internet reporting requirements to which including the use of automated access, and internal connections for all interstate telecommunications carriers collection techniques or other forms of eligible health care providers. Health are subject under 47 U.S.C. Sections information technology. care providers who want to participate 54.709 and 54.711. Carriers continue to DATES: Written comments should be in the universal service program must file FCC Form 499–A annually as they submitted on or before July 9, 2001. If file several forms, including FCC Forms are required to do under the existing you anticipate that you will be 465, 466, 466-A, 467, and 468. FCC methodology. Carriers must now report submitting comments, but find it Form 465, Description of Service their revenues for each quarter on FCC difficult to do so within the period of Requested and Certification is filed by Form 499–Q. Carriers will file one time allowed by this notice, you should rural health care providers to certify annual filing and four quarterly filings, advise the contact listed below as soon their eligibility to receive discounted for a total of five revenue filings per as possible. telecommunications services. FCC Form year. ADDRESSES: Direct all comments to Les 466, Funding Request and Certification Federal Communications Commission. Smith, Federal Communications Form is used to ensure that health care Magalie Roman Salas, providers have selected the most cost- Commissions, 445 12th Street, SW., Secretary. effective method of providing the Room 1–A804, Washington, DC 20554 [FR Doc. 01–11765 Filed 5–9–01; 8:45 am] or via the Internet to [email protected]. requested services. FCC Form 466-A is BILLING CODE 6712–01–P FOR FURTHER INFORMATION CONTACT: For filed by rural health care providers additional information or copies of the seeking support only for toll changes to access the Internet. FCC Form 467, information collections contact Les FEDERAL COMMUNICATIONS Connection Certification is filed by rural Smith at (202) 418–0217 or via the COMMISSION Internet at [email protected]. health care providers to inform the Administrator that they have begun to SUPPLEMENTARY INFORMATION: Notice of Public Information OMB Control No.: 3060–0824. receive, or have stopped receiving, the Collection(s) Being Reviewed by the Title: Service Provider Information telecommunications services for which Federal Communications Commission Form. universal service support has been for Extension Under Delegated Form No.: N/A. allocated. FCC Form 468, Authority, Comments Requested Type of Review: Extension. Telecommunications Carrier Form, is Respondents: Business or Other for submitted by rural health care providers May 1, 2001. Profit. to ensure that the telecommunications SUMMARY: The Federal Communications Number of Respondents: 10,000. carrier receives the appropriate amount Commission, as part of its continuing Estimated Time Per Response: 1 hour of credit for providing effort to reduce paperwork burden per response (avg). telecommunications services to eligible invites the general public and other Total Annual Burden: 10,000 hours. health care providers. Federal agencies to take this Estimated Annual Reporting and OMB Control No.: 3060–0855. opportunity to comment on the Recordkeeping Cost Burden: $0. Title: Telecommunications Reporting following information collection(s), as Frequency of Response: On occasion. required by the Paperwork Reduction Needs and Uses: Pursuant to 47 CFR Worksheet and Associated Requirements, CC Docket No. 96–45. Act of 1995, Public Law 104–13. An sections 54.515 and 54.611, the agency may not conduct or sponsor a Administrator must obtain information Form No.: FCC Forms 499, 499–A and 499–Q. collection of information unless it relating to: service provider name and displays a currently valid control address, telephone number, Federal Type of Review: Extension. Respondents: Business or Other for number. No person shall be subject to employee identification number, contact any penalty for failing to comply with names and telephone numbers, and Profit. Number of Respondents: 5000. a collection of information subject to the billing and collection information. FCC Paperwork Reduction Act (PRA) that Form 498 has been designed to collect Estimated Time Per Response: 16.49 hours per response (avg). does not display a valid control number. this information from carriers and Comments are requested concerning (a) service providers participating in the Total Annual Burden: 82,487 hours. Estimated Annual Reporting and whether the proposed collection of universal service program. The information is necessary for the proper information will be used in the Recordkeeping Cost Burden: $0. Frequency of Response: On occasion; performance of the functions of the reimbursement of universal service Commission, including whether the support payments. Monthly; Annually; Third Party Disclosure; Recordkeeping. information shall have practical utility; OMB Control No.: 3060–0804. Needs and Uses: Pursuant to the (b) the accuracy of the Commission’s Title: Universal Service—Health Care Communications Act of 1934, as burden estimate; (c) ways to enhance Providers Universal Service Program. the quality, utility, and clarity of the Form No.: FCC Forms 465, 466, 466- amended, telecommunications carriers (and certain other providers of information collected; and (d) ways to A, 467 and 468. minimize the burden of the collection of Type of Review: Extension. telecommunications services) must information on the respondents, Respondents: Not for profit contribute to the support and cost including the use of automated institutions; Business or Other for Profit. recovery mechanisms for Number of Respondents: 5255. telecommunications relay services, collection techniques or other forms of Estimated Time Per Response: 1.85 numbering administration, number information technology. hours per response (avg). portability, and universal service. The DATES: Written comments should be Total Annual Burden: 9755 hours. Commission recently modified the submitted on or before July 9, 2001. If Estimated Annual Reporting and existing methodology used to assess you anticipate that you will be Recordkeeping Cost Burden: $0. contributions that carriers make to the submitting comments, but find it
VerDate 11
difficult to do so within the period of provisions of the Cable Communications third parties if it makes that information time allowed by this notice, you should Policy Act of 1984 pertaining to video available to its section 272(a) affiliates. advise the contact listed below as soon programming by telephone common In CC Docket No. 96–149, the as possible. carriers. The information received in Commission adopted safeguards to ADDRESS: Direct all comments to Les applications from dominant carriers is govern BOCs entry into certain new Smith, Federal Communications used to determine if the facilities are markets. BOCs are required to provide, Commissions, Room 1A–804, 445 needed. The information received from among other things, unaffiliated entities Twelfth Street, SW., Washington, DC non-dominant carriers is used to with all listing information, including 20554 or via the Internet to monitor the growth of the networks and unlisted and unpublished numbers as [email protected]. the availability of common carrier well as the numbers of other local services. exchange carriers’ customers, that the FOR FURTHER INFORMATION CONTACT: For BOC uses to provide E9II services. In a additional information or copies of the OMB Control No.: 3060–0814. Further Notice of Proposed Rulemaking information collections contact Les Title: Section 54.301, Local Switching issued in CC Docket No. 96–149, the Smith at (202) 418–0217 or via the Support and Local Switching Support Commission proposed that BOCs make Internet at [email protected]. Data Collection Form and Instructions. Form No.: N/A. certain information disclosures SUPPLEMENTARY INFORMATION: Type of Review: Extension. available to unaffiliated entities and that OMB Control No.: 3060–0166. Respondents: Business or Other for the BOCs submit an annual affidavit. Title: Part 42—Preservation of Profit. Records of Communication Common Federal Communications Commission. Number of Respondents: 192. Carriers. Magalie Roman Salas, Form No.: N/A. Estimated Time Per Response: 21.55 Secretary. hours per response (avg). Type of Review: Extension. [FR Doc. 01–11766 Filed 5–9–01; 8:45 am] Total Annual Burden: 4138 hours. Respondents: Business or Other for BILLING CODE 6712–01–P Profit. Estimated Annual Reporting and Number of Respondents: 68. Recordkeeping Cost Burden: $0. Estimated Time Per Response: 2 hours Frequency of Response: On occasion; FEDERAL COMMUNICATIONS per response (avg). Annually. COMMISSION Total Annual Burden: 136 hours. Needs and Uses: Pursuant to 47 CFR Estimated Annual Reporting and Section 54.301, each incumbent local Public Information Collections Recordkeeping Cost Burden: $0. exchange carrier that is not a member of Approved by Office of Management Frequency of Response: On occasion; the NECA common line tariff, that has and Budget Recordkeeping. been designated an eligible Needs and Uses: Section 220 of the telecommunications carriers, and that May 1, 2001. Communications Act of 1934, as serves a study area with 50,000 or fewer The Federal Communications amended, makes it unlawful for carriers access lines shall, for each study area, Commission (FCC) has received Office to willfully destroy information retained provide the Administrator with the of Management and Budget (OMB) for the Commission. 47 U.S.C. part 42 projected total unseparated dollar approval for the following public prescribes guidelines to ensure that amount assigned to each account in information collections pursuant to the carriers maintain the necessary records section 54.301(b). Average schedule Paperwork Reduction Act of 1995, needed by the FCC for its regulatory companies are required to file Public Law 104–13. An agency may not obligations. The requirements are information pursuant to 47 CFR Section conduct or sponsor and a person is not necessary to ensure the availability of 54.301(f). Both respondents must required to respond to a collection of carrier records needed by Commission provide true-up data. The data is information unless it displays a staff for regulatory purposes. necessary to calculate certain revenue currently valid control number. For OMB Control No.: 3060–0149. requirement. further information contact Shoko B. Title: Application and Supplemental OMB Control No.: 3060–0736. Hair, Federal Communications Information Requirements—Part 63, Title: Implementation of the Non- Commission, (202) 418–1379. Section 214, and Sections 63.01–63.601. Accounting Safeguards of Section 271 Federal Communications Commission Form No.: N/A. and 272 of the Communications Act of Type of Review: Extension. 1934, as amended, CC Docket No. 96– OMB Control No.: 3060–0807. Respondents: Business or Other for 149. Expiration Date: April 30, 2004. Profit. Form No.: N/A. Title: 47 CFR 51.803 and Number of Respondents: 255. Type of Review: Extension. Supplemental Procedures for Petitions Estimated Time Per Response: 10 Respondents: Business or Other for to Section 252(e)(5) of the hours per response (avg). Profit. Communications Act of 1934, as Total Annual Burden: 2550 hours. Number of Respondents: 5. amended. Estimated Annual Reporting and Estimated Time Per Response: 60.6 Form No.: N/A. Recordkeeping Cost Burden: $0. hours per response (avg). Respondents: Business or other for- Frequency of Response: On occasion; Total Annual Burden: 303 hours. profit. Third Party Disclosure. Estimated Annual Reporting and Estimated Annual Burden: 52 Needs and Uses: Section 214 of the Recordkeeping Cost Burden: $0. respondents; 39.2 hours per response Communications Act of 1934, as Frequency of Response: On occasion; (avg.); 2040 total annual burden hours amended, requires that the FCC review Monthly; Annually; Third Party (for all collections approved under this the establishment, lease, operations, and Disclosure. control number). extension of channels of Needs and Uses: Section 272 of the Estimated Annual Reporting and communications by interstate common Telecommunications Act of 1996 Recordkeeping Cost Burden: $0. carriers. 47 CFR part 63 implements requires that Bell Operating Companies Frequency of Response: On occasion; section 214. Part 63 also implements (BOCs) make information available to Third Party Disclosure.
VerDate 11
Description: Pursuant to 47 U.S.C. after the time for filing oppositions have PERSON TO CONTACT FOR INFORMATION: section 252 and 47 CFR 51.803 any expired. Mr. Ron Harris, Press Officer, interested party seeking preemption of a Subject: Federal-State Joint Board on Telephone: (202) 694–1220. state commission’s jurisdiction based on Universal Service (CC Docket No. 96– Mary W. Dove, the state commission’s failure to act 45). Secretary of the Commission. shall notify the Commission as follows: Number of Petitions Filed: 1. (1) file with the Secretary of the [FR Doc. 01–11878 Filed 5–8–01; 11:01 am] Commission a detailed petition, Subject: BILLING CODE 6715–01–M supported by an affidavit, that states Carriage of Digital Television Broadcast with specificity the basis for any claim Stations (CS Docket No. 98–120) that it has failed to act; and (2) serve the Amendments to Part 76 of the FEDERAL RESERVE SYSTEM state commission and other parties to Commission’s Rules Agency Information Collection the proceeding on the same day that the Implementation of the Satellite Home party serves the petition on the Activities: Proposed Collection; Viewer Improvement Act of 1999: Comment Request Commission. Within 15 days of the Local Broadcast Signal Carriage Issues filing of the petition, the state (CS Docket No. 00–96) AGENCY: Board of Governors of the commission and parties to the Application of Network Non- Federal Reserve System, Federal proceeding may file a response to the Duplication, Syndicated Exclusively Reserve System. petition. In a Public Notice (DA 97– and Sports Blackout Rules to Satellite Background 2256), the Commission set out Retransmission of Broadcast Signals procedures for filing petitions for (CS Docket No. 00–2) On June 15, 1984, the Office of preemption pursuant to 47 U.S.C. Management and Budget (OMB) section 252(e)(5). All of the Number of Petitions Filed: 10. delegated to the Board of Governors of requirements are used to ensure that Federal Communications Commission. the Federal Reserve System (Board) its petitions have complied with their Magalie Roman Salas, approval authority under the Paperwork obligations under the Communications Secretary. Reduction Act, as per 5 CFR 1320.16, to approve of and assign OMB control Act of 1934, as amended. Obligation to [FR Doc. 01–11844 Filed 5–9–01; 8:45 am] respond: Required to obtain or retain numbers to collection of information BILLING CODE 6712–01–M benefits. Public reporting burden for the requests and requirements conducted or collection of information is as noted sponsored by the Board under above. Send comments regarding the conditions set forth in 5 CFR 1320 Appendix A.1. Board-approved burden estimate or any other aspect of FEDERAL ELECTION COMMISSION the collections of information, including collections of information are suggestions for reducing the burden to Sunshine Act Meeting incorporated into the official OMB Performance Evaluation and Records inventory of currently approved Management, Washington, DC 20554. AGENCY: Federal Election Commission. collections of information. Copies of the OMB 83–Is and supporting statements Federal Communications Commission. DATE & TIME: Tuesday, May 15, 2001 at and approved collection of information 10:00 a.m. Magalie Roman Salas, instruments are placed into OMB’s Secretary. PLACE: 999 Street, NW., Washington, public docket files. The Federal Reserve [FR Doc. 01–11764 Filed 5–9–01; 8:45 am] DC. may not conduct or sponsor, and the BILLING CODE 6712–01–P STATUS: This meeting will be closed to respondent is not required to respond the public. to, an information collection that has been extended, revised, or implemented FEDERAL COMMUNICATIONS ITEMS TO BE DISCUSSED: on or after October 1, 1995, unless it COMMISSION Compliance matters pursuant to 2 displays a currently valid OMB control [Report No. 2481] U.S.C. § 437g number. Audits conducted pursuant to 2 U.S.C. Request for Comment on Information Petitions for Reconsideration and § 437g, § 438(b), and Title 26, U.S.C. Collection Proposal Clarification of Action in Rulemaking Matters concerning participation in civil The following information collection, Proceedings actions or proceedings or arbitration which is being handled under this May 3, 2001. Internal personnel rules and procedures delegated authority, has received initial Petitions for Reconsideration and or matters affecting a particular Board approval and is hereby published Clarification have been filed in the employee for comment. At the end of the comment Commission’s rulemaking proceedings * * * * * period, the proposed information listed in this Public Notice and DATE & TIME: Thursday, May 17, 2001 at collection, along with an analysis of published pursuant to 47 CFR section 10:00 a.m. comments and recommendations 1.429(e). The full text of these received, will be submitted to the Board PLACE: documents are available for viewing and 999 E Street, N.W., Washington, for final approval under OMB delegated copying in Room CY–A257, 445 12th DC. (Ninth Floor) authority. Comments are invited on the Street, S.W., Washington, D.C. or may STATUS: This meeting will be open to the following: be purchased from the Commission’s public. a. whether the proposed collection of copy contractor, ITS, Inc. (202) 857– ITEMS TO BE DISCUSSED: information is necessary for the proper 3800. Oppositions to these petitions performance of the Federal Reserve’s must be filed by May 25, 2001. See Correction and Approval of Minutes functions; including whether the section 1.4(b)(1) of the Commission’s Final Audit Report on the California information has practical utility; rules (r7 CFR 1.4(b)(1)). Replies to an State Republican Party b. the accuracy of the Federal opposition must be filed within10 days Administration Matters Reserve’s estimate of the burden of the
VerDate 11
proposed information collection, Proposal To Approve Under OMB The FR Y–12 would serve as an including the validity of the Delegated Authority the important risk-monitoring device for methodology and assumptions used; Implementation of the Following institutions active in this business line c. ways to enhance the quality, utility, Report by allowing supervisory staff to monitor an institution’s activity between review and clarity of the information to be Report title: the Consolidated Bank dates. It also could serve as an ‘‘early collected; and Holding Company Report of Equity Investments in Nonfinancial warning’’ mechanism to identify d. ways to minimize the burden of institutions whose activities in this area Companies. information collection on respondents, Agency form number: FR Y–12. are growing rapidly and that, therefore, including through the use of automated Frequency: Quarterly and semi- may warrant special supervisory collection techniques or other forms of annually. attention. On January 31, 2001, the Board and information technology. Reporters: Bank holding companies. the Treasury Department published a Annual reporting hours: 14,112 hours. DATES: Comments must be submitted on final rule in the Federal Register on Estimated average hours per response: or before July 9, 2001. merchant banking investments made by 16 hours. financial holding companies (66 FR ADDRESSES: Comments, which should Number of respondents: 232. 8466). In Section 225.175 of this final refer to the OMB control number or Small businesses are affected. rule, the two agencies stated that agency form number, should be General description of report: This reporting forms to fulfill the quarterly addressed to Jennifer J. Johnson, information collection is mandatory (12 and annual reporting requirements Secretary, Board of Governors of the U.S.C. 1844(c)) and data may be exempt associated with this rule would be Federal Reserve System, 20th and C from disclosure pursuant to sections published separately. Institutions will (b)(4) and (b)(8) of the Freedom of Streets, NW., Washington, DC 20551, or not be held responsible for these Information Act (5 U.S.C. 552(b)(4) and mailed electronically to reporting requirements until the (8)). [email protected]. reporting forms are finalized. This Current Actions: The Federal Reserve Comments addressed to Ms. Johnson proposal covers the quarterly reporting may be delivered to the Board’s proposes to implement the mandatory requirements; the reporting forms for mailroom between 8:45 a.m. and 5:15 FR Y–12. The FR Y–12 would collect the annual reporting requirements will p.m., and to the security control room information from certain domestic bank be addressed in a separate proposal later outside of those hours. Both the holding companies on their investments this year. The annual report would mailroom and the security control room in nonfinancial companies on three obtain information on merchant banking are accessible from the courtyard schedules: Type of Investments, Type of investments that have been held for an Security, and Type of Entity within the entrance on 20th Street between extended period of time. Banking Organization. Large bank Constitution Avenue and C Street, N.W. The Federal Reserve would also like holding companies would report on a Comments received may be inspected in to solicit public comment on the burden quarterly basis, and small bank holding room M–P–500 between 9 a.m. and 5 of collecting a memorandum item on companies would report semi-annually. consolidated recognized gains or losses p.m., except as provided in section BHC investments in nonfinancial 261.14 of the Board’s Rules Regarding on equity investments in nonfinancial companies have increased significantly companies. This item is being Availability of Information, 12 CFR over the past several years. These 261.14(a). considered for purposes of determining investments have contributed what portion of a BHC’s consolidated A copy of the comments may also be significantly to earnings and capital at net income is derived from equity submitted to the OMB desk officer for institutions actively involved in this investment activities. the Board: Alexander T. Hunt, Office of business line. Equity investments also have contributed to the volatility of Board of Governors of the Federal Reserve Information and Regulatory Affairs, System, May 4, 2001. Office of Management and Budget, New earnings and capital in recent periods and have increased some institutions’ Jennifer J. Johnson, Executive Office Building, Room 3208, Secretary of the Board. Washington, DC 20503. risk profiles. The GLB Act permits financial holding companies to make [FR Doc. 01–11749 Filed 5–9–01; 8:45 am] FOR FURTHER INFORMATION CONTACT: A investments in any amount in any type BILLING CODE 6210–01–P copy of the proposed form and of nonfinancial company as part of a instructions, the Paperwork Reduction securities underwriting or merchant or Act Submission (OMB 83–I), supporting investment banking activity. The DEPARTMENT OF HEALTH AND statement, and other documents that investments permissible under the GLB HUMAN SERVICES will be placed into OMB’s public docket Act’s merchant banking authority are files once approved may be requested substantially broader in scope than the Office of the Secretary from the agency clearance officer, whose investment activities otherwise Agency Information Collection name appears below. permissible for BHCs. Thus, these Activities; Proposed Collections; investments present the potential for Mary M. West, Federal Reserve Board Comment Request additional volatility and risk in banking Clearance Officer (202–452–3829), organizations’ portfolios. The Department of Health and Human Division of Research and Statistics, The FR Y–12 would provide valuable Services, Office of the Secretary will Board of Governors of the Federal supervisory information that would periodically publish summaries of Reserve System, Washington, DC 20551. permit examiners and other supervisory proposed information collections Telecommunications Device for the Deaf staff to monitor the on-going growth and projects and solicit public comments in (TDD) users may contact Capria contribution to profitability of this compliance with the requirements of Mitchell (202) 872–4984, Board of increasingly active business line. For Section 3506(c)(2)(A) of the Paperwork Governors of the Federal Reserve institutions active in this business line, Reduction Act of 1995. To request more System, Washington, DC 20551. annual reviews generally are conducted. information on the project or to obtain
VerDate 11
a copy of the information collection clarity of the information to be practices underway in the field of Child plans and instruments, call the OS collected; and (d) ways to minimize the Protective Services (CPS). Specifically, Reports Clearance Officer on (202) 690– burden of the collection of information State officials will be interviewed to 6207. on respondents, including through the obtain an updated picture of current Comments are invited on: (a) Whether use of automated collection techniques policy; local CPS agencies serving a the proposed collection of information or other forms of information stratified random sample of 150 is necessary for the proper performance technology. counties will be surveyed and; on-site of the functions of the agency, including Proposed Projects 1. National Study of visits will be conducted at 9–12 local whether the information shall have Child Protective Services Systems and CPS agencies that are implementing practical utility; (b) the accuracy of the Reform Efforts—NEW—The Office of innovative practices in their delivery of agency’s estimate of the burden of the the Assistant Secretary for Planning and services. For burden estimates see table. proposed collection of information; (c) Evaluation is proposing to conduct a ways to enhance the quality, utility and study which will document the evolving
Number of Hours per Instrument respondents Responses response Total hours
State—CPS Directors ...... 51 1 2 102 State—Hotline ...... 25 1 1 25 Local Survey—Administration ...... 150 1 .5 75 Local Survey—Intake ...... 150 1 1 150 Local Survey—Investigation ...... 225 1 1 225 Local Survey—Other CPS Resp ...... 100 1 1 100 Local Survey—New Directions ...... 150 1 1 150 Local Survey—Additional ...... 40 1 1 40 Site Visit—Director Interview ...... 12 1 1 12 Site Visit—Reform Managers ...... 16 1 2 32 Site Visit—Worker Focus Group ...... 60 1 2 120 Site Visit—External Managers ...... 40 1 2 80 Site Visit—Manager Focus Group ...... 96 1 2 192
Total ...... 1,115 ...... 1,303
Send comments to Cynthia Agens Through Medical Informatics’’, issued Contact Person: Anyone wishing to Bauer, OS Reports Clearance Officer, on January 31, 2001. The contract will obtain information regarding this Room 503H, Humphrey Building, 200 constitute AHRQ’s participation in the meeting should contact Eduardo Ortiz, Independence Avenue SW., Small Business Innovation Research Center for Primary Care Research, Washington, DC 20201. Written program. Agency for Healthcare Research and comments should be received within 60 The upcoming TRC meeting will be Quality, 6010 Executive Blvd., Suite days of this notice. closed to the public in accordance with 201, Rockville, Maryland 20852, 301– Dated: May 3, 2001. the Federal Advisory Committee Act 594–6236. Kerry Weems, (FACA), section 10(d) of 5 U.S.C., Dated: May 1, 2001. Acting Deputy Assistant Secretary, Budget. Appendix 2, implementing regulations, John M. Eisenberg, [FR Doc. 01–11731 Filed 5–9–01; 8:45 am] and procurement regulations, 41 CFR Director. 101–6.1023 and 48 CFR section BILLING CODE 4154–05–M [FR Doc. 01–11741 Filed 5–9–01; 8:45 am] 315.604(d). This discussions at this BILLING CODE 4160–90–M meeting of contract proposals submitted DEPARTMENT OF HEALTH AND in response to the above-referenced RFP HUMAN SERVICES are likely to reveal proprietary DEPARTMENT OF HEALTH AND information and personal information HUMAN SERVICES Agency For Healthcare Research and concerning individuals associated with Quality the proposals. Such information is Centers for Disease Control and exempt from disclosure under the Prevention Contract Review Meeting above-cited FACA provision that [60Day–01–37] protects the free exchange of candid In accordance with section 10(a) of views, and under the procurement rules Proposed Data Collections Submitted the Federal Advisory Committee Act as that prevent undue interference with for Public Comment and amended (5 U.S.C., Appendix 2), Committee and Department operations. Recommendations announcement is made of an Agency for Name of TRC: The Agency for Healthcare Research and Quality In compliance with the requirement Healthcare Research and Quality— (AHRQ) Technical Review Committee of Section 3506(c)(2)(A) of the ‘‘Developing Tools to Enhance Quality (TRC) meeting. This TRC’s charge is to Paperwork Reduction Act of 1995 for and Patient Safety Through Medical provide review of contract proposals opportunity for public comment on Informatics’’. and recommendations to the Director, proposed data collection projects, the AHRQ, with respect to the technical Date: May 21 & 22, 2001 (Closed to Centers for Disease Control and merit of proposals submitted in the public). Prevention (CDC) will publish periodic response to a Request for Proposals Place: Sheraton Four Points Hotel, summaries of proposed projects. To (RFPs) regarding ‘‘Developing Tools to 8400 Wisconsin Avenue, Ambassador I request more information on the Enhance Quality and Patient Safety Room, Bethesda, MD 20814. proposed projects or to obtain a copy of
VerDate 11
the data collection plans and periodically since 1970 by the National NHANES can be compared to those instruments, call the CDC Reports Center for Health Statistics, CDC. The from previous surveys to monitor Clearance Officer on (404) 639–7090. current cycle of NHANES began in changes in the health of the U.S. Comments are invited on: (a) Whether February 1999 and will now be population. NHANES will also establish the proposed collection of information conducted on a continuous, rather than a national probability sample of genetic is necessary for the proper performance periodic, basis. About 5,000 persons material for future genetic research for of the functions of the agency, including will be examined annually. They will susceptibility to disease. whether the information shall have receive an interview and a physical Users of NHANES data include practical utility; (b) the accuracy of the examination. Participation in the survey Congress; the World Health agency’s estimate of the burden of the is completely voluntary and Organization; Federal agencies such as proposed collection of information; (c) confidential. NIH, EPA, and USDA; private groups ways to enhance the quality, utility, and NHANES programs produce such as the American Heart Association; clarity of the information to be schools of public health; private collected; and (d) ways to minimize the descriptive statistics which measure the health and nutrition status of the businesses; individual practitioners; and burden of the collection of information administrators. NHANES data are used on respondents, including through the general population. Through the use of questionnaires, physical examinations, to establish, monitor, and evaluate use of automated collection techniques recommended dietary allowances, food or other forms of information and laboratory tests, NHANES studies fortification policies, programs to limit technology. Send comments to Anne the relationship between diet, nutrition environmental exposures, immunization O’Connor, CDC Assistant Reports and health in a representative sample of guidelines and health education and Clearance Officer, 1600 Clifton Road, the United States. NHANES monitors disease prevention programs. The MS–D24, Atlanta, GA 30333. Written the prevalence of chronic conditions current submission requests approval comments should be received within 60 and risk factors related to health such as through November 2004. days of this notice. coronary heart disease, arthritis, osteoporosis, pulmonary and infectious The survey description, contents, and Proposed Project diseases, diabetes, high blood pressure, uses are the same as those in the The National Health and Nutrition high cholesterol, obesity, smoking, drug previous Federal Register notice for this Examination Survey (NHANES)— and alcohol use, environmental survey which was published on March Revision—OMB No. 0920–0237 exposures, and diet. NHANES data are 27, 2000 (Volume 65, Number 59). National Center for Health Statistics used to establish the norms for the There is no net cost to respondents (NCHS), Centers for Disease Control and general population against which health other than their time. Respondents are Prevention (CDC). The National Health care providers can compare such patient reimbursed for any out-of-pocket costs and Nutrition Examination Survey characteristics as height, weight, and such as transportation to and from the (NHANES) has been conducted nutrient levels in the blood. Data from examination center.
Number of Number of Avg. burden Burden category respondents responses/ per response Total burden per year respondent (in hours) (in 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 ...... 40,494
Dated: May 4, 2001. DEPARTMENT OF HEALTH AND summaries of proposed projects. To Nancy Cheal, HUMAN SERVICES request more information on the Acting Associate Director for Policy, Planning proposed projects or to obtain a copy of and Evaluation Centers for Disease Control Centers for Disease Control and the data collection plans and and Prevention. Prevention instruments, call the CDC Reports [FR Doc. 01–11814 Filed 5–9–01; 8:45 am] Clearance Officer on (404) 639–7090. [60 Day–01–36] BILLING CODE 4163–18–P Comments are invited on: (a) Whether Proposed Data Collections Submitted the proposed collection of information for Public Comment and is necessary for the proper performance Recommendations of the functions of the agency, including whether the information shall have In compliance with the requirement practical utility; (b) the accuracy of the of Section 3506(c)(2)(A) of the agency’s estimate of the burden of the Paperwork Reduction Act of 1995 for proposed collection of information; (c) opportunity for public comment on ways to enhance the quality, utility, and proposed data collection projects, the clarity of the information to be Centers for Disease Control and collected; and (d) ways to minimize the Prevention (CDC) will publish periodic burden of the collection of information
VerDate 11
on respondents, including through the mechanism with standardized program assessment. The module on use of automated collection techniques questionnaires and quality control Medicaid and SCHIP will be featured or other forms of information measures which allow comparability of prominently in a report to Congress on technology. Send comments to Anne estimates between states, over time, and insuring children. The module on O’Connor, CDC Assistant Reports with national data. SLAITS is designed children with special health care needs Clearance Officer, 1600 Clifton Road, to allow oversampling of population (CSHCN) will be used by federal and MS–D24, Atlanta, GA 30333. Written subdomains and to meet federal, state state Maternal and Child Health Bureau comments should be received within 60 and local needs for subnational Directors in evaluating programs and days of this notice. estimates which are compatible with service needs. The American Academy national data. of Pediatrics is using the module on Proposed Project For some SLAITS modules, The State and Local Area Integrated questionnaire content was drawn from early childhood health to advise Telephone Survey (SLAITS)— existing surveys including the National pediatricians on patient care standards Revision—OMB No. 0920–0406 Health Interview Survey (NHIS), the and informing parents about the health National Center for Health Statistics National Health and Nutrition and well-being of young children. (NCHS), Centers for Disease Control and Examination Survey (NHANES), the Funding for SLAITS is obtained Prevention (CDC). This is a request to Current Population Survey (CPS), the through a variety of mechanisms continue for three years the integrated Survey of Income and Program including Foundation grants, State and coordinated survey system designed Participation (SIPP), the National collaborations, and federal to collect needed health and welfare Household Education Survey, and the appropriation and evaluation monies. related data at the state and local levels. National Survey of America’s Families. The level of implementation depends on Using the random-digit-dial sampling Other questionnaire modules were the amount of funding received and can frame from the ongoing National developed specifically for SLAITS be expanded as funding permits. Immunization Survey (NIS) and during the pilot study phase and during Questionnaire modules will be Computer Assisted Telephone the past three years. The existing compiled to address the data needs of Interviewing (CATI), the State and Local modules include General Health, Child Area Integrated Telephone Survey Well-Being and Welfare, Children with interest to the federal, state or local (SLAITS) has quickly collected and Special Health Care Needs, Asthma funding agency or organization. Possible produced data to monitor health status, Prevalence and Treatment, Knowledge topics include but are not limited to child and family well-being, health care of Medicaid and the State Children’s disability, children’s health, violence utilization, access to care, program Health Insurance Program (SCHIP), against women, health behaviors, participation, chronic conditions, and Survey of Early Childhood Health, and unintentional injuries, program changes in health care coverage at the HIV/STD Related Risk Behavior. participation, health care coverage, or state and local levels. These efforts are Over the past three years, SLAITS has any of the topics previously studied. conducted in cooperation with federal, provided policy analysts, program The burden table below is annualized. state, and local officials. SLAITS offers planners, and researchers with high There is no cost to respondents other a centrally administered data collection quality data for decision making and than their time.
Average Number of Number of burden/ Total burden Respondents respondents responses/ response in in hours respondent hours
Noninstitutionalized household population in 50 States and D.C...... 204,000 1 0.30 61,200 Pretest modules ...... 1,800 1 0.30 600
Total Burden ...... 205,800 ...... 61,800
Dated: May 4, 2001. DEPARTMENT OF HEALTH AND SUMMARY: The Administration on Nancy Cheal, HUMAN SERVICES Developmental Disabilities, Acting Associate Director for Policy, Planning Administration for Children and and Evaluation Centers for Disease Control Administration for Children and Families, announces that applications and Prevention. Families are being accepted for funding of Fiscal [FR Doc. 01–11815 Filed 5–9–01; 8:45 am] Year 2001 Projects of National [Program Announcement No. 93631–01–02] Significance. BILLING CODE 4163–18–P This program announcement consists Developmental Disabilities: Final of five parts. Part I, the Introduction, Notice of Availability of Financial discusses the goals and objectives of Assistance and Request for ACF and ADD. Part II provides the Applications To Support necessary background information on Demonstration Projects Under the ADD for applicants. Part III describes Projects of National Significance the review process. Part IV describes the Program priority under which ADD requests AGENCY: Administration on applications for Fiscal Year 2001 Developmental Disabilities (ADD), ACF, funding of projects. Part V describes in DHHS. detail how to prepare and submit an ACTION: Invitation to apply for financial application. Grants will be awarded under this assistance. program announcement subject to the
VerDate 11
availability of funds for support of these Extension of Deadlines: ACF may • Partnerships with individuals, activities. extend the deadline for all applicants front-line service providers, DATES: The closing date for submittal of because of acts of God such as floods communities, States and Congress that applications under this announcement and hurricanes, etc., widespread enable solutions which transcend is July 9, 2001. Mailed or hand-carried disruption of the mails or when it is traditional agency boundaries; applications received after 4:30 p.m. on anticipated that many of the • Services planned and integrated to the closing date will be classified as applications will come from rural or improve client access; late. remote areas. However, if ACF does not • A strong commitment to working Deadline: Mailed applications shall be extend the deadline for all applicants, it with Native Americans, persons with considered as meeting an announced may not waive or extend the deadline developmental disabilities, refugees and deadline if they are received on or for any applicants. migrants to address their needs, before the deadline time and date at the ADDRESSES: Application materials are strengths and abilities; and U.S. Department of Health and Human available from Debbie Powell, 370 • A community-based approach that Services, ACF/Administration on L’Enfant Promenade, SW., Rm. 300F, recognizes and expands on the Developmental Disabilities, 370 Washington, DC 20447, 202/690–5911, resources and benefits of diversity. L’Enfant Promenade SW., Mail Stop http://www.acf.dhhs.gov/programs/ Emphasis on these goals and progress 326–HHH, Washington, DC 20447, add; or [email protected]. toward them will help more Attention: Lois Hodge. FOR FURTHER INFORMATION CONTACT: individuals, including people with Acceptable proof of timely mailing is Administration for Children and developmental disabilities, to live required. A postmark from a commercial Families (ACF), Debbie Powell, 370 productive and independent lives mail service must include the logo/ L’Enfant Promenade, SW., Rm. 300F, integrated into their communities. The emblem of the commercial mail service Washington, DC 20447, 202/690–5911; Projects of National Significance company and must reflect the date the or [email protected]. Program is one means through which package was received by the commercial Notice of Intent to Submit ADD promotes the achievement of these mail service company from the Application: If you intend to submit an goals. applicant. Private Metered postmarks application, please send a post card B. Purpose of the Administration on shall not be acceptable as proof of with the number and title of this Developmental Disabilities timely mailing. announcement, the Area of Emphasis Applications hand-carried by The Administration on you wish to apply under, your applicants, applicant couriers, other Developmental Disabilities (ADD) is the organization’s name and address, and representatives of the applicant, or by lead agency within ACF and DHHS your contact person’s name, phone and overnight/express mail couriers shall be responsible for planning and fax numbers, and e-mail address to: considered as meeting an announced administering programs which promote Administration on Developmental deadline if they are received on or the self-sufficiency and protect the Disabilities, 370 L’Enfant Promenade before the deadline date, between the rights of persons with developmental SW, Washington, DC 20447, Attn: hours of 8 a.m. and 4:30 p.m., EST, at disabilities. Projects of National Significance. The Developmental Disabilities the U.S. Department of Health and This information will be used to Assistance and Bill of Rights Act of Human Services, ACF/Office of Grants determine the number of expert 2000 (42 U.S.C. 6000, et seq.) (The Act) Management, 370 L’Enfant Promenade reviewers needed and to update the supports and provides assistance to SW, ACF Mail Center, 2nd Floor (near mailing list to whom program States and public and private nonprofit loading dock), Aerospace Center, 901 D announcements are sent. Street, SW, Washington, DC 20024, agencies and organizations to assure SUPPLEMENTARY INFORMATION: between Monday and Friday (excluding that individuals with developmental Federal holidays). This address must Part I. General Information disabilities and their families participate appear on the envelope/package in the design of and have access to containing the application with the note A. Goals of the Administration on culturally competent services, supports, ‘‘Attention: Lois Hodge’’. Applicants Developmental Disabilities and other assistance and opportunities using express/overnight services should The Administration on that promote independence, allow two working days prior to the Developmental Disabilities (ADD) is productivity, integration and inclusion deadline date for receipt of applications. located within the Administration for into the community. (Applicants are cautioned that express/ Children and Families (ACF), In the Act, Congress expressly found overnight mail services do not always Department of Health and Human that: deliver as agreed.) Any applications Services (DHHS). Although different • Disability is a natural part of the received after 4:30 p.m. on the deadline from the other ACF program human experience that does not date will not be considered for administrations in the specific diminish the right of individuals with competition. populations it serves, ADD shares a developmental disabilities to enjoy the ACF cannot accommodate common set of goals that promote the opportunity for independence, transmission of applications by fax or economic and social well being of productivity, integration and inclusion through other electronic media. families, children, individuals and into the community; Therefore, applications transmitted to communities. Through national • Individuals whose disabilities occur ACF electronically will not be accepted leadership, ACF and ADD envision: during their developmental period regardless of date or time of submission • Families and individuals frequently have severe disabilities that and time of receipt. empowered to increase their own are likely to continue indefinitely; Late Applications: Applications economic independence and • Individuals with developmental which do not meet the criteria above are productivity; disabilities often require lifelong considered late applications. ACF shall • Strong, healthy, supportive specialized services and assistance, notify each late applicant that its communities having a positive impact provided in a coordinated and application will not be considered in on the quality of life and the culturally competent manner by many the current competition. development of children; agencies, professionals, advocates,
VerDate 11
community representatives, and others 2000, 42 U.S.C. 15000, et seq. The sectors of the Developmental to eliminate barriers and to meet the Projects of National Significance is Part Disabilities field to attain and share needs of such individuals and their E of the Developmental Disabilities information. families; Assistance and Bill of Rights Act of Part III. The Review Process The Act further established as the 2000, 42 U.S.C. 15081, et seq. policy of the United States: A. Eligible Applicants • Individuals with developmental Part II. Background Information for Before applications under this disabilities, including those with the Applicants Announcement are reviewed, each will most severe developmental disabilities, A. Description of Projects of National be screened to determine that the are capable of achieving independence, Significance applicant is eligible for funding as productivity, integration and inclusion Under Part E of the Act, grants and specified under the selected Area of into the community, and often require contracts are awarded for projects of Emphasis. Applications from the provision of services, supports and national significance that support the organizations which do not meet the other assistance to achieve such; development of national and State • Individuals with developmental eligibility requirements for the Priority policy to enhance the independence, disabilities have competencies, Area will not be considered or reviewed productivity, and integration and capabilities and personal goals that in the competition, and the applicant inclusion of individuals with should be recognized, supported, and will be so informed. developmental disabilities through: Only public or non-profit private encouraged, and any assistance to such • Data collection and analysis; entities, not individuals, are eligible to individuals should be provided in an • Technical assistance to enhance the apply under any of the Areas of individualized manner, consistent with quality of State developmental Emphasis. All applications developed the unique strengths, resources, disabilities councils, protection and jointly by more than one agency or priorities, concerns, abilities, and advocacy systems, and university organization must identify only one capabilities of the individual; affiliated programs; and • Individuals with developmental organization as the lead organization • Other projects of sufficient size and and official applicant. The other disabilities and their families are the scope that hold promise to expand or primary decision makers regarding the participating agencies and organizations improve opportunities for people with can be included as co-participants, sub- services and supports such individuals developmental disabilities, including: and their families receive; and play grantees or subcontractors. —Technical assistance for the decision making roles in policies and Nonprofit organizations must submit development of information and programs that affect the lives of such proof of nonprofit status in their referral systems; individuals and their families; and applications at the time of submission. —Educating policy makers; • It is in the nation’s interest for One means of accomplishing this is by —Federal interagency initiatives; providing a copy of the applicant’s people with developmental disabilities —The enhancement of participation of to be employed, and to live listing in the Internal Revenue Service’s minority and ethnic groups in public most recent list of tax-exempt conventional and independent lives as a and private sector initiatives in part of families and communities. organizations described in section developmental disabilities; and 501(c)(3) of the IRS code or by providing Toward these ends, ADD seeks: to —Transition of youth with enhance the capabilities of families in a copy of the currently valid IRS tax developmental disabilities from exemption certificate, or by providing a assisting people with developmental school to adult life. disabilities to achieve their maximum copy of the articles of incorporation potential; to support the increasing The purpose of the Projects of bearing the seal of the State in which ability of people with developmental National Significance program is not the corporation or association is disabilities to exercise greater choice only to provide technical assistance to domiciled. and self-determination; to engage in the Developmental Disabilities ADD cannot fund a nonprofit leadership activities in their Councils, the Protection and Advocacy applicant without acceptable proof of its communities; as well as to ensure the Systems, and the University Centers for nonprofit status. protection of their legal and human Excellence, but also to support projects ‘‘that hold promise to expand or B. Review Process and Funding rights. Decisions The four programs funded under the improve opportunities for people with Act are: developmental disabilities.’’ Timely applications under this • Federal assistance to State Representing only 4% of ADD’s federal Announcement from eligible applicants Developmental Disabilities Councils; dollars, PNS funds have initiated received by the deadline date will be • State system for the protection and cutting edge projects, such as the reviewed and scored competitively. advocacy of individuals rights; ‘‘Reinventing Quality: Promising Experts in the field, generally persons • Grants to the National Network of Practices in Person-Centered from outside of the Federal government, University Centers for Excellence in Community Services and quality will use the appropriate evaluation Developmental Disabilities Education, Assurance for People with Development criteria listed later in this Part to review Research, and Service for Disabilities’’ that are at the forefront of and score the applications. The results interdisciplinary training, exemplary the developmental disabilities field of this review are a primary factor in services, technical assistance, research challenging traditional thinking and making funding decisions. and information dissemination; and practices. The Area of Emphasis which ADD reserves the option of discussing • Grants for Projects of National are directly related to ADD’s outcomes applications with, or referring them to, Significance. contained in its ‘‘Roadmap to the other Federal or non-Federal funding Future,’’ our plan for implementing sources when this is determined to be C. Statutory Authorities Covered Under GPRA, is intended to increase in the best interest of the Federal This Announcement community support and promote self- government or the applicant. It may also The Developmental Disabilities determination, and encourage solicit comments from ADD Regional Assistance and Bill of Rights Act of interaction, and collaboration among all Office staff, other Federal agencies,
VerDate 11
interested foundations, national value following each criterion heading contribution, either cash or in-kind organizations, specialists, experts, States indicates the maximum numerical match, required. and the general public. These weight that each section may be given • Anticipated Number of Projects To comments, along with those of the in the review process. Be Funded: This section specifies the expert reviewers, will be considered by number of projects ADD anticipates D. Structure of Areas of Emphasis ADD in making funding decisions. funding under the Priority Area. In making decisions on awards, ADD Descriptions • CFDA: This section identifies the will consider whether applications The Area of Emphasis description is Catalog of Federal Domestic Assistance focus on or feature: Services to composed of the following sections: (CFDA) number and title of the program culturally diverse or ethnic populations • Eligible Applicants: This section under which applications in this among others; a substantially innovative specifies the type of organization Priority Area will be funded. This strategy with the potential to improve eligible to apply under the particular information is needed to complete item theory or practice in the field of human area of emphasis. Specific restrictions 10 on the SF 424. services; a model practice or set of are also noted, where applicable. Please note that applications under procedures that holds the potential for • Purpose: This section presents the this Announcement that do not comply replication by organizations basic focus and/or broad goal(s) of the with the specific Priority Area administering or delivering of human area of emphasis. requirements in the section on ‘‘Eligible services; substantial involvement of • Background Information: This Applicants’’ will not be reviewed. volunteers; substantial involvement section briefly discusses the legislative Applicants under this Announcement (either financial or programmatic) of the background as well as the current state- must clearly identify the specific area of private sector; a favorable balance of-the-art and/or current state-of- emphasis under which they wish to between Federal and non-Federal funds practice that supports the need for the have their applications considered, and available for the proposed project; the particular area of emphasis activity. tailor their applications accordingly. potential for high benefit for low Relevant information on projects Experience has shown that an Federal investment; a programmatic previously funded by ACF and/or other application which is broader and more focus on those most in need; and/or State models are noted, where general in concept than outlined in the substantial involvement in the proposed applicable. area of emphasis description is less project by national or community • Evaluation Criteria: This section likely to score as well as an application foundations. presents the basic set of issues that must more clearly focused on, and directly This year, 5 points will be awarded in be addressed in the application. responsive to, the concerns of that scoring for any project that includes Typically, they relate to need for specific area of emphasis. partnership and collaboration with the assistance, results expected, project 140 Empowerment Zones/Enterprise E. Available Funds design, and organizational and staff Communities. A discussion of how the ADD intends to award new grants capabilities. Inclusion and discussion of involvement of the EZ/EC is related to resulting from this announcement these items is important since the the objectives and/or the activities of the during the fourth quarter of fiscal year information provided will be used by project must be clearly outlined for the 2001, subject to the availability of the reviewers in evaluating the award of the 5 points. Also, a letter from funding. The Priority Area description application against the evaluation the appropriate representatives of the includes information on the maximum criteria. Applicants should review the EZ/EC must accompany the application Federal share of the project costs and section on the Uniform Project indicating its agreement to participate the anticipated number of projects to be Description and the evaluation section and describing its role in the project. funded. under the priority area. To the greatest extent possible, efforts • The term ‘‘budget period’’ refers to the will be made to ensure that funding Minimum Requirements for Project interval of time (usually 12 months) into decisions reflect an equitable Design: This section presents the basic which a multi-year period of assistance distribution of assistance among the set of issues that must be addressed in (project period) is divided for budgetary States and geographical regions of the the application. Typically, they relate to and funding purposes. The term country, rural and urban areas, and project design, evaluation, and ‘‘project period’’ refers to the total time ethnic populations. In making these community involvement. This section a project is approved for support, decisions, ADD may also take into also asks for specific information on the including any extensions. account the need to avoid unnecessary proposed project. Inclusion and Where appropriate, applicants may duplication of effort. discussion of these items is important propose shorter project periods than the since they will be used by the reviewers maximums specified in the various C. Evaluation Process to evaluate the applications against the areas of emphasis. Non-Federal share Using the evaluation criteria below, a evaluation criteria. Project products, contributions may exceed the panel of at least three reviewers continuation of the project after Federal minimums specified in the various areas (primarily experts from outside the support ceases, and dissemination/ of emphasis. Federal government) will review the utilization activities, if appropriate, are For multi-year projects, continued applications. To facilitate this review, also addressed. Federal funding beyond the first budget applicants should ensure that they • Project Duration: This section period, but within the approved project address each minimum requirement in specifies the maximum allowable length period, is subject to the availability of the Priority Area description under the of the project period; it refers to the funds, satisfactory progress of the appropriate section of the Program amount of time for which Federal grantee and a determination that Narrative Statement. funding is available. continued funding would be in the best Reviewers will determine the • Federal Share of Project Costs: This interest of the Government. strengths and weaknesses of each section specifies the maximum amount application in terms of the evaluation of Federal support for the project. F. Grantee Share of Project Costs criteria listed below, provide comments, • Matching Requirement: This section Grantees must match $1 for every $3 and assign numerical scores. The point specifies the minimum non-Federal requested in Federal funding to reach
VerDate 11
25% of the total approved cost of the demonstrated and the principal and from CPAs/Licensed Public project. The total approved cost of the subordinate objectives of the project Accountants, Employer Identification project is the sum of the ACF share and must be clearly stated; supporting Numbers, names of bond carriers, the non-Federal share. The non-Federal documentation, such as letters of contact persons and telephone numbers, share may be met by cash or in-kind support and testimonies from concerned child care licenses and other contributions, although applicants are interests other than the applicant, may documentation of professional encouraged to meet their match be included. Any relevant data based on accreditation, information on requirements through cash planning studies should be included or compliance with Federal/State/local contributions. Therefore, a project referred to in the endnotes/footnotes. government standards, documentation requesting $100,000 in Federal funds Incorporate demographic data and of experience in the program area, and (based on an award of $100,000 per participant/beneficiary information, as other pertinent information. Any non- budget period) must include a match of needed. In developing the project profit organization submitting an at least $33,333 (total project cost is description, the applicant may application must submit proof of its $133,333, of which $33,333 is 25%). volunteer or be requested to provide non-profit status in its application at the An exception to the grantee cost- information on the total range of time of submission. The non-profit sharing requirement relates to projects currently being conducted and agency can accomplish this by applications originating from American supported (or to be initiated) some of providing a copy of the applicant’s Samoa, Guam, the Virgin Islands, and which may be outside the scope of the listing in the Internal Revenue Service’s the Commonwealth of the Northern program announcement. (IRS) most recent list of tax-exempt Mariana Islands. Applications from 3. Results or Benefits Expected: organizations described in section these areas are covered under section Identify the results and benefits to be 501(c)(3) of the IRS code, or by 501(d) of Pub. L. 95–134, which requires derived. For example, when applying providing a copy of the currently valid that the Department waive ‘‘any for a grant to establish a neighborhood IRS tax exemption certificate, or by requirement for local matching funds for child care center, describe who will providing a copy of the articles of grants under $200,000.’’ occupy the facility, who will use the incorporation bearing the seal of the The applicant contribution must facility, how the facility will be used, State in which the corporation or generally be secured from non-Federal and how the facility will benefit the association is domiciled. sources. Except as provided by Federal community which it will serve. statute, a cost-sharing or matching 4. Approach: Outline a plan of action Part IV. Fiscal Year 2001 Areas of requirement may not be met by costs which describes the scope and detail of Emphasis for Projects of National borne by another Federal grant. how the proposed work will be Significance—Description and However, funds from some Federal accomplished. Account for all functions Requirements programs benefiting Tribes and Native or activities identified in the The following section presents the American organizations have been used application. Cites factors which might Priority Areas for Fiscal Year 2001 to provide valid sources of matching accelerate or decelerate the work, and Projects of National Significance (PNS) funds. If this is the case for a Tribe or state your reason for taking the and solicits the appropriate Native American organization proposed approach rather than others. applications. submitting an application to ADD, that Describe any unusual features of the organization should identify the project such as design or technological Fiscal Year 2001 Priority Area 1: Rapid programs which will be providing the innovations, reductions in cost or time, Deployment of Good Ideas funds for the match in its application. or extraordinary social and community • Eligible Applicants: State agencies, If the application successfully competes involvement. Provide quantitative public or private nonprofit for PNS grant funds, ADD will monthly or quarterly projections of the organizations, institutions or agencies, determine whether there is statutory accomplishments to be achieved for including a consortia of some or all of authority for this use of the funds. The each function or activity in such terms the above. Administration for Native Americans as the number of people to be served • Purpose: ADD is interested in and the DHHS Office of General Counsel and the number of microloans made. awarding grant funds for new projects will assist ADD in making this When accomplishments cannot be models in the field of developmental determination. quantified by activity or function, list disabilities in the following Areas of them in chronological order to show the Emphasis: G. General Instructions for the Uniform schedule of accomplishments and their Project Description 1. Quality assurance activities, target dates. 2. Education and early intervention The following ACF Uniform Project Identify the kinds of data to be activities, Description (UPD) has been approved collected, maintained, and/or 3. Child care-related activities, under OMB Control Number 0970–0139. disseminated. Note that clearance from 4. Health-related activities, Applicants are required to submit a full the U.S.Office of Management and 5. Employment-related activities, project description and must prepare Budget might be needed prior to a 6. Housing-related activities, the project description statement in ‘‘collection of information’’ that is 7. Transportation-related activities accordance with the following ‘‘conducted or sponsored’’ by ACF. List and instructions. organizations, cooperating entities, 8. Recreation-related activities. 1. Project summary/abstract: Provide consultants, or other key individuals These eight Areas of Emphasis were a summary of the project description (a who will work on the project along with identified by ADD together with the page or less) with reference to the a short description of the nature of their programs it funds, as the framework for funding request. effort or contribution. implementing diverse strategies and 2. Objectives and Need for Assistance: 5. Organization Profile: Provide activities, and achieving outcomes Clearly identify the physical, economic, information on the applicant necessary to move closer to the social, financial, institutional and/or organization(s) and cooperating partners principles of independence, other problem(s) requiring a solution. such as organizational charts, financial productivity, integration, and inclusion The need for assistance must be statements, audit reports or statements for people with developmental
VerDate 11
disabilities. ADD is interested in those we serve and those who serve accessible format and in languages other projects which will transfer information them. Projects must be outcome than English. and knowledge through the utilization driven—demonstrating effectiveness • Describe and develop methods/ of creative and innovative methods of and behavioral changes of the targeted plans to be used to continue the transfer implementation, replication and population. They must: of knowledge and information once the dissemination. These projects must • Be culturally competent. project period ends. demonstrate proven success by • Demonstrate strong collaborations • Develop and implement an increasing the independence, through partnerships and coalitions. evaluation process to ensure that productivity, integration and inclusion • Be community-based and include systematic and objective information is of people with developmental consumers and their families as key available about the utilization and disabilities and their families in participants where appropriate. effectiveness of the products from this communities in which they live. The content area must focus on a project. • Background Information: single Area of Emphasis. ADD is • Specific outcomes tied to the ADD The ADD’s ‘‘Roadmap to the Future,’’ interested in applications to promote ‘‘Roadmap to the Future’’ to increase the which was developed together with the projects with proven, positive results- independence, productivity, integration programs it funds, establishes a course based practices, methodologies or and inclusion of individuals with of action for ADD and for its programs. processes in the field of developmental developmental disabilities must be built The Roadmap defines the mission and disabilities or a directly related field into the project for dissemination to a vision of ADD, of the State such as universal design. The model to board audience. Developmental Disabilities Councils be promoted can be as expansive as • Describe measurable outcomes. (DDCs), of the Protection and Advocacy systems change or a new paradigm, or As a general guide, ADD will expect Systems (P&As), of the National as targeted as a new training to fund only those proposals for projects Network of University Centers for curriculum. These new models should that incorporate the following elements: Excellence in Developmental consider creative partnering in • Consumer/self-advocate orientation Disabilities in Education, Research and implementing the project. and participation. Service (UCEs), and of the Projects of In the last century we were the • Key project personnel who have National Significance (PNS). It identifies beneficiaries of extraordinary human direct life experience with living with a goals created to increase the developments that would have been disability. independence, productivity, and considered inconceivable by many; this • Strong advisory components that integration and inclusion of people with progress has raised our expectations for consist of a majority of individuals with developmental disabilities and their this new century. This is no less true for disabilities and a structure where families. Program activities will be people with developmental disabilities individuals with disabilities make real directed toward achieving the Roadmap and their families who, in this age of the decisions that determine the outcome of goals through advocacy, capacity Internet, the PC, and satellite the grant. building, and systemic change activities downlinks, expect there will be new • Research reflecting the principles of in the eight Areas of Emphasis. models available to everyone who needs participatory action. The Projects of National Significance them. ADD views this Priority Area as • Cultural competency. (PNS) Program is one of the activities of an unprecedented opportunity to take • A description of how individuals ADD. Every year since 1975 there have what we have learned through federally with disabilities and their families will been model demonstration projects funded projects and find enterprising, be involved in all aspects of the design, funded to increase the independence, inventive, and imaginative ways implementation, and evaluation of the productivity, and integration and promoting the use of the knowledge so project. inclusion of people with developmental that all will benefit—people with • Attention to unserved and disabilities. These projects have developmental disabilities and other inadequately served individuals, from generated inventive approaches, disabilities, professionals who serve multicultural backgrounds, rural and strategies, and methodologies designed them, their families, and the inner-city areas, migrant, homeless, and to address pervasive problems or needs communities in which they live, in all refugee families, with disabilities. of individuals with developmental segments of our American society. • Compliance with the Americans disabilities and their families. Over the • Minimum Requirements for Project with Disabilities Act and Section 504 of years, PNS projects have contributed to Design: ADD is particularly interested in the Rehabilitation Act of 1973 as the knowledge base of the supporting projects which include the amended by the Rehabilitation Act developmental disabilities field and the following: amendments of 1992 (Pub.L. 102–569). larger disability field as well. In the past • Partnerships between consumers/ • Collaboration through partnerships decade, the leadership capacity of advocacy organizations, research and coalitions. individuals with developmental foundations, public/private entities and • Development of the capacity to disabilities, especially self-advocates, others to coordinate, implement and communicate and disseminate has been nourished and strengthened by disseminate information and transfer of information and technical assistance the funding of PNS projects. knowledge to a broad audience to through e-mail and other effective, New design models of transferring include consumers and their families affordable, and accessible forms of knowledge and fostering utilization and entities that serve them. electronic communication. must be explored if we are to meet the • Project design must address barriers • Development and establishment of needs of Americans with disabilities and issues of access to the mechanism(s) practices and programs beyond project and their families. ADD is extremely used to transfer knowledge and period. interested in supporting this transfer of information, for persons using various • Dissemination of models, products, knowledge and information from new assistive devices and equipment. best practices, and strategies for models under this Priority Area. • All projects shall provide for the distribution between the networks and These models must surpass our widespread distribution of their beyond. A plan describing initial standard methods of communicating products (reports, summary documents, activities is needed between funded best practices and practical solutions to audio-visual materials, etc.) in projects as well as at the end of the
VerDate 11
project period. These activities should description of how the applicant Part V. Instructions for the maintain and share ongoing organization (or the unit within the Development and Submission of information, existing resources of organization that will have Applications consultants/experts, and curriculum/ responsibility for the project) is This Part contains information and materials with funded projects and organized, the types and quantity of instructions for submitting applications within the network. services it provides, and/or the research in response to this announcement. An Evaluation Criteria: The four criteria and management capabilities it application package containing forms that follow will be used to review and possesses. It may include description of can be obtained by any of the following evaluate each application under the any current or previous relevant methods: Debbie Powell, ADD, 370 specific area of emphasis. Each criterion experience, or describe the competence L’Enfant Promenade SW., Washington, should be addressed in the project of the project team and its demonstrated DC 20447, 202/690–5911; http:// description section of the application. ability to produce a final product that is www.acf.dhhs.gov/programs/add; or The point values indicate the maximum readily comprehensible and usable. An [email protected]. numerical weight each criterion will be Potential applicants should read this accorded in the review process. The organization chart showing the relationship of the project to the current section carefully in conjunction with specific information to be included the information contained within the organization must be included. under each of these headings is specific area of emphasis under which described in Section G of Part III, • Project Duration: This the application is to be submitted. The General Instructions for the Uniform announcement is soliciting applications Area’s of Emphasis descriptions are in Project Description. Additional for project periods up to three years Part IV. information that must be addressed is under this Priority Area. Awards, on a A. Required Notification of the State described below. competitive basis, will be for a one-year Single Point of Contact (SPOC) Criterion 1: Objectives and Need for budget period, although project periods All applications under the ADD Assistance (20 points) may be for three years. Applications for continuation grants funded under this Priority Area are required to follow the The application must identify the Priority Area beyond the one-year Executive Order (E.O.) 12372 process, precise location of the project and area budget period, but within the three-year ‘‘Intergovernmental Review of Federal to be served by the proposed project. Programs,’’ and 45 CFR part 100, Maps and other graphic aids must be project period, will be entertained in subsequent years on a non-competitive ‘‘Intergovernmental Review of attached. Department of Health and Human basis, subject to the availability of Services Program and Activities.’’ Under Criterion 2: Results or Benefits Expected funds, satisfactory progress of the (20 points) the Order, States may design their own grantee, and determination that processes for reviewing and The extent to which they are continued funding would be in the best commenting on proposed Federal consistent with the objectives of the interest of the Government. assistance under covered programs. application, and the extent to which the • Federal Share of Project Costs: The Note: State/Territory participation in the application indicates the anticipated maximum Federal share is not to exceed intergovernmental review process does not contributions to policy, practice, theory $100,000 for the first 12-month budget signify applicant eligibility for financial and/or research. The extent to which the period or a maximum of $300,000 for a assistance under a program. A potential proposed project costs is reasonable in applicant must meet the eligibility three-year project period. view of the expected results. requirements of the program for which it is • Matching Requirement: Grantees applying prior to submitting an application Criterion 3: Approach (35 points) must match $1 for every $3 requested in to its SPOC, if applicable, or to ACF. Discuss the criteria to be used to Federal funding to reach 25% of the As of November 20, 1998, all States evaluate the results, and explain the total approved cost of the project. The and territories, except Alabama, Alaska, methodology that will be used to total approved cost of the project is the American Somoa, Colorado, determine if the needs identified and sum of the ACF share and the non- Connecticut, Hawaii, Idaho, Kansas, discussed are being met and if the Federal share. The non-Federal share Louisiana, Massachusetts, Minnesota, results and benefits identified are being may be met by cash or in-kind Montana, Nebraska, New Jersey, Ohio, achieved. contributions, although applicants are Oklahoma, Oregon, Palau, encouraged to meet their match Pennsylvania, South Dakota, Tennessee, Criterion 4: Organization Profile (25 Vermont, Virginia, and Washington requirements through cash points) have elected to participate in the contributions. Therefore, a project The application identifies the Executive Order process and have background of the project director/ requesting $100,000 in Federal funds established a State Single Point of principal investigator and key project (based on an award of $100,000 per Contact (SPOC). Applicants from these staff (including name, address, training, budget period) must include a match of jurisdictions or for projects educational background and other at least $33,333 (the total project cost is administered by Federally-recognized qualifying experience) and the $133,333, of which $33,333 is 25%). Indian Tribes need take no action experience of the organization to • Anticipated Number of Projects to regarding E.O. 12372. Otherwise, demonstrate the applicant’s ability to be Funded: It is anticipated that up to applicants should contact their SPOCs effectively and efficiently administer thirteen (13) projects will be funded. as soon as possible to alert them of the this project. The application describes • CFDA: ADD’s CFDA (Code of prospective applications and receive the relationship between this project any necessary instructions. Federal Domestic Assistance) number is and the other work planned, anticipated Applicants must submit all required 93.631— Developmental Disabilities— or under way by the applicant which is materials to the SPOC as soon as being supported by Federal assistance. Projects of National Significance. This possible so that the program office can This section should consist of a brief information is needed to complete item obtain and review SPOC comments as (two to three pages) background 10 on the SF424. part of the award process. It is
VerDate 11
imperative that the applicant submit all accordance with the following Item 10. ‘‘Catalog of Federal Domestic required materials and indicate the date instructions: Assistance Number and Title’’—Enter of this submittal (or date SPOC was the Catalog of Federal Domestic 1. SF 424 Page 1, Application Cover contacted, if no submittal is required) Assistance (CFDA) number assigned to Sheet on the SF 424, item 16a. the program under which assistance is Under 45 CFR 100.8(a)(2), a SPOC has Please read the following instructions requested and its title. For the ADD 60 days from the application due date before completing the application cover Area of Emphasis, the following should to comment on proposed new or sheet. An explanation of each item is be entered, ‘‘93.631—Developmental competing continuation awards. included. Complete only the items Disabilities: Projects of National However, there is insufficient time to specified. Significance.’’ allow for a complete SPOC comment Top of Page: Enter the selected Area Item 11. ‘‘Descriptive Title of period. Therefore, we have reduced the of Emphasis under which the Applicant’s Project’’—Enter the project comment period to 30 days from the application is being submitted. title. The title is generally short and is closing date for applications. These Item 1. ‘‘Type of Submission’’— descriptive of the project, not the Area comments are reviewed as part of the Preprinted on the form. of Emphasis title. award process. Failure to notify the Item 2. ‘‘Date Submitted’’ and Item 12. ‘‘Areas Affected by SPOC can result in delays in awarding ‘‘Applicant Identifier’’—Date Project’’—Enter the governmental unit grants. application is submitted to ACYF and where significant and meaningful impact could be observed. List only the SPOCs are encouraged to eliminate applicant’s own internal control largest unit or units affected, such as the submission of routine endorsements number, if applicable. Item 3. ‘‘Date Received By State’’— State, county, or city. If an entire unit as official recommendations. State use only (if applicable). is affected, list it rather than subunits. Additionally, SPOCs are requested to Item 4. ‘‘Date Received by Federal Item 13. ‘‘Proposed Project’’—Enter clearly differentiate between mere Agency’’—Leave blank. the desired start date for the project and advisory comments and those official Item 5. ‘‘Applicant Information’’. projected completion date. State process recommendations which ‘‘Legal Name’’—Enter the legal name Item 14. ‘‘Congressional District of may trigger the ‘‘accommodate or of applicant organization. For Applicant/Project’’—Enter the number explain’’ rule. applications developed jointly, enter the of the Congressional district where the When comments are submitted name of the lead organization only. applicant’s principal office is located directly to ACF, they should be There must be a single applicant for and the number of the Congressional addressed to: Department of Health and each application. district(s) where the project will be Human Services, Administration on ‘‘Organizational Unit’’—Enter the located. If Statewide, a multi-State Children Youth and Families, Office of name of the primary unit within the effort, or nationwide, enter ‘‘00.’’ Grants Management, 370 L’Enfant applicant organization which will Items 15. Estimated Funding Levels— Promenade, SW., Mail Stop 326F–HHH, actually carry out the project activity. In completing 15a through 15f, the Washington, DC 20447, Attn: Lois Do not use the name of an individual as dollar amounts entered should reflect, Hodge ADD—Projects of National the applicant. If this is the same as the for a 17-month project period, the total Significance. applicant organization, leave the amount requested. If the proposed Contact information for each State’s organizational unit blank. project period exceeds 17 months, enter SPOC is found at the ADD website ‘‘Address’’—Enter the complete only those dollar amounts needed for (http://www.acf.dhhs.gov/programs/ address that the organization actually the first 12 months of the proposed add) or by contacting Debbie Powell, uses to receive mail, since this is the project. ADD, 370 L’Enfant Promenade SW, address to which all correspondence Item 15a. Enter the amount of Federal Mailstop 300F, Washington, DC, 20447, will be sent. Do not include both street funds requested in accordance with the 202/690–5911. address and P.O. box number unless preceding paragraph. This amount B. Notification of State Developmental both must be used in mailing. should be no greater than the maximum Disabilities Councils ‘‘Name and telephone number of the amount specified in the Area of person to be contacted on matters Emphasis description. A copy of the application must also be involving this application (give area Items 15b-e. Enter the amount(s) of submitted for review and comment to code)’’—Enter the full name (including funds from non-Federal sources that the State Developmental Disabilities academic degree, if applicable) and will be contributed to the proposed Council in each State in which the telephone number of a person who can project. Items b-e are considered cost- applicant’s project will be conducted. A respond to questions about the sharing or ‘‘matching funds.’’ The value list of the State Developmental application. This person should be of third party in-kind contributions Disabilities Councils can be found at accessible at the address given here and should be included on appropriate lines ADD’s website: http:// will receive all correspondence as applicable. For more information www.acf.dhhs.gov/programs/add under regarding the application. regarding funding as well as exceptions Programs, or by contacting Debbie Item 6. ‘‘Employer Identification to these rules, see Part III, Sections E Powell, ADD, 370 L’Enfant Promenade Number (EIN)’’—Enter the employer and F, and the specific area of emphasis SW., Mailstop 300F, Washington, DC identification number of the applicant description. 20447, 202/690–5911. organization, as assigned by the Internal Item 15f. Enter the estimated amount of program income, if any, expected to C. Instructions for Preparing the Revenue Service, including, if known, be generated from the proposed project. Application and Completing the Central Registry System suffix. Item 7. ‘‘Type of Applicant’’—Self- Do not add or subtract this amount from Application Forms explanatory. the total project amount entered under The SF 424, SF 424A, SF 424A—Page Item 8. ‘‘Type of Application’’— item 15g. Describe the nature, source 2 and Certifications/ Assurances are Preprinted on the form. and anticipated use of this program contained in the application package. Item 9. ‘‘Name of Federal Agency’’— income in the Project Narrative Please prepare your application in Preprinted on the form. Statement.
VerDate 11
Item 15g. Enter the sum of items 15a– 17 months or less or (2) the first year the project. For State and local 15e. budget period, if the proposed project governments, including Federally Item 16a. ‘‘Is Application Subject to period exceeds 15 months. recognized Indian Tribes, ‘‘equipment’’ Review by State Executive Order 12372 Section A—Budget Summary. This is tangible, non-expendable personal Process? Yes.’’—Enter the date the section includes a summary of the property having a useful life of more applicant contacted the SPOC regarding budget. On line 5, enter total Federal than one year and acquisition cost of this application. Select the appropriate costs in column (e) and total non- $5,000 or more per unit. SPOC from the listing provided at the Federal costs, including third party in- Justification: Equipment to be end of Part IV. The review of the kind contributions, but not program purchased with Federal funds must be application is at the discretion of the income, in column (f). Enter the total of justified. The equipment must be SPOC. The SPOC will verify the date (e) and (f) in column (g). required to conduct the project, and the noted on the application. Section B—Budget Categories. This applicant organization or its subgrantees Item 16b. ‘‘Is Application Subject to budget, which includes the Federal as must not have the equipment or a Review by State Executive Order 12372 well as non-Federal funding for the reasonable facsimile available to the Process? No.’’—Check the appropriate proposed project, covers (1) the total project. The justification also must box if the application is not covered by project period of 17 months or less or contain plans for future use or disposal E.O. 12372 or if the program has not (2) the first-year budget period if the of the equipment after the project ends. been selected by the State for review. proposed project period exceeds 17 Supplies—Line 6e. Enter the total Item 17. ‘‘Is the Applicant Delinquent months. It should relate to item 15g, costs of all tangible expendable personal on any Federal Debt?’’—Check the total funding, on the SF 424. Under property (supplies) other than those appropriate box. This question applies column (5), enter the total requirements included on Line 6d. to the applicant organization, not the for funds (Federal and non-Federal) by Justification: Specify general person who signs as the authorized object class category. categories of supplies and their costs. representative. Categories of debt A separate budget justification should Contractual—Line 6f. Enter the total include audit disallowances, loans and be included to explain fully and justify costs of all contracts, including; (1) taxes. major items, as indicated below. The procurement contracts (except those Item 18. ‘‘To the best of my types of information to be included in which belong on other lines such as knowledge and belief, all data in this the justification are indicated under equipment, supplies, etc.) and (2) application/pre-application are true and each category. For multiple year contracts with secondary recipient correct. The document has been duly projects, it is desirable to provide this organizations, including delegate authorized by the governing body of the information for each year of the project. agencies. Also include any contracts applicant and the applicant will comply The budget justification should with organizations for the provision of with the attached assurances if the immediately follow the second page of technical assistance. Do not include assistance is awarded.’’—To be signed the SF 424A. payments to individuals on this line. If by the authorized representative of the Personnel—Line 6a. Enter the total the name of the contractor, scope of applicant. A copy of the governing costs of salaries and wages of applicant/ work, and estimated total costs are not body’s authorization for signature of this grantee staff. Do not include the costs of available or have not been negotiated, application by this individual as the consultants, which should be included include on Line 6h, ‘‘Other.’’ official representative must be on file in on line 6h, ‘‘Other.’’ Justification: Attach a list of the applicant’s office, and may be Justification: Identify the principal contractors, indicating the names of the requested from the applicant. investigator or project director, if organizations, the purposes of the Item 18a–c. ‘‘Typed Name of known. Specify by title or name the contracts, and the estimated dollar Authorized Representative, Title, percentage of time allocated to the amounts of the awards as part of the Telephone Number’’—Enter the name, project, the individual annual salaries, budget justification. Whenever the title and telephone number of the and the cost to the project (both Federal applicant/grantee intends to delegate authorized representative of the and non-Federal) of the organization’s part or all of the program to another applicant organization. staff who will be working on the project. agency, the applicant/grantee must Item 18d. ‘‘Signature of Authorized Fringe Benefits—Line 6b. Enter the complete this section (Section B, Budget Representative’’—Signature of the total costs of fringe benefits, unless Categories) for each delegate agency by authorized representative named in Item treated as part of an approved indirect agency title, along with the supporting 18a. At least one copy of the application cost rate. information. The total cost of all such must have an original signature. Use Justification: Provide a break-down of agencies will be part of the amount colored ink (not black) so that the amounts and percentages that comprise shown on Line 6f. Provide backup original signature is easily identified. fringe benefit costs, such as health documentation identifying the name of Item 18e. ‘‘Date Signed’’—Enter the insurance, FICA, retirement insurance, contractor, purpose of contract, and date the application was signed by the etc. major cost elements. authorized representative. Travel—6c. Enter total costs of out-of- Construction—Line 6g. Not town travel (travel requiring per diem) applicable. New construction is not 2. SF 424A—Budget Information—Non- for staff of the project. Do not enter costs allowable. Construction Programs for consultant’s travel or local Other—Line 6h. Enter the total of all This is a form used by many Federal transportation, which should be other costs. Where applicable, such agencies. For this application, Sections included on Line 6h, ‘‘Other.’’ costs may include, but are not limited A, B, C, E and F are to be completed. Justification: Include the name(s) of to: insurance; medical and dental costs; Section D does not need to be traveler(s), total number of trips, noncontractual fees and travel paid completed. destinations, length of stay, directly to individual consultants; local Sections A and B should include the transportation costs and subsistence transportation (all travel which does not Federal as well as the non-Federal allowances. require per diem is considered local funding for the proposed project Equipment—Line 6d. Enter the total travel); space and equipment rentals; covering; (1) the total project period of costs of all equipment to be acquired by printing and publication; computer use;
VerDate 11
training costs, including tuition and reimbursement of indirect costs for the specific requirements mentioned stipends; training service costs, training grants should specify this. under the Area of Emphasis description including wage payments to individuals Total—Line 6k. Enter the total in Part IV. The narrative should also and supportive service payments; and amounts of lines 6i and 6j. provide information concerning how the staff development costs. Note that costs Program Income—Line 7. Enter the application meets the evaluation identified as ‘‘miscellaneous’’ and estimated amount of income, if any, criteria, using the following headings: ‘‘honoraria’’ are not allowable. expected to be generated from this (a) Objectives and Need for Justification: Specify the costs project. Do not add or subtract this Assistance; included. amount from the total project amount. (b) Results and Benefits Expected; Total Direct Charges—Line 6i. Enter Justification: Describe the nature, (c) Approach; and the total of Lines 6a through 6h. source, and anticipated use of program (d) Organization Profile. Indirect Charges—6j. Enter the total income in the Program Narrative The specific information to be amount of indirect charges (costs). If no Statement. included under each of these headings indirect costs are requested, enter Section C—Non-Federal Resources. is described in Section G of Part III, ‘‘none.’’ Generally, this line should be This section summarizes the amounts of General Instructions for the Uniform used when the applicant (except local non-Federal resources that will be Project Description. governments) has a current indirect cost applied to the grant. Enter this The narrative should be typed double- 1 ″ ″ rate agreement approved by the information on line 12 entitled ‘‘Totals.’’ spaced on a single-side of an 8 ⁄2 x 11 ″ Department of Health and Human In-kind contributions are defined in title plain white paper, with 1 margins on Services or another Federal agency. 45 of the Code of Federal Regulations, all sides, using black print no smaller Local and State governments should §§ 74.51 and 92.24, as ‘‘property or than 12 pitch or 12 point size. All pages enter the amount of indirect costs services which benefit a grant-supported of the narrative (including charts, determined in accordance with HHS project or program and which are references/footnotes, tables, maps, requirements. When an indirect cost contributed by non-Federal third parties exhibits, etc.) must be sequentially rate is requested, these costs are without charge to the grantee, the numbered, beginning with ‘‘Objectives included in the indirect cost pool and subgrantee, or a cost-type contractor and Need for Assistance’’ as page should not be charged again as direct under the grant or subgrant.’’ number one. Applicants should not costs to the grant. Justification: Describe third party in- submit reproductions of larger size In the case of training grants to other kind contributions, if included. paper, reduced to meet the size than State or local governments (as Section D—Forecasted Cash Needs. requirement. defined in title 45, Code of Federal Not applicable. The length of the application, Regulations, part 74), the Federal Section E—Budget Estimate of Federal including the application forms and all reimbursement of indirect costs will be Funds Needed For Balance of the attachments, should not exceed 60 limited to the lesser of the negotiated (or Project. This section should only be pages. This will be strictly enforced. A 1 ″ ″ actual) indirect cost rate or 8 percent of completed if the total project period page is a single side of an 8 ⁄2 x 11 the amount allowed for direct costs, exceeds 17 months. sheet of paper. Applicants are requested exclusive of any equipment charges, Totals—Line 20. For projects that will not to send pamphlets, brochures or rental of space, tuition and fees, post- have more than one budget period, enter other printed material along with their doctoral training allowances, the estimated required Federal funds for application as these pose xeroxing contractual items, and alterations and the second budget period (months 13 difficulties. These materials, if renovations. through 24) under column ‘‘(b) First.’’ If submitted, will not be included in the For training grant applications, the a third budget period will be necessary, review process if they exceed the 60- entry under line 6j should be the total enter the Federal funds needed for page limit. Each page of the application indirect costs being charged to the months 25 through 36 under ‘‘(c) will be counted to determine the total project. The Federal share of indirect Second.’’ Columns (d) and (e) are not length. costs is calculated as shown above. The applicable in most instances, since ACF 4. Part V—Assurances/Certifications applicant’s share is calculated as funding is almost always limited to a follows: three-year maximum project period. Applicants are required to file an SF (a) Calculate total project indirect They should remain blank. 424B, Assurances—Non-Construction costs (a*) by applying the applicant’s Section F—Other Budget Information. Programs and the Certification approved indirect cost rate to the total Direct Charges—Line 21. Not Regarding Lobbying. Both must be project (Federal and non-Federal) direct applicable. signed and returned with the costs. Indirect Charges—Line 22. Enter the application. Applicants must also (b) Calculate the Federal share of type of indirect rate (provisional, provide certifications regarding: (1) indirect costs (b*) at 8 percent of the predetermined, final or fixed) that will Drug-Free Workplace Requirements; and amount allowed for total project be in effect during the funding period, (2) Debarment and Other (Federal and non-Federal) direct costs the estimated amount of the base to Responsibilities. These two exclusive of any equipment charges, which the rate is applied, and the total certifications are self-explanatory. rental of space, tuition and fees, post- indirect expense. Copies of these assurances/certifications doctoral training allowances, Remarks—Line 23. If the total project are reprinted at the end of this contractual items, and alterations and period exceeds 17 months, you must announcement and should be renovations. enter your proposed non-Federal share reproduced, as necessary. A duly (c) Subtract (b*) from (a*). The of the project budget for each of the authorized representative of the remainder is what the applicant can remaining years of the project. applicant organization must certify that claim as part of its matching cost the applicant is in compliance with contribution. 3. Project Description these assurances/certifications. A Justification: Enclose a copy of the The Project Description is a very signature on the SF 424 indicates indirect cost rate agreement. Applicants important part of an application. It compliance with the Drug Free subject to the limitation on the Federal should be clear, concise, and address Workplace Requirements, and
VerDate 11
Debarment and Other Responsibilities —Certification of Protection of Human SUMMARY: The Food and Drug certifications, and need not be mailed Subjects, if necessary. Administration (FDA) is amending the back with the application. —Certification of the Pro-Children Act filing notice for a food additive petition In addition, applicants are required of 1994; signature on the application filed by the National Food Processors under section 162(c)(3) of the Act to represents certification. Association (NFPA) on behalf of The provide assurances that the human Food Irradiation Coalition, to provide F. The Application Package rights of all individuals with for the safe use of ionizing radiation for developmental disabilities (especially Each application package must control of food-borne pathogens, and those individuals without familial include an original and two copies of extension of shelf-life, in a variety of protection) who will receive services the complete application. Each copy human foods up to a maximum under projects assisted under Part E will should be stapled securely (front and irradiation dosage of 4.5 kilograys (kGy) be protected consistent with section 110 back if necessary) in the upper left-hand for non-frozen and non-dry (relating to the rights of individuals corner. All pages of the narrative FOR FURTHER INFORMATION CONTACT: with developmental disabilities). Each (including charts, tables, maps, exhibits, Lane A. Highbarger, Center for Food application must include a statement etc.) must be sequentially numbered, Safety and Applied Nutrition (HFS– providing this assurance. beginning with page one. In order to 206), Food and Drug Administration, For research projects in which human facilitate handling, please do not use 200 C St. SW., Washington, DC 20204, subjects may be at risk, a Protection of covers, binders or tabs. Do not include 202–418–3032. Human Subjects Assurance may be extraneous materials as attachments, SUPPLEMENTARY INFORMATION: In a notice required. If there is a question regarding such as agency promotion brochures, published in the Federal Register of the applicability of this assurance, slides, tapes, film clips, minutes of January 5, 2000 (65 FR 493), FDA contact the Office for Research Risks of meetings, survey instruments or articles announced that a food additive petition the National Institutes of Health at (301) of incorporation. (FAP 9M4697) had been filed by the 496–7041. G. Paper Reduction Act of 1995 (Pub. L. NFPA on behalf of The Food Irradiation E. Checklist for a Complete Application 104–13) Coalition, 1350 I St. NW., suite 300, Washington, DC 20005, proposing that The Uniform Project Description The checklist below is for your use to the food additive regulations in part 179 information collection within this ensure that your application package Irradiation in the Production, Processing announcement is approved under the has been properly prepared. and Handling of Food (21 CFR part 179) Uniform Project Description (0970– —One original, signed and dated be amended to provide for the safe use 0139), Expiration Date 12/31/2003. application, plus two copies. of ionizing radiation for control of food- Public reporting burden for this Applications for different Area of borne pathogens, and extension of shelf- collection of information is estimated to Emphasis are packaged separately; life, in a variety of human foods up to average 10 hours per response, —Application is from an organization a maximum irradiation dosage of 4.5 including the time for reviewing which is eligible under the eligibility kGy for non-frozen and non-dry instructions, gathering and maintaining requirements defined in the Priority products, and 10.0 kGy for frozen or dry the data needed, and reviewing the Area description (screening products, including: (1) Pre-processed collection of information. requirement); meat and poultry; (2) both raw and pre- An agency may not conduct or —Application length does not exceed 60 processed vegetables, fruits, and other sponsor, and a person is not required to pages, unless otherwise specified in agricultural products of plant origin; (3) respond to, a collection of information the Priority Area description. certain multi-ingredient food products. unless it displays a currently valid OMB A complete application consists of the The notice stated that the petition does control number. following items in this order: not cover products composed in whole —Application for Federal Assistance (Federal Catalog of Domestic Assistance or in part of raw meat, poultry, or fish (SF 424, REV 4–88); Number 93.631 Developmental Disabilities— nor does it cover ‘‘ready-to-eat’’ fish —A completed SPOC certification with Projects of National Significance) products or ingredients made from fish. the date of SPOC contact entered in Dated: May 4, 2001. Subsequent to the publication of the line 16, page 1 of the SF 424 if Sue Swenson, filing notice, FDA learned from applicable. Commissioner, Administration on discussions with NFPA that the —Budget Information—Non- Developmental Disabilities. petitioner intended to include in the Construction Programs (SF 424A, REV [FR Doc. 01–11762 Filed 5–9–01; 8:45 am] scope of the petition certain multi- 4–88); BILLING CODE 4184–01–P ingredient products that contain —Budget justification for Section B— uncooked meat or poultry. In particular, Budget Categories; the petitioner noted a clarifying letter, —Table of Contents; DEPARTMENT OF HEALTH AND dated October 18, 1999, that it had —Letter from the Internal Revenue HUMAN SERVICES submitted prior to FDA’s filing the Service, etc. to prove non-profit petition, that mentioned certain foods, status, if necessary; Food and Drug Administration such as country hams and dry and semi- —Copy of the applicant’s approved dry sausages, as examples of foods indirect cost rate agreement, if [Docket No. 99F–5522] intended to be within the scope of the appropriate; petition. In preparing the filing notice, —Project Description (See Part III, Food Irradiation Coalition c/o National FDA did not recognize that these Section C); Food Processors Association; Filing of products are uncooked and, thus, —Any appendices/attachments; Food Additive Petition; Amendment mistakenly excluded such products by —Assurances—Non-Construction AGENCY: Food and Drug Administration, virtue of the exclusion for food Programs (Standard Form 424B, REV HHS. containing raw meat or poultry. The 4–88); petitioner recently informed FDA that ACTION: Notice. —Certification Regarding Lobbying; and the January, 2000, filing notice would
VerDate 11
appear to restrict the scope of the Title of Information Collection: The (HCFA), Department of Health and petition and that it was (and is) the Financial Statement of Debtor and Human Services, is publishing the petitioner’s intent that multi-ingredient Supporting Regulations in 42 CFR, following summary of proposed meat products (whether containing Section 405.376; collections for public comment. cooked or uncooked meat or poultry) be Form No.: HCFA–379 (OMB# 0938– Interested persons are invited to send included in the scope of the pending 0270); comments regarding this burden petition. Use: This form is used to collect estimate or any other aspect of this Therefore, FDA is amending the filing financial information which is needed collection of information, including any notice of January 5, 2000, to indicate to evaluate requests from physicians/ of the following subjects: (1) The that the petitioner has requested that the suppliers to pay indebtedness under an necessity and utility of the proposed food additive regulations be amended to extended repayment schedule, or to information collection for the proper permit the irradiation of multi- compromise a debt less than the full performance of the agency’s functions; ingredient foods containing uncooked amount.; (2) the accuracy of the estimated meat or poultry. Frequency: Other: As needed; burden; (3) ways to enhance the quality, The agency has determined under 21 Affected Public: Business or other for- utility, and clarity of the information to CFR 25.32(i) that this action is of a type profit, and Individuals or Households; be collected; and (4) the use of that does not individually or Number of Respondents: 500; automated collection techniques or cumulatively have a significant effect on Total Annual Responses: 500; other forms of information technology to the human environment. Therefore, Total Annual Hours: 1,000. minimize the information collection neither an environmental assessment To obtain copies of the supporting burden. nor an environmental impact statement statement and any related forms for the Type of Information Collection is required. proposed paperwork collections Request: Extension of a currently referenced above, access HCFA’s Web Dated: April 20, 2001. approved collection; Title of Site address at http://www.hcfa.gov/ Information Collection: Information Alan M. Rulis, regs/prdact95.htm, or E-mail your Director, Office of Premarket Approval, Collection Requirements Contained in request, including your address, phone BPD–393, Examination and Treatment Center for Food Safety and Applied Nutrition. number, OMB number, and HCFA [FR Doc. 01–11733 Filed 5–9–01; 8:45 am] for Emergency Medical Conditions and document identifier, to Women in Labor and HCFA–1005–IFC, BILLING CODE 4160–01–S [email protected], or call the Reports PPS for Hospital Outpatient Services Clearance Office on (410) 786–1326. and Supporting Regulations Contained Written comments and DEPARTMENT OF HEALTH AND in 42 CFR 488.18, 489.20 and 489.24; recommendations for the proposed HUMAN SERVICES Document No.: HCFA–R–142 (OMB# information collections must be mailed 0938–0667); Use: The Information Health Care Financing Administration within 60 days of this notice directly to Collection Requirements contained in the HCFA Paperwork Clearance Officer BPD–393, Examination and Treatment [Document Identifier: HCFA–379] designated at the following address: for Emergency Medical Conditions and HCFA, Office of Information Services, Agency Information Collection Women in Labor and HCFA–1005–IFC, Security and Standards Group, Division Activities: Proposed Collection; contains requirements for hospitals to of HCFA Enterprise Standards, Comment Request prevent them from inappropriately Attention: Dawn Willinghan, HCFA– transferring individuals with emergency AGENCY: Health Care Financing 379, Room N2–14–26, 7500 Security medical conditions, as mandated by Administration, HHS. Boulevard, Baltimore, Maryland 21244– Congress. HCFA will use this In compliance with the requirement 1850. information to help assure compliance of section 3506(c)(2)(A) of the Dated: May 2, 2001. with this mandate and protect the Paperwork Reduction Act of 1995, the John P. Burke III, public. This information is not Health Care Financing Administration contained elsewhere in regulations. HCFA Reports Clearance Officer, HCFA Office (HCFA), Department of Health and Frequency: On occasion; Affected Human Services, is publishing the of Information Services, Security and Standards Group, Division of HCFA Public: Individuals or Households, Not- following summary of proposed Enterprise Standards. for-profit institutions, Federal collections for public comment. [FR Doc. 01–11735 Filed 5–9–01; 8:45 am] Government, and State, Local or Tribal Interested persons are invited to send Government; Number of Respondents: BILLING CODE 4120–03–P comments regarding this burden 5,600; Total Annual Responses: 5,600; estimate or any other aspect of this Total Annual Hours Requested: 1. collection of information, including any DEPARTMENT OF HEALTH AND It should be noted, that based on of the following subjects: (1) The HUMAN SERVICES industry input and HCFA analysis, the necessity and utility of the proposed applicability and burden associated information collection for the proper Health Care Financing Administration with the information collection performance of the agency’s functions; requirements (ICR) captured in this (2) the accuracy of the estimated [Document Identifier: HCFA–R–142] submission have been adjusted to burden; (3) ways to enhance the quality, Agency Information Collection properly reflect the degree of burden utility, and clarity of the information to Activities: Proposed Collection; associated with this collection. In be collected; and (4) the use of Comment Request particular, the ICRs captured in this automated collection techniques or submission have been determined to be other forms of information technology to AGENCY: Health Care Financing either exempt or the burden has been minimize the information collection Administration, HHS. deemed usual and customary in burden. In compliance with the requirement accordance with the 1995 PRA. In order Type of Information Collection of section 3506(c)(2)(A) of the to comply and properly reflect the Act, Request: Extension of a currently Paperwork Reduction Act of 1995, the HCFA assigned a token one-hour of approved collection; Health Care Financing Administration burden for this submission.
VerDate 11
To obtain copies of the supporting minimize the information collection DEPARTMENT OF HEALTH AND statement and any related forms for the burden. HUMAN SERVICES proposed paperwork collections Type of Information Collection Health Care Financing Administration referenced above, access HCFA’s Web Request: Revision of a currently Site address at http://www.hcfa.gov/ approved collection; Title of [Document Identifier: HCFA–10029] regs/prdact95.htm, or E-mail your Information Collection: A Project to request, including your address, phone Agency Information Collection Develop an Outcome-Based Continuous number, OMB number, and HCFA Activities: Submission for OMB Quality Improvement System for PACE; document identifier, to Review; Comment Request [email protected], or call the Reports Form No.: HCFA–R–0299 (OMB# 0938– AGENCY: Clearance Office on (410) 786–1326. 0791); Use: The purpose of this project Health Care Financing Written comments and is to develop an outcome-based Administration, HHS. In compliance with the requirement recommendations for the proposed continuous quality improvement of section 3506(c)(2)(A) of the information collections must be mailed (OBCQI) system and core Paperwork Reduction Act of 1995, the within 60 days of this notice directly to comprehensive assessment data set for Health Care Financing Administration the HCFA Paperwork Clearance Officer the PACE program by (a) developing (HCFA), Department of Health and designated at the following address: and testing a set of data items for core outcome and comprehensive assessment Human Services, is publishing the HCFA, Office of Information Services, following summary of proposed (COCOA), (b) testing risk adjustment Security and Standards Group, Division collections for public comment. methods so each site’s outcomes can be of HCFA Enterprise Standards, Interested persons are invited to send Attention: Dawn Willinghan, HCFA–R– appropriately evaluated, (c) designing comments regarding this burden 142, Room N2–14–26, 7500 Security an OBCQI approach to improve quality estimate or any other aspect of this Boulevard, Baltimore, Maryland 21244– in a systematic, evolutionary manner, collection of information, including any 1850. and (d) testing the usefulness of the data of the following subjects: (1) The Dated: May 1, 2001. items for assessment and care planning. necessity and utility of the proposed John P. Burke III, A three-phase, 20-month field test will information collection for the proper HCFA Reports Clearance Officer, HCFA Office result in the refinement of the draft performance of the agency’s functions; of Information Services, Security and COCOA data items and protocols as (2) the accuracy of the estimated Standards Group, Division of HCFA needed. Findings from the project are burden; (3) ways to enhance the quality, Enterprise Standards. intended to guide the possible utility, and clarity of the information to [FR Doc. 01–11737 Filed 5–9–01; 8:45 am] implementation of a national approach be collected; and (4) the use of BILLING CODE 4120–03–P for OBCQI and core comprehensive automated collection techniques or assessment for PACE; Frequency: On other forms of information technology to occasion; Affected Public: Not-for-profit minimize the information collection DEPARTMENT OF HEALTH AND institutions, Individuals or households; burden. HUMAN SERVICES Number of Respondents: 8,298; Total Type of Information Collection Annual Responses: 93,970; Total Request: New collection; Title of Health Care Financing Administration Annual Hours: 21,692.04. Information Collection: Medicare Program Integrity Customer Service [Document Identifier: HCFA–R–0299] To obtain copies of the supporting Project; Form No.: HCFA–10029 (OMB# statement and any related forms for the Agency Information Collection 0938–NEW); Use: Medicare’s Integrity proposed paperwork collections Program seeks to improve customer Activities: Submission for OMB referenced above, access HCFA’s Web Review; Comment Request service provided to beneficiaries and Site address at http://www.hcfa.gov/ providers. The study’s purpose is to AGENCY: Health Care Financing regs/prdact95.htm, or E-mail your identify baseline satisfaction with Administration, HHS. request, including your address, phone Program Integrity efforts, to prioritize In compliance with the requirement number, OMB number, and HCFA improvement areas, and to identify of section 3506(c)(2)(A) of the document identifier, to potential service delivery changes that Paperwork Reduction Act of 1995, the [email protected], or call the Reports can be implemented by HCFA or its Health Care Financing Administration Clearance Office on (410) 786–1326. contractors. Respondents include (HCFA), Department of Health and Written comments and beneficiaries whose billing questions Human Services, is publishing the recommendations for the proposed were transferred to Fraud, and providers following summary of proposed information collections must be mailed who have been through enrollment, collections for public comment. within 30 days of this notice directly to medical review, or cost report audit; Interested persons are invited to send the OMB desk officer: OMB Human Frequency: Annually; Affected Public: comments regarding this burden Resources and Housing Branch, Individuals or households, Business or estimate or any other aspect of this Attention: Allison Eydt, New Executive other for-profit, Not-for-profit collection of information, including any Office Building, Room 10235, institutions; Number of Respondents: of the following subjects: (1) The Washington, DC 20503. 5,250; Total Annual Responses: 5,250; necessity and utility of the proposed Total Annual Hours: 782. To obtain information collection for the proper Date: April 23, 2001. copies of the supporting statement and performance of the agency’s functions; John P. Burke III, any related forms for the proposed (2) the accuracy of the estimated HCFA Reports Clearance Officer, HCFA Office paperwork collections referenced above, burden; (3) ways to enhance the quality, of Information Services, Security and access HCFA’s Web Site address at utility, and clarity of the information to Standards Group, Division of HCFA http://www.hcfa.gov/regs/prdact95.htm, be collected; and (4) the use of Enterprise Standards. or E-mail your request, including your automated collection techniques or [FR Doc. 01–11736 Filed 5–9–01; 8:45 am] address, phone number, OMB number, other forms of information technology to BILLING CODE 4120–03–P and HCFA document identifier, to
VerDate 11
[email protected], or call the Reports information is needed before the regs/prdact95.htm, or E-mail your Clearance Office on (410) 786–1326. expiration of the normal time limits request, including your address, phone Written comments and under OMB’s regulations at 5 CFR part number, OMB number, and HCFA recommendations for the proposed 1320. This is necessary to ensure document identifier, to information collections must be mailed compliance with the Supreme Court’s [email protected], or call the Reports within 30 days of this notice directly to decision in Olmstead v. L.C., (119 S.Ct. Clearance Office on (410) 786–1326. the OMB desk officer: OMB Human 2176 (1999) required States to provide Interested persons are invited to send Resources and Housing Branch, community-based services for persons comments regarding the burden or any Attention: Allison Eydt, New Executive with disabilities who would otherwise other aspect of these collections of Office Building, Room 10235, receive services in an institutional information requirements. However, as Washington, D.C. 20503. setting under certain circumstances. We noted above, comments on these Dated: April 23, 2001. cannot reasonably comply with the information collection and recordkeeping requirements must be John P. Burke III, normal clearance procedures because of the potential for public harm: the funds mailed and/or faxed to the designees HCFA Reports Clearance Officer, HCFA Office referenced below, by May 21, 2001: of Information Services, Security and set aside for the grants would revert to Standards Group, Division of HCFA the general fund and States, together Health Care Financing Administration, Enterprise Standards. with their disability and aging Office of Information Services, [FR Doc. 01–11738 Filed 5–9–01; 8:45 am] communities that have already Security and Standards Group, BILLING CODE 4120–03–P undertaken extensive planning efforts Division of HCFA Enterprise for these grant opportunities, would be Standards, Room N2–14–26, 7500 significantly harmed. Security Boulevard, Baltimore, MD DEPARTMENT OF HEALTH AND HCFA is requesting OMB review and 21244–1850. Fax Number: (410) 786– HUMAN SERVICES approval of this collection by May 22, 0262, Attn: Julie Brown HCFA–10037 2001, with a 180-day approval period. and, Written comments and Health Care Financing Administration Office of Information and Regulatory recommendations will be accepted from [Document Identifier: HCFA–10037] Affairs, Office of Management and the public if received by the individuals Budget, Room 10235, New Executive designated below by May 21, 2001. Emergency Clearance: Public Office Building, Washington, DC During this 180-day period, we will Information Collection Requirements 20503, Fax Number: (202) 395–6974 publish a separate Federal Register Submitted to the Office of Management or (202) 395–5167, Attn: Brenda notice announcing the initiation of an and Budget (OMB) Aguilar, HCFA Desk Officer. extensive 60-day agency review and AGENCY: Health Care Financing public comment period on these Dated: May 7, 2001. Administration, HHS. requirements. We will submit the Julie Brown, In compliance with the requirement requirements for OMB review and an Acting HCFA Reports Clearance Officer, of section 3506(c)(2)(A) of the extension of this emergency approval. HCFA, Office of Information Services, Paperwork Reduction Act of 1995, the Type of Information Collection Security and Standards Group, Division of Health Care Financing Administration Request: New collection; Title of HCFA Enterprise Standards. (HCFA), Department of Health and Information Collection: Real Choice [FR Doc. 01–11906 Filed 5–8–01; 1:31 pm] Human Services, is publishing the Systems Change Grants; Nursing BILLING CODE 4120–03–P following summary of proposed Facility Transition/Access Housing collections for public comment. Grants; Community Personal Assistance Interested persons are invited to send Service and Supports Grants, National DEPARTMENT OF HEALTH AND comments regarding this burden Technical Assistance and Learning HUMAN SERVICES estimate or any other aspect of this Collaborative Grants to Support Systems collection of information, including any Change for Community Living; Form Program Support Center of the following subjects: (1) The No.: HCFA–10037 (OMB# 0938–XXXX); Agency Information Collection necessity and utility of the proposed Use: Information sought by CMSO/ Activities: Submission for OMB information collection for the proper DEHPG is needed to award competitive Review; Comment Request performance of the agency’s functions; grants to States and other eligible (2) the accuracy of the estimated entities for the purposes of designing The Department of Health and Human burden; (3) ways to enhance the quality, and implementing effective and Services, Program Support Center (PSC), utility, and clarity of the information to enduring improvements in consumer- publishes a list of information be collected; and (4) the use of directed long term service and support collections it has submitted to the Office automated collection techniques or systems; Frequency: Annually; Affected of Management and Budget (OMB) for other forms of information technology to Public: State, local or tribal gov.; clearance in compliance with the minimize the information collection Number of Respondents: 76; Total Paperwork Reduction Act of 1995 (44 burden. Annual Responses: 76; Total Annual U.S.C. Chapter 35) and 5 CFR 1320.5. We are, however, requesting an Hours: 7600. The following information collection emergency review of the information We have submitted a copy of this was recently submitted to OMB: collections referenced below. In notice to OMB for its review of these 1. Application Packets for Real compliance with the requirement of information collections. A notice will be Property for Public Health Purposes section 3506(c)(2)(A) of the Paperwork published in the Federal Register when (Form Number: HHS 696)—Revision. Reduction Act of 1995, we have approval is obtained. The Department of Health and Human submitted to the Office of Management To obtain copies of the supporting Services administers a program to and Budget (OMB) the following statement and any related forms for the convey or lease surplus real property to requirements for emergency review. We proposed paperwork collections States and their political subdivisions are requesting an emergency review referenced above, access HCFA’s Web and instrumentalities, to tax-supported because the collection of this Site address at http://www.hcfa.gov/ institutions, and to nonprofit
VerDate 11
institutions to be used for health Order of Succession for the office of Dated: May 3, 2001. purposes. State and local governments Chief Financial Officer. Daniel R. Murphy, and nonprofit organizations use these Chief of Staff, Department of Housing and EFFECTIVE DATES: May 3, 2001. applications to apply for excess/surplus, Urban Development. underutilized/unutilized and off-site FOR FURTHER INFORMATION CONTACT: [FR Doc. 01–11743 Filed 5–9–01; 8:45 am] Government real property. Information Maureen Harris, Administrative Officer, BILLING CODE 4210–01–M in the applications is used to determine Office of the Chief Financial Officer, eligibility to purchase, lease, or use Department of Housing and Urban property under the provisions of the Development, Room 2104, 451 7th DEPARTMENT OF THE INTERIOR surplus property program. The Street, SW, Washington, DC 20410, application instructions for the (202) 708–0313. (This is not a toll-free Fish and Wildlife Service homeless or public health purposes are number.) This number may be accessed being revised to clarify some of the via TTY by calling the Federal Notice of Permit Application and Safe questions which will assist reviewers in Information Relay Service at 1–800– Harbor Agreement Between the Fish making more informed determinations. 8339 (toll-free). and Wildlife Service and Caroline H. No changes are being proposed for the Paterson and Thomas W. Paterson SUPPLEMENTARY INFORMATION: The Chief environmental information form used to of Staff for the Department of Housing AGENCY: Fish and Wildlife Service, evaluate potential environmental effects and Urban Development is issuing this Interior. of a proposal as required by the National Order of Succession of officials ACTION: Notice of availability and 30-day Environmental Policy Act of 1969. authorized to perform the functions and public comment period. Respondents: State, local or tribal duties of the Office of the Chief governments; not-for-profit institutions; Financial Officer when, by reason of SUMMARY: Caroline H. and Thomas W. Total Number of Respondents: 32 per absence, disability, or vacancy in office, Paterson (Applicants) have applied to calendar year; Number of Responses per the Chief Financial Officer is not the U.S. Fish and Wildlife Service Respondent: one response per request; available to exercise the powers or (Service) for an incidental take permit Average Burden per Response: 200 perform the duties of the office. This pursuant to Section 10(a)(1)(A) of the hours; Estimated Annual Burden: 6,400 Order of Succession is subject to the Endangered Species Act (Act). The hours. provisions of the Vacancy Reform Act of Applicants have been assigned permit OMB Desk Officer: Allison Eydt. 1998, 5 USC 3345–3349d. number TE–035920–0. The requested Copies of the information collection permit, which is for a period of 30 years, package listed above can be obtained by Accordingly, the Chief of Staff would authorize the take of the calling the PSC Reports Clearance designates the following Order of following species: endangered Officer on (301) 443–1494. Written Succession: southwestern willow flycatcher and comments and recommendations for the Section A. Order of Succession Mexican gray wolf; threatened bald proposed information collection should eagle, Mexican spotted owl, and loach be sent directly to the OMB desk officer Subject to the provisions of the minnow. The proposed take could occur designated above at the following Vacancy Reform Act of 1998, during any as a result of conservation measures address: Human Resources and Housing period when, by reason of absence, implemented on Spur Ranch, consisting Branch, Office of Management and disability, or vacancy in office, the Chief of riparian restoration activities along Budget, New Executive Office Building, Financial Officer is not available to Centerfire Creek, including planting Room 10235, 725 17th Street NW., exercise the powers or perform the native vegetation; grade control Washington, DC 20503. duties of the Chief Financial Officer, the structures in Centerfire Creek to control Comments may also be sent to Irene following officials within the Office of erosion and downcutting; and upland S. West, PSC Reports Clearance Officer, the Chief Financial Officer are hereby management activities designed to Room 17A18, Parklawn Building, 5600 designated to exercise the powers and improve overall habitat health, Fishers Lane, Rockville, MD 20857. perform the duties of the Office: including prescribed burning, selective Written comments should be received (1) Senior Advisor to the Chief timber harvesting, and controlled within 30 days of this notice. Financial Officer; grazing. Currently, none of the species Dated: May 1, 2001. (2) Assistant Chief Financial Officer mentioned above are known to occur on Curtis L. Coy, for Budget. the property. The Applicants in cooperation with the Service have Director, Program Support Center. These officials shall perform the [FR Doc. 01–11734 Filed 5–9–01; 8:45 am] prepared the Safe Harbor Agreement functions and duties of the Office in the (SHA) to provide a conservation benefit BILLING CODE 4168–17–M order specified herein, and no official to the species and allow for the take of shall serve unless all the other officials, these species. Based upon guidance in whose position titles precede his/hers in the Service’s June 17, 1999, Final Safe DEPARTMENT OF HOUSING AND this order, are unable to act by reason Harbor Policy, if a SHA and associated URBAN DEVELOPMENT of absence, disability, or vacancy in permit are not expected to individually office. or cumulatively have a significant [Docket No. FR–4572–D–18] Section B. Authority Superseded impact on the quality of the human Order of Succession environment or other natural resources, This Order of Succession supersedes the Agreement/permit may be AGENCY: Office of the Chief Officer, HUD the Order of Succession for the Office of categorically excluded from undergoing ACTION: Notice of Order of Succession. the Chief Financial Officer, published at National Environmental Policy Act 65 FR 51016 (August 22, 2000). review. The Spur Ranch SHA qualifies SUMMARY: In this notice, the Chief of Authority: Section 7(d), Department of as a ‘‘Low Effect’’ SHA, thus, this action Staff for the Department of Housing and Housing and Urban Development Act, 42 is a categorical exclusion. The ‘‘Low Urban Development designates the U.S.C. Sec. 3535(d) Effect’’ determination for the Spur
VerDate 11
Ranch SHA is also available for public limited circumstances, may issue eligible applicants may receive services comment. This notice is provided permits to take threatened and under the program. pursuant to Section 10(c) of the Act and endangered wildlife species incidental II. Method of Collection National Environmental Policy Act to, and not the purpose of, otherwise regulations (40 CFR 1506.6). lawful activities. Regulations governing The housing regulations at 25 CFR DATES: Written comments on the permits for endangered species are at 50 part 256 contain the program eligibility application should be received on or CFR 17.22 and 50 CFR 17.22 for and selection criteria (§§ 256.6, 256.8, before June 11, 2001. threatened species. 256.9, 256.10, 256.14) which prospective applicants seeking program ADDRESSES: Persons wishing to review Thomas L. Bauer, the application, SHA, and ‘‘Low Effect’’ services must demonstrate that they Acting Regional Director, Region 2, meet. Information collected from determination may obtain copies by Albuquerque, New Mexico. writing to the Regional Director, U.S. applicants under these regulations [FR Doc. 01–11756 Filed 5–9–01; 8:45 am] Fish and Wildlife Service, P.O. Box provides eligibility and selection data 1306, Room 4102, Albuquerque, New BILLING CODE 4510–55–P used by the local servicing housing Mexico 87103, or by contacting Denise office to establish whether an applicant is eligible to receive services. The local Smith, New Mexico Ecological Services DEPARTMENT OF THE INTERIOR Field Office, 2105 Osuna Road, servicing housing office may be a tribal Albuquerque, New Mexico 87113 (505/ Bureau of Indian Affairs housing office under a Public Law 93– 346–2525). Documents relating to the 638, Indian Self-Determination contract application will be available for public Proposed Agency Information or a Self-Governance annual funding inspection by written request, by Collection Activities; Comment agreement, or the Bureau of Indian appointment only, during normal Request Affairs. Additionally, the data is used by business hours (8:00 to 4:30) at the U.S. the Assistant Secretary—Indian Affairs Fish and Wildlife Service, New Mexico AGENCY: Bureau of Indian Affairs, to establish whether a request for waiver Ecological Services Field Office, Interior. of a specific housing regulation is in the Albuquerque, New Mexico. ACTION: Notice. best interest of the applicant and the Written data or comments concerning Federal Government. SUMMARY: This notice announces that the application and SHA should be III. Data submitted to the Field Supervisor, U.S. the Information Collection Request for Fish and Wildlife Service, New Mexico the Housing Assistance Application (1) Title of the Collection of Ecological Services Field Office, requires renewal. The proposed Information: Department of the Interior, Albuquerque, New Mexico, at the above information collection requirement, Bureau of Indian Affairs, Housing address. Please refer to permit number with no appreciable changes, described Assistance Application. TE–035920–0 (Paterson) when below will be submitted to the Office of OMB Number: 1076–0084. submitting comments. Management and Budget (OMB) for Expiration Date: September 30, 2001. FOR FURTHER INFORMATION CONTACT: review after a public comment period, Type of Review: Renewal of a Denise Smith at the above U.S. Fish and as required by the Paperwork Reduction currently approved information Wildlife Service, New Mexico Act of 1995. The Bureau is soliciting collection. Ecological Services Field Office, public comments on the subject (2) Summary of the Collection of Albuquerque, New Mexico (505) 346– proposal. Information: The collection of 2525. DATES: Written comments must be information provides pertinent data concerning an applicant’s eligibility to SUPPLEMENTARY INFORMATION: submitted on or before July 9, 2001. receive services under the Housing ADDRESSES: Interested parties are Background Improvement Program and includes: invited to submit written comments A. Applicant Information including: Caroline H. and Thomas W. Paterson regarding this proposal. Comments Name, Current Address, Telephone (Applicants) plan to implement should refer to the proposal by name Number, Date of Birth, Tribe, Roll conservation measures on Spur Ranch, and/or OMB Control Number and Number, Marital Status, Name of a 309 acre parcel of land northeast of should be sent to June Henkel, Bureau Spouse, Date of Birth (of spouse), Tribe Luna, Catron County, New Mexico. The of Indian Affairs, Department of the (of spouse), and Roll Number (of conservation measures will improve Interior, 1849 C Street, NW, MS–4660– Spouse). riverine, riparian, and upland habitat MIB, Washington, DC 20240. E-mail through improving water quality, should be sent to [email protected]. B. Family Information including: reducing sedimentation, and Fax: (202) 208–2648. Telephone: (202) Name, Date of Birth, Relationship to establishment of native riparian 208–3667. (This is not a toll-free Applicant, and Tribe/Roll Number. vegetation. The SHA as currently number.) C. Income Information: Earned and written is expected to provide a net Unearned Income. conservation benefit to the five species FOR FURTHER INFORMATION CONTACT: D. Housing Information including: for which it is written. The SHA will Requests for additional information or Location of the house to be repaired, provide protection to the Applicants copies of the information collection constructed or purchased; Description against further regulation under the instructions should be directed to June of housing assistance for which Endangered Species Act in the event Henkel, 202–208–3667. applying; Knowledge of receipt of prior that any of the covered species should SUPPLEMENTARY INFORMATION: Housing Improvement Program occupy the Patersons’ land as a result of assistance, amount, to whom and when; I. Abstract implementation of the proposed Ownership or rental; Availability of conservation measures. The information is needed to establish electricity and name of electric Section 9 of the Act prohibits the whether an applicant is eligible to company; Type of sewer system; Water ‘‘taking’’ of threatened or endangered receive services under the HIP and to source; Number of bedrooms; Size of species. However, the Service, under establish the priority order in which house; and, Bathroom facilities.
VerDate 11
E. Land Information including: Land eligibility and priority ranking and DEPARTMENT OF THE INTERIOR owner; Legal status of land; or Type of summarizing data for submission. interest in land. Estimated Total Record Keeping Bureau of Land Management Burden: 156 hours. F. General Information including: [CO–930; COC–48469] Prior receipt of services under the Estimated Total Record Keeping × Housing Improvement Program and Costs: $2,431 (117.5 hours $20.69 per Public Land Order No. 7485; Extension description of such; Ownership of other hour). of Public Land Order No. 6846; CO housing and description of such, IV. Request for Comments Identification of Housing and Urban AGENCY: Bureau of Land Management, Development (HUD) funded house and The Department of the Interior invites Interior. comment on: current status of project; Identification ACTION: Public land order. (a) Whether the collection of of other sources of housing assistance information is necessary for the proper for which the applicant has applied and SUMMARY: This order extends Public performance of the functions of the been denied assistance if applying for a Land Order No. 6846 for an additional agency, including whether the new housing unit or purchase of an 10-year period. This extension is information will have practical utility; necessary to continue the protection of existing standard unit; and advisement (b) The accuracy of the agency’s and description of any severe health the Wild and Scenic River values in the estimate of the burden (including hours South Platte River. These lands have problem, handicap or permanent and cost) of the proposed collection of disability. been and will remain open to mineral information, including the validity of leasing. G. Applicant Certification including: the methodology and assumptions used; Signature of Applicant and Date, and (c) Ways to enhance the quality, EFFECTIVE DATE: April 12, 2001. Signature of Spouse and Date. utility, and clarity of the information to FOR FURTHER INFORMATION CONTACT: (3) Description of the need for the be collected; and, Doris E. Chelius, BLM Colorado State information and proposed use of the (d) Ways to minimize the burden of Office, 2850 Youngfield Street, information: Submission of this the collection of information on those Lakewood, Colorado 80215–7093, 303– information is required in order to who are to respond, including through 239–3706. receive services under the Housing the use of appropriate automated, By virtue of the authority vested in Improvement Program. The information electronic, mechanical, or other the Secretary of the Interior by Section is collected to determine applicant collection techniques or other forms of 204 of the Federal Land Policy and eligibility for services and applicant information technology. Management Act of 1976, 43 U.S.C. priority order to receive services under Burden means the total time, effort, or 1714 (1994), it is ordered as follows: the program. financial resources expended by persons 1. Public Land Order No. 6846, which (4) Description of likely respondents, to generate, maintain, retain, or disclose withdrew National Forest System lands including the estimated number of likely or provide information to or for a to protect the Wild and Scenic River respondents, and proposed frequency of Federal agency. This includes the time values in a 9-mile segment of the South response to the collection of needed to review instructions; to Platte River corridor, is hereby extended information: develop, acquire, install and utilize for an additional 10-year period Description of likely respondents: technology and systems for the purpose following its date of expiration. Individual members of Indian tribes of collecting, validating, and verifying 2. This withdrawal will expire 10 who are living on or near a tribally, or information; to train personnel and to be years from the effective date of this by law, defined service area. able to respond to a collection of order unless, as a result of a review Estimated number of respondents: information, to search data sources, to conducted prior to the expiration date complete and review the collection of 3,500. pursuant to Section 204(f) of the Federal information; and, to transmit or Proposed frequency of response: Land Policy and Management Act of otherwise disclose information. Annually or less frequently, depending 1976, 43 U.S.C. 1714(f) (1994), the on length of waiting list, funding Comments submitted in response to this notice will be summarized and/or Secretary determines that the availability and dynamics of service withdrawal shall be extended. population. included in the request for OMB Dated: April 12, 2001. (5) Estimate of total annual reporting approval of this information collection; and record keeping burden that will they will also become a matter of public Gale A. Norton, result from the collection: record. All written comments will be Secretary of the Interior. Estimated time per application: The available for public inspection in Room [FR Doc. 01–11739 Filed 5–9–01; 8:45 am] 4660 of the Main Interior Building, 1849 reporting burden for this applicant is BILLING CODE 3410–11–P C Street, NW, Washington, DC, from estimated to average 1⁄2 hour per 9:00 a.m. until 4:00 p.m., Monday response, including the time for through Friday, excluding legal reviewing the instructions, gathering INTERNATIONAL TRADE holidays. An agency may not conduct or and maintaining the data, and COMMISSION sponsor, and a person is not required to completing and reviewing the form. respond to a collection of information Estimated Total Annual Reporting Investigations Nos. 731–TA–726, 727, unless it displays a currently valid Burden Hours: 1,750 hours. and 729 (Review) Office of Management and Budget Estimated record keeping burden per control number. application: The record keeping burden Polyvinyl Alcohol From China, Japan, for tribes submitting eligible applicant Dated: April 30, 2001. and Taiwan James H. McDivitt, data and not having or receiving funds AGENCY: United States International to administer the program is estimated Deputy Assistant Secretary—Indian Affairs Trade Commission. to average 1⁄2 hour per application, (Management). ACTION: Termination of five-year including the time for reviewing the [FR Doc. 01–11752 Filed 5–9–01; 8:45 am] reviews. application, determining applicant BILLING CODE 4310–02–P
VerDate 11
SUMMARY: The subject five-year reviews ACTION: Scheduling of the final phase of SUPPLEMENTARY INFORMATION: were initiated in April 2001 to countervailing duty and antidumping Background determine whether revocation of the investigations. antidumping duty orders on polyvinyl The final phase of these investigations alcohol from China, Japan, and Taiwan SUMMARY: The Commission hereby gives is being scheduled as a result of would be likely to lead to continuation notice of the scheduling of the final affirmative preliminary determinations or recurrence of dumping and of phase of countervailing duty by the Department of Commerce that material injury to a domestic industry. investigations Nos. 701–TA–404–408 certain benefits which constitute On May 3, 2001, the Department of (Final) under section 705(b) of the Tariff subsidies within the meaning of section Commerce published notice that it was Act of 1930 (19 U.S.C. § 1671d(b)) (the 703 of the Act (19 U.S.C. 1671b) are revoking the orders ‘‘[b]ecause no Act) to determine whether an industry being provided to manufacturers, domestic interested party responded to in the United States is materially producers, or exporters in Argentina, the sunset review notice of initiation by injured or threatened with material India, Indonesia, South Africa, and the applicable deadline’’ (66 FR 22145). injury, or the establishment of an Thailand of hot-rolled steel products, Accordingly, pursuant to section 751(c) industry in the United States is and that such products from Argentina, of the Tariff Act of 1930 (19 U.S.C. materially retarded, by reason of China, India, Indonesia, Kazakhstan, § 1675(c)), the subject reviews are subsidized imports from Argentina, Netherlands, Romania, South Africa, terminated. India, Indonesia, South Africa, and Taiwan, Thailand, and Ukraine are Thailand of hot-rolled steel products, being sold in the United States at less EFFECTIVE DATE: May 3, 2001. provided for in headings 7208, 7210, than fair value within the meaning of FOR FURTHER INFORMATION CONTACT: Vera 7211, 7212, 7225, and 7226 of the section 733 of the Act (19 U.S.C. 1673b). Libeau (202–205–3176), Office of Harmonized Tariff Schedule of the The investigations were requested in a Investigations, U.S. International Trade United States. Notice is also hereby petition filed on November 13, 2000, by Commission, 500 E Street SW, given of the scheduling of the final Bethlehem Steel Corp. (Bethlehem, PA); Washington, DC 20436. Hearing- phase of antidumping investigations Gallatin Steel Corp. (Ghent, KY); IPSCO impaired individuals are advised that Nos. 731–TA–898–908 (Final) under Steel, Inc. (Lisle, IL); LTV Steel Co., Inc. information on this matter can be section 735(b) of the Act (19 U.S.C. (Cleveland, OH); National Steel Corp. obtained by contacting the § 1673d(b)) to determine whether an (Mishawaka, IN); Nucor Corp. Commission’s TDD terminal on 202– industry in the United States is (Darlington, SC); Steel Dynamics, Inc. 205–1810. Persons with mobility materially injured or threatened with (Butler, IN); U.S. Steel Group (a unit of impairments who will need special material injury, or the establishment of USX Corp.) (Pittsburgh, PA); Weirton assistance in gaining access to the an industry in the United States is Steel Corp. (Weirton, WV); and the Commission should contact the Office materially retarded, by reason of less- Independent Steel Workers Union, a of the Secretary at 202–205–2000. than-fair-value imports from Argentina, labor union representing the organized General information concerning the China, India, Indonesia, Kazakhstan, workers at Weirton Steel Corp. Commission may also be obtained by Netherlands, Romania, South Africa, Participation in the Investigations and accessing its internet server (http:// Taiwan, Thailand, and Ukraine of hot- Public Service List www.usitc.gov). The public record for rolled steel products. this investigation may be viewed on the For further information concerning Persons, including industrial users of Commission’s electronic docket (EDIS- the conduct of this phase of the the subject merchandise and, if the ON-LINE) at http://dockets.usitc.gov/ investigations, hearing procedures, and merchandise is sold at the retail level, eol/public rules of general application, consult the representative consumer organizations, wishing to participate in the final phase Authority: These reviews are being Commission’s Rules of Practice and terminated under authority of title VII of the Procedure, part 201, subparts A through of these investigations as parties must Tariff Act of 1930; this notice is published E (19 CFR part 201), and part 207, file an entry of appearance with the pursuant to section 207.69 of the subparts A and C (19 CFR part 207). Secretary to the Commission, as Commission’s rules (19 CFR 207.69). provided in section 201.11 of the EFFECTIVE DATE: April 30, 2001. Issued: May 4, 2001. Commission’s rules, no later than 21 FOR FURTHER INFORMATION CONTACT: days prior to the hearing date specified By order of the Commission. Mary Messer (202–205–3193), Office of in this notice. A party that filed a notice Donna R. Koehnke, Investigations, U.S. International Trade of appearance during the preliminary Secretary. Commission, 500 E Street SW., phase of the investigations need not file [FR Doc. 01–11845 Filed 5–9–01; 8:45 am] Washington, DC 20436. Hearing- an additional notice of appearance BILLING CODE 7020–02–P impaired persons can obtain during this final phase. The Secretary information on this matter by contacting will maintain a public service list the Commission’s TDD terminal on 202– containing the names and addresses of INTERNATIONAL TRADE 205–1810. Persons with mobility all persons, or their representatives, COMMISSION impairments who will need special who are parties to the investigations. assistance in gaining access to the [Investigations Nos. 701–TA–404–408 Commission should contact the Office Limited Disclosure of Business (Final) and 731–TA–898–908 (Final)] of the Secretary at 202–205–2000. Proprietary Information (BPI) Under an General information concerning the Administrative Protective Order (APO) Hot-Rolled Steel Products From and BPI Service List Argentina, China, India, Indonesia, Commission may also be obtained by Kazakhstan, Netherlands, Romania, accessing its internet server (http:// Pursuant to section 207.7(a) of the South Africa, Taiwan, Thailand, and www.usitc.gov). The public record for Commission’s rules, the Secretary will Ukraine these investigations may be viewed on make BPI gathered in the final phase of the Commission’s electronic docket these investigations available to AGENCY: United States International (EDIS–ON–LINE) at http:// authorized applicants under the APO Trade Commission. dockets.usitc.gov/eol/public. issued in the investigations, provided
VerDate 11
that the application is made no later has not entered an appearance as a party helps to ensure that requested data can than 21 days prior to the hearing date to the investigations may submit a be provided in the desired format, specified in this notice. Authorized written statement of information reporting burden (time and financial applicants must represent interested pertinent to the subject of the resources) is minimized, collection parties, as defined by 19 U.S.C. 1677(9), investigations on or before July 24, instruments are clearly understood, and who are parties to the investigations. A 2001. On August 13, 2001, the the impact of collection requirements on party granted access to BPI in the Commission will make available to respondents can be properly assessed. preliminary phase of the investigations parties all information on which they Currently, the Employment and need not reapply for such access. A have not had an opportunity to Training Administration is soliciting separate service list will be maintained comment. Parties may submit final comments concerning the proposed by the Secretary for those parties comments on this information on or extension collection of the ETA–5130 authorized to receive BPI under the before August 15, 2001, but such final Benefit Appeals Report. A copy of the APO. comments must not contain new factual proposed information collection request information and must otherwise comply Staff Report can be obtained by contacting the office with section 207.30 of the Commission’s listed below in the addressee section of The prehearing staff report in the final rules. All written submissions must this notice. phase of these investigations will be conform with the provisions of section DATES: Written comments must be placed in the nonpublic record on July 201.8 of the Commission’s rules; any submitted to the office listed in the 5, 2001, and a public version will be submissions that contain BPI must also addressee section below on or before issued thereafter, pursuant to section conform with the requirements of July 9, 2001. 207.22 of the Commission’s rules. sections 201.6, 207.3, and 207.7 of the ADDRESSES: Jack Bright, Office of Hearing Commission’s rules. The Commission’s rules do not authorize filing of Workforce Security, Employment and The Commission will hold a hearing submissions with the Secretary by Training Administration, U.S. in connection with the final phase of facsimile or electronic means. Department of Labor, Room S–4516, 200 these investigations beginning at 9:30 In accordance with sections 201.16(c) Constitution Avenue, NW., Washington, a.m. on July 17, 2001, at the U.S. and 207.3 of the Commission’s rules, DC 20210, telephone number (202) 693– International Trade Commission each document filed by a party to the 3214 (this is not a toll-free number). Building. Requests to appear at the investigations must be served on all SUPPLEMENTARY INFORMATION: hearing should be filed in writing with other parties to the investigations (as the Secretary to the Commission on or identified by either the public or BPI I. Background before July 11, 2001. A nonparty who service list), and a certificate of service The ETA–5130, Benefit Appeals has testimony that may aid the must be timely filed. The Secretary will Commission’s deliberations may request Report, contains information on the not accept a document for filing without number of unemployment insurance permission to present a short statement a certificate of service. at the hearing. All parties and appeals and the resultant decisions nonparties desiring to appear at the Authority: These investigations are being classified by program, appeals level, conducted under authority of title VII of the hearing and make oral presentations cases filed and disposed of (workflow), Tariff Act of 1930; this notice is published and decisions by level, appellant and should attend a prehearing conference pursuant to section 207.21 of the to be held at 9:30 a.m. on July 13, 2001, issue. The data on this report is used by Commission’s rules. both the Regional and National Office at the U.S. International Trade By order of the Commission. Commission Building. Oral testimony Unemployment Insurance staff to Issued: May 7, 2001. and written materials to be submitted at monitor the benefit appeals process in the public hearing are governed by Donna R. Koehnke, the State Employment Security sections 201.6(b)(2), 201.13(f), and Secretary. Agencies (SESAs) and to develop any 207.24 of the Commission’s rules. [FR Doc. 01–11846 Filed 5–9–01; 8:45 am] needed plans for remedial action. The Parties must submit any request to BILLING CODE 7020–02–P data is also needed for workload present a portion of their hearing budgeting and to determine testimony in camera no later than 7 administrative funding. If this days prior to the date of the hearing. DEPARTMENT OF LABOR information were not available, developing problems might not be Written Submissions Employment and Training discovered early enough to prevent the Each party who is an interested party Administration solutions from being extremely time shall submit a prehearing brief to the consuming and costly. Commission. Prehearing briefs must ETA–5130 Benefit Appeals Report; Nearly all States now collect, store conform with the provisions of section Comment Request and report this data with automated systems. Consequently, the burden 207.23 of the Commission’s rules; the ACTION: Notice. deadline for filing is July 11, 2001. hours and burden costs for operation Parties may also file written testimony SUMMARY: The Department of Labor, as and maintenance have been reduced in connection with their presentation at part of its continuing effort to reduce accordingly. the hearing, as provided in section paperwork and respondent burden, II. Review Focus 207.24 of the Commission’s rules, and conducts a preclearance consultation posthearing briefs, which must conform program to provide the general public The Department of Labor is with the provisions of section 207.25 of and Federal agencies with an particularly interested in comments the Commission’s rules. The deadline opportunity to comment on proposed which: for filing posthearing briefs is July 24, and/or continuing collections of • Evaluate whether the proposed 2001; witness testimony must be filed information in accordance with the collection of information is necessary no later than three days before the Paperwork Reduction Act of 1995 [44 for the proper performance of the hearing. In addition, any person who U.S.C. 3506(c)(2)(A)]. This program functions of the agency, including
VerDate 11
whether the information will have conference call for a working group of Signed in Washington, DC, on May 7, 2001. practical utility; NCD’s advisory committee— Ethel D. Briggs, • Evaluate the accuracy of the International Watch. Notice of this Executive Director. agency’s estimate of the burden of the meeting is required under Section [FR Doc. 01–11807 Filed 5–9–01; 8:45 am] proposed collection of information, 10(a)(1)(2) of the Federal Advisory BILLING CODE 6820–MA–M including the validity of the Committee Act (Pub. L. 92–463). methodology and assumptions used; • Enhance the quality, utility, and INTERNATIONAL WATCH: The purpose of clarity of the information to be NCD’s International Watch is to share NUCLEAR REGULATORY collected; and information on international disability COMMISSION • Minimize the burden of the issues and to advise NCD’s Foreign Policy Team on developing policy Advisory Committee on Reactor collection of information on those who Safeguards Advanced Reactor are to respond, including through the proposals that will advocate for a foreign policy that is consistent with the Subcommittee Workshop on use of appropriate automated, Regulatory Challenges for Future electronic, mechanical, or other values and goals of the Americans with Disabilities Act. Nuclear Power Plants; Notice of technological collection techniques or Meeting other forms of information technology, WORK GROUP: International Convention e.g., permitting electronic submissions on the Human Rights of People with The ACRS Subcommittee on of responses. Disabilities. Advanced Reactors will hold a meeting III. Current Actions on June 4–5, 2001 in the NRC DATE AND TIME: May 30, 2001, 12 p.m.– Auditorium in Two White Flint North, Continued collection of the ETA–5130 1 p.m. EDT. 11545 Rockville Pike, Rockville, data will provide for continuous FOR INTERNATIONAL WATCH INFORMATION, Maryland. monitoring of the SESAs appellate CONTACT: Kathleen A. Blank, Attorney/ The Subcommittee will discuss processes and needed data for the Program Specialist, NCD, 1331 F Street matters related to regulatory challenges budgeting and administrative funding NW., Suite 1050, Washington, DC for future nuclear power plants. The activities. The data is collected monthly 20004; 202–272–2004 (Voice), 202–272– Subcommittee meeting will be so that developing backlogs of 2074 (TTY), 202–272–2022 (Fax), conducted as a workshop, with undecided appeals can be detected as [email protected] (e-mail). presentations, panel discussions, and early as possible. participation by the workshop Type of Review: Extension. AGENCY MISSION: NCD is an independent attendees. The meeting schedule is as Agency: Employment and Training federal agency composed of 15 members follows: Administration. appointed by the President of the Title: Benefit Appeals Report. United States and confirmed by the U.S. Monday, June 4, 2001—9 a.m. to 7 p.m. OMB Number: 1205–0172. Senate. Its overall purpose is to promote Agency Number: ETA–5130. 1. Introduction—G. Apostolakis and T. Kress: policies, programs, practices, and 9 a.m.–9:15 a.m. Affected Public: State Governments. procedures that guarantee equal 2. Keynote Address by Commissioner Nils Total Respondents: 53. opportunity for all people with Diaz: 9:15 a.m.–10 a.m. Frequency: Monthly. disabilities, regardless of the nature of Break—10 a.m.–10:15 a.m. Total Responses: 636. 3. DOE Presentations Average Time per Response: 1 hour. severity of the disability; and to empower people with disabilities to Overview and Introduction to Generation Estimated Total Burden Hours: 636 IV Initiative—W. Magwood, DOE: 10:15 hours. achieve economic self-sufficiency, a.m.–10:40 a.m. Total Burden Cost (capital/startup): 0. independent living, and inclusion and Generation IV Goals and Roadmap Effort— Total Burden Cost (operating/ integration into all aspects of society. R. Versluis, DOE: 10:40 a.m.–11 a.m. maintaining): $15,900. This committee is necessary to Near-Term Deployment Efforts—T. Miller, Comments submitted in response to provide advice and recommendations to DOE: 11 a.m.—11:25 a.m. this comment request will be NCD on international disability issues. Generation IV Concepts—R. Versluis, DOE: summarized and/or included in the 11:25 a.m.–11:40 a.m. We currently have balanced Next Steps Generation III+/IV—S. Johnson, request for Office of Management and membership representing a variety of DOE: 11:40 a.m.–12 p.m. Budget approval of the information disabling conditions from across the Lunch—12 p.m–1 p.m. collection request; they will also United States. 4. Generation IV Design Concepts become a matter of public record. Pebble Bed Modular Reactor—J. Muntz, Dated: May 1, 2001. OPEN MEETINGS/CONFERENCE CALLS: This Exelon: 1 p.m.–1:45 p.m. advisory committee meeting/conference International Reactor Innovative and Grace A. Kilbane, call of NCD will be open to the public. Secure—M. Carelli, Westinghouse: 1:45 Administrator, Office of Workforce Security. However, due to fiscal constraints and p.m.–2:30 p.m. [FR Doc. 01–11796 Filed 5–9–01; 8:45 am] staff limitations, a limited number of General Atomic-Gas Turbine/Modular BILLING CODE 4510–30–P Helium Reactor—L. Parme, General additional lines will be available. Atomics: 2:30 p.m.–3:15 p.m. Individuals can also participate in the Break—3:15 p.m.–3:30 p.m. conference call at the NCD office. Those General Electric-Advanced Liquid Metal NATIONAL COUNCIL ON DISABILITY interested in joining this conference call Reactor and ESBWR designs—C. should contact the appropriate staff Boardman, General Electric: 3:30 p.m.– Advisory Committee Meeting/ member listed above. 4:15 p.m. Conference Call 5. NRC Presentations Records will be kept of all NRC Response to Commission Direction on AGENCY: National Council on Disability International Watch meetings/ Evaluation of NRC Licensing (NCD). conference calls and will be available Infrastructure (NRR/RES/NMSS)—M. SUMMARY: This notice sets forth the after the meeting for public inspection Gamberoni, NRC–NRR: 4:15 p.m.–5:15 schedule of the forthcoming meeting/ at NCD. p.m.
VerDate 11
Planned RES Activities—A. Thadani, SECURITIES AND EXCHANGE Washington, DC 20503; and (ii) Michael NRC–RES: 5:15 p.m.–6 p.m. COMMISSION E. Bartell, Associate Executive Director, 6. Panel Discussion on Industry and NRC Office of Information Technology, Licensing Infrastructure Needed for Submission for OMB Review; Securities and Exchange Commission, Generation IV Reactors: 6 p.m.–7 p.m. Comment Request 450 Fifth Street, NW., Washington, DC Panelists: A. Thadani, NRC, S. Johnson, 20549. Comments must be submitted to DOE, J. Muntz, Exelon, M. Carelli, Upon Written Request; Copies Available OMB within 30 days of this notice. Westinghouse, L. Parme, General From: Securities and Exchange Commission, Office of Filings and Dated: May 3, 2001. Atomics, C. Boardman, General Electric Information Services, Washington, DC Margaret H. McFarland, Tuesday, June 5, 2001–8:30 a.m. to 6:45 p.m. 20549 Deputy Secretary. 1. Introduction—G. Apostolakis and T. Kress: Extension: [FR Doc. 01–11798 Filed 5–9–01; 8:45 am] 8:30 a.m.–8:45 a.m. Form S–3, OMB Control No. 3235–0073, BILLING CODE 8010–01–M 2. NEI Advanced Reactors Initiatives— SEC File No. 270–61 Presentation by R. Simard, NEI: 8:45 Form S–8, OMB Control No. 3235–0066, SEC File No. 270–66 a.m.–9:30 a.m. SECURITIES AND EXCHANGE 3. Technical Presentations: 9:30 a.m.–4 p.m. Notice is hereby given that, pursuant COMMISSION Safety Goals for Future Nuclear Power to the Paperwork Reduction Act of 1995 [Release No. 35–27395] Plants—N. Todreas, MIT: 9:30 a.m.– (44 U.S.C. 3501 et seq.) the Securities 10:30 a.m. and Exchange Commission Filings Under the Public Utility Holding Break—10:30 a.m.–10:45 a.m. (‘‘Commission’’) has submitted to the Company Act of 1935, as Amended Future Reactor Licensing by Test—A. Office of Management and Budget (‘‘Act’’) Kadak, MIT: 10:45 a.m.–11:45 a.m. requests for extension of the previously NERI Project on Risk-Informed approved collections of information May 4, 2001. Regulation—G. Davis, Westinghouse and discussed below. Notice is hereby given that the M. Golay, MIT: 11:45 a.m.–12:45 p.m. Form S–3 is used by issuers to register following filing(s) has/have been made Lunch—12:45 p.m.–2 p.m. securities pursuant to the Securities Act with the Commission pursuant to Advanced Safety Concepts—C. Forsberg, of 1933. The Commission uses very provisions of the Act and rules ORNL: 2 p.m.–3 p.m. little of the information it collects, promulgated under the Act. All Regulatory Framework for Future Nuclear except on an occasional basis in the interested persons are referred to the Power Plants—A. Heymer, NEI: 3 p.m.– enforcement of the securities laws. The application(s) and/or declaration(s) for 4 p.m. likely respondents will be companies. complete statements of the proposed Break—4 p.m.–4:15 p.m. The information must be filed with the transaction(s) summarized below. The 4. ACRS and Panel Discussion with Audience Commission on occasion. Form S–3 is a application(s) and/or declaration(s) and Participation The Most Important public document. All information any amendment(s) is/are available for Regulatory Challenges for the Licensing provided is mandatory. Approximately public inspection through the of Future Nuclear Power Plants: 4:15 3,483 issuers file Form S–3 at an Commission’s Branch of Public p.m.–6:30 p.m. estimated 398 hours per response for a Reference. Panelists: N. Todreas, MIT, R. Barrett, NRR, total annual burden of 1,385,934 hours. Interested persons wishing to E. Lyman, NCI, R. Simard, NEI Form S–8 is a primary registration comment or request a hearing on the 5. Conclusions—Apostolakis, Kress, et al: statement used by qualified registrants application(s) and/or declaration(s) 6:30 p.m.–6:45 p.m. to register securities issuers in should submit their views in writing by The meeting schedule and scheduled connection with employee benefit May 29, 2001, to the Secretary, speakers is subject to change as plans. Form S–8 provides verification of Securities and Exchange Commission, necessary. Further information compliance with securities law Washington, DC 20549–0609, and serve requirements and assures the public regarding topics to be discussed, a copy on the relevant applicant(s) and/ availability and dissemination of such whether the meeting has been canceled or declarant(s) at the address(es) information. The likely respondents will or rescheduled, and the Chairman’s specified below. Proof of service (by be companies. The information must be affidavit or, in the case of an attorney at ruling on requests for the opportunity to filed with the Commission on occasion. law, by certificate) should be filed with present oral statements and the time Form S–8 is a public document. All the request. Any request for hearing allotted therefor, can be obtained by information provided is mandatory. should identify specifically the issues of contacting the cognizant ACRS staff Approximately 1,660 issuers file Form facts or law that are disputed. A person engineer, Dr. Medhat M. El-Zeftawy S–8 at an estimated 24 hours per who so requests will be notified of any (telephone 301–415–6889) between 7:30 response for a total annual burden of hearing, if ordered, and will receive a a.m. and 4:15 p.m. (EDT). Persons 39,840 hours. copy of any notice or order issued in the planning to attend this meeting are An agency may not conduct or matter. After May 29, 2001, the urged to contact the above named sponsor, and a person is not required to application(s) and/or declaration(s), as individual one or two working days respond to, a collection of information filed or as amended, may be granted prior to the meeting to be advised of any unless it displays a currently valid and/or permitted to become effective. potential changes to the agenda, etc., control number. Alabama Power Company et al. (70– that may have occurred. Written comments regarding the above information should be directed to 8461) Dated: May 4, 2001. the following persons: (i) Desk Officer Alabama Power Company Howard J. Larson, for the Securities and Exchange (‘‘Alabama’’), 600 North 18th Street, Special Assistant, ACRS/ACNW. Commission, Office of Information and Birmingham, Alabama 35291, Georgia [FR Doc. 01–11754 Filed 5–9–01; 8:45 am] Regulatory Affairs, Office of Power Company (‘‘Georiga’’), 333 BILLING CODE 7590–01–P Management and Budget, Room 10102, Piedmont Avenue, N.E., Atlanta, New Executive Office Building, Georgia 30308, Gulf Power Company
VerDate 11
(‘‘Gulf’’), 500 Bayfront Parkway, $50,000,000 in preferred securities that for U.S. treasury securities having Pensacola, Florida 32501, Mississippi through the Authorization Period. comparable maturities,3 and the Power Company (‘‘Mississippi’’), 2992 The Operating Companies will use the maturities of these debt securities would West Beach, Gulfport, Mississippi proceeds from the sale of the preferred not exceed fifty years. Applicants state 39501, and Savannah Electric and securities in connection with their that these additional bonds would be Power Company (‘‘Savannah’’), 600 East ongoing construction programs, to pay issued and sold if market conditions are Bay Street, Savannah, Georgia 31401, scheduled maturities and/or refundings favorable, and the proceeds from these (together, ‘‘Operating Companies’’) all of their securities, to repay short-term sales would be used to retire existing electric public utility subsidiaries of indebtedness to the extent outstanding debt and for purposes previously The Southern Company, a registered and for other general corporate approved by the Commission in the holding company, have filed a post- purposes. Prior Order.4 effective amendment under sections 6(a) National Grid Group plc, et al (70– Applicants also request authority, and 7 of the Act and rule 54 under the 9829) through the Authorization Period, for Act. National Grid and its subsidiaries that By order dated December 7, 1998 National Grid Group plc (‘‘National are outside of the National Grid USA (HCAR No. 26949) (‘‘December 1998 Grid’’), a registered holding company, ownership chain, including National Order’’), Alabama received authority ot located at 15 Marylebone Road, London, Grid Holdings Limited and its direct issue $500,000,000 in preferred NW15JD, United Kingdom, together and indirect subsidiaries (collectively, securities through December 31, 2005. with its direct and indirect registered ‘‘FUCO Subsidiaries’’), to acquire the Alabama has issued $50,000,000 in holding company subsidiaries debt securities of the Intermediate preferred securities under this (‘‘Intermediate Companies’’) National Companies and National Grid USA. The authorization to date. Alabama now Grid (US) Holdings Limited, National intrasystem loans would be unsecured requests an extension of time to issue Grid (US) Investments, both located at and would have short-, medium- and the remaining $450,000,000 in preferred 15 Marylebone Road, London, NW15JD, long-term maturities depending on how securities through June 30, 2007 United Kingdom, National Grid the proceeds would be used. Short-term (‘‘Authorization Period’’). (Ireland) 1 Limited, National Grid loans would be less than one year in (Ireland) 2 Limited, both located at 6 Georgia received authority in the maturity, medium-term loans would Avenue Pasteur, L 2310, Luxembourg, December 1998 Order to issue have maturities up to five years, and National Grid General Partnership, $310,750,000 in preferred securities long-term loans would have maturities located on the 8th Floor of the Oliver through December 31, 2005. Georgia has of up to fifty years. Loans to National Building, 2 Oliver Street, Boston, issued $310,750,000 in preferred Grid USA from any company in the Massachusetts 02109, and National Grid securities under this authorization to National Grid system would be at USA, a registered holding company, a date. Georgia now requests authority to interest rates designed to parallel the direct subsidiary of National Grid issue an additional $389,250,000 for an effective cost of debt capital of National General Partnership and an indirect aggregate amount of $500,000,000 in Grid. Applicants state that the interest subsidiary of the other Intermediate preferred securities and an extension of rates paid by National Grid USA on Companies (collectively, ‘‘Applicants’’), time to issue these securities through these loans should not result in an located at 25 Research Drive, the Authorization Period. increase in the cost of capital used by Westborough, Massachusets 01582, have By order dated January 16, 1998 the National Grid USA group and that, filed an application-declaration under (HCAR No. 26817), Gulf received if it is discovered that this lending rate sections 6(a) 7, 9(a), 10, 12(b) and 12(f) authority to issue $50,000,000 in is higher than the cost of funds National of the Act and rules 45(a) and 54 under preferred securities through December Grid USA would incur in a direct the Act. borrowing at that time from 31, 2005. Gulf has issued $45,000,000 in Applicants request authority for nonassociates, the interest rate applied preferred securities under this National Grid to increase the aggregate to National Grid USA borrowings would authorization to date. Gulf now requests amount of convertible bonds that it may be based on that lower cost of funds. authority to issue an additional issue through May 31, 2003 The maturities of borrowings by the $95,000,000 for an aggregate amount of (‘‘Authorization Period’’) to $2 billion.1 $100,000,000 in preferred securities and Intermediate Companies from National National Grid will continue to maintain Grid or a FUCO Subsidiary may be an extension of time to issue these an overall $4 billion limit on the securities through the Authorization short-, medium- or long-term. All of the securities it issues, excluding proposed borrowings would be Period. guaranties. The convertible bonds Mississippi received authority to unsecured. The proceeds of these loans would be exchangeable into ordinary would be used to meet the short-term issue $75,000,000 in preferred securities shares of other securities.2 Consistent through December 31, 2005. Mississippi working capital requirements of with the terms of the Prior Order, the National Grid USA and its subsidiaries. has not issued any of these securities to interest rate on these debt securities date. Mississippi now requests authority would not exceed 300 basis points over to issue an additional $25,000,000 for an 3 If the debt securities are issued in a non-U.S. currency, the rate would be based on the aggregate of $100,000,000 in preferred 1 By order dated March 15, 2000. The government benchmark for the related currency. securities and an extension of time to Commission authorized National Grid to, among 4 Specifically, Applicants state that National Grid issue these securities through the other things, issue up to $1 billion in convertible would use the proceeds from these sales to acquire, Authorization Period. bonds through the Authorization Period, subject to retire, or redeem securities issued by National Grid the limitation that the aggregate amount at any one or its United States subsidiaries, or for necessary Savannah currently has no authority time outstanding of all its equity and debt securities and urgent corporate purposes such as extending or to issue preferred securities. Savannah will not exceed $4 billion. See National Grid Group renewing debt related to its prior acquisition of received authority under the December plc, HCAR No. 27154 (‘‘Prior Order’’). New England Electric System Merger-Related Debt, 1998 Order to issue $40,000,000 in 2 Applicants state that it is presently intended financing capital expenditures by its subsidiaries, that the bonds would be exchangeable for ordinary financing the working capital requirements of its preferred securities and has issued the shares of Energis plc, a National Grid subsidiary system, acquiring or funding the operations of total amount authorized. Savannah now engaged in telecommunications in the U.K. and exempt wholesale generators and foreign utility requests authority to issue an additional certain other countries. companies.
VerDate 11
Further, Applicants request authority SECURITIES AND EXCHANGE the purpose of, and basis for, the for the Intermediate Companies, through COMMISSION proposed rule change and discussed any comments it received on the proposed the Authorization Period, to enter into [Release No. 34–44256; File No. SR–Amex– currency derivatives with National Grid 2001–24] rule change. The text of these statements and the FUCO Subsidiaries. National may be examined at the places specified Grid represents that these transactions Self-Regulatory Organizations; Notice in Item IV below. The Amex has will meet the criteria established by the of Filing and Immediate Effectiveness prepared summaries, set forth in Financial Accounting Standards Board of a Proposed Rule Change by the sections A, B, and C below, of the most in order to qualify for hedge-accounting American Stock Exchange LLC significant aspects of such statements. treatment, or will so qualify under Relating to Independent Director and A. Self-Regulatory Organization’s generally accepted accounting Audit Committee Requirements Statement of the Purpose of, and principles in the United Kingdom May 3, 2001. Statutory Basis for, the Proposed Rule (‘‘U.K. GAAP’’). If these proposed Change transactions qualify for hedge Pursuant to Section 19(b)(1) of the 1. Purpose accounting treatment under U.K. GAAP, Securities Exchange Act of 1934 1 2 but not under generally accepted (‘‘Act’’) and Rule 19b–4 thereunder, The Exchange is proposing to amend accounting principles in the United notice is hereby given that on April 18, Section 121A of the Amex Company 2001, the American Stock Exchange LLC States (‘‘U.S. GAAP’’), National Grid’s Guide to clarify that each domestic (‘‘Amex’’ or ‘‘Exchange’’) filed with the financial statements filed in accordance listed company is required to have a Securities and Exchange Commission with Form 20–F will contain a sufficient number of independent (‘‘Commission’’) the proposed rule directors on its board of directors to reconciliation of the difference between change as described in Items I, II, and the two methods of accounting satisfy the audit committee III below, which Items have been requirements specified in part B of treatment. National Grid further states prepared by the Amex. The Commission Section 121. Section 121 was amended that no gain or loss on a hedging is publishing this notice to solicit in December 1999 to implement the transaction attributable to a company comments on the proposed rule change recommendations contained in the outside the National Grid USA Group from interested persons. February 1999 report of the Blue Ribbon will be allocated to any company in the Committee on Improving the National Grid USA Group, regardless of I. Self-Regulatory Organization’s Statement of the Terms of Substance of Effectiveness of Corporate Audit the accounting treatment accorded to 3 the Proposed Rule Change Committees which were aimed at the transaction. These proposed strengthening the independence of the derivative transactions are designed to The Amex proposes to amend Section audit committee, making the audit facilitate the equity financing of the 121 of the Amex Company Guide to committee more effective, and Intermediate Companies and clarify that domestic listed companies addressing mechanisms for accommodate foreign exchange hedging. are required to have a sufficient number accountability among the audit Applicants state that losses incurred by of independent directors on their board committee, the outside auditors, and any Intermediate Company in of directors to satisfy the Exchange’s management.4 Section 121, particularly connection with these swaps, and the audit committee. The text of the when analyzed in conjunction with associated tax effects, would not be proposed rule change is set forth below. Section 120 of the Amex Company New text is in italics. transferred down the Intermediate Guide, currently requires the Company chain to National Grid USA, * * * * * independent directors referenced and consequently would not adversely therein to be members of the company’s Section 121. INDEPENDENT DIRECTORS board of directors.5 However, inquiries affect National Grid USA or any of its AND AUDIT COMMITTEE subsidiaries. from several listed companies have led A. Independent Directors the Exchange to conclude that there may The Commission’s equity The Exchange requires that domestic listed be some confusion among the listed capitalization standard and all other companies have a sufficient number of company community with respect to the terms of the Prior Order, with the independent directors on the company’s requirement. Accordingly, to avoid exception of the proposed increase in board of directors to satisfy the audit further confusion, the Exchange is the aggregate amount of convertible committee requirements set forth below. proposing to amend Section 121 to bonds to be issued, would continue to Independent directors are not officers of the clarify that the independent directors apply. company and are, in the view of the must be members of the company’s company’s board of directors, free of any For the Commission, by the Division of relationship that would interfere with the board of directors. Investment Management, pursuant to exercise of independent judgment. The 2. Statutory Basis delegated authority. following persons shall not be considered The Exchange believes that the Margaret H. McFarland, independent: (a)–(e) No change proposed rule change is consistent with Deputy Secretary. * * * * * [FR Doc. 01–11799 Filed 5–9–01; 8:45 am] 3 The Committee’s Report is available online at BILLING CODE 8010–01–M II. Self-Regulatory Organization’s www.amex.com. Statement of the Purpose of, and 4 The audit committee requirements are being Statutory Basis for, the Proposed Rule phased-in over an 18 month period for issuers that were listed on the Amex at the time the changes Change were adopted. In its filing with the Commission, the 5 Section 120 of the Amex Company Guide Amex included statements concerning specifies that ‘‘each company shall utilize [its] Audit Committee or a comparable body of the Board of Directors for the review of potential 1 15 U.S.C. 78s(b)(1). conflict of interest situations where appropriate’’ 2 17 CFR 240.19b–4. (emphasis added).
VerDate 11
Section 6(b)(5) 6 of the Act, which those that may be withheld from the comments it received on the proposed requires, among other things, the public in accordance with the rule change. The text of these statements Exchange’s rules to be designed to provisions of 5 U.S.C. 552, will be may be examined at the places specified prevent fraudulent and manipulative available for inspection and copying in in Item IV below. DTC has prepared acts and practices, to promote just and the Commission’s Public Reference summaries, set forth in sections (A), (B), equitable principles of trade, and, in Room. Copies of the filing will also be and (C) below, of the most significant general, to protect investors and the available for inspection and copying at aspects of these statements. public interest. the principal office of the Amex. All (A) Self-Regulatory Organization’s submissions should refer to the File No. B. Self-Regulatory Organization’s Statement of the Purpose of, and SR–Amex–2001–24 and should be Statement on Burden on Competition Statutory Basis for, the Proposed Rule submitted by May 31, 2001. Change The Exchange does not believe that For the Commission, by the Division of The purpose of the proposed rule the proposed rule change will result in Market Regulation, pursuant to delegated any burden on competition that is not athority.9 change is to provide DTC and NSCC participants who are presently using necessary or appropriate in furtherance Margaret H. McFarland, of the purposes of the Act. NSCC’s foreign securities clearing Deputy Secretary. services the use, if applicable, of C. Self-Regulatory Organization’s [FR Doc. 01–11801 Filed 5–9–01; 8:45 am] depository services at DTC for these Statement on Comments on the BILLING CODE 8010–01–M securities. These securities are generally Proposed Rule Change Received From foreign ordinary equities that have been Members, Participants, or Others assigned security numbers (CINS) and The Exchange did not solicit or SECURITIES AND EXCHANGE NASD symbols to automate the receive written comments on the COMMISSION comparison process. Most trades in proposed rule change. [Release No. 34–44260; File No. SR–DTC– foreign ordinary shares that are 2001–03] executed between two U.S. broker- III. Date of Effectiveness of the dealers are forwarded to NASD’s Proposed Rule Change and Timing for Self-Regulatory Organizations; The Automated Confirmation Transaction Commission Action Depository Trust Company; Notice of system and submitted as locked-in The proposed rule change has become Filing of Proposed Rule Change to trades to NSCC. effective pursuant to Section Make Foreign Securities Eligible for Today, through NSCC’s Foreign 19(b)(3)(A)(i) of the Act 7 and Depository Services Securities Comparison and Netting subparagraph (f)(1) of Rule 19b–4 system, foreign securities are compared May 4, 2001. thereunder 8 because it constitutes as a and netted on a bilateral basis in a stated policy, practice, or interpretation Pursuant to Section 19(b)(1) of the standardized and automated fashion with respect to the meaning, Securities Exchange Act of 1934 through NSCC’s over-the-counter administration, or enforcement of an (‘‘Act’’),1 notice is hereby given that on, system. Receive and deliver instructions existing rule of the Exchange. At any February 23, 2001, The Depository Trust are automatically generated by NSCC time within 60 days of the filing of such Company (‘‘DTC’’) filed with the and are distributed to participants on proposed rule change, the Commission Securities and Exchange Commission the morning after comparison, which may summarily abrogate such rule (‘‘Commission’’) the proposed rule expedites the settlement process for change if it appears to the Commission change as described in Items I, II, and non-U.S. equity transactions. Trades are that such action is necessary or III below, which items have been netted on a bilateral participant-to- appropriate in the public interest, for prepared primarily by DTC. The participant basis thereby reducing the the protection of investors, or otherwise Commission is publishing this notice to number of deliveries for settlement in in the furtherance of the Act. solicit comments on the proposed rule the local market. NSCC does not change from interested parties. currently and will not under the IV. Solicitation of Comments proposed rule change guarantee the Interested persons are invited to I. Self-Regulatory Organization’s ultimate settlement of these transactions submit written data, views, and Statement of the Terms of Substance of or the clearance cash adjustment. arguments concerning the foregoing, the Proposed Rule Change Given the increase in activity over the including whether the proposed rule The proposed rule change would last few years, U.S. broker-dealers have change is consistent with the Act. allow DTC to make eligible for become concerned about the number of Persons making written submissions depository services foreign securities potential risk and operational issues should file six copies thereof with the that are presently eligible for the associated with the current process, Secretary, Securities and Exchange National Securities Clearing such as the lack of straight through Commission, 450 Fifth Street, NW., Corporation’s (‘‘NSCC’’) foreign security processing (‘‘STP’’) from the point of Washington, DC 20549–0609. Copies of comparison and netting service. trade to settlement. It is DTC’s plan to the submission, all subsequent enhance the settlement part of the II. Self-Regulatory Organization’s amendments, all written statements process and to deliver an automated Statement of the Purpose of, and with respect to the proposed rule approach to complete the STP process Statutory Basis for, the Proposed Rule change that are filed with the from trade to settlement. In doing so, Change Commission, and all written many operational issues will be communications relating to the In its filing with the Commission, minimized or eliminated. proposed rule change between the DTC included statements concerning Today, there is a separation between Commission and any person, other than the purpose of and basis for the the physical movement of these foreign proposed rule change and discussed any securities and the money settlement of 6 15 U.S.C. 78f(b)(5). the trades (i.e., there is no delivery 7 15 U.S.C. 78s(b)(3)(A)(i). 9 17 CFR 200.30–3(a)(12) versus payment (‘‘DVP’’) as there is true 8 17 CFR 240.19b–4(f)(1). 1 15 U.S.C. 78s(b)(1). for U.S. trades). The delivery of the
VerDate 11
securities occurs in the foreign markets securities once they are made DTC III. Date of Effectiveness of the and then some time later the payment eligible. Proposed Rule Change and Timing for is made in the U.S. The DTC Risk Management Commission Action Currently, trades in these foreign Committee will review this service securities executed in the U.S. must Within thirty-five days of the date of before DTC goes live with it. The publication of this notice in Federal settle in the local market without the committee will use the same due benefit of any of DTC’s infrastructure. Register or within such longer period: diligence template that it has used on all (i) As the Commission may designate up Therefore, U.S. based broker-dealers ‘‘outward bound’’ links with foreign to ninety days of such date if it finds who trade in foreign securities in the CSDs. U.s. must set up correspondent such longer period to be appropriate relationships in the local market. The principal benefits that will attend and publishes its reasons for so finding Additionally, the U.S. broker-dealers DTC’s making these foreign securities or (ii) as to which DTC consents, the must each deal separately with the eligible for certain depository services Commission will: are: (1) connecting the delivery to the inherent inefficiencies, such as large (A) By order approve such proposed settlement on a DVP basis; (2) time-zone differences, in this structure. rule change or Also, the need to set up such accelerating the speed of settlement of correspondent relationships puts cross-border transactions in these (B) Institute proceedings to determine smaller broker-dealers at a disadvantage foreign securities; (3) eliminating most whether the proposed rule change because many smaller broker-dealers do physical movements of these foreign should be disapproved. not have the resources or trading securities; (4) reducing costs and risks to IV. Solicitation of Comments volumes to justify such relationships DTC participants (DTC’s providing these and therefore must enlist a large broker- benefits to its participants is consistent Interested persons are invited to dealer to perform such services for their with DTC’s objective of providing submit written data, views, and clients. As a result, trading costs for the efficient book-entry clearance and arguments concerning the foregoing, underlying investors are increased. settlement facilities while at the same including whether the proposed rule DTC’s plan is to open a custodial time reducing risks to its participants.); change is consistent with the Act. account in a local market with an agent and (5) making these services available Persons making written submissions bank or central securities depository to a large number of U.S. entities (i.e., should file six copies thereof with the (‘‘CSD’’) (collectively ‘‘custodian’’) that DTC participants and their clients and Secretary, Securities and Exchange will hold shares on DTC’s behalf. DTC’s customers). Commission, 450 Fifth Street, N.W., participants will be able to The proposed rule change is Washington, D.C. 20549–0609. Copies of communicate with DTC with respect to consistent with the requirements of the submission, all subsequent foreign securities as they do today with Section 17A(b)(3)(A) and (F) of the Act amendments, all written statements respect to currently eligible U.S. and the rules and regulations with respect to the proposed rule securities. Due to differences in local thereunder applicable to DTC because change that are filed with the market practice from that in the U.S., the proposed rule change will reduce Commission, and all written the eligibility procedures for foreign communications relating to the securities will likely differ from those risks and associated costs to DTC proposed rule change between the currently used by DTC for eligible U.S. participants. Further, the proposed rule Commission and any person, other than securities. However, participants will be change will be implemented and made aware of this fact and of the designed to promote the prompt and those that may be withheld from the eligibility criteria and procedures. These accurate clearance and settlement of public in accordance with the securities will be ‘‘tagged’’ in DTC’s securities transactions and to assure provisions of 5 U.S.C. 552, will be system in order for DTC participants to safeguarding of securities and funds that available for inspection and copying in readily identify them. are in the custody or control of DTC or the Commission’s Public Reference DTC’s first such link will be with for which DTC is responsible. Room, 450 Fifth Street, N.W., Citibank N.A., Hong Kong Branch, Washington, D.C. 20549. Copies of such (B) Self-Regulatory Organization’s filing also will be available for acting as DTC’s custodian.2 Through the Statement on Burden on Competition custodian, a participant would move inspection and copying at the principal overseas inventory from its current DTC does not believe that the office of DTC. All submissions should custodian into DTC’s account at DTC’s proposed rule change will impose any refer to File No. SR–DTC–2001–03 and foreign custodian. Upon notification burden on competition that is not should be submitted by May 31, 2001. from its custodian that the foreign necessary or appropriate in furtherance For the Commission by the Division of securities are being held in its account, of the purposes of the Act, in the public Market Regulation, pursuant to delegated DTC would update the participant’s interest, and for the protection of authority. securities position at DTC. Once the investors. Margaret H. McFarland, position is on DTC’s books and records, the participant would be able to move (C) Self-Regulatory Organization’s Deputy Secretary. the position by book-entry DVP if Statement on Comments on the [FR Doc. 01–11804 Filed 5–9–01 8:45 am] desired. In addition, other activities, Proposed Rule Change Received from BILLING CODE 8010–01–M such as automated customer account Members, Participants or Others transfer services and stock loan, that are currently available for U.S. securities This concept was presented to the would also be available for foreign operations and planning committee of DTC and DTC Board of Directors. A number of DTC firms have voiced strong 2 DTC will submit a proposed rule change under Section 19(b) before establishing any new link with support of this project at the Board any foreign custodian. level.
VerDate 11
SECURITIES AND EXCHANGE participants to comply more efficiently subscribing market maker can also COMMISSION with existing rules and obligations, access the proprietary quotations that including best execution and firm quote other firms have entered into the [Release No. 34–44257; File No. SR–NASD– obligations. Additionally, order OTCBB Service along with highest bid 2001–28] executions negotiated through the ODS and lowest offer (i.e., an inside bid-ask Self-Regulatory Organizations; Notice would automatically generate calculation) in any OTCBB-eligible of Filing of Proposed Rule Change by transaction reports for OTCBB issues security with at least two market makers the National Association of Securities and locked-in trades for clearance displaying two-aided markets. All Dealers, Inc. To Institute an Automated purposes. priced quotes in domestic securities, The following paragraphs describe the Order Delivery Service on the OTCBB foreign securities, and ADRs are firm; all history of the OTCBB, and also outline quotes in DPPs are indicative. May 4, 2001. the major elements of the ODS Additionally, all NASD Level I enhancement. members with Level 2⁄3 service may Pursuant to Section 19(b)(1) of the view OTCBB data without paying an Development and Operation of the Securities Exchange Act of 1934 additional charge beyond their NWII 1 2 OTCBB (‘‘Act’’) and Rule 19b–4 thereunder, fees. However, only registered market notice is hereby given that on April 12, The OTCBB is a regulated quotation makers are permitted to enter quotes 2001, the National Association of service that displays real-time quotes, and indications of interest. Securities Dealers, Inc. (‘‘NASD’’), last-sale prices, and volume information through its subsidiary, The Nasdaq in over-the-counter equity securities.3 Access to the ODS Stock Market, Inc. (‘‘Nasdaq’’) filed with The OTCBB began operating on a pilot Upon introduction, the ODS would be the Securities and Exchange basis in June 1990 as part of market available to all NASD member firms that Commission (‘‘Commission’’) the structure reforms designed to improve have authorized access to Nasdaq Level proposed rule change as described in transparency in the over-the-counter 2⁄3 through NWII terminals or through Items I, II, and III below, which Items equities market. The system was an Applications Programming Interface, have been prepared by Nasdaq. The designed to facilitate the widespread and that have appropriate clearing Commission is publishing this notice to publication of quotation and last-sale arrangements through a registered solicit comments on the proposed rule information. Since December 1993, national clearing agency. The ODS change from interested persons. firms have been required to report would be accessible for negotiation and trades in all domestic OTC equity confirmation of transactions in OTCBB I. Self-Regulatory Organization’s securities through the Automated issues during normal business hours for Statement of the Terms of Substance of Confirmation Transaction Service the OTCBB market (from 7:30 a.m. to the Proposed Rule Change (‘‘Act’’) within 90 seconds of the 6:30 p.m. ET), although quotations Nasdaq is proposing to implement an transaction. would be required to be firm only enhancement to the OTC Bulletin Board Today, the OTCBB provides an between 9:30 a.m. and 4 p.m. During Service (‘‘OTCBB’’). Nasdaq proposes to electronic quotation medium for this period, the ODS would be create an automated order delivery subscribing members to reflect market continuously available for use by any service (‘‘ODS’’) that will enable OTCBB making interest in OTCBB-eligible eligible NASD market maker or order- users to communicate electronically securities. The OTCBB currently allows entry firm. Registered OTCBB market with one another to negotiate and market makers to use an authorized makers would be unable to inhibit the confirm the execution of orders. This Nasdaq Workstation II (‘‘NWII’’) to receipt of ODS messages from other communication interface would offer an update quotes, query positions, register eligible NASD members between 9:30 alternative to telephonic in active stocks, and add or update a.m. and 4 p.m. ET, and orders received communication, which would increase telephone numbers. Market makers may within a market maker’s quoted price the speed, efficiency, and quality of access the service between 7:30 a.m. and and size would be considered liability execution in the OTCBB. The proposed 6:30 p.m. ET and may update quotes in orders. Hence, an NASD member would ODS would offer much of the domestic securities, foreign securities, be assured that communication can be functionality of the SelectNet service and ADRs any time the system is in established with a market marker during that is used for trading of Nasdaq operation.4 all market conditions and that National Market and SmallCap Subscribing market makers can utilize transactions can be consummated securities. Nasdaq states that SelectNet the OTCBB to enter, update, and display without reliance on the telephone. has proven to be a versatile and effective their proprietary quotations in trading tool in those segments of the individual securities on a real-time Use of the ODS market. basis. Such quotation entries may The ODS would provide an The principal purpose of this consist of a priced bid and/or offer, an alternative medium for retail firms to enhancement is to supplement the unpriced indication of interest contact market makers and for market existing capacity of market makers to (including ‘‘bid wanted’’ or ‘‘offer makers to contact one another, to consummate transactions pursuant to wanted’’ indications), or a bid/offer negotiate trades, and to confirm applicable trading rules. The ODS accompanied by a modifier to reflect executions regardless of market would enable member firms to unsolicited customer interest. A conditions just as they do by telephone communicate and confirm the execution today. The establishment of the ODS 3 An OTC equity security generally is any equity would not impose any additional terms of individual transactions that is not listed or traded on Nasdaq or a national electronically, just as they do by securities exchange. OTCBB securities include obligations beyond those already telephone today. The ODS would national, regional, and foreign equity issues, applicable to the market maker and impose no new trading rules or warrants, units, American Depository Receipts NASD member in connection with (‘‘ADRs’’), and Direct Participation Programs telephonic transactions, such as the firm obligations, but would permit market (‘‘DPPs’’). 4 Quotes in DPPs may be updated twice daily: quote and best execution obligations. 1 15 U.S.C. 78s(b)(1). once between 8:30 and 9:30 a.m. ET and again Nasdaq has established some basic 2 17 CFR 240.19b–4. between 12:00 and 12:30 p.m. ET. operational requirements for the ODS:
VerDate 11
(i) An order entered through the ODS automatically generate a printed and C below, of the most significant must be preferenced to a market maker confirmation of the execution to both aspects of such statements. in the security. parties. (ii) Principal as well as agency orders A. Self-Regulatory Organization’s (xi) ODS users would have access to Statement of the Purpose of, and may be entered through the ODS. the full functionality of ACT to enter (iii) All orders entered through the Statutory Basis for, the Proposed Rule corrective transactions, including Change ODS must be priced. Therefore, it would cancel, error, break, no/was, inhibit, and be impermissible to enter an order only kill (where appropriate under applicable 1. Purpose with instructions to execute ‘‘at the trade reporting rules). Nasdaq states that trading activity in market’’ or ‘‘on the close.’’ (xii) Participating market makers (iv) An order entered through the ODS the OTCBB grew from 41 million shares would have the capacity to scan and less than 7,000 trades per day in must include the security’s identifier, transactions which they have executed price and size (from 100 to 999,900 1995 to 323 million shares and 53,000 through the ODS during the course of a trades per day in 1999. In the first shares); be designated as buy, sell, or trading day. sell short; and have a capacity indicator. quarter of 2000, on average, over 1 (xiii) The ODS would automatically All orders must be in round lots; the billion shares were traded and 205,000 reject messages involving ineligible system will not accept odd lots. trades were reported each day. Nasdaq market makers or initiating member (v) Orders entered into the ODS believes that there are many reasons for firms. would be in force for a minimum of this increase in volume, but chief among three minutes, unless the entering firm As outlined above, the ODS would them is the wealth of OTC information specifies another time in force or allow market participants to follow a available on the Internet and the growth designates as a day order. The entering few easy steps to enter, negotiate, and of online trading systems directly firm would be permitted to attempt to accept orders. To enter an order the accessible to individual investors. The cancel an order after ten seconds. market participant must choose buy, manual nature of the OTCBB, where all (vi) A market maker receiving an sell, or sell short; enter the share size; order delivery, communication, and order through the ODS would have enter the security ID; designate a price; negotiation between two firms regarding three minutes to respond with an indicate whether price and/or size are an OTCBB trade is done via telephone, ‘‘accept’’ or ‘‘reject’’ message. Order negotiable; and specify the duration of was a drawback during these periods of recipients can respond with partial the order, including (1) leave the order explosive volume. Nasdaq believes that acceptance, as long as the order is not open for a minimum of three minutes, executions were slower and market designated as All-Or-None. If the (2) make it a day order, or (3) leave it participants had difficulty keeping receiving market maker does not act open until after-hours trading has abreast of telephone traffic. within three minutes (or other time ended. Market participants can respond Nasdaq states that the singular period specified by the order entry to an order in several ways: accept the purpose of the ODS enhancement is to firm), the order would be automatically order, price improve it, decline it, expand the communications facilities timed out and a notification of that counter the order, accept a portion of available to support the continuous, result sent to the initiating firm. the order, or allow the order to expire orderly operation of the OTCBB during (vii) The ODS would send a ‘‘pop-up’’ or time out. When an order is countered, periods of heavy trading, such as those message to a market maker’s NWII negotiations would begin and the experienced periodically during 2000. terminal alerting the market maker to parties would exchange messages until The ODS would facilitate processing of the presence of a liability order. The they produce a full or partial execution, orders during fast markets, in that it market maker would then be obligated they decline the transaction, or the would supplement the telephone to execute the liability order up to the order times out. capacity of market makers to interact size of its quoted price, unless the After an order is executed, the ODS with one another. It would, however, market maker is in the process of would automatically confirm it to both permit NASD members, from a executing another limit order at the parties to the transaction; send the trade functional standpoint, to continue to same price. report through Nasdaq for public conduct business with one another by (viii) The ODS would prohibit orders dissemination; and compare, match, and communicating the same basic elements from being entered if there is no inside send the locked-in trade to a clearing of information that are needed to market in the security (i.e., there are at corporation. All Nasdaq order-entry or negotiate and confirm executions via least two market makers with two-sided market maker subscribers would be telephone. The major difference is that quotes). eligible to participate in the ODS, electronic messages would substitute for (ix) If an incoming buy (sell) order is provided that they have a clearing verbal messages. priced below (above) the recipient’s arrangement with an approved clearing Nasdaq states that the ODS would quoted bid/offer, or for an amount agent. also enable NASD members to realize exceeding the recipient’s displayed size, certain efficiencies that are most II. Self-Regulatory Organization’s the market maker may properly reject it. desirable in periods of heavy trading, Statement of the Purpose of, and The rejecting market maker can but unavailable respecting transactions Statutory Basis for, the Proposed Rule promptly communicate a counter effected via telephone. For example, Change proposal for possible acceptance by the consummation of a transaction through initiating firm. This scenario illustrates In its filing with the Commission, the ODS would yield a printed the ability of a market maker to Nasdaq included statements concerning confirmation to both parties to the negotiate an execution by exchanging the purpose of and basis for the transaction and would obivate the messages via the ODS. proposed rule change and discussed any separate entry of a trade report for an (x) Transmission of an ‘‘accept’’ comments it received on the proposed execution in an OTCBB security. message would automatically create and rule change. The text of these statements Further, because orders executed send a ‘‘locked-in’’ trade to ACT for may be examined at the places specified through the ODS would yield locked-in comparison and clearing. Trades in Item IV below. Nasdaq has prepared trades, this feature would help reduce confirmed through the ODS would summaries, set forth in Sections A, B, the volume of uncompared trades (and
VerDate 11
the attendant allocation of resources enhancement comport fully with these Rather, it would provide an alternative needed to resolve them) during periods Congressional directives. mechanism for market participants to in which overall market volume surges Nasdaq believes that the proposal is conduct their routine business. Fourth, dramatically. Nasdaq believes that also supported by subsection (b)(6) of firms electing to utilize the ODS would institution of the ODS would Section 15A of the Act.11 Among other need only to have clearing arrangements supplement both the communications things, that provision requires that the through a registered clearing agency that and order processing capabilities of NASD’s rule-making initiatives be uses a continuous net settlement member firms. designed: (1) to promote just and system, a requirement that exists today The NASD Regulation Market equitable principles of trade; (2) to for trading of OTCBB securities. Regulation Department anticipates that foster cooperation and coordination Nasdaq believes, therefore, that no the ODS would enable it to surveil more with persons engaged in regulating, competitive burden would result from effectively the OTCBB marketplace. clearing settling, processing information the Commission’s approval of this filing. Nasdaq is committed to maintaining a with respect to, and facilitating high level of regulation in the OTCBB transactions in securities; (3) to perfect C. Self-Regulatory Organization’s trading environment. In fact, Nasdaq’s the mechanism of a free and open Statement on Comments on the market surveillance systems and staff market and a national market system; Proposed Rule Change Received from would increase the capacity for real- and (4) to protect investors and the Members, Participants, or Others time monitoring of trading on the public interest. As described earlier, the Written comments were neither OCTBB. ODS would augment the solicited nor received. Nasdaq states that the OTCBB has communications and order-handling made significant strides in making capacities of market makers in OTCBB III. Date of Effectiveness of the measurable market improvements in the securities. The NASD views the ODS as Proposed Rule Change and Timing for past three years, including: (1) the an essential, auxiliary communications Commission Action implementation of the Eligibility Rule, system that would enable market Within 35 days of the date of which requires each OTCBB issuer to be makers to conduct business with one publication of this notice in the Federal fully registered with the SEC (or another when telephonic Register or within such longer period (i) appropriate banking or insurance communications are undesirable due to as the Commission may designate up to regulator) and be current in its filings,5 unusual conditions. Providing such a 90 days of such date if it finds such (2) the establishment of limited trading back-up capability promotes continuity longer period to be appropriate and halt authority for OTCBB securities,6 in market operations in order to service publishes its reasons for so finding, or and, (3) the upcoming launch of a Limit all classes of investors. Nasdaq believes (ii) as to which the Nasdaq consents, the Order Protection pilot program, which that this result is fully consistent with Commission will: will prohibit member firms from trading the above-cited portions of Section 12 (A) by order approve such proposed ahead of customer limit orders certain 15A(b)(6) of the Act. rule change; or OTCBB securities.7 Nasdaq believes that B. Self-Regulatory Organization’s (B) institute proceedings to determine providing automated access to the Statement on Burden of Competition whether the proposed rule change OTCBB market would further Nasdaq’s Nasdaq states that implementation of should be disapproved. efforts to make the OTCBB a more the ODS would not involve the efficient and orderly marketplace for IV. Solicitation of Comments imposition of any competitive burden. investors and market participants alike. Nasdaq believes that this conclusion is Interested persons are invited to 2. Statutory Basis supported by several factors. First, the submit written data, views, and ODS involves an enhancement of the arguments concerning the foregoing, Nasdaq believes that the proposal is including whether the proposed rule consistent with Sections 11A and 15A facilities that support market making in OTCBB securities by member firms. change is consistent with the Act. of the Act.8 Subsections (A) to (D) of Persons making written submissions Section 11A(a)(1) 9 articulate the broad This type of enhancement would not alter the established terms of access should file six copies thereof with the findings and policy goals which Secretary, Securities and Exchange Congress intended to guide the respecting vendors’ receipt of market information for redistribution to diverse Commission, 450 Fifth Street, NW, operational enhancement of the nation’s Washington, DC 20549–0609. Copies of securities markets. In this context, groups of end users. Second, the ODS would not pose a competitive burden the submission, all subsequent Congress underscored the importance of amendments, all written statements applying new data processing and upon market makers and other eligible members. By design, the ODS would be with respect to the proposed rule communications techniques to assure: change that are filed with the (1) more efficient and effective market an auxiliary medium of communication that eligible firms may employ to Commission, and all written operations; (2) economically efficient communications relating to the execution of securities transactions; (3) conduct business when telephonic communication is not desirable. proposed rule change between the broad availability of information with Commission and any person, other than respect to quotations for and Accordingly, the ODS has been structured to accommodate conveyance those that may be withheld from the transactions in securities; and (4) the public in accordance with the optimal execution of investors’ orders.10 of the same basic elements of information which firms communicate provisions of 5 U.S.C. 552, will be The NASD believes that the design and available for inspection and copying in operation features of the ODS in negotiating and executing transactions via the telephone. Third, the Commission’s Public Reference the ODS enhancement would not Room. Copies of such filing will also be 5 See NASD Rules 6530 and 6540. available for inspection and copying at 6 impose more stringent market-making See NASD Rule 6545. the principal office of the NASD. All 7 See NASD Rule 6541 (implementation pending). obligations on participating firms. 8 15 U.S.C. 78k–1 and 78o–3 submissions should refer to File No. 9 15 U.S.C. 78k–1(a)(1)(A) to (D). 11 See 15 U.S.C. 78o–3(b)(6). SR–NASD –2001–28 and should be 10 See 15 U.S.C. 78k–1(a)(1)(C). 12 Id. submitted by May 31, 2001.
VerDate 11
For the Commission, by the Division of concerning the purpose of and basis for no longer used on the Exchange Equity Market Regulation, pursuant to delegated the proposed rule change and discussed Floor. 13 authority. any comments it received on the The Committee was formed in 1989 8 Margaret H. McFarland, proposed rule change. The text of these prior to the aforementioned changes to Deputy Secretary. statements may be examined at the the Exchange’s governance structure. The original proposed rule change, [FR Doc. 01–11803 Filed 5–9–01; 8:45 am] places specified in Item IV below. The approved by the Commission, deleted BILLING CODE 8010–01–M Exchange has prepared summaries, set forth in Sections A, B, and C below, of the word ‘‘President’’ from the rule, as the most significant aspects of such the Exchange no longer has a SECURITIES AND EXCHANGE statements. ‘‘President,’’ and included the 9 COMMISSION Exchange’s On-Floor Vice Chairman as A. Self-Regulatory Organization’s a member of the Committee. [Release No. 34–44245; File No. SR–Phlx– Statement of the Purpose of, and Thus, Rule 98 specifies the 2001–44] Statutory Basis for, the Proposed Rule composition of the Emergency Change Committee to include the following Self-Regulatory Organizations; Notice individuals: the Chairman of the Board of Filing and Immediate Effectiveness 1. Purpose of Governors; the On-Floor vice of Proposed Rule Change by the Chairman of the Board of Governors; Philadelphia Stock Exchange, Inc. On December 23, 1999, the and the Chairmen of the Options Extending the Pilot Program for Commission approved amendments to Committee, the Floor Procedure Exchange Rule 98, Emergency Rule 98, Emergency Committee (the Committee, and the Foreign Currency Committee Until July 31, 2001 ‘‘Committee’’), which updated the composition of the Committee to reflect Options Committee. The staff of the Commission has May 1, 2001. the current governance structure of the requested that the Exchange file the Pursuant to Sectiuon19(b)(1) of the Exchange, on a 120-day pilot basis.5 The instant proposed rule change to extend Securities Exchange Act of 1934 pilot has been extended three times, 1 2 the pilot program through July 31, 2001 (‘‘Act’’) and Rule 19b–4 thereunder, most recently to April 30, 2001.6 The notice is hereby given that on April 12, so that the Committee will reflect the pilot program is being extended again to current governance structure of the 2001, the Philadelphia Stock Exchange, July 31, 2001 as the Exchange considers Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed a Exchange and will be in place to take other changes to the composition of the necessary and appropriate action to proposed rule change with the Committee. Securities and Exchange Commission respond to extraordinary market 10 (‘‘SEC’’ or ‘‘Commission’’). The The Exchange originally proposed to conditions or other emergencies. The proposed rule change is described in amend Rule 98, Emergency Committee, extension of the pilot program will also Items I, II, and III below, which Items by updating the composition of the allow the Exchange the necessary time have been prepared by the Exchange. Committee to correspond with previous to propose changes to the Committee’s The Exchange filed the proposed rule revisions to the Exchange’s governance structure to meet the Commission’s 7 change pursuant to Section 19(b)(3)(A) structure, and by deleting a provision concerns about whether the Committee of the Act,3 and Rule 19b–4(f)(6) authorizing the Committee to take ensures that all interests of the thereunder,4 which renders the action regarding CENTRAMART, an Exchange (e.g., On-Floor or Off-Floor) proposed rule change effective upon equity order reporting system which is are adequately represented by the filing with the Commission. The Committee. Commission is publishing this notice to 5 Securities Exchange Act Release No. 42272 2. Statutory Basis (December 23, 1999), 65 FR 153 (January 3, solicit comments on the proposed rule 2000)(SR–Phlx–99–42). In the approval order, the The Exchange believes that the change from interested persons. Commission requested that the Exchange examine proposed rule change is consistent with the operation of the Committee to ensure that the 11 I. Self-Regulatory Organization’s Committee is not dominated by any one Exchange Section 6 of the Act in general, and Statement of the Terms of Substance of interest (e.g., On-Floor or Off-Floor interests). The with Section 6(b)(5) 12 of the Act in the Proposed Rule Change Commission requested that the Exchange report specific, in that it is designed to perfect back to the Commission on its views as to whether the mechanisms of a free and open The Exchange is proposing to extend the Committee structure ensures that all Exchange the pilot program period for Rule 98, interests are fairly represented by the Committee. market and a national market system, Emergency Committee until July 31, 6 Securities Exchange Act Release No. 42898 and to protect investors and the public 2001. No changes to the existing rule (June 5, 2000), 65 FR 36879 (June 12, 2000)(SR– interest, by updating the composition of Phlx–00–41), extending the pilot program until the Emergency Committee to reflect the language are being proposed. August 21, 2000; Securities Exchange Act Release No. 43169 (August 17, 2000), 65 FR 51888 (August 8 II. Self-Regulatory Organization’s 25, 2000)(SR–Phlx–00–76), extending the pilot See Securities Exchange Act Release No. 26858 Statement of the Purpose of, and program until November 17, 2000. On July 14, 2000, (May 22, 1989), 54 FR 23007 (May 30, 1989) (SR– Statutory Basis for, the Proposed Rule the Exchange filed a proposed rule change to effect Phlx–88–36). 9 Change the amendments on a permanent basis. SR–Phlx– See also Exchange By-Law, Article IV, Section 00–63 (filed July 14, 2000). In SR–Phlx–00–63 the 4–2. In its filing with the Commission, the Exchange also enclosed the Exchange’s views as to 10 Previously, the Exchange has described Exchange included statements whether the Committee structure ensures that all ‘‘extraordinary market or emergency conditions’’ as, Exchange interests are fairly represented by the among other things, a declaration of war, a Committee. Because the Exchange is considering presidential assassination, an electrical blackout, or 13 17 CFR 200.30–3(a)(12). changes to the Committee, the Commission expects events such as the 1987 market break or other 1 15 U.S.C. 78s(b)(1). SR–Phlx–00–63 to be withdrawn. In November, highly volatile trading conditions that require 2 17 CFR 240.19b–4. 2000, the pilot program was extended again until intervention for the market’s continued efficient 3 15 U.S.C. 78s(b)(3)(A). April 30, 2001. Securities Exchange Act Release No. operation. Letter dated March 15, 1989, from 4 17 CFR 240.19b–4(f)(6). The Exchange filed the 43614 (November 22, 2000), 65 FR 75332 William W. Uchimoto, General Counsel, Exchange, pre-filing notice required by Rule 19b–4(f)(6) by (December 1, 2000). to Sharon L. Itkin, Esquire, Commission, Division filing a written description of the proposed rule 7 See Securities Exchange Act Release No. 38960 of Market Regulation change and the text of the proposed rule change on (August 22, 1997), 62 FR 45904 (August 29, 11 15 U.S.C. 78f. April 3, 2001. 1997)(SR–Phlx–97–31). 12 15 U.S.C. 78f(b)(5).
VerDate 11
current governance structure of the filed a pre-filing notice as required by Commission (‘‘Commission’’) the Exchange, and by continuing to provide Rule 19b–4(f)(6).16 proposed rule change as described in a regular procedure for the Exchange to Items I, II, and III below, which Items IV. Solicitation of Comments take necessary and appropriate action to have been prepared by the Phlx.3 The respond to extraordinary market Interested persons are invited to Commission is publishing this notice to conditions or other emergencies.13 submit written data, views, and solicit comments on proposed rule arguments concerning the foregoing, change from interested persons. B. Self-Regulatory Organization’s including whether the proposed rule I. Self-Regulatory Organization’s Statement of Burden on Competition change is consistent with the Act. Statement of the Terms of Substance of Persons making written submissions The Exchange does not believe that the Proposed Rule Change the proposed rule change will result in should file six copies thereof with the The Phlx proposes to eliminate equity any burden on competition that is not Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., trading floor specialist fees for each necessary or appropriate in furtherance PACE transaction for orders entered of the purposes of the Act. Washington, DC 20549–0609. Copies of the submission, all subsequent before the opening of trading.4 C. Self-Regulatory Organization’s amendments, all written statements Specifically, the PACE specialist charge Statement on Comments on the with respect to the proposed rule of $.20 per Phlx specialist trade for Proposed Rule Change Received from change that are filed with the PACE executions would be eliminated. Members, Participants, or Others Commission, and all written II. Self-Regulatory Organization’s communications relating to the Statement of the Purpose of, and the The Exchange has neither solicited proposed rule change between the nor received written comments on the Statutory Basis for, the Proposed Rule Commission and any person, other than Change proposed rule change. those that may be withheld from the In its filing with the Commission, the public in accordance with the III. Date of Effectiveness of the Phlx included statements concerning provisions of 5 U.S.C. 552, will be Proposed Rule Change and Timing for the purpose of, and basis, for the available for inspection and copying in Commission Action proposed rule change and discussed any the Commission’s Public Reference comments it received on the proposed The foregoing rule change has become Room. Copies of such filing will also be rule change. The text of these statements effective upon filing pursuant to Section available for inspection and copying at may be examined at the places specified 19(b)(3)(A)(iii) of the Act 14 and Rule the principal office of the Phlx. All in Item IV below. The Phlx has prepared 19b–4(f)(4) 15 thereunder because the submissions should refer to the File No. summaries, set forth in sections A, B proposed rule change does not (i) SR–Phlx–2001–44 and should be and C below, of the most significant significantly affect the protection of submitted by May 31, 2001. aspects of such statements. investors or the public interest; (ii) For the Commission, by the Division of impose any significant burden on Market Regulation, pursuant to delegated A. Self-Regulatory Organization’s competition; and (iii) become operative authority.17 Statement of the Purpose of, and the for 30 days from the date on which the Margaret H. McFarland, Statutory Basis for, the Proposed Rule proposed rule change was filed, or such Deputy Secretary. Change shorter time as the Commission may [FR Doc. 01–11800 Filed 5–9–01; 8:45 am] 1. Purpose designate. At any time within 60 days of the filing of a rule change pursuant BILLING CODE 8010–01–M The purpose of the proposed rule to Section 19(b)(3)(A) of the Act, the change is to alleviate fee burdens on Commission may summarily abrogate specialists by eliminating specialist fees SECURITIES AND EXCHANGE for PACE trades executed by the the rule change if it appears to the COMMISSION Commission that such action is specialist on the opening. Presently, necessary or appropriate in the public [Release No. 34–44259; File No. SR–Phlx– PACE orders, including those executed interest, for the protection of investors, 2001–41] on the opening, are charged a PACE or otherwise in furtherance of the specialist fee of $.20 per trade, in purposes of the Act. Self-Regulatory Organizations; Notice addition to other costs, such as Stock of Filing and Immediate Effectiveness Clearing Corporation of Philadelphia The Commission finds that it is of a Proposed Rule Change by the trade processing/clearing fees and appropriate to accelerate the effective Philadelphia Stock Exchange, Inc. Section 31 fees. date of the proposed rule change and to Eliminating Equity Trading Floor Exchange specialists have many permit the proposed rule change to Specialist Fees for the Execution of responsibilities, including the become immediately effective because PACE Orders on the Opening maintenance of fair and orderly markets. the proposal simply extends a Phlx specialists provide PACE orders May 4, 2001. previously approved pilot program until specific guarantees enumerated in Phlx July 31, 2001. No changes to Rule 98 are Pursuant to Section 19(b)(1) of the being proposed at this time and the Securities Exchange Act of 1934 3 The Phlx originally submitted the proposed rule Commission has not received any (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 change on April 2, 2001. On April 18, 2001, the comments on the pilot program. In Phlx submitted a new Form 19b–4, which replaces notice is hereby given that on April 18, addition, the Exchange appropriately and supersedes the original filing in its entirety. See 2001, the Philadelphia Stock Exchange, letter from Diana Tenenbaum, Counsel, Phlx, to Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with Nancy Sanow, Assistant Director, Division of 13 For purposes only of accelerating the operative the Securities and Exchange Market Regulation (‘‘Division’’), Commission, dated date of this proposal, the Commission has April 17, 2001. considered the proposed rule’s impact on 4 PACE is the Philadelphia Stock Exchange’s 16 efficiency, competition, and capital formation. 15 17 CFR 140.19b–4(f)(6). Automated Communication and Execution System. U.S.C. 78c(f). 17 17 CFR 200.30–3(a)(12). It is the Exchange’s order routing, delivery, 14 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). execution, and reporting system for its equity 15 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b–4. trading floor. See Phlx Rule 229.
VerDate 11
Rule 229. The Phlx believes that the C. Self-Regulatory Organization’s SMALL BUSINESS ADMINISTRATION specialist’s role is particularly important Statement on Comments on the on the opening, where the specialist Proposed Rule Change Received from Reporting and Recordkeeping must determine the opening price while Members, Participants, or Others Requirements Under OMB Review being mindful of single price openings No written comments were either AGENCY: Small Business Administration. in unlisted trading privileges securities, solicited or received. ACTION: Notice of reporting requirements monitor Intermarket Trading System III. Date of Effectiveness of the submitted for OMB review. indications and commitments, and Proposed Rule Change and Timing for assess and address order imbalances. SUMMARY: Under the provisions of the Commission Action The Phlx believes that these Paperwork Reduction Act (44 U.S.C. responsibilities impose unique risks and The Exchange has designated the Chapter 35), agencies are required to costs on specialists. For instance, the proposed rule change as a fee change submit proposed reporting and automatic execution feature of PACE is pursuant to Section 19(b)(3)(A)(ii) of the recordkeeping requirements to OMB for 9 10 not engaged until after the opening,5 Act and Rule 19b–4(f)(2) thereunder. review and approval, and to publish a which allows the specialist to better Accordingly, the proposal will take notice in the Federal Register notifying effect upon the filing of the proposed control the aforementioned duties, but the public that the agency has made rule change with the Commission on also imposes unique manual burdens, such a submission. April 18, 2001. At any time within 60 such as matching against orders on the DATES: Submit comments on or before days of the filing of the proposed rule opening. June 11, 2001. If you intend to comment change, the Commission may summarily but cannot prepare comments promptly, Thus, the proposal would eliminate abrogate such rule change if it appears please advise the OMB Reviewer and the Phlx transaction fees imposed on to the Commission that such action is the Agency Clearance Officer before the orders on the opening that are received necessary or appropriate in the public deadline. through PACE and executed manually. interest, for the protection of investors, Copies: Request for clearance (OMB The proposed amendment would enable or otherwise in furtherance of the 83–1), supporting statement, and other the specialist to continue to provide purposes of the Act. documents submitted to OMB for prompt execution and participate in IV. Solicitation of Comments review may be obtained from the opening orders, without the additional Agency Clearance Officer. burden of a transaction fee. The Interested persons are invited to submit written data, views and ADDRESSES: Address all comments Exchange believes that this fee arguments concerning the foregoing, concerning this notice to: Agency reduction should encourage specialists’ including whether the proposed rule Clearance Officer, Jacqueline White, efforts in attracting more order flow, change, as amended, is consistent with Small Business Administration, 409 3rd which in turn should promote a more the Act. Persons making written Street, SW., 5th Floor, Washington, DC liquid market. submissions should file six copies 20416; and OMB Reviewer, Office of Information and Regulatory Affairs, 2. Statutory Basis thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Office of Management and Budget, New The Exchange believes that the Street, NW., Washington, D.C. 20549– Executive Office Building, Washington, proposed rule change is consistent with 0609. Copies of the submission, all DC 20503. Section 6(b) of the Act,6 in general, and subsequent amendments, all written FOR FURTHER INFORMATION CONTACT: with Section 6(b)(4),7 in particular, in statements with respect to the proposed Jacqueline White, Agency Clearance that they provide for the equitable rule change that are filed with the Officer, (202) 205–7044. allocation of reasonable dues, fees and Commission, and all written SUPPLEMENTARY INFORMATION: Title: other charges, by alleviating a financial communications relating to the Notice of Award/GrantCooperative burden on specialists. The Exchange proposed rule change between the Agreement Cost Sharing Proposal. notes that other equity fees apply only Commission and any person, other than No’s: 1222 and 1224. to certain market participants, and the those that may be withheld from the Frequency: On Occasion. Exchange has previously waived fees public in accordance with the Description of Respondents: with respect to certain market provisions of 5 U.S.C. 552, will be Participating Colleges and Grants participants.8 available for inspection and copying in Management Office. the Commission’s Public Reference Annual Responses: 477. B. Self-Regulatory Organization’s Room. Copies of such filing will also be Annual Burden: 34,191. Statement on Burden on Competition available for inspection and copying at Jacqueline White, the principal office of the Phlx. All The Phlx does not believe that the submissions should refer to File No. Chief, Administrative Information Branch. proposed rule change, as amended, will SR–Phlx–2001–41 and should be [FR Doc. 01–11797 Filed 5–9–01; 8:45 am] impose any inappropriate burden on submitted by May 31, 2001. BILLING CODE 8025–01–P competition. For the Commission, by the Division of Market Regulation, pursuant to delegated 5 Telephone call between Edith Hallahan, Deputy authority.11 SOCIAL SECURITY ADMINISTRATION General Counsel, Phlx, and Sonia Patton, Staff Margaret H. McFarland, Attorney, Division, Commission (May 1, 2001). Agency Information Collection Deputy Secretary. 6 15 U.S.C. 78f(b). Activities: Proposed Request and 7 15 U.S.C. 78f(b)(4). [FR Doc. 01–11802 Filed 5–9–01; 8:45 am] Comment Request 8 See Securities Exchange Act Release No. 43343 BILLING CODE 8010–01–M (Sep. 26, 2000), 65 FR 59243 (Oct. 4, 2000) (SR– The Social Security Administration Phlx–00–80), regarding a waiver of all comparison 9 15 U.S.C. 78s(b)(3)(A)(ii). (SSA) publishes a list of information and transaction charges for customers trading 10 17 CFR 240.19b–4(f)(2). collection packages that will require equity options. 11 17 CFR 200.30–3(a)(12). clearance by the Office of Management
VerDate 11
and Budget (OMB) in compliance with benefits for those attaining age 19. The determine the claimant’s physical status Pub. L. 104–13 effective October 1, affected public is comprised of student prior to making a disability 1995, The Paperwork Reduction Act of beneficiaries about to attain age 19. determination and to document the 1995. SSA is soliciting comments on the Number of Respondents: 50,000. disability claims folder with the medical accuracy of the agency’s burden Frequency of Response: 1. evidence. The respondents are estimate; the need for the information; Average Burden Per Response: 5 physicians, hospitals, directors and its practical utility; ways to enhance its minutes. medical records librarians. Estimated Annual Burden: 4,167 quality, utility and clarity; and on ways Number of Respondents: 750,000. hours. to minimize burden on respondents, Frequency of Response: 1. including the use of automated 2. Certificate of Coverage Request Form—0960–0554. The United States Average Burden Per Response: 30 collection techniques or other forms of minutes. information technology. (U.S.) has Social Security agreements Estimated Annual Burden: 375,000 Written comments and with 18 countries. These agreements hours. recommendations regarding the eliminate double Social Security information collection(s) should be coverage and taxation where a period of 4. Representative Payee Evaluation submitted to the OMB Desk Officer and work would be subject to coverage and Report—0960–0069. The information on the SSA Reports Clearance Officer and taxes in both countries. The individual form SSA–624 is used by SSA to at the following addresses: agreements contain rules for accurately account for the use of Social determining the country under whose Security benefits and Supplemental (OMB) Office of Management and laws the period of work will be covered Security Income payments received by Budget, Attn: Desk Officer for SSA, and to whose system taxes will be paid. representative payees on behalf of an New Executive Office Building, Room The agreements further provide that individual. The respondents are 10230, 725 17th St., NW, Washington, upon the request of the worker or individuals and organizations who DC 20503 employer, the country under whose received form SSA–623 or SSA–6230 (SSA) Social Security Administration, system the period of work is covered and failed to respond, provided DCFAM, Attn: Frederick W. will issue a certificate of coverage. The unacceptable responses that could not Brickenkamp, 1–A–21 Operations certificate serves as proof of exemption be resolved, or reported a change in Bldg., 6401 Security Blvd., Baltimore, from coverage and taxation under the custody. MD 21235 system of the other country. The Number of Respondents: 250,000. I. The information collections listed information collected is needed to Frequency of Response: 1. below will be submitted to OMB within determine if a period of work is covered 60 days from the date of this notice. Average Burden Per Response: 30 by the U.S. system under an agreement minutes. Therefore, your comments should be and to issue a certificate of coverage. Estimated Average Burden: 125,000 submitted to SSA within 60 days from The respondents are workers and hours. the date of this publication. You can employers wishing to establish an obtain copies of the collection exemption from foreign Social Security 5.Chinese Custom Marriage instruments by calling the SSA Reports taxes. Statement; Statement Regarding Clearance Officer at 410–965–4145, or Number of Respondents: 40,000. Marriage—0960–0086. The information by writing to him at the address listed Frequency of Response: 1. collected on Forms SSA–1344 and SSA– above. Average Burden Per Response: 30 1345 is used to determine whether the 1. Report of Student Beneficiary minutes. spouse/claimant is (or was) legally About to Attain Age 19—0960–0274. Estimated Annual Burden: 20,000 married to the numberholder for the The information collected by the Social hours. purpose of paying Social Security Security Administration (SSA) on form 3. Medical Report (General)—0960– Benefits. The respondents are SSA–1390 is used to determine a 0052. The information collected on form individuals who were married in a student’s eligibility for Social Security SSA–3826–F4 is used by SSA to Chinese custom marriage.
SSA–1344 SSA–1345
Number of Respondents: ...... 10 10 Frequency of Response: ...... 1 1 Average Burden Per Response: ...... 1 14 1 14 Estimated Annual Burden: ...... 2 2.3 2 2.3 1 Minutes. 2 Hours.
6. State Agency Ticket Assignment the form acknowledging their Ticket the program with 13 participating states Form—0960–NEW. assignment. The respondents are State that includes 21 State VR agencies. As The information collected on this VR agencies. the program continues to be phased in, Number of Respondents: 21. form will be used by SSA’s contracted each initial program year will result in Frequency of Response: 4,048 a large number of new tickets for the Program Manager (PM) to perform the annually per respondent. task of assigning beneficiaries’ tickets participating State VRs because existing Average Burden Per Response: 3 clients will also be brought into the and monitoring the use of tickets under minutes. program. the Ticket to Work and Self-Sufficiency Estimated Annual Burden: 4,250 Program. The State Vocational hours. 7. Statement for Determining Rehabilitation (VR) agency answers the Please note that the Ticket to Work Continuing Eligibility, Supplemental questions and the beneficiary reviews Program is being implemented in stages. Security Income Payment—0960– the data and if in agreement will sign The above represents the initial phase of 0145—Forms SSA–8202–F6 and SSA–
VerDate 11
8202–OCR–SM. SSA uses form SSA– determine whether SSI recipients have information similar to that collected on 8202–F6 to conduct low-and middle- met and continue to meet all statutory Form SSA–8202–F6. However it is used error-profile (LEP-MEP) telephone or and regulatory requirements for SSI exclusively in LEP RZ cases on a 6-year face-to-face redetermination (RZ) eligibility and whether they have been cycle. The respondents are recipients of interviews with Supplemental Security and are still receiving the correct SSI benefits or their representative Income (SSI) recipients and payment amount. Form SSA–8202– payees. representative payees. The information OCR–SM (Optical Character collected during the interview is used to Recognition-Self Mailer) collects
Average Estimated Frequency burden per annual Respondents response response burden (minutes) (hours)
SSA–8202–F6 ...... 920,000 1 18 276,000 SSA–8202–OCR–SM ...... 800,000 1 9 120,000
Total Burden ...... 396,000
8. Statement For Determining 10. Notice Regarding Substitution of voluntarily by the beneficiary. The Continuing Eligibility for Supplemental Party Upon Death of Claimant— respondents are Social Security Security Income Payments—0960–0416. Reconsideration of Disability beneficiaries who received SSI SSA uses form SSA–8203–BK for high- Cessation—0960–0351. The Social overpayments. error-profile (HEP) redeterminations. Security Administration uses the form Number of Respondents: 10,000. The information is normally completed SSA–770 to obtain information from Frequency of Response: 1. in field offices by personal contact (face- substitute parties regarding their Average Burden Per Response: 5 to-face or telephone interview) using the intention to pursue the appeals process minutes. automated Modernized SSI Claim for an individual who has died. The Estimated Average Burden: 833 hours. System (MSSICS). The paper form is respondents are such parties. 3. Farm Self-Employment used only when a systems limitation Number of Respondents: 1,200. Questionnaire—0960–0061. Section prevents the interview from being Frequency of Response: 1. 211(a) of the Social Security Act completed on MSSICS. When the paper Average Burden Per Response: 10 requires the existence of a trade or form is used, a tear-off sheet (Pages 7 minutes. business as a prerequisite for and 8 of the form) is given to recipients Estimated Annual Burden: 200 hours. determining whether an individual or at the conclusion of a face-to-face II. The information collections listed partnership may have ‘‘net earnings interview or is mailed to recipients at below have been submitted to OMB for from self-employment.’’ Form SSA– the completion of the telephone clearance. Your comments on the 7156 elicits the information necessary to interview. The tear-off includes information collections would be most determine the existence of an information about how, what, when, useful if received by OMB and SSA agricultural trade or business and where, and why SSI recipients report within 30 days from the date of this subsequent covered earnings for Social when there is a change in income, publication. You can obtain a copy of Security entitlement purposes. The resources, or living arrangements. The the OMB clearance packages by calling respondents are applicants for Social respondents are recipients of title XVI the SSA Reports Clearance Officer on Security benefits whose entitlement SSI benefits. (410) 965–4145, or by writing to him at depends on whether the worker has Number of Respondents: 920,000. the address listed above. covered earnings from self-employment 1. Internet Direct Deposit Frequency of Response: 1. as a farmer. Application—0960–NEW. SSA uses Number of Respondents: 47,500. Average Burden Per Response: 18 Direct Deposit/Electronic Funds Frequency of Response: 1. minutes. Transfer (DD/EFT) enrollment Average Burden Per Response: 10 Estimated Annual Burden: 276,000 information received from beneficiaries minutes. hours. to facilitate DD/EFT of their social Estimated Average Burden: 7,917 9. Summary of Evidence—0960–0430. security benefits with a financial hours. The information on Form SSA–887 is institution. The respondents are Social Dated: May 4, 2001. used by State Disability Determination Security beneficiaries who use the Services (DDS) to provide claimants Frederick W. Brickenkamp, Internet to enroll in DD/EFT. Reports Clearance Officer. with a list of medical/vocational reports Number of Respondents: 3,485. pertaining to their disability. The form Frequency of Response: 1. [FR Doc. 01–11753 Filed 5–9–01; 8:45 am] will aid claimants in reviewing the Average Burden Per Response: 10 BILLING CODE 4191–02–U evidence in their folders and will be minutes. used by hearing officers in preparing for Estimated Average Burden: 581 hours. and conducting hearings. The 2. Request To Have Supplemental DEPARTMENT OF STATE respondents are State DDSs that make Security Income Overpayment Withheld [Public Notice 3659] disability determinations. from My Social Security Benefits— Number of Respondents: 49,000. 0960–0549. Form SSA–730–U2 is used Culturally Significant Objects Imported Frequency of Response: 1. by SSA to confirm that a request has for Exhibition Determinations; ‘‘Mies in Average Burden Per Response: 15 been made by a Social Security Berlin’’ minutes. beneficiary for SSA to recover his/her Estimated Average Burden: 12,250 SSI overpayment from title II benefits DEPARTMENT: United States Department hours. and that the request was made of State.
VerDate 11
ACTION: Notice. ACTION: Notice of intent. potential impacts the project may have on natural, cultural, historic and other SUMMARY: Notice is hereby given of the SUMMARY: The FHWA is issuing this environmental resources. Early following determinations: Pursuant to notice to advise the public that an coordination meetings will be held with the authority vested in me by the Act of Environmental Impact Statement (EIS) federal, state, regional and local October 19, 1965 [79 Stat. 985, 22 U.S.C. will be prepared for the proposed I–69 resource agencies. An environmental corridor in the Evansville, Indiana and 2459], the Foreign Affairs Reform and ‘‘footprint’’ will be developed at the Henderson, Kentucky area. Restructuring Act of 1998 [112 Stat. outset of the study, and will be made 2681 et seq.], Delegation of Authority FOR FURTHER INFORMATION CONTACT: Mr. available at the initial public No. 234 of October 1, 1999 [64 FR Robert Dirks, Environmental Specialist, information meetings. These early 56014], and Delegation of Authority No. Federal Highway Administration, 575 public meetings will be held to solicit 236 of October 19, 1999 [64 FR 57920], North Pennsylvania Street, Room 254, input from citizens and local officials as amended, I hereby determine that the Indianapolis, Indiana 46204. Telephone: prior to the development of detailed objects to be included in the exhibit (317) 226–7492, Fax: (317) 226–7341, e- alternatives. A formal scoping meeting ‘‘Mies in Berlin,’’ imported from abroad mail: robert. dirks@fhwa. dot.gov. will be scheduled with the appropriate for the temporary exhibition without SUPPLEMENTARY INFORMATION: The resource agencies to review the purpose profit within the United States, are of FHWA, in cooperation with the Indiana and need and the conceptual cultural significance. These objects will department of Transportation (INDOT), alternatives to be considered. A second be imported pursuant to loan the Kentucky Transportation Cabinet interagency meeting will be held to agreements with foreign lenders. I also (KYTC) and the Evansville Urban review the selection of alternatives to be determine that the temporary exhibition Transportation Study (EUTS), will retained for detailed study. A third or display of the exhibit objects at The prepare an EIS to determine a proposed interagency review meeting will be held Museum of Modern Art, in New York, route for the I–69 Corridor through the to review the selected action and NY, from on or about June 21, 2001, to Evansville, Indiana-Henderson, conceptual mitigation. Utilizing input on or about September 11, 2001, is in Kentucky area, extending south from I– from these agencies, input received at the national interest. Public Notice of 64 in Indiana to the Pennyrile Parkway public meetings, and information these determinations is ordered to be in Kentucky. The proposed facility is obtained from field review, alternatives published in the Federal Register. anticipated to provide an interstate-type will be developed along with FOR FURTHER INFORMATION CONTACT: For facility with two lanes in each direction preliminary cost estimates for each of further information, including a list of (with the possibility of three lanes in the alternatives. This information, along exhibit objects, contact Julianne each direction depending on forecasted with environmental investigations, will Simpson, Attorney-Adviser, Office of traffic volumes) separated by a median. be presented at a second series of public The study will build upon the previous the Legal Adviser, U.S. Department of information meetings for review and Corridor 18 studies (the Feasibility State (telephone: 202/619–6529). The public comment. address is U.S. Department of State, SA– Study, 1995; the Special Issues Study, 1997; and the Special Environmental Following evaluation of public 44, 301 4th Street, SW., Room 700, comments, alternatives will be refined Washington, DC 20547–0001. Study, 2000), which identified a variety of environmental and location factors and evaluated, a preferred alternative Dated: May 2, 2001. that must be considered prior to the may be identified, and a Draft EIS will Helena Kane Finn, construction of I–69 as an addition to be prepared. Public hearings will then Acting Assistant Secretary for Educational the Interstate System. The EIS will be held in accordance with all State and and Cultural Affairs, Department of State. discuss environmental, social, and Federal requirements. Public notice will [FR Doc. 01–11821 Filed 5–9–01; 8:45 am] economic impacts associated with the be given of the time and place of the BILLING CODE 4710–08–P develoment of the proposed action. public hearings. The Draft EIS will be Up to five (5) possible conceptual available for public and agency review alternatives (including one (1) to the and comment. To ensure that the full east and two (2) to the west of range of issues related to the proposed DEPARTMENT OF TRANSPORTATION Evansville and Henderson, one (1) action are addressed and that all incorporating U.S. 41, and one (1) significant issues are identified, Federal Highway Administration focusing on ITS (Intelligent comments and suggestions are invited Draft Environmental Impact Statement: Transportation Systems) strategies for from all interested parties. Comments or Evansville, IN and Henderson, KY existing US 41 and I–164 through questions concerning this proposed Evansville and Henderson), as well as a action and the EIS should be directed to AGENCY: Federal Highway no-build alternative, will be examined. the FHWA contact at the address Administration (FHWA), DOT. The study will identify and consider provided above.
State contacts FHWA Division contacts
Indiana
Steve Cecil, Deputy Commissioner of Planning and Intermodal Transp., John Baxter, Division Administrator, Federal Highway Administration, Indiana Department of Transportation, 100 North Senate Ave., Room 575 North Pennsylvania St., Room 254, Indianapolis, Indiana 46204; N755, Indianapolis, IN 46204–2249; Phone: 317–232–5535; Fax: Phone: 317–226–7475; Fax: 317–226–7341; e-mail: 317–232–0238; e-mail: [email protected]. [email protected]
VerDate 11
State contacts FHWA Division contacts
Kentucky
John Carr, Deputy State Highway Engineer, Kentucky Transportation Jose Sepulveda, Division Administrator, Federal Highway Administra- Cabinet, State Office Building, Rm. 1005, 501 High Street, Frankfort, tion, 330 W. Broadway, Frankfort, KY 40601; Phone: 502–223–6720; KY 40622; Phone: 502–564–3730; Fax: 502–564–2277; e-mail: Fax: 502–223–6735; e-mail: [email protected] [email protected].
(Catalog of Federal Domestic Assistance approximately three miles south of the regarding intergovernmental consultation on Program No. 20.205, Highway Planning and I–77/I–81 interchange. The northern Federal programs and activities apply to this Construction. The regulations implementing limits are located near Cove Mountain, proposed action.) Executive Order 12372 regarding north of the I–77/I–81 separation in Authority: 23 U.S.C. 315; 49 CFR 1.48 intergovernmental consultation on Federal Wytheville. programs and activities apply to the Issued on: May 3, 2001. program). Recognizing that the National John Simkins, Environmental Policy Act (NEPA) Environmental Protection Specialist. Authority: 23 USC 315; 49 CFR 1.48. process requires the consideration of a [FR Doc. 01–11795 Filed 5–9–01; 8:45 am] Issued on: May 1, 2001. reasonable range of alternatives that will BILLING CODE 4910–22–M Robert Dirks, address the purpose and need, the EIS Environmental Specialist, FHWA, will include a range of alternatives for study consisting of a no-build Indianapolis, Indiana. DEPARTMENT OF TRANSPORTATION [FR Doc. 01–11794 Filed 5–9–01; 8:45 am] alternative as well as alternatives BILLING CODE 4910–22–M consisting of transportation system National Highway Traffic Safety management strategies, mass transit, Administration improvements to existing roadways, DEPARTMENT OF TRANSPORTATION and/or new alignment facilities. These Annual List of Defect and alternatives will be developed, Noncompliance Decisions Affecting Federal Highway Administration screened, and carried forward for Nonconforming Imported Vehicles analysis in the draft EIS based on their AGENCY: Environmental Impact Statement: ability to address the purpose and need National Highway Traffic Wythe County, VA that will be developed while avoiding Safety Administration (NHTSA), DOT. ACTION: Annual list of defect and AGENCY: Federal Highway known and sensitive resources. The scoping process is currently noncompliance decisions affecting Administration, DOT. underway. Scoping letters describing nonconforming imported vehicles. ACTION: Notice of intent. the proposed study and soliciting input SUMMARY: This document contains a list SUMMARY: The Federal Highway are being sent to the appropriate of vehicles recalled by their Administration (FHWA) is issuing this Federal, State and local agencies who manufacturers during Calendar Year notice to advise the public of its intent have expressed or are known to have an 2000 (January 1, 2000 through December to prepare an Environmental Impact interest or legal role in this proposal. 31, 2000) to correct a safety-related Statement in cooperation with the Private organizations, citizens, and defect or a noncompliance with an Virginia Department of Transportation interest groups also will have an applicable Federal motor vehicle safety (VDOT) for the I–77/I–81 Improvement opportunity to provide input into the standard (FMVSS). The listed vehicles Project in Wythe County to address development of the EIS and identify are those that have been decided by safety and capacity issues. issues that should be addressed. No NHTSA to be substantially similar to formal scoping meeting is planned at FOR FURTHER INFORMATION CONTACT: vehicles imported into the United States John this time. Simkins, Environmental Protection that were not originally manufactured to A series of public informational conform to all applicable FMVSS. The Specialist, Federal Highway meetings and a public hearing will be Administration, Post Office Box 10249, registered importers of those held. Notices of public meetings or nonconforming vehicles are obligated to Richmond, Virginia 23240–0249, public hearings will be given through Telephone 804–775–3342. provide their owners with notification various forums providing the time and of, and a remedy for, the defects or SUPPLEMENTARY INFORMATION: The place of the meeting along with other Federal Highway Administration noncompliances for which the listed relevant information. The draft EIS will vehicles were recalled. (FHWA), in cooperation with the be available for public and agency FOR FURTHER INFORMATION CONTACT: Virginia Department of Transportation review and comment prior to the public George Entwistle, Office of Vehicle (VDOT), will prepare an environmental hearing. impact statement (EIS) for the I–77/I–81 To ensure that the full range of issues Safety Compliance, NHTSA (202–366– Improvement Project in Wythe County. related to this proposed action are 5306). Interstates 77 and 81 currently share a identified and taken into account, SUPPLEMENTARY INFORMATION: Under 49 common corridor for approximately comments and input are invited from all U.S.C. 30141(a)(1)(A), a motor vehicle nine miles from immediately east of interested parties. Comments and that was not originally manufactured to Fort Chiswell to the Town of questions concerning the proposed conform to all applicable Federal motor Wytheville. The study area’s limits action and draft EIS should be directed vehicle safety standards (FMVSS) shall begin just west of I–81 exit 70 and to FHWA at the address provided above. be refused admission into the United extend east for a distance of (Catalog of Federal Domestic Assistance States unless NHTSA has decided that approximately 15 miles, ending west of Program Number 20.205, Highway Planning the motor vehicle is substantially the I–81 exit 84. The study window’s and Construction. The regulations similar to a motor vehicle of the same southern limits begin along I–77, implementing Executive Order 12372 model year that was originally
VerDate 11
manufactured for importation into and noncompliance is deemed to exist in contains a list of all such decisions that sale in the United States and certified any nonconforming vehicle that NHTSA were made during Calendar Year 2000. under 49 U.S.C. 30115. Once NHTSA has decided to be substantially similar The list identifies the Recall Number decides that a nonconforming vehicle is and for which a registered importer has that was assigned to the recall by eligible for importation, it may be submitted a certificate of conformity to NHTSA after the agency received the imported by a person who is registered the agency. Under 49 U.S.C. manufacturer’s notification of the defect with the agency pursuant to 49 U.S.C. 30147(a)(1)(B), the registered importer is or noncompliance under 49 CFR Part 30141(c). Before releasing the vehicle deemed to be the nonconforming 573. After December 31, 2001, NHTSA for use on public streets, roads, or vehicle’s manufacturer for the purpose will publish a comparable list of all highways, the registered importer must of providing notification of, and a defect and noncompliance decisions certify to NHTSA, pursuant to 49 U.S.C. remedy for, the defect or affecting nonconforming imported 30146(a), that the vehicle has been noncompliance. vehicles that are made during the brought into conformity with all To apprise registered importers of the current calendar year. applicable FMVSS. vehicles for which they must conduct a Authority: 49 U.S.C. 30147(a)(2); 49 CFR If a vehicle originally manufactured notification and remedy (i.e., ‘‘recall’’) 593.8; delegations of authority at 49 CFR 1.50 for importation into and sale in the campaign, 49 U.S.C. 30147(a)(2) and 501.8. United States is decided to contain a requires NHTSA to publish in the Issued on: May 7, 2001. defect related to motor vehicle safety, or Federal Register notice of any defect or Marilynne Jacobs, not to comply with an applicable noncompliance decision that is made Director Office of Vehicle Safety, Compliance. FMVSS, 49 U.S.C. 30147(a)(1)(A) with respect to substantially similar provides that the same defect or U.S. certified vehicles. Annex A ANNEX A
CALENDAR YEAR 2000 RECALLS AFFECTING VEHICLES IMPORTED BY REGISTERED IMPORTERS
Make Model Year Recall No.
AUDI ...... A6 ...... 2000 00V137000 BLUE BIRD ...... TC2000 ...... 1993 00V321000 BMW ...... 323I ...... 2000 00V048000 BMW ...... 540I ...... 2000 00V048000 BMW ...... K1200RS ...... 1998 00V264000 BMW ...... K1200RS ...... 1998 00V266000 BMW ...... M5 ...... 2000 00V048000 BMW ...... X5 ...... 2000 00V010000 BMW ...... X5 ...... 2001 00V261000 BMW ...... X5 ...... 2001 00V341000 BUICK ...... CENTURY ...... 1998 99V356000 BUICK ...... CENTURY ...... 1999 99V356000 BUICK ...... CENTURY ...... 2000 00V143000 BUICK ...... CENTURY ...... 2000 00V160000 BUICK ...... CENTURY ...... 2000 00V228003 BUICK ...... CENTURY ...... 2000 00V371000 BUICK ...... CENTURY ...... 2001 00V228003 BUICK ...... CENTURY ...... 2001 00V371000 BUICK ...... LESABRE ...... 2000 00V114000 BUICK ...... LESABRE ...... 2000 99V355000 BUICK ...... PARK AVENUE ...... 1997 00V117000 BUICK ...... PARK AVENUE ...... 1998 00V117000 BUICK ...... REGAL ...... 1989 00V189000 BUICK ...... REGAL ...... 1990 00V189000 BUICK ...... REGAL ...... 1991 00V189000 BUICK ...... REGAL ...... 1995 00V171000 BUICK ...... REGAL ...... 1998 99V356000 BUICK ...... REGAL ...... 1999 99V356000 BUICK ...... REGAL ...... 2000 00V143000 BUICK ...... REGAL ...... 2000 00V160000 BUICK ...... REGAL ...... 2000 00V228003 BUICK ...... REGAL ...... 2000 00V371000 BUICK ...... RIVIERA ...... 1995 00V057000 CADILLAC ...... DEVILLE ...... 2000 00V021000 CADILLAC ...... DEVILLE ...... 2000 00V114000 CADILLAC ...... ESCALADE ...... 1999 00V122000 CADILLAC ...... ESCALADE ...... 1999 00V153000 CADILLAC ...... ESCALADE ...... 2000 00V153000 CADILLAC ...... SEVILLE ...... 2000 00V114000 CHEVROLET ...... BLAZER ...... 1998 00V202000 CHEVROLET ...... BLAZER ...... 2000 00V228003 CHEVROLET ...... BLAZER ...... 2001 00V228003 CHEVROLET ...... CAVALIER ...... 1998 00V053000 CHEVROLET ...... CAVALIER ...... 2000 00V201000 CHEVROLET ...... CORVETTE ...... 1997 00V111000 CHEVROLET ...... CORVETTE ...... 1998 00V111000 CHEVROLET ...... CORVETTE ...... 1999 00V111000 CHEVROLET ...... CORVETTE ...... 2000 00V111000
VerDate 11
CALENDAR YEAR 2000 RECALLS AFFECTING VEHICLES IMPORTED BY REGISTERED IMPORTERS—Continued
Make Model Year Recall No.
CHEVROLET ...... EXPRESS ...... 1999 00V085000 CHEVROLET ...... EXPRESS ...... 2000 00V085000 CHEVROLET ...... IMPALA ...... 2000 00V228003 CHEVROLET ...... IMPALA ...... 2000 00V371000 CHEVROLET ...... IMPALA ...... 2001 00V228003 CHEVROLET ...... IMPALA ...... 2001 00V244000 CHEVROLET ...... IMPALA ...... 2001 00V371000 CHEVROLET ...... LUMINA ...... 1990 00V189000 CHEVROLET ...... LUMINA ...... 1991 00V189000 CHEVROLET ...... MONTE CARLO ...... 2000 00V228003 CHEVROLET ...... MONTE CARLO ...... 2001 00V228003 CHEVROLET ...... MONTE CARLO ...... 2001 00V244000 CHEVROLET ...... S10 ...... 1997 00V069000 CHEVROLET ...... S10 ...... 1997 00V069200 CHEVROLET ...... S10 ...... 1997 00V159000 CHEVROLET ...... S10 ...... 1998 00V159000 CHEVROLET ...... S10 ...... 1998 00V202000 CHEVROLET ...... S10 ...... 2000 00V228003 CHEVROLET ...... S10 ...... 2000 00V258001 CHEVROLET ...... S10 ...... 2001 00V228003 CHEVROLET ...... SILVERADO ...... 1999 00X001000 CHEVROLET ...... SILVERADO ...... 2000 00V055000 CHEVROLET ...... SILVERADO ...... 2000 00X001000 CHEVROLET ...... SUBURBAN ...... 1999 00V122000 CHEVROLET ...... SUBURBAN ...... 2000 00V222000 CHEVROLET ...... SUBURBAN ...... 2000 00V343000 CHEVROLET ...... SUBURBAN ...... 2001 00V343000 CHEVROLET ...... TAHOE ...... 1999 00V122000 CHEVROLET ...... TAHOE ...... 2000 00V343000 CHEVROLET ...... TAHOE ...... 2001 00V343000 CHEVROLET ...... VENTURE ...... 2000 00V228003 CHEVROLET ...... VENTURE ...... 2001 00V228003 CHRYSLER ...... 300M ...... 1999 00V034000 CHRYSLER ...... 300M ...... 2000 00V033000 CHRYSLER ...... 300M ...... 2000 00V034000 CHRYSLER ...... 300M ...... 2000 00V366000 CHRYSLER ...... 300M ...... 2001 00V366000 CHRYSLER ...... CIRRUS ...... 2000 00V196000 CHRYSLER ...... CIRRUS ...... 2000 00V366000 CHRYSLER ...... CONCORDE ...... 1999 00V034000 CHRYSLER ...... CONCORDE ...... 2000 00V180000 CHRYSLER ...... CONCORDE ...... 2000 00V366000 CHRYSLER ...... LHS ...... 1999 00V034000 CHRYSLER ...... LHS ...... 2000 00V033000 CHRYSLER ...... LHS ...... 2000 00V034000 CHRYSLER ...... LHS ...... 2000 00V366000 CHRYSLER ...... PT CRUISER ...... 2001 00V366000 CHRYSLER ...... SEBRING ...... 2001 00V299002 CHRYSLER ...... SEBRING ...... 2001 00V306000 CHRYSLER ...... SEBRING ...... 2001 00V320002 CHRYSLER ...... SEBRING ...... 2001 00V366000 DODGE ...... CARAVAN ...... 1993 00V305000 DODGE ...... CARAVAN ...... 1994 00V305000 DODGE ...... DAKOTA ...... 1991 00V106000 DODGE ...... DAKOTA ...... 1992 00V106000 DODGE ...... DAKOTA ...... 1997 00V193000 DODGE ...... DAKOTA ...... 1997 00V198000 DODGE ...... DAKOTA ...... 1997 00V199000 DODGE ...... DAKOTA ...... 1998 00V193000 DODGE ...... DAKOTA ...... 1998 00V198000 DODGE ...... DAKOTA ...... 1999 00V193000 DODGE ...... DAKOTA ...... 1999 00V198000 DODGE ...... DAKOTA ...... 2000 00V193000 DODGE ...... DAKOTA ...... 2000 00V197000 DODGE ...... DAKOTA ...... 2000 00V198000 DODGE ...... DAKOTA ...... 2001 00V366000 DODGE ...... DURANGO ...... 2001 00V366000 DODGE ...... GRAND CARAVAN ...... 1993 00V305000 DODGE ...... GRAND CARAVAN ...... 1994 00V305000 DODGE ...... INTREPID ...... 1999 00V034000 DODGE ...... INTREPID ...... 2000 00V033000 DODGE ...... INTREPID ...... 2000 00V034000
VerDate 11
CALENDAR YEAR 2000 RECALLS AFFECTING VEHICLES IMPORTED BY REGISTERED IMPORTERS—Continued
Make Model Year Recall No.
DODGE ...... INTREPID ...... 2000 00V180000 DODGE ...... INTREPID ...... 2000 00V366000 DODGE ...... INTREPID ...... 2001 00V366000 DODGE ...... NEON ...... 2000 00V194000 DODGE ...... NEON ...... 2000 00V366000 DODGE ...... NEON ...... 2001 00V366000 DODGE ...... NEON ...... 2001 00V415000 DODGE ...... RAM ...... 1994 00V135000 DODGE ...... RAM ...... 1995 00V135000 DODGE ...... RAM ...... 1996 00V135000 DODGE ...... RAM ...... 1998 00V107000 DODGE ...... RAM ...... 1999 00V107000 DODGE ...... RAM ...... 2000 00V007000 DODGE ...... RAM ...... 2000 00V107000 DODGE ...... RAM ...... 2001 00V307000 DODGE ...... RAM ...... 2001 00V366000 DODGE ...... STRATUS ...... 2000 00V196000 DODGE ...... STRATUS ...... 2000 00V366000 DODGE ...... VIPER ...... 2000 00V366000 DODGE ...... VIPER ...... 2001 00V366000 FERRARI ...... 360 MODENA ...... 1999 00V078000 FERRARI ...... 360 MODENA ...... 1999 00V098000 FERRARI ...... 360 MODENA ...... 1999 00V099000 FERRARI ...... 360 MODENA ...... 1999 00V340000 FERRARI ...... 360 MODENA ...... 2000 00V340000 FERRARI ...... 360 MODENA F1 ...... 1999 00V098000 FERRARI ...... 360 MODENA F1 ...... 1999 00V099000 FERRARI ...... 360 MODENA F1 ...... 1999 00V340000 FERRARI ...... 360 MODENA F1 ...... 2000 00V340000 FORD ...... CONTOUR ...... 1996 00V075000 FORD ...... CONTOUR ...... 1997 00V075000 FORD ...... CONTOUR ...... 1998 00V075000 FORD ...... CONTOUR ...... 1998 00V350000 FORD ...... CONTOUR ...... 1999 00V075001 FORD ...... CONTOUR ...... 1999 00V350000 FORD ...... CROWN VICTORIA ...... 1996 00V157001 FORD ...... CROWN VICTORIA ...... 1996 00V157002 FORD ...... CROWN VICTORIA ...... 1997 00V157001 FORD ...... CROWN VICTORIA ...... 1997 00V157002 FORD ...... CROWN VICTORIA ...... 1998 00V157001 FORD ...... CROWN VICTORIA ...... 1998 00V157002 FORD ...... CROWN VICTORIA ...... 1998 00V200000 FORD ...... CROWN VICTORIA ...... 1999 00V157001 FORD ...... CROWN VICTORIA ...... 1999 00V157002 FORD ...... CROWN VICTORIA ...... 1999 00V200000 FORD ...... CROWN VICTORIA ...... 2000 00V157001 FORD ...... CROWN VICTORIA ...... 2000 00V157002 FORD ...... CROWN VICTORIA ...... 2000 00V200000 FORD ...... CROWN VICTORIA ...... 2001 00V270000 FORD ...... CROWN VICTORIA ...... 2001 00V412000 FORD ...... E350 ...... 1999 00V115000 FORD ...... E350 ...... 2000 00V115000 FORD ...... ECONOLINE ...... 1999 00V115000 FORD ...... ECONOLINE ...... 2000 00V115000 FORD ...... ESCAPE ...... 2001 00V210001 FORD ...... ESCAPE ...... 2001 00V223001 FORD ...... ESCAPE ...... 2001 00V260001 FORD ...... ESCAPE ...... 2001 00V277001 FORD ...... ESCAPE ...... 2001 00V387002 FORD ...... ESCORT ...... 2000 00V228001 FORD ...... EXPEDITION ...... 1997 00V073000 FORD ...... EXPEDITION ...... 1997 00V168000 FORD ...... EXPEDITION ...... 1998 00V073000 FORD ...... EXPEDITION ...... 1998 00V168000 FORD ...... EXPEDITION ...... 1999 00V073000 FORD ...... EXPEDITION ...... 2000 00V073000 FORD ...... EXPLORER ...... 1995 00V402000 FORD ...... EXPLORER ...... 1996 00V402000 FORD ...... EXPLORER ...... 1997 00V168000 FORD ...... EXPLORER ...... 1997 00V402000 FORD ...... EXPLORER ...... 1998 00V168000 FORD ...... EXPLORER ...... 1999 00V072000
VerDate 11
CALENDAR YEAR 2000 RECALLS AFFECTING VEHICLES IMPORTED BY REGISTERED IMPORTERS—Continued
Make Model Year Recall No.
FORD ...... EXPLORER ...... 2000 00V072000 FORD ...... EXPLORER ...... 2000 00V179000 FORD ...... EXPLORER ...... 2000 00V228001 FORD ...... F150 ...... 1997 00V168000 FORD ...... F150 ...... 1997 00V231000 FORD ...... F150 ...... 1998 00V168000 FORD ...... F150 ...... 2000 00V228001 FORD ...... F150 ...... 2001 00V348000 FORD ...... F250 ...... 1997 00V231000 FORD ...... F250 ...... 2000 00V228001 FORD ...... FOCUS ...... 2000 00V218000 FORD ...... FOCUS ...... 2000 00V302000 FORD ...... FOCUS ...... 2000 00V303000 FORD ...... FOCUS ...... 2000 00V411000 FORD ...... MUSTANG ...... 1994 00V349000 FORD ...... MUSTANG ...... 1995 00V349000 FORD ...... MUSTANG ...... 1996 00V349000 FORD ...... MUSTANG ...... 1997 00V349000 FORD ...... MUSTANG ...... 1998 00V349000 FORD ...... MUSTANG ...... 1999 00V349000 FORD ...... MUSTANG ...... 2000 00V349000 FORD ...... MUSTANG ...... 2001 00V349000 FORD ...... MUSTANG GT ...... 2000 00V355000 FORD ...... NAVIGATOR ...... 1998 00V168000 FORD ...... RANGER ...... 2000 00V228001 FORD ...... TAURUS ...... 2000 00V242000 FORD ...... TAURUS ...... 2001 00V240000 FORD ...... WINDSTAR ...... 1996 00V168000 FORD ...... WINDSTAR ...... 1997 00V168000 FORD ...... WINDSTAR ...... 1998 00V168000 FORD ...... WINDSTAR ...... 2000 00V020000 FORD ...... WINDSTAR ...... 2000 00V164000 FORD ...... WINDSTAR ...... 2000 00V228001 FORD ...... WINDSTAR ...... 2001 00V270000 FORD ...... WINDSTAR ...... 2001 00V412000 FREIGHTLINER ...... ARGOSY ...... 2000 00V081000 FREIGHTLINER ...... ARGOSY ...... 2000 00V082000 FREIGHTLINER ...... ARGOSY ...... 2000 00V232002 FREIGHTLINER ...... CENTURY ...... 1997 00V232002 FREIGHTLINER ...... CENTURY ...... 2000 00V081000 FREIGHTLINER ...... CENTURY ...... 2000 00V131004 FREIGHTLINER ...... CENTURY ...... 2000 00V232002 FREIGHTLINER ...... STERLING ...... 1999 00V232002 GMC ...... DENALI ...... 1999 00V122000 GMC ...... JIMMY ...... 2000 00V228003 GMC ...... SAVANA ...... 1999 00V085000 GMC ...... SAVANA ...... 2000 00V085000 GMC ...... SIERRA ...... 1999 00X001000 GMC ...... SIERRA ...... 2000 00V055000 GMC ...... SIERRA ...... 2000 00X001000 GMC ...... SONOMA ...... 1998 00V220000 GMC ...... SONOMA ...... 2000 00V258001 GMC ...... SUBURBAN ...... 1999 00V122000 GMC ...... SUBURBAN ...... 2000 00V222000 GMC ...... YUKON ...... 1999 00V122000 GMC ...... YUKON ...... 2000 00V343000 GMC ...... YUKON ...... 2001 00V343000 GMC ...... YUKON XL ...... 2000 00V343000 GMC ...... YUKON XL ...... 2001 00V343000 HONDA ...... ACCORD ...... 2000 00V184000 HONDA ...... CBR929RR ...... 2000 00V257000 HONDA ...... ODYSSEY ...... 1999 00V119000 HONDA ...... ODYSSEY ...... 1999 00V183000 HONDA ...... ODYSSEY ...... 2000 00V119000 HONDA ...... ODYSSEY ...... 2000 00V183000 HONDA ...... S2000 ...... 2000 00V016000 HONDA ...... S2000 ...... 2000 00V316000 HYUNDAI ...... ELANTRA ...... 2000 00V259001 HYUNDAI ...... ELANTRA ...... 2000 00V259002 HYUNDAI ...... TIBURON ...... 1997 00V095002 INFINITI ...... QX4 ...... 2001 00V410000 INTERNATIONAL ...... 2000 ...... 1999 00V176000
VerDate 11
CALENDAR YEAR 2000 RECALLS AFFECTING VEHICLES IMPORTED BY REGISTERED IMPORTERS—Continued
Make Model Year Recall No.
INTERNATIONAL ...... 2000 ...... 1999 00V232001 INTERNATIONAL ...... 2000 ...... 1999 00V246105 INTERNATIONAL ...... 2000 ...... 1999 00V246205 INTERNATIONAL ...... 9200 ...... 1999 00V149000 INTERNATIONAL ...... 9300 ...... 1998 00V149000 INTERNATIONAL ...... 9300 ...... 1999 00V149000 INTERNATIONAL ...... 9400 ...... 2000 00V149000 INTERNATIONAL ...... 9900 ...... 2000 00V149000 JAGUAR ...... S–TYPE ...... 2000 00V228004 JAGUAR ...... S–TYPE ...... 2000 00V359002 JEEP ...... CHEROKEE ...... 1996 00V136000 JEEP ...... CHEROKEE ...... 1997 00V105000 JEEP ...... CHEROKEE ...... 1997 00V136000 JEEP ...... CHEROKEE ...... 1998 00V105000 JEEP ...... CHEROKEE ...... 1998 00V136000 JEEP ...... CHEROKEE ...... 1999 00V105000 JEEP ...... CHEROKEE ...... 1999 00V136000 JEEP ...... CHEROKEE ...... 2001 00V366000 JEEP ...... GRAND CHEROKEE ...... 1996 00V136000 JEEP ...... GRAND CHEROKEE ...... 1997 00V136000 JEEP ...... GRAND CHEROKEE ...... 1998 00V136000 JEEP ...... GRAND CHEROKEE ...... 1999 00V034000 JEEP ...... GRAND CHEROKEE ...... 2000 00V034000 JEEP ...... GRAND CHEROKEE ...... 2000 00V195000 JEEP ...... GRAND CHEROKEE ...... 2001 00V366000 JEEP ...... WRANGLER ...... 2001 00V366000 KAWASAKI ...... NINJA ...... 2000 00V365000 KAWASAKI ...... NINJA ...... 2000 00V384000 LAND ROVER ...... RANGE ROVER ...... 1999 00V142001 LINCOLN ...... LS ...... 2000 00V359001 LINCOLN ...... LS ...... 2001 00V359001 LINCOLN ...... NAVIGATOR ...... 1997 00V073000 LINCOLN ...... NAVIGATOR ...... 1998 00V073000 LINCOLN ...... NAVIGATOR ...... 1999 00V073000 LINCOLN ...... NAVIGATOR ...... 2000 00V073000 LINCOLN ...... TOWN CAR ...... 1996 00V157001 LINCOLN ...... TOWN CAR ...... 1996 00V157002 LINCOLN ...... TOWN CAR ...... 1997 00V157001 LINCOLN ...... TOWN CAR ...... 1997 00V157002 LINCOLN ...... TOWN CAR ...... 1998 00V157001 LINCOLN ...... TOWN CAR ...... 1998 00V157002 LINCOLN ...... TOWN CAR ...... 1998 00V200000 LINCOLN ...... TOWN CAR ...... 1999 00V157001 LINCOLN ...... TOWN CAR ...... 1999 00V157002 LINCOLN ...... TOWN CAR ...... 1999 00V200000 LINCOLN ...... TOWN CAR ...... 2000 00V157001 LINCOLN ...... TOWN CAR ...... 2000 00V157002 LINCOLN ...... TOWN CAR ...... 2000 00V200000 LINCOLN ...... TOWN CAR ...... 2000 00V228001 LINCOLN ...... TOWN CAR ...... 2000 00V368000 MACK ...... CH ...... 1990 00V019003 MACK ...... CH ...... 1993 00V019003 MACK ...... MR ...... 1999 00V230003 MAZDA ...... 626 ...... 1994 99V358000 MAZDA ...... 626 ...... 1998 00V134000 MAZDA ...... MIATA ...... 1995 00V004000 MAZDA ...... MIATA ...... 1999 00V032000 MAZDA ...... MPV ...... 2000 00V113001 MAZDA ...... MX6 ...... 1994 99V358000 MAZDA ...... PROTEGE ...... 1995 00V118000 MAZDA ...... PROTEGE ...... 1999 00V301000 MAZDA ...... TRIBUTE ...... 2001 00V210002 MAZDA ...... TRIBUTE ...... 2001 00V223002 MAZDA ...... TRIBUTE ...... 2001 00V260002 MAZDA ...... TRIBUTE ...... 2001 00V277002 MAZDA ...... TRIBUTE ...... 2001 00V387001 MERCURY ...... COUGAR ...... 1999 00V075001 MERCURY ...... COUGAR ...... 2000 00V075001 MERCURY ...... GRAND MARQUIS ...... 1996 00V157001 MERCURY ...... GRAND MARQUIS ...... 1996 00V157002 MERCURY ...... GRAND MARQUIS ...... 1997 00V157001 MERCURY ...... GRAND MARQUIS ...... 1997 00V157002
VerDate 11
CALENDAR YEAR 2000 RECALLS AFFECTING VEHICLES IMPORTED BY REGISTERED IMPORTERS—Continued
Make Model Year Recall No.
MERCURY ...... GRAND MARQUIS ...... 1998 00V157001 MERCURY ...... GRAND MARQUIS ...... 1998 00V157002 MERCURY ...... GRAND MARQUIS ...... 1998 00V200000 MERCURY ...... GRAND MARQUIS ...... 1999 00V157001 MERCURY ...... GRAND MARQUIS ...... 1999 00V157002 MERCURY ...... GRAND MARQUIS ...... 1999 00V200000 MERCURY ...... GRAND MARQUIS ...... 2000 00V157001 MERCURY ...... GRAND MARQUIS ...... 2000 00V157002 MERCURY ...... GRAND MARQUIS ...... 2000 00V200000 MERCURY ...... MYSTIQUE ...... 1996 00V075000 MERCURY ...... MYSTIQUE ...... 1997 00V075000 MERCURY ...... MYSTIQUE ...... 1998 00V075000 MERCURY ...... VILLAGER ...... 1999 00V292001 MITSUBISHI ...... MONTERO ...... 1992 00V311001 NAVISTAR ...... 2674 ...... 1999 00V022000 NISSAN ...... FRONTIER ...... 2000 00V288000 NISSAN ...... QUEST ...... 1999 00V292002 NISSAN ...... SENTRA ...... 1996 00V063000 NISSAN ...... XTERRA ...... 2000 00V288000 OLDSMOBILE ...... ALERO ...... 1999 00V140000 OLDSMOBILE ...... ALERO ...... 2000 00V140000 OLDSMOBILE ...... AURORA ...... 1995 00V057000 OLDSMOBILE ...... AURORA ...... 2001 00V114000 OLDSMOBILE ...... CUTLASS SUPREME ...... 1995 00V171000 OLDSMOBILE ...... CUTLASS SUPREME ...... 1996 00V171000 OLDSMOBILE ...... INTRIGUE ...... 1998 00V044000 OLDSMOBILE ...... INTRIGUE ...... 1999 00V044000 OLDSMOBILE ...... INTRIGUE ...... 2000 00V114000 OLDSMOBILE ...... INTRIGUE ...... 2000 00V228003 OLDSMOBILE ...... SILHOUETTE ...... 2000 00V228003 OLDSMOBILE ...... SILHOUETTE ...... 2001 00V228003 PETERBILT ...... 320 ...... 1999 00V027000 PLYMOUTH ...... GRAND VOYAGER ...... 1993 00V305000 PLYMOUTH ...... GRAND VOYAGER ...... 1994 00V305000 PLYMOUTH ...... PROWLER ...... 2000 00V366000 PLYMOUTH ...... VOYAGER ...... 1993 00V305000 PLYMOUTH ...... VOYAGER ...... 1994 00V305000 PONTIAC ...... BONNEVILLE ...... 2000 00V114000 PONTIAC ...... GRAND AM ...... 1999 00V140000 PONTIAC ...... GRAND AM ...... 2000 00V116000 PONTIAC ...... GRAND AM ...... 2000 00V140000 PONTIAC ...... GRAND PRIX ...... 1989 00V189000 PONTIAC ...... GRAND PRIX ...... 1991 00V189000 PONTIAC ...... GRAND PRIX ...... 2000 00V228003 PONTIAC ...... GRAND PRIX ...... 2001 00V228003 PONTIAC ...... MONTANA ...... 2000 00V228003 PONTIAC ...... MONTANA ...... 2001 00V228003 PORSCHE ...... 911 ...... 1999 00V109000 PORSCHE ...... 911 ...... 2000 00V109000 PORSCHE ...... 911 CARRERA ...... 1999 00V109000 PREVOST ...... H3–40 ...... 1992 00V389000 PREVOST ...... H3–41 ...... 1997 00V389000 PREVOST ...... H3–41 ...... 1998 00V389000 PREVOST ...... H3–45 ...... 1997 00V389000 PREVOST ...... H3–45 ...... 1998 00V389000 PREVOST ...... H3–45 ...... 1999 00V133000 PREVOST ...... H3–45 ...... 1999 00V389000 PREVOST ...... H3–45 ...... 1999 00V407001 PREVOST ...... H3–45 ...... 2000 00V133000 PREVOST ...... H3–45 ...... 2000 00V342000 PREVOST ...... H3–45 ...... 2000 00V389000 SUZUKI ...... SIDEKICK ...... 1997 00V008000 TOYOTA ...... AVALON ...... 2000 00V154000 TOYOTA ...... CAMRY ...... 2000 00V154000 TOYOTA ...... CAMRY ...... 2000 00V252000 TOYOTA ...... COROLLA ...... 2000 00V252000 TOYOTA ...... ECHO ...... 2000 00V252000 TOYOTA ...... ECHO ...... 2000 00V256000 TOYOTA ...... SOLARA ...... 2000 00V154000 TOYOTA ...... TACOMA ...... 2000 00V252000 TOYOTA ...... TUNDRA ...... 2000 00V103000 VOLKSWAGEN ...... EUROVAN ...... 1993 00V039000
VerDate 11
CALENDAR YEAR 2000 RECALLS AFFECTING VEHICLES IMPORTED BY REGISTERED IMPORTERS—Continued
Make Model Year Recall No.
VOLKSWAGEN ...... GOLF ...... 2000 00V280000 VOLKSWAGEN ...... GOLF ...... 2001 00V280000 VOLVO ...... ACL ...... 1997 00V002002 VOLVO ...... S80 ...... 1999 00V238000 VOLVO ...... S80 ...... 2000 00V238000 VOLVO ...... V70 ...... 2000 00V239000 VOLVO ...... VN ...... 1999 00V246106 VOLVO ...... WCL ...... 1989 00V019001 VOLVO ...... WIA ...... 1993 00V019001
[FR Doc. 01–11811 Filed 5–9–01; 8:45 am] the Dockets Management System How Can I Influence NHTSA’s BILLING CODE 4910–59–P website at http://dms.dot.gov. Click on Thinking on This Evaluation? ‘‘Help & Information’’ or ‘‘Help/Info’’ to NHTSA welcomes public review of obtain instructions for filing the the technical report and invites DEPARTMENT OF TRANSPORTATION document electronically. reviewers to submit comments about the National Highway Traffic Safety You may call Docket Management at data and the statistical methods used in Administration 202–366–9324 and visit the Docket from the analyses. NHTSA will submit to the 10 a.m. to 5 p.m., Monday through Docket a response to the comments and, [Docket No. NHTSA–2001–9620] Friday. if appropriate, additional analyses that RIN 2127–AH98 supplement or revise the technical FOR FURTHER INFORMATION CONTACT: report. Federal Motor Vehicle Safety Charles J. Kahane, Chief, Evaluation How Do I Prepare and Submit Standards; Head Restraints; Review: Division, NPP–22, Plans and Policy, Comments? Effectiveness of Head Restraints in National Highway Traffic Safety Light Trucks; Evaluation Report Administration, Room 5208, 400 Your comments must be written and Seventh Street, SW., Washington, DC in English. To ensure that your AGENCY: National Highway Traffic 20590. Telephone: 202–366–2560. FAX: comments are correctly filed in the Safety Administration (NHTSA), Docket, please include the Docket Department of Transportation. 202–366–2559. E-mail: [email protected]. number of this document (NHTSA– ACTION: Request for comments on 2001–9318) in your comments. technical report. For information about NHTSA’s Your primary comments must not be evaluations of the effectiveness of more than 15 pages long (49 CFR SUMMARY: This notice announces existing regulations and programs: Visit 553.21). However, you may attach NHTSA’s publication of a Technical the NHTSA web site at http:// additional documents to your primary Report reviewing and evaluating its www.nhtsa.dot.gov and click comments. There is no limit on the existing Safety Standard 202, Head ‘‘Regulations & Standards’’ underneath length of the attachments. Restraints. The report’s title is The ‘‘Car Safety’’ on the home page; then Please send two paper copies of your Effectiveness of Head Restraints in Light click ‘‘Regulatory Evaluation’’ on the comments to Docket Management or Trucks. ‘‘Regulations & Standards’’ page. submit them electronically. The mailing DATES: Comments must be received no address is U. S. Department of later than September 7, 2001. SUPPLEMENTARY INFORMATION: Federal Transportation Docket Management, ADDRESSES: Report: You may obtain a Motor Vehicle Safety Standard 202 has Room PL–401, 400 Seventh Street, SW., copy of the report free of charge by required head restraints in front Washington, DC 20590. If you submit sending a self-addressed mailing label to outboard positions for all cars your comments electronically, log onto Publications Ordering and Distribution manufactured January 1, 1969 and later, the Dockets Management System Services (NAD–51), National Highway for sale in the United States. The website at http://dms.dot.gov and click Traffic Safety Administration, 400 National Highway Traffic Safety on ‘‘Help & Information’’ or ‘‘Help/Info’’ Seventh Street, SW., Washington, DC Administration extended the standard to obtain instructions. 20590. A summary of the report is to include light trucks (pickup trucks, We also request, but do not require available on the Internet for viewing on vans, and sport utility vehicles with you to send a copy to Marie Walz, line at www.nhtsa.dot.gov/cars/rules/ Gross Vehicle Weight Rating less than Evaluation Division, NPP–22, National regrev/evaluate/809247.html. The full 10,000 pounds) as of September 1, 1991. Highway Traffic Safety Administration, report is available on the Internet in NHTSA’s 1982 evaluation of head Room 5208, 400 Seventh Street, SW., PDF format at www.nhtsa.dot.gov/cars/ Washington, DC 20590 (alternatively, restraints in passenger cars estimated a rules/regrev/evaluate/pdf/809247.pdf. FAX to 202–366–5377 or e-mail to 13 percent overall reduction in injuries Comments: All comments should [email protected]). She can check refer to the Docket number of this notice to drivers in rear impacts. The current if your comments have been received at (NHTSA–2001–9620). You may submit evaluation, based on data from eight the Docket and she can expedite their your comments in writing to: U. S. states (Florida, Indiana, Maryland, review by NHTSA. Department of Transportation Docket Missouri, North Carolina, Pennsylvania, Management, Room PL–401, 400 Texas, and Utah) estimates that head How Can I Be Sure That My Comments Seventh Street, SW., Washington, DC restraints reduced overall injury risk in Were Received? 20590. You may also submit your light trucks in rear impacts by a If you wish Docket Management to comments electronically by logging onto statistically significant 6 percent. notify you upon its receipt of your
VerDate 11
comments, enclose a self-addressed, 4. On the next page, which contains a petition to revoke will not stamped postcard in the envelope Docket summary information for the automatically stay the transaction. containing your comments. Upon Docket you selected, click on the An original and 10 copies of all receiving your comments, Docket desired comments. You may also pleadings, referring to STB Finance Management will return the postcard by download the comments. Docket No. 34036, must be filed with mail. Authority: 49 U.S.C. 30111, 30168; the Surface Transportation Board, Office of the Secretary, Case Control Unit, 1925 How Do I Submit Confidential Business delegation of authority at 49 CFR 1.50 and K Street, NW., Washington, DC 20423– Information? 501.8. 0001. In addition, one copy of each If you wish to submit any information William H. Walsh, pleading must be served on Yolanda under a claim of confidentiality, send Associate Administrator for Plans and Policy. Grimes Brown, The Burlington Northern three copies of your complete [FR Doc. 01–11748 Filed 5–9–01; 8:45 am] and Santa Fe Railway Company, 2500 submission, including the information BILLING CODE 4910–59–P Lou Menk Drive, P.O. Box 961039, Fort you claim to be confidential business Worth, TX 76161–0039. information, to the Chief Counsel, NCC– Board decisions and notices are 01, National Highway Traffic Safety DEPARTMENT OF TRANSPORTATION available on our website at Administration, Room 5219, 400 ‘‘WWW.STB.DOT.GOV.’’ Surface Transportation Board Seventh Street, SW., Washington, DC Decided: May 2, 2001. 20590. Include a cover letter supplying [STB Finance Docket No. 34036] By the Board, David M. Konschnik, the information specified in our Director, Office of Proceedings. confidential business information The Burlington Northern and Santa Fe Vernon A. Williams, regulation (49 CFR Part 512). Railway Company—Trackage Rights Secretary. In addition, send two copies from Exemption—Union Pacific Railroad [FR Doc. 01–11681 Filed 5–9–01; 8:45 am] which you have deleted the claimed Company BILLING CODE 4915–00–P confidential business information to Docket Management, Room PL–401, 400 Union Pacific Railroad Company (UP) Seventh Street, SW., Washington, DC has agreed to grant overhead trackage DEPARTMENT OF THE TREASURY 20590, or submit them electronically. rights to The Burlington Northern and Santa Fe Railway Company (BNSF) over Submission for OMB Review; Will The Agency Consider Late UP’s rail line on the Black Butte and Comment Request Comments? Valley Subdivisions between Klamath In our response, we will consider all Falls, OR, in the vicinity of UP’s May 3, 2001. comments that Docket Management milepost 428.7 and Binney Junction The Department of the Treasury has receives before the close of business on (Marysville), CA, in the vicinity of UP’s submitted the following public the comment closing date indicated milepost 141.9, a distance of 285 miles. information collection requirement(s) to above under DATES. To the extent BNSF will operate its own trains with OMB for review and clearance under the possible, we will also consider its own crews over UP’s line under the Paperwork Reduction Act of 1995, comments that Docket Management trackage rights agreement.1 Public Law 104–13. Copies of the receives after that date. The transaction was scheduled to be submission(s) may be obtained by Please note that even after the consummated on or shortly after May 1, calling the Treasury Bureau Clearance comment closing date, we will continue 2001. Officer listed. Comments regarding this to file relevant information in the The purpose of the trackage rights is information collection should be Docket as it becomes available. Further, to allow BNSF to bridge its train service addressed to the OMB reviewer listed some people may submit late comments. while BNSF’s main line is out of service and to the Treasury Department Accordingly, we recommend that you for maintenance. Clearance Officer, Department of the periodically check the Docket for new As a condition to this exemption, any Treasury, Room 2110, 1425 New York material. employees affected by the trackage Avenue, NW., Washington, DC 20220. rights will be protected by the DATES: Written comments should be How Can I Read The Comments conditions imposed in Norfolk and Submitted By Other People? received on or before June 11, 2001 to Western Ry. Co.—Trackage Rights—BN, be assured of consideration. You may read the comments by 354 I.C.C. 605 (1978), as modified in visiting Docket Management in person Mendocino Coast Ry., Inc.—Lease and Departmental Offices/Office of at Room PL–401, 400 Seventh Street, Operate, 360 I.C.C. 653 (1980). Financial Institutions Policy SW., Washington, DC from 10 a.m. to 5 This notice is filed under 49 CFR OMB Number: 1505–0178. p.m., Monday through Friday. 1180.2(d)(7). If it contains false or Form Number: None. You may also see the comments on misleading information, the exemption Type of Review: Extension. the Internet by taking the following is void ab initio. Petitions to revoke the Title: Community Adjustment and steps: exemption under 49 U.S.C. 10502(d) Investment Program Grant Agreement. 1. Go to the Docket Management may be filed at any time. The filing of Description: The Department of the System (DMS) Web page of the Treasury (Treasury), as Chair of the Department of Transportation (http:// 1 On April 24, 2001, BNSF and UP filed a petition inter-agency committee established by dms.dot.gov). for exemption in STB Finance Docket No. 34036 (Sub-No. 1), The Burlington Northern and Santa Fe Executive Order No. 12916, dated May 2. On that page, click on ‘‘search.’’ Railway Company—Trackage Rights Exemption— 13, 1994, is sponsoring the North 3. On the next page ((http:// Union Pacific Railroad Company, wherein BNSF American Development Bank’s dms.dot.gov/search/) type in the four- and UP request that the Board permit the proposed (NADBank) collection of financial and overhead trackage rights arrangement described in digit Docket number shown at the the present proceeding to expire on August 8, 2001. project performance information from beginning of this Notice (6545). Click on That petition will be addressed by the Board in a NADBank grantees. Respondents will be ‘‘search.’’ separate decision. State and Local Governments,
VerDate 11
Institutions of Higher Education, and Executive Office Building, Washington, Treasury, Room 2110, 1425 New York Non-Profit Organizations. NADBank DC 20503. Avenue, NW., Washington, DC 20220. disburses grants using monies DATES: Mary A. Able, Written comments should be transferred from the Treasury. The received on or before June 11, 2001 to information collected will be used to Departmental Reports, Management Officer. be assured of consideration. verify grantee compliance with the [FR Doc. 01–11742 Filed 5–9–01; 8:45 am] terms of the Grant Agreement entered BILLING CODE 4810–25–P Internal Revenue Service (IRS) into between NADBank and each OMB Number: 1545–0134. grantee. Form Number: IRS Form 1128. Respondents: Not-for-profit DEPARTMENT OF THE TREASURY Type of Review: Extension. institutions, State, Local or Tribal. Title: Application to Adopt, Change, Submission for OMB Review; or Retain a Tax Year. Estimated Number of Respondents/ Comment Request Description: Form 1128 is needed in Recordkeepers: 18. order to process taxpayers’ requests to May 3, 2001. Estimated Burden Hours Per change their tax year. All information Respondent/Recordkeeper: 126 hours. The Department of Treasury has requested is used to determine whether Frequency of Response: On occasion, submitted the following public the application should be approved. Quarterly, Annually. information collection requirement(s) to Respondents are taxable and nontaxable OMB for review and clearance under the Estimated Total Reporting/ entities including individuals, Paperwork Reduction Act of 1995, Recordkeeping Burden: 414 hours. partnerships, corporations, estates, tax- Public Law 104–13. Copies of the exempt organizations and cooperatives. Clearance Officer: Lois K. Holland submission(s) may be obtained by Respondents: Business or other for- (202) 622–1563, Departmental Offices, calling the Treasury Bureau Clearance profit, Individuals or households, Not- Room 2110, 1425 New York Avenue, Officer listed. Comments regarding this for-profit institutions, Farms. NW., Washington, DC 20220. information collection should be Estimated Number of Respondents/ OMB Reviewer: Alexander T. Hunt addressed to the OMB reviewer listed Recordkeepers: 11,800. (202) 395–7860, Office of Management and to the Treasury Department Estimated Burden Hours Per and Budget, Room 10202, New Clearance Officer, Department of the Respondent/Recordkeeper:
Preparing, copying, assem- Form Recordkeeping Learning about the law or the form bling and sending the forms to the IRS
Form 1128, Parts I and II ...... 8 hr., 36 min ...... 6 hr., 34 min ...... 6 hr., 59 min. Form 1128, Parts I and III ...... 20 hr., 48 min ...... 5 hr., 25 min ...... 7 hr., 12 min.
Frequency of Response: On occasion. Respondents: Business or other for- Title: Information Return of U.S. Estimated Total Reporting/ profit. Persons with Respect to Certain Foreign Recordkeeping Burden: 361,720 hours. Estimated Number of Respondents/ Corporations. OMB Number: 1545–0200. Recordkeepers: 39,000. Description: Form 5471 and related Form Number: IRS Form 5307. Estimated Burden Hours Per schedules are used by U.S. persons that Type of Review: Extension. Respondent/Recordkeeper: have an interest in a foreign corporation. Title: Application for Determination Recordkeeping—5 hr., 15 min. The form is used to report income from for Adopters of Master or Prototype, the foreign corporation. The form and Regional Prototype or Volume Submitter Learning about the law or the form—4 hr., 9 min. schedules are used to satisfy the Plans. reporting requirements of sections 6035, Description: This form is filed by Preparing the form—8 hr., 9 min. 6038 and the regulations thereunder employers or plan administrators who Copying, assembling, and sending the pertaining to the involvement of U.S. have adopted a master or prototype plan form to the IRS—1 hr., 4 min. persons with certain foreign approved by the IRS National Office or Frequency of Response: On occasion. corporations. regional prototype plan approved by the Estimated Total Reporting/ IRS District Director to obtain a ruling Respondents: Business or other for- Recordkeeping Burden: 726,570 hours. that the plan adopted is qualified under profit, Individuals or households. Internal Revenue Code (IRC) sections OMB Number: 1545–0704. Estimated Number of Respondents/ 401(a) and 501(a). It may not be used to Form Number: IRS Form 5471 and Recordkeepers: 43,000. request a letter for multiple employer Related Schedules. Estimated Burden Hours Per plan. Type of Review: Extension. Respondent/Recordkeeper:
Preparing, copying, assem- Form/schedule Recordkeeping Learning about the law or the form bling and sending the form to the IRS
5471 ...... 82 hr., 45 min ...... 15 hr., 50 min ...... 23 hr., 53 min. Schedule J (5471) ...... 3 hr., 49 min ...... 1 hr., 29 min ...... 1 hr., 37 min. Schedule M (5471) ...... 26 hr., 33 min ...... 6 min ...... 32 min.
VerDate 11
Preparing, copying, assem- Form/schedule Recordkeeping Learning about the law or the form bling and sending the form to the IRS
Schedule N (5471) ...... 8 hr., 22 min ...... 2 hr., 28 min ...... 2 hr., 43 min. Schedule O (5471) ...... 10 hr., 45 min ...... 24 min ...... 35 min.
Frequency of Response: Annually. Estimated Total Reporting/ OCC’s opinion of whether Federal law Estimated Total Reporting/ Recordkeeping Burden: 39,180 hours. would preempt certain provisions of Recordkeeping Burden: 6,665,205 hours. OMB Number: 1545–1189. Ohio law that limit the ability of OMB Number: 1545–0954. Form Number: IRS Form 8819. national banks to engage in the business Form Number: IRS Form 1120–ND. Type of Review: Extension. of leasing automobiles. The OCC has Type of Review: Extension. Title: Dollar Election Under Section determined that the state law Title: Return for Nuclear 985. provisions, as applied, would be Decommissioning Funds and Certain Description: Form 8819 is filed by preempted under Federal law. Related Persons. U.S. and foreign businesses to elect the FOR FURTHER INFORMATION CONTACT: Description: A nuclear utility files U.S. dollar as their functional currency MaryAnn Nash, Senior Attorney, or Form 1120–ND to report the income and or as the functional currency of their Mark Tenhundfeld, Assistant Director, taxes of a fund set up by the public controlled entities. The IRS uses Form Legislative and Regulatory Activities utility to provide cash for dismantling of 8819 to determine if the election is Division, (202) 874–5090. properly made. the nuclear power plant. The IRS uses SUPPLEMENTARY INFORMATION: The Respondents: Business or other for- Form 1120–ND to determine if the fund request for a preemption opinion was profit. income taxes are correctly computed submitted by two national banks that Estimated Number of Respondents/ and if a person related to the fund or the engage in the business of motor vehicle Recordkeepers: 1,500. nuclear utility must pay taxes on self- leasing in Ohio (collectively, the Estimated Burden Hours Per dealing. Requester). As part of that business, the Respondent/Recordkeeper: Respondents: Business or other for- Requester disposes of vehicles that profit. Recordkeeping—2 hr., 52 min. come off lease at the end of the lease Estimated Number of Respondents/ Learning about the law or the form—1 term or as a result of early termination Recordkeepers: 100. hr., 17 min. or the lessor’s default. The Requester Estimated Burden Hours Per Preparing and sending the form to the seeks to sell these vehicles directly to Respondent/Recordkeeper: IRS—1 hr., 23 min. the public in order to obtain the highest Recordkeeping—23 hr., 12 min. Frequency of Response: On occasion. price. Learning about the law or the form—3 Estimated Total Reporting/ On November 12, 1993, the Registrar hr., 7 min. Recordkeeping Burden: 8,340 hours. of the Ohio Bureau of Motor Vehicles Preparing the form—5 hr., 30 min. Clearance Officer: Garrick Shear, (OBMV) issued a memorandum Copying, assembling, and sending the Internal Revenue Service, Room 5244, concluding that section 4517 of the form to the IRS—32 min. 1111 Constitution Avenue, NW., Ohio Revised Code 1 prohibits the Frequency of Response: Annually. Washington, DC 20224. public sale of reclaimed leased vehicles. Estimated Total Reporting/ OMB Reviewer: Alexander T. Hunt The memorandum interpreted Ohio law Recordkeeping Burden: 3,235 hours. (202) 395–7860, Office of Management to permit direct sales to the public in OMB Number: 1545–1038. and Budget, Room 10202, New the case of repossessed vehicles, but Form Number: IRS Form 8703. Executive Office Building, Washington, then concluded that vehicles reclaimed Type of Review: Extension. DC 20503. from a lessor for non-payment were not Title: Annual Certification of a Lois K. Holland, considered repossessed vehicles. As a Residential Rental Project. Departmental Reports, Management Officer. result of this interpretation, reclaimed Description: Operators of qualified leased vehicles can only be sold at [FR Doc. 01–11822 Filed 5–9–01; 8:45 am] residential projects will use to certify wholesale to persons licensed under annually that their projects meet the BILLING CODE 4830–01–P section 4517 as ‘‘dealers.’’ requirements of Internal Revenue Code The Requester has asked for the OCC’s (IRC) section 142(d). Operators are DEPARTMENT OF THE TREASURY opinion on whether the National Bank required to file this certification under Act would preempt section 4517 as section 142(d)(7). Office of the Comptroller of the interpreted by the OBMV. The National Respondents: Business or other for- Currency Bank Act authorizes national banks to profit. engage in leasing activities consistent Estimated Number of Respondents/ [Docket No. 01–09] with the provisions of 12 CFR 23.2 The Recordkeepers: 6,000. Preemption Opinion Requester asserts that this authority Estimated Burden Hours Per includes the authority to dispose of Respondent/Recordkeeper: AGENCY: Office of the Comptroller of the reclaimed or off-lease vehicles in the Recordkeeping—3 hr., 49 min. Currency, Treasury. manner that is economically most Learning about the law or the form—1 ACTION: Notice. beneficial. The Requester further asserts hr., 17 min. that the OBMV’s construction of Ohio Preparing and sending the form to the SUMMARY: The Office of the Comptroller IRS—1 hr., 24 min. of the Currency (OCC) is publishing its 1 Ohio Rev. Code Ann. § 4517. Frequency of Response: Annually. response to a written request for the 2 12 U.S.C. 24 (Seventh) and 12 U.S.C. 24 (Tenth).
VerDate 11
law impairs its ability to exercise its Background to comment on whether federal law preempts Federally authorized power. The Banks are engaged in the business of the Ohio law. The OCC received seven leasing automobiles. As part of the leasing comments in response to the Notice. Six Section 114 of the Riegle-Neal commenters opined that Federal law Interstate Banking and Branching business, the Banks dispose of vehicles that come off lease at the end of the lease term preempts the type of state law in question. Efficiency Act of 1994 generally requires or as a result of early termination or the One commenter asserted that it does not. the OCC to publish notice in the Federal lessor’s default. The Banks want to dispose Each of the commenters who thought that Register requests for preemption of these vehicles in the manner they believe federal law preempts the Ohio law cited the opinions in one of the four specified will result in the highest sales price in order authority of national banks under 12 U.S.C. areas: community reinvestment, to avoid or limit the losses taken on returned 24 (Seventh) to engage in leasing activities vehicles. The Banks assert that selling and noted that Federal law preempts state consumer protection, fair lending, or the laws that purport to restrict an activity that 3 reclaimed automobiles directly to the public establishment of intrastate branches. is authorized by Federal law. Several at auction typically yields the best price.4 Section 114 also requires the OCC to commenters offered factual support for the On November 12, 1993, the Ohio Bureau of publish any final opinion letter in assertion that selling reclaimed vehicles Motor Vehicles (the OBMV) issued a directly to the public generally yields a which the OCC concludes that federal memorandum that effectively prohibited the higher price. law preempts a state law in one of these public sale of reclaimed leased vehicles. The The Ohio Department of Public Safety four areas. Without expressly OBMV interpreted Ohio law to permit direct (OPDS) filed the only comment letter determining whether section 114 sales to the public only in the case of asserting that Federal law does not preempt applied to this request, the OCC repossessed vehicles.5 The memorandum the Ohio law. In that letter, the ODPS argued specifically states that leased vehicles published a Notice of Request for that there is no basis for preemption because reclaimed from the lessor for non-payment Preemption Determination dated the Ohio statute in question does not conflict are not considered repossessed vehicles. October 16, 2000. The OCC is with Federal law. publishing its response to the request as Since the issuance of that memorandum, the Banks have been required to sell their Analysis an appendix to this notice. reclaimed or off-lease vehicles only at As is explained in greater detail in the wholesale auctions to dealers licensed under Permissibility of the activity response, the OCC agrees that national Ohio law. It is well established that national banks banks, as part of their authority to The Banks assert that the OBMV’s are authorized to engage in the business of engage in the business of leasing construction of the Ohio law to prohibit leasing automobiles. M&M Leasing Corporation v. Seattle First National Bank, automobiles under 12 U.S.C. 24 public sales of reclaimed lease vehicles impairs their ability to exercise their leasing 563 F. 2d 1377 (9th Cir. 1977). In M&M (Seventh) and 12 U.S.C. 24 (Tenth) may authority. The Banks have asked the OCC for Leasing, the court determined that personal sell reclaimed or off-lease vehicles in its opinion on whether the National Bank Act property leasing was a permissible activity the manner that is most economically preempts chapter 4517 of the Ohio Revised for national banks because it was the beneficial. The OCC further agrees that Code as interpreted by the OBMV. functional equivalent of lending, an express the Ohio law, as interpreted by the On October 25, 2000, the OCC published power under the National Bank Act, 12 OBMV, would be preempted, because it a notice of your request in the Federal U.S.C. 24 (Seventh). Id. at 1382. In 1987, would frustrate the ability of national Register (Notice),6 inviting interested parties Congress specifically authorized national banks to operate their leasing businesses banks to lease personal property. 12 U.S.C. 4 24 (Tenth).7 See also 12 CFR Part 23 (OCC in an economically efficient manner The Banks state that selling reclaimed automobiles directly to the public nets the Banks regulation authorizing leasing for national consistent with safe and sound banking on average $1500 more per vehicle than selling the banks and establishing requirements principles. vehicles at wholesale auctions, that is auctions in applicable to leasing activities conducted which only automobile dealers participate. Arguing Dated: May 2, 2001. pursuant to 12 U.S.C. 24 (Seventh) and 12 in support of the Banks’ position, one commenter U.S.C. 24 (Tenth)). John D. Hawke, Jr., suggested that this differential is supported by an The authority to engage in the business of Comptroller of the Currency. analysis of prices in the November 2000 edition of the Black Book National Auto Research Official leasing includes the authority to dispose of Appendix Used Car Market Guide Monthly. leased property at the end of the lease. Courts 5 The OBMV memorandum appears to interpret have long recognized the ability of national May 3, 2001. section 4517 of the Ohio Revised Code. That section banks to engage in the component activities Thomas A. Plant, Senior Vice President, generally provides that no person shall— of a permissible business. See Franklin Nat’l. Assistant General Counsel, National City Engage in the business of offering for sale, Bank v. New York, 347 U.S. 373 (1954) displaying for sale, or selling at retail or wholesale (national banks may advertise bank services); Bank, 1900 East Ninth Street, Cleveland, used motor vehicles or assume to engage in that Ohio 44114–3484. Auten v. United States Nat’l. Bank, 174 U.S. business, unless the person is licensed as a dealer 125 (1899) (national bank may borrow Re: Request for Preemption Determination under sections 4517.01 to 4517.45 of the Revised money); Arnold Tours, Inc. v. Camp, 472 Dear Mr. Plant: Code, or is a salesperson licensed under those F.2d 427 (1st Cir. 1972) (activity is This responds to your letter dated sections and employed by a licensed used motor vehicle dealer or licensed new motor vehicle permissible if it is convenient or useful to the September 14, 2000, filed on behalf of dealer.’’ business of banking). In these cases, the National City Bank, Cleveland, Ohio and Ohio Rev. Code Ann. § 4517.02(A)(2)(Anderson courts’ holdings relied on whether the National City Bank of Indiana, Indianapolis, 1999). activity in question was ‘‘useful’’ to national Indiana (the Banks). The Banks are wholly- The law provides an exception for ‘‘mortgagees banks in exercising their express powers. owned subsidiaries of National City selling at retail only those motor vehicles that have In the situation you present, clearly the Corporation, a financial holding company come into their possession by a default in the terms ability to dispose of reclaimed lease property headquartered in Cleveland, Ohio. In that of the mortgage contract.’’ Ohio Rev. Code Ann. is useful to banks engaging in leasing § 4517.02(A)(2)(Anderson 1999). Ohio law provides letter, you request our opinion on whether no similar exception for reclaimed leased vehicles. activities. Without the ability to dispose of Federal law would preempt certain 6 65 FR 63916 (October 25, 2000) (the Notice). As provisions of Ohio law that limit the manner stated in the Notice, section 114 of the Riegle-Neal lending, and the establishment of interstate in which reclaimed leased vehicles may be Interstate Banking and Branching Efficiency Act of branches. The OCC decided to publish the notice sold. For the reasons discussed below, it is 1994 (Pub. L. 103–328, sec. 114, 108 Stat. 2338, and invite comments on the issues raised in your our opinion that Federal law would preempt 2366–68 (1994), codified at 12 U.S.C. 43) requires letter without making a determination as to whether those provisions. the OCC to publish notice in the Federal Register section 114 applies to your request. before issuing a final written opinion about the 7 Your letter does not indicate on which source preemptive effect of Federal law in the areas of of authority the Banks rely in conducting the 3 12 U.S.C. 43. community reinvestment, consumer protection, fair leasing activities in question.
VerDate 11
reclaimed leased property, the banks could national banks, these cases [i.e., national While the Ohio law, as interpreted by the not conduct the leasing business. Thus, the bank preemption cases] take the view that OBMV, does not prohibit a national bank issue presented by your letter is whether normally Congress would not want States to from disposing of reclaimed vehicles, it does Federal law preempts a state law that forbid, or to impair significantly, the exercise restrict national banks from disposing of restricts an essential aspect or component of of a power that Congress explicitly granted. leased vehicles in one of the usual and an activity expressly authorized for a To say this is not to deprive States of the customary ways of doing so, namely, selling national bank. power to regulate national banks, where directly to the public. You have represented * * * doing so does not prevent or Preemptive effect of Federal law that the Banks’ experience indicates that significantly interfere with the national selling reclaimed vehicles directly to the When the federal government acts within bank’s exercise of its powers. public is the best way to recover vehicle the sphere of authority conferred upon it by Barnett, 517 U.S. at 33. costs. The OBMV has interpreted Ohio law the Constitution, the Supreme Court has held The Court has held that Federal law to prohibit lessors from selling reclaimed that Federal law is paramount over, and thus preempts not only state laws that purport to vehicles at non-dealer auctions. preempts, state law. U.S. Const. art. VI, cl. 2 prohibit a national bank from engaging in an In our opinion, to the extent it is (the Supremacy Clause); Cohen v. Virginia, activity permissible under Federal law but interpreted and applied in this manner, Ohio 19 U.S. (6 Wheat.) 264, 414 (1821) (Marshall, also state laws that condition the exercise by law frustrates the Banks’ ability to operate C.J.). Federal authority over national banks a national bank of a Federally authorized their leasing businesses in an economically stems from several constitutional sources, activity. efficient manner consistent with safe and including the Necessary and Proper Clause [W]here Congress has not expressly sound banking principles. Applying the and the Commerce Clause of the United conditioned the grant of ‘power’ upon a grant standards set forth in Barnett, the state law States Constitution. U.S. Const. art. I, § 8, of state permission, the Court has ordinarily significantly interferes with the Banks’ cl.3, cl. 18; McCulloch v. Maryland, 17 U.S. found that no such condition applies. In exercise of their Federal powers. Therefore, (4 Wheat.) 316, 409 (1819). Franklin Nat. Bank, the Court made this it is our opinion that Federal law preempts The United States Supreme Court has point explicit. It held that Congress did not the Ohio statute as interpreted by the OBMV. identified several bases for Federal intend to subject national banks’ power to preemption of state law. First, Congress may local restrictions because the federal power- Our conclusions are based on the facts and enact a statute that preempts state law. E.g., granting statute there in question contained representations made in your letter. Any Jones v. Rath Packing Co., 430 U.S. 519 ‘no indication that Congress[so] intended material change in facts or circumstances (1977). Second, a Federal statute may create * * * as it has done by express language in could affect the conclusions stated in this a scheme of Federal regulation ‘‘so pervasive several other instances.’ letter. as to make reasonable the inference that Barnett, 517 U.S. at 34 (citations omitted; Sincerely, Congress left no room for the States to emphasis in original). Julie L. Williams, supplement it.’’ Rice v. Norman Williams Thus, a conflict between state law and Co., 458 U.S. 654, 659 (1982). Third, the state Federal law need not be complete in order for First Senior Deputy Comptroller and Chief law may conflict with a Federal law. See, Federal law to have preemptive effect. If a Counsel. e.g., Franklin National Bank, supra; Davis v. state law places limits on an unrestricted [FR Doc. 01–11744 Filed 5–9–01; 8:45 am] Elmira Savings Bank, 161 U.S. 275 (1896). grant of authority under Federal law, the BILLING CODE 4810–33–P In elaborating on the concept of conflict, state law will be preempted.8 the Supreme Court has recognized that conflict may exist even where compliance Application to Ohio law with both Federal and state law is possible. In disposing of reclaimed property, The Barnett court recognized that— national banks, like any other businesses, DEPARTMENT OF VETERANS Federal law may be in ‘‘irreconcilable will endeavor to maximize their recovery on AFFAIRS conflict’’ with state law. Rice v. Norman the property by disposing of it in the manner Williams Co., 458 U.S. 654, 659 (1982). that will bring the highest return. In the case Advisory Committee on Prosthetics Compliance with both statutes, for example, of national banks, the ordinary motivation to and Special-Disabilities Programs; may be a ‘‘physical impossibility,’’ Florida maximize return and minimize loss is Notice of Meeting Lime & Avocado Growers, Inc. v. Paul, 373 reinforced by the legal obligation to operate U.S. 132, 142–143 (1963); or, the state law in a safe and sound manner. National banks The Department of Veterans Affairs may ‘‘stan[d] as an obstacle to the that engage in the business of automobile (VA) gives notice under Public Law 92– accomplishment and execution of the full leasing are required by regulation to liquidate 463 that a meeting of the Advisory purposes and objectives of Congress.’’ Hines or re-lease such property as soon as Committee on Prosthetics and Special- v. Davidowitz, 312 U.S. 52, 67 (1941). practicable. 12 CFR 23.4(c). This requirement Disabilities Programs will be held Barnett Bank v. Nelson, 517 U.S. 25, 31 is contained in a section of the OCC’s (1996) (emphasis added). regulations designed ensure that national Tuesday and Wednesday, May 22–23, The Supreme Court has recognized that banks limit their exposure by conducting 2001, at VA Headquarters, Room 230, state law generally should not limit powers their leasing businesses in a safe and sound 810 Vermont Avenue, NW., granted by Congress— manner. See 12 CFR Part 23. A state law that Washington, DC. The May 22 session In using the word ‘‘powers,’’ the statute prohibits a bank from disposing of off-lease will convene at 8 a.m. and adjourn at 4 chooses a legal concept that, in the context property in the way that is most p.m. and the May 23 session will of national bank legislation, has a history. economically beneficial not only limits the convene at 8 a.m. and adjourn at 12 That history is one of interpreting grants of bank’s exercise of its Federally authorized noon. The purpose of the Committee is power, but also increases the bank’s loss both enumerated and incidental ‘‘powers’’ to to advise the Department on its national banks as grants of authority not exposure in a manner that is inconsistent normally limited by, but rather ordinarily with safe and sound banking principles. prosthetic programs designed to provide preempting, contrary state law. state-of-the-art prosthetics and the Barnett, 517 U.S. at 32. See also Bank One 8 See also OCC Interpretive Letter No. 866 (Oct. associated rehabilitation research, v. Guttau, 190 F.3d 844, 847 (8th Cir.1999). 8, 1999) (opining that state law requirements that development, and evaluation of such In determining whether a state law stands preclude national banks from soliciting trust technology. The Committee also advises as an obstacle to a national bank’s exercise business from customers located in states other than where the bank’s main office is located would be the Department on special disability of a Federally authorized power, the programs which are defined as any Supreme Court has evaluated whether a state preempted); OCC Interpretive Letter No. 749 (Sept. 13, 1996) (opining that state law requiring national program administered by the Secretary statute interferes with the ability of a national banks to be licensed by the state to sell annuities to serve veterans with spinal cord bank to exercise that power. The Barnett would be preempted); OCC Interpretive Letter 644 Court stated that— (March 24, 1994) (opining that state registration and injury, blindness or vision impairment, In defining the pre-emptive scope of fee requirements imposed on mortgage lenders loss of or loss of use of extremities, statutes and regulations granting a power to would be preempted). deafness or hearing impairment, or
VerDate 11
other serious incapacities in terms of National Program Directors of the The meeting is open to the public. For daily life functions. Special-Disabilities Programs regarding those wishing to attend, please contact On the morning of May 22, the the status of their activities over the last Ms. Kathy Pessagno, Veterans Health Committee will hold a joint meeting six months. In the afternoon, a briefing Administration (113), Department of with the Veterans’ Advisory Committee concerning the current status of VA’s Veterans Affairs, 810 Vermont Avenue, on Rehabilitation to discuss mutual Capacity Report will be presented by the NW., Washington, DC 20420, at (202) issues and concerns. Both Committees newly appointed Clinical Coordinator or 273–8512, prior to the meeting. will also receive a briefing on the her designee. On the morning of May current status of the rehabilitation bed Dated: May 2, 2001. 23, the Committee will continue to issue by the Chief Consultant of the By Direction of the Secretary. receive briefings by the National Rehabilitation Strategic Healthcare Program Directors of the special Ventris C. Gibson, Group. At the conclusion of the joint Committee Management Officer. meeting, the Advisory Committee on disability programs, i.e., spinal cord [FR Doc. 01–11746 Filed 5–9–01; 8:45 am] Prosthetics and Special-Disabilities injury, blind rehabilitation, audiology Programs will receive briefings by the and speech pathology, and prosthetics. BILLING CODE 8320–01–M
VerDate 11
Corrections Federal Register Vol. 66, No. 91
Thursday, May 10, 2001
This section of the FEDERAL REGISTER contains editorial corrections of previously published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are prepared by the Office of the Federal Register. Agency prepared corrections are issued as signed documents and appear in the appropriate document categories elsewhere in the issue.
DEPARTMENT OF THE TREASURY Customs Service
19 CFR Part 102 T.D. [01–36] RIN 1515–AC80
Rules of Origin for Textile and Apparel Products Correction In rule document 01–10719, beginning on page 21660, in the issue of Tuesday, May 1, 2001, make the following correction: § 102.21 [Corrected] On page 21664, in the table, §102.21, under the heading ‘‘ HTSUS’’ the fourth number, ‘‘6301–6303’’ should read ‘‘6301–6306’’. [FR Doc. C1–10719 Filed 5–9–01; 8:45 am] BILLING CODE 1505–01–D
VerDate 11
Part II
Department of Health and Human Services Health Care Financing Administration
42 CFR Parts 410, et al. Medicare Program, Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities—Update; Proposed Rule
VerDate 11
DEPARTMENT OF HEALTH AND delayed and could be considered late. B. Requirements of the Balanced Budget HUMAN SERVICES Because of staffing and resource Act of 1997 for Updating the Prospective limitations, we cannot accept comments Payment System for Skilled Nursing Health Care Financing Administration by facsimile (FAX) transmission. Please Facilities C. The Medicare, Medicaid, and SCHIP refer to file code HCFA–1163–P on each Balanced Budget Refinement Act of 1999 42 CFR Parts 410, 411, 413, 424, 482, comment. Comments received timely (BBRA 1999) and 489 will be available for public inspection as D. The Medicare, Medicaid, and SCHIP [HCFA–1163–P] they are received, generally beginning Benefits Improvement and Protection approximately 3 weeks after publication Act of 2000 (BIPA 2000) RIN 0938–AK47 of this document, in Room C5–12–08 of E. Skilled Nursing Facility Prospective the Health Care Financing Payment—General Overview Medicare Program; Prospective Administration, 7500 Security 1. Payment Provisions—Federal Rates Payment System and Consolidated 2. Payment Provisions—Transition Period Boulevard, Baltimore, Maryland, F. Skilled Nursing Facility Market Basket Billing for Skilled Nursing Facilities— Monday through Friday of each week Update Index from 8:30 a.m. to 5 p.m. Please call (410) II. Update of Payment Rates Under the AGENCY: Health Care Financing 786–7197 to make an appointment to Prospective Payment System for Skilled Administration (HCFA), HHS. view comments. Nursing Facilities FOR FURTHER INFORMATION CONTACT: A. Federal Prospective Payment System ACTION: Proposed rule. 1. Costs and Services Covered by the Dana Burley, (410) 786–4547 or Sheila Federal Rates SUMMARY: This proposed rule updates Lambowitz, (410) 786–7605 (for 2. Methodology Used for the Calculation of the payment rates used under the information related to the case-mix the Federal Rates prospective payment system (PPS) for classification methodology) B. Case-Mix Adjustment skilled nursing facilities (SNFs), for John Davis, (410) 786–0008 (for C. Wage Index Adjustment to Federal Rates fiscal year (FY) 2002, as required by information related to the Wage D. Updates to the Federal Rates statute. Annual updates to the PPS rates Index) E. Relationship of RUG–III Classification are required by section 1888(e) of the Bill Ullman, (410) 786–5667 (for System to Existing Skilled Nursing information related to consolidated Facility Level-of-Care Criteria Social Security Act (the Act), as F. Three-year Transition Period amended by the Medicare, Medicaid, billing) G. Example of Computation of Adjusted and SCHIP Balanced Budget Refinement Susan Burris, (410) 786–6655 (for PPS Rates and SNF Payment Act of 1999 (BBRA 1999), and the information related to payment) III. The Skilled Nursing Facility Market Medicare, Medicaid, and SCHIP Sheila Lambowitz, (410) 786–7605 (for Basket Index Benefits Improvement and Protection information related to swing-bed A. Background Act of 2000 (BIPA 2000), relating to providers) B. Rebasing and Revising the SNF Market Bill Ullman, (410) 786–5667 or Susan Basket Medicare payments and consolidated IV. Update Framework billing for SNFs. As part of this annual Burris, (410) 786–6655 (for general information) A. The Need for an Update Framework update, we are rebasing and revising the B. Factors Inherent in SNF Payments per routine SNF market basket to reflect SUPPLEMENTARY INFORMATION: Day 1997 total cost data (the latest available Copies: To order copies of the Federal C. Defining Each Factor Inherent in SNF complete data on the structure of SNF Register containing this document, send Costs per Day costs), and modifying certain variables your request to: New Orders, 1. Input Prices for some of the cost categories. In Superintendent of Documents, P.O. Box 2. Productivity addition, we propose to implement the 371954, Pittsburgh, PA 15250–7954. 3. Real Case-Mix per Day The cost for each copy is $9. Please 4. Case-Mix Constant Real Output Intensity transition of swing-bed facilities to the per Day SNF PPS, as required by section specify the date of the issue requested D. Applying the Factors that Affect SNF 1888(e)(7) of the Act. and enclose a check or money order Costs per Day in an Update Framework DATES: We will consider comments if payable to the Superintendent of E. Current HCFA Inpatient Hospital PPS we receive them at the appropriate Documents, or enclose your Visa or and Illustrative SNF PPS Payment address, as provided below, no later Master Card number and expiration Update Frameworks F. Additional Conceptual and Data Issues than 5 p.m. on July 9, 2001. date. Credit card orders can also be placed by calling the order desk at (202) V. Consolidated Billing ADDRESSES: Mail written comments (one 512–1800 (or toll free at 1–888–293– VI. Application of the SNF PPS to SNF original and three copies) to the Services Furnished by Swing-Bed 6498) or by faxing to (202) 512–2250. following address: Health Care Hospitals You can also view and photocopy the Financing Administration, Department A. Current System for Payment of Swing- Federal Register document at most of Health and Human Services, Bed Facility Services Under Part A of the libraries designated as Federal Attention: HCFA–1163–P, P.O. Box Medicare Program Depository Libraries and at many other B. Requirement of the Balanced Budget Act 8013, Baltimore, MD 21244–8013. public and academic libraries of 1997 for Swing-Bed Facility Services If you prefer, you may deliver your throughout the country that receive the to be Paid under the Prospective written comments (one original and Federal Register. Payment System for Skilled Nursing three copies) to one of the following To assist readers in referencing Facilities addresses: Hubert H. Humphrey C. Requirements of BBRA 1999 Affecting sections contained in this document, we Building, Room 443–G, 200 Swing-Bed Payment and Eligibility are providing the following table of Independence Avenue, SW., D. Implications of Swing-Bed Facility contents. Washington, DC 20201, or Health Care Conversion to the SNF PPS Table of Contents E. SNF PPS Rate Components Financing Administration, Room C5– F. Implementation of the SNF PPS for 15–03, 7500 Security Boulevard, I. Background Swing-Bed Facilities Baltimore, MD 21244–8150. A. Current System for Payment of Skilled G. Use of the Resident Assessment Comments mailed to those addresses Nursing Facility Services Under Part A Instrument—Minimum Data Set (MDS designated for courier delivery may be of the Medicare Program 2.0)
VerDate 11
H. Required Schedule for Completing the MSA Metropolitan Statistical Area hospital wage index to account for MDS NECMA New England County Metropolitan geographic variation in wages. (In I. RUG–III ‘‘Grouper’’ Methodology and Area section II.C of this preamble, we discuss Software OIG Office of the Inspector General the wage index adjustment in detail, J. Applicability of Consolidated Billing to OMRA Other Medicare Required SNF Services Furnished in Swing-Bed Assessment including an examination of the Facilities PCE Personal Care Expenditures feasibility of developing a wage index K. Costs Associated with Automating the PPI Producer Price Index based on SNF-specific wage data.) At MDS: Preliminary Estimates PPS Prospective Payment System this time, data for the FY 2002 hospital L. Provider Training PRM Provider Reimbursement Manual wage index are not yet available; VII. Provisions of the Proposed Rule RAI Resident Assessment Instrument therefore, the index applied in this VIII. Collection of Information Requirements RAP Resident Assessment Protocol proposed rule is the same index used in IX. Regulatory Impact Analysis RAVEN Resident Assessment Validation the July 31, 2000 final rule. A correction Entry A. Background notice was published on January 16, B. Impact of the Proposed Rule RUG Resource Utilization Groups X. Federalism SCHIP State Children’s Health Insurance 2001 (66 FR 3497) that announced Regulation Text Program corrections to several of the wage Appendix—Technical Features of the SNF Skilled Nursing Facility factors. Additionally, as noted in the Proposed 1997-based Skilled Nursing STM Staff Time Measure July 31, 2000 final rule (65 FR 46770), Facility Market Basket Index I. Background section 101 of BBRA 1999 also affects I. Synopsis of Structural Changes Adopted in the payment rate. Finally, sections 311, the Proposed Revised and Rebased 1997 On July 31, 2000, we published in the 312, and 314 of BIPA 2000 affect the Skilled Nursing Facility Market Basket Federal Register (65 FR 46770), a final Part A PPS payment rates for SNFs. II. Methodology for Developing the Cost rule that set forth updates to the These new provisions are discussed in Category Weights payment rates used under the III. Price Proxies Used to Measure Cost detail in section I.D. of this proposed prospective payment system (PPS) for rule. Category Growth skilled nursing facilities (SNFs), for • A. Wages and Salaries Transition. The SNF PPS includes B. Employee Benefits fiscal year (FY) 2001. Annual updates to an initial 3-year, phased transition that C. All Other Expenses the PPS rates are required by section blended a facility-specific payment rate D. Capital-Related Expenses 1888(e) of the Social Security Act (the with the Federal case-mix adjusted rate. In addition, because of the many terms to Act), as amended by the Medicare, For each cost reporting period after a which we refer by abbreviation in this Medicaid, and SCHIP Balanced Budget facility migrated to the new system, the proposed rule, we are listing these Refinement Act of 1999 (BBRA 1999) facility-specific portion of the blend abbreviations and their corresponding terms and the Medicare, Medicaid, and SCHIP decreased and the Federal portion in alphabetical order below: Benefits Improvement and Protection increased in 25 percentage point ADL Activity of Daily Living Act of 2000 (BIPA 2000), relating to increments. For most facilities, the AHE Average Hourly Earnings Medicare payments and consolidated facility-specific rate was based on ARD Assessment Reference Date billing for SNFs. allowable costs from FY 1995; however, BBA 1997 Balanced Budget Act of 1997, Pub. L. 105–33 A. Current System for Payment of since the last year of the transition is FY BBRA 1999 Medicare, Medicaid and SCHIP Skilled Nursing Facility Services Under 2001, all facilities will be paid at the full Balanced Budget Refinement Act of 1999, Part A of the Medicare Program Federal rate by the coming fiscal year Pub. L. 106–113 (FY 2002), for which we are now BEA (U.S.) Bureau of Economic Analysis Section 4432 of the Balanced Budget proposing updated rates. Therefore, BIPA 2000 The Medicare, Medicaid, and Act of 1997 (BBA 1997) amended unlike previous years, this proposed SCHIP Benefits Improvement and section 1888 of the Act to provide for rule does not include adjustment factors Protection Act of 2000, Pub. L. 106–554 the implementation of a per diem PPS related to facility-specific rates for the BES (U.S.) Business Expenditures Survey for SNFs, covering all costs (routine, coming fiscal year. BLS (U.S.) Bureau of Labor Statistics ancillary, and capital) of covered SNF • CAH Critical Access Hospital Coverage. Medicare’s fundamental CFR Code of Federal Regulations services furnished to beneficiaries under requirements for SNF coverage were not CPI Consumer Price Index Part A of the Medicare program, changed by BBA 1997; however, CPI–U Consumer Price Index-All Urban effective for cost reporting periods because RUG–III classification is based, Consumers beginning on or after July 1, 1998. We in part, on the beneficiary’s need for CPT (Physicians’) Current Procedural propose to update the per diem payment skilled nursing care and therapy, we Terminology rates for SNFs, for FY 2002. Major have attempted, where possible, to DRG Diagnosis Related Group elements of the SNF PPS include: coordinate claims review procedures ECI Employment Cost Index • Rates. Per diem Federal rates were with the outputs of beneficiary FI Fiscal Intermediary established for urban and rural areas FR Federal Register assessment and RUG–III classifying using allowable costs from FY 1995 cost activities. FY Fiscal Year • GAO General Accounting Office reports. These rates also included an Consolidated Billing. BBA 1997 HCFA Health Care Financing estimate of the cost of services that, included a billing provision that Administration before July 1, 1998, had been paid under required a SNF to submit consolidated HCPCS HCFA Common Procedure Coding Part B but furnished to Medicare Medicare bills for its residents for System beneficiaries in a SNF during a Part A almost all services that are covered ICD–9–CM International Classification of covered stay. The rates were adjusted under either Part A or Part B (the statute Diseases, Ninth Edition, Clinical annually using a SNF market basket excluded a small list of services, Modification index. Rates were case-mix adjusted primarily those of physicians and IFC Interim Final Rule with Comment Period using a classification system (Resource certain other types of practitioners). MDS Minimum Data Set Utilization Groups, version III (RUG– With the exception of physical therapy, MEDPAR Medicare Provider Analysis and III)) based on beneficiary assessments occupational therapy, and speech- Review File (using the Minimum Data Set (MDS) language therapy, section 313 of BIPA MIP Medicare Integrity Program 2.0). The rates were also adjusted by the 2000 has now limited the scope of this
VerDate 11
provision to apply only to those services 2001 and 2002, exclusive of the 20 • Section 312—Increase in Nursing that are furnished during the course of percent increase. Component of PPS Federal Rate. This a resident’s covered Part A stay in the We included further information on provision requires the Secretary to SNF, as discussed later in this proposed all of the provisions of BBRA 1999 in increase by 16.66 percent the nursing rule. Program Memorandums A–99–53 and component of the case-mix adjusted • Application of the SNF PPS to SNF A–99–61 (December 1999), and Program Federal rate specified in the July 31, services furnished by swing-bed Memorandum AB–00–18 (March 2000). 2000 final rule (65 FR 46770) for hospitals. Section 1883 of the Act D. The Medicare, Medicaid, and SCHIP services furnished on or after April 1, permits certain small, rural hospitals to Benefits Improvement and Protection 2001, and before October 1, 2002. This enter into a Medicare swing-bed Act of 2000 (BIPA 2000) provision also requires the GAO to agreement, under which the hospital conduct an audit of SNF nursing staff can use its beds to provide either acute The following highlights the major ratios, and to submit a report to or SNF care, as needed. Part A currently provisions in BIPA 2000 that result in Congress by August 1, 2002, including adjustments to the PPS for SNFs: a recommendation on whether the pays for SNF services furnished by • swing-bed hospitals on a cost-related Section 203—Exemption of Critical temporary 16.66 percent increase in the basis. Section 1888(e)(7) of the Act Access Hospital (CAH) Swing-beds from nursing component should be requires the SNF PPS to encompass SNF PPS. This provision exempts continued. these services no earlier than cost swing-beds in CAHs from section • Section 313—Application of SNF reporting periods beginning on July 1, 1888(e)(7) of the Act (as enacted by Consolidated Billing Requirement 1999, and no later than the end of the section 4432(a) of BBA 1997) which Limited to Part A Covered Stays. This SNF PPS transition period described in applies the SNF PPS to SNF services provision repeals the consolidated section 1888(e)(2)(E) of the Act. furnished by swing-bed hospitals. billing requirement for services (other Accordingly, this provision enables than physical therapy, occupational B. Requirements of the Balanced Budget CAHs to be paid for their swing-bed therapy, and speech-language therapy) Act of 1997 for Updating the Prospective SNF services on a reasonable cost basis. furnished to those SNF residents who Payment System for Skilled Nursing This provision is effective with cost are in non-covered stays, effective Facilities reporting periods beginning on or after January 1, 2001. It also directs the Section 1888(e)(4)(H) of the Act December 21, 2000, the date of the Secretary to monitor Part B payments requires that we publish in the Federal enactment of this Act. We include for such services, in order to guard Register: further information on this provision in against duplicate billing and the 1. The unadjusted Federal per diem Program Memorandum A–01–09 excessive provision of services. (January 16, 2001). • Section 314—Adjustment of rates to be applied to days of covered • SNF services furnished during the FY. Section 311—Elimination of Rehabilitation RUGs to Correct Anomaly 2. The case-mix classification system Reduction in SNF Market Basket Update in Payment Rates. For services to be applied with respect to these in 2001. This provision eliminates the furnished from April 1, 2001, until the services during the FY. one percent reduction reflected in the date that RUG refinements are 3. The factors to be applied in making update formula for the Federal rates for implemented, this provision requires the area wage adjustment with respect FY 2001 that was required by BBA 1997. the Secretary to increase by 6.7 percent to these services. In implementing this change, this the adjusted Federal per diem rate for In the July 30, 1999 final rule (64 FR provision modifies the schedule and all of the following RUG–III 41670), we indicated that we would rates according to which Federal per rehabilitation groups: RUC, RUB, RUA, announce any changes to the guidelines diem payments are updated. For FY RVC, RVB, RVA, RHC, RHB, RHA, RMC, for Medicare level of care 2002 and FY 2003, the updates would RMB, RMA, RLB, and RLA. This determinations related to modifications be the market basket index increase provision amends section 101(b) of in the RUG–III classification structure. minus 0.5 percentage points. This BBRA 1999 and supersedes the 20 Along with a number of other provision also provides a special rule percent increase that BBRA 1999 had revisions discussed later in this that, for purposes of making payments previously established for the RHC, preamble, this proposed rule provides under the SNF PPS for FY 2001, for the RMC, and RMB rehabilitation groups, the annual updates to the Federal rates first half of FY 2001 (the period and corrects the resulting anomaly as mandated by the Act. beginning October 1, 2000, and ending under which the payment rates for these March 31, 2001), the market basket particular groups were actually higher C. The Medicare, Medicaid, and SCHIP update remains at market basket minus than the rates for some other, more Balanced Budget Refinement Act of 1, and for the second half of the fiscal intensive rehabilitation RUGs. This 1999 (BBRA 1999) year (the period beginning on April 1, provision also requires the Office of There were several provisions in 2001, and ending on September 30, Inspector General (OIG) to review BBRA 1999 that resulted in adjustments 2001), the market basket update changes whether the RUG payment structure in to the PPS for SNFs. The provisions from market basket minus 1 to market effect under BBRA 1999 included were described in the final rule that we basket plus 1. incentives for the delivery of inadequate published on July 31, 2000 (65 FR In addition, this provision requires care and report to the Congress by 46770). In particular, section 101 the General Accounting Office (GAO) to October 1, 2001. provided for a temporary, 20 percent submit a report to Congress by July 1, • Section 315—Establishment of increase in the per diem adjusted 2002, on the adequacy of SNF payment Process for Geographic Reclassification. payment rates for 15 specified RUG–III rates. It also requires the Secretary to This provision explicitly permits the groups (SE3, SE2, SE1, SSC, SSB, SSA, conduct a study of the different systems Secretary to establish a geographic CC2, CC1, CB2, CB1, CA2, CA1, RHC, for categorizing patients in SNFs in a reclassification procedure that is RMC, and RMB). Section 101 also manner that accounts for the relative specific to SNFs, for purposes of included a 4 percent across-the-board resource utilization of different patient payment for covered SNF services under increase in the adjusted Federal per types, and to submit a report to the PPS. The Secretary may not diem payment rates each year for FYs Congress not later than January 1, 2005. implement this procedure until the
VerDate 11
Secretary has collected data necessary to difference between the freestanding SNF market basket index is presented in establish a SNF wage index that is based mean and weighted mean of all SNF Section III. on wage data from nursing homes. costs (hospital-based and freestanding) II. Update of Payment Rates Under the We include further information on combined. We computed and applied Prospective Payment System for Skilled several of these provisions in Program separately the payment rates for Nursing Facilities Memorandum A–01–08 (January 16, facilities located in urban and rural 2001). areas. In addition, we adjusted the A. Federal Prospective Payment System portion of the Federal rate attributable E. Skilled Nursing Facility Prospective This proposed rule sets forth a Payment—General Overview to wage-related costs by a wage index. The Federal rate also incorporates schedule of Federal prospective The Medicare SNF PPS was adjustments to account for facility case- payment rates applicable to Medicare implemented for cost reporting periods mix, using a classification system that Part A SNF services beginning October beginning on or after July 1, 1998. accounts for the relative resource 1, 2001. The schedule incorporates per Under the PPS, SNFs are paid through utilization of different patient types. diem Federal rates that provide Part A prospective, case-mix adjusted per diem This classification system, RUG–III, payment for all costs of services payment rates applicable to all covered utilizes beneficiary assessment data furnished to a beneficiary in a SNF SNF services. These payment rates from the Minimum Data Set (MDS) during a Medicare-covered stay. cover all the costs of furnishing covered completed by SNFs to assign 1. Costs and Services Covered by the skilled nursing services (routine, beneficiaries to one of 44 groups. The Federal Rates ancillary, and capital-related costs) May 12, 1998 interim final rule (63 FR other than costs associated with 26252) included a complete and The Federal rates apply to all costs approved educational activities. detailed description of the RUG–III (routine, ancillary, and capital-related Covered SNF services include post- classification system. costs) of covered SNF services other hospital services for which benefits are The Federal rates in this proposed than costs associated with approved provided under Part A and all items and rule reflect an update to the rates in the educational activities as defined in services that, before July 1, 1998, had July 31, 2000 update notice (65 FR § 413.85. Under section 1888(e)(2) of the been paid under Part B (other than 46770) equal to the SNF market basket Act, covered SNF services include post- physician and certain other services index minus 0.5 percent, as well as the hospital SNF services for which benefits specifically excluded under BBA 1997) elimination of the 1 percent reduction are provided under Part A (the hospital but furnished to Medicare beneficiaries reflected in the update formula for the insurance program), as well as all items in a SNF during a Part A covered stay. FY 2001 payment rates under section and services (other than those services A complete discussion of these 311 of BIPA 2000. According to section excluded by statute) that, before July 1, provisions appears in the May 12, 1998 311 of BIPA 2000, for FY 2002, we will 1998, were paid under Part B (the interim final rule (63 FR 26252). update the rate by adjusting the current supplementary medical insurance program) but furnished to Medicare 1. Payment Provisions—Federal Rate rates by the SNF market basket change minus 0.5 percent. beneficiaries in a SNF during a Part A The PPS uses per diem Federal covered stay. (These excluded service payment rates based on mean SNF costs 2. Payment Provisions—Transition categories are discussed in greater detail in a base year updated for inflation to Period in section V.B.2. of the May 12, 1998 the first effective period of the PPS. We The SNF PPS includes an initial, interim final rule (63 FR 26295–97)). developed the Federal payment rates phased transition from a facility-specific 2. Methodology Used for the Calculation using allowable costs from hospital- rate (which reflects the individual of the Federal Rates based and freestanding SNF cost reports facility’s historical cost experience) to for reporting periods beginning in FY the Federal case-mix adjusted rate. The The proposed FY 2002 rates would 1995. The data used in developing the transition extends through the facility’s reflect an update using the latest market Federal rates also incorporated an first three cost reporting periods under basket index minus 0.5 percentage estimate of the amounts that would be the PPS, up to and including the one point. The FY 2002 market basket payable under Part B for covered SNF that begins in FY 2001. Accordingly, update factor is 2.9 percent, and services furnished to individuals who starting with cost reporting periods that subtracting 0.5 percentage points yields were receiving Part A covered services begin in FY 2002, we will base an update of 2.4 percent. For a complete in a SNF. payments entirely on the Federal rates. description of the multi-step process, In developing the rates for the initial see the May 12, 1998 interim final rule period, we updated costs to the first F. Skilled Nursing Facility Market (63 FR 26252). In accordance with effective year of PPS (15-month period Basket Index section 101 of BBRA 1999 and section beginning July 1, 1998) using a SNF Section 1888(e)(5) of the Act requires 314 of BIPA 2000, we have provided for market basket index, and then the Secretary to establish a SNF market a temporary increase in the per diem standardized for the costs of facility basket index that reflects changes over adjusted payment rates of 20 percent for differences in case-mix and for time in the prices of an appropriate mix certain specified RUGs, and 6.7 percent geographic variations in wages. of goods and services included in the for certain others. These temporary Providers that received new provider covered SNF services. The SNF market increases of 20 percent and 6.7 percent exemptions from the routine cost limits basket index is used to update the for certain specified RUGs will continue were excluded from the database used Federal rates on an annual basis. We are until implementation of case-mix to compute the Federal payment rates, proposing a revised and rebased SNF refinements, as described in section 101 as well as costs related to payments for market basket index that consists of the of BBRA 1999 and section 314 of BIPA exceptions to the routine cost limits. In most commonly used cost categories for 2000. Also, in accordance with section accordance with the formula prescribed SNF routine services, ancillary services, 101 of BBRA 1999, we are providing a in BBA 1997, we set the Federal rates at and capital-related expenses. A 4 percent increase in the adjusted a level equal to the weighted mean of complete discussion concerning the Federal rate for FY 2002. These freestanding costs plus 50 percent of the design and application of the proposed temporary adjustments (that is, 20
VerDate 11
percent, 6.7 percent, or 4 percent) are accordance with section 311 of BIPA modified in this manner to reflect not reflected in the rate tables (Tables 1, 2000, the payment rates are updated for section 311 of BIPA 2000, the FY 2001 2, 3, 4, 5, and 6 of this proposed rule). FY 2002 by a factor equal to the annual rates would be updated using the latest Rather, in accordance with the statute, market basket index percentage increase market basket minus 0.5 percentage they are applied only after all other minus 0.5 percentage point. However, point to determine the payment rates for adjustments (wage and case-mix) have we note that section 311 of BIPA 2000 FY 2002. The nursing case-mix been made. Further, several provisions has also eliminated the one percent component of the proposed rates, both of BIPA 2000 affect the payment rates reduction in the market basket urban and rural, includes the 16.66 for SNFs, as described in the previous associated with the establishment of the percent increase provided by section section. FY 2001 payment rates. Therefore, in 312 of BIPA 2000. The rates are further We used the SNF market basket to adjust each per diem component of the establishing the payment rates for FY adjusted by a wage index budget Federal rates forward to reflect cost 2002, we would update from the FY neutrality factor, described later in this increases occurring between the 2001 payment rates determined using section. Tables 1 and 2 reflect the midpoint of the Federal FY beginning the full market basket amount for that updated components of the unadjusted October 1, 2000, and the midpoint of the year rather than the rates as they Federal rates (including both the market Federal FY beginning October 1, 2001 appeared in the July 31, 2000 final rule basket adjustment and the 16.66 percent and ending September 30, 2002, to (65 FR 46770), that were determined increase in the nursing case-mix which the payment rates apply. In using the one percent reduction. As component).
TABLE 1.—UNADJUSTED FEDERAL RATE PER DIEM, URBAN
Nursing— Therapy— Therapy— Rate component case-mix case-mix non-case-mix Non-case-mix
Per Diem Amount ...... $137.89 $89.03 $11.73 $60.33
TABLE 2.—UNADJUSTED FEDERAL RATE PER DIEM, RURAL
Nursing— Therapy— Therapy— Rate component case-mix case-mix non-case-mix Non-case-mix
Per Diem Amount ...... $131.76 $102.67 $12.53 $61.44
B. Case-Mix Adjustment 26252). Consequently, we will also Tables 3 and 4, with the corresponding For FY 2002, we are not proposing to maintain the add-ons to the Federal case-mix index values. These tables do modify the case-mix classification rates for specified RUG–III groups, as not reflect the add-ons (that is, 20 system. The payment rates set forth in required by section 101 of BBRA 1999 percent, 6.7 percent, or 4 percent) this proposed rule reflect the continued and subsequently modified by section provided for in BBRA 1999 and BIPA use of the existing 44-group RUG–III 314 of BIPA 2000. The case-mix 2000, which are applied only after all classification system discussed in the adjusted payment rates are listed other adjustments (wage and case-mix) May 12, 1998 interim final rule (63 FR separately for urban and rural SNFs in have been made.
TABLE 3.—CASE-MIX ADJUSTED FEDERAL RATES AND ASSOCIATED INDEXES URBAN
Non-case Nursing Therapy Nursing Therapy mix Non-case RUG III category index index component component therapy mix Total rate comp. component
RUC ...... 1.30 2.25 179.26 200.32 ...... 60.33 439.91 RUB ...... 0.95 2.25 131.00 200.32 ...... 60.33 391.65 RUA ...... 0.78 2.25 107.55 200.32 ...... 60.33 368.20 RVC ...... 1.13 1.41 155.82 125.53 ...... 60.33 341.68 RVB ...... 1.04 1.41 143.41 125.53 ...... 60.33 329.27 RVA ...... 0.81 1.41 111.69 125.53 ...... 60.33 297.55 RHC ...... 1.26 0.94 173.74 83.69 ...... 60.33 317.76 RHB ...... 1.06 0.94 146.16 83.69 ...... 60.33 290.18 RHA ...... 0.87 0.94 119.96 83.69 ...... 60.33 263.98 RMC ...... 1.35 0.77 186.15 68.55 ...... 60.33 315.03 RMB ...... 1.09 0.77 150.30 68.55 ...... 60.33 279.18 RMA ...... 0.96 0.77 132.37 68.55 ...... 60.33 261.25 RLB ...... 1.11 0.43 153.06 38.28 ...... 60.33 251.67 RLA ...... 0.80 0.43 110.31 38.28 ...... 60.33 208.92 SE3 ...... 1.70 ...... 234.41 ...... 11.73 60.33 306.47 SE2 ...... 1.39 ...... 191.67 ...... 11.73 60.33 263.73 SE1 ...... 1.17 ...... 161.33 ...... 11.73 60.33 233.39 SSC ...... 1.13 ...... 155.82 ...... 11.73 60.33 227.88 SSB ...... 1.05 ...... 144.78 ...... 11.73 60.33 216.84 SSA ...... 1.01 ...... 139.27 ...... 11.73 60.33 211.33 CC2 ...... 1.12 ...... 154.44 ...... 11.73 60.33 226.50
VerDate 11
TABLE 3.—CASE-MIX ADJUSTED FEDERAL RATES AND ASSOCIATED INDEXES URBAN—Continued
Non-case Nursing Therapy Nursing Therapy mix Non-case RUG III category index index component component therapy mix Total rate comp. component
CC1 ...... 0.99 ...... 136.51 ...... 11.73 60.33 208.57 CB2 ...... 0.91 ...... 125.48 ...... 11.73 60.33 197.54 CB1 ...... 0.84 ...... 115.83 ...... 11.73 60.33 187.89 CA2 ...... 0.83 ...... 114.45 ...... 11.73 60.33 186.51 CA1 ...... 0.75 ...... 103.42 ...... 11.73 60.33 175.48 IB2 ...... 0.69 ...... 95.14 ...... 11.73 60.33 167.20 IB1 ...... 0.67 ...... 92.39 ...... 11.73 60.33 164.45 IA2 ...... 0.57 ...... 78.60 ...... 11.73 60.33 150.66 IA1 ...... 0.53 ...... 73.08 ...... 11.73 60.33 145.14 BB2 ...... 0.68 ...... 93.77 ...... 11.73 60.33 165.83 BB1 ...... 0.65 ...... 89.63 ...... 11.73 60.33 161.69 BA2 ...... 0.56 ...... 77.22 ...... 11.73 60.33 149.28 BA1 ...... 0.48 ...... 66.19 ...... 11.73 60.33 138.25 PE2 ...... 0.79 ...... 108.93 ...... 11.73 60.33 180.99 PE1 ...... 0.77 ...... 106.18 ...... 11.73 60.33 178.24 PD2 ...... 0.72 ...... 99.28 ...... 11.73 60.33 171.34 PD1 ...... 0.70 ...... 96.52 ...... 11.73 60.33 168.58 PC2 ...... 0.65 ...... 89.63 ...... 11.73 60.33 161.69 PC1 ...... 0.64 ...... 88.25 ...... 11.73 60.33 160.31 PB2 ...... 0.51 ...... 70.32 ...... 11.73 60.33 142.38 PB1 ...... 0.50 ...... 68.95 ...... 11.73 60.33 141.01 PA2 ...... 0.49 ...... 67.57 ...... 11.73 60.33 139.63 PA1 ...... 0.46 ...... 63.43 ...... 11.73 60.33 135.49
TABLE 4.—CASE-MIX ADJUSTED FEDERAL RATES AND ASSOCIATED INDEXES, RURAL
Non-case Nursing Therapy Nursing Therapy mix Non-case RUG III category index index component component therapy mix Total rate comp component
RUC ...... 1.30 2.25 171.29 231.01 ...... 61.44 463.74 RUB ...... 0.95 2.25 125.17 231.01 ...... 61.44 417.62 RUA ...... 0.78 2.25 102.77 231.01 ...... 61.44 395.22 RVC ...... 1.13 1.41 148.89 144.76 ...... 61.44 355.09 RVB ...... 1.04 1.41 137.03 144.76 ...... 61.44 343.23 RVA ...... 0.81 1.41 106.73 144.76 ...... 61.44 312.93 RHC ...... 1.26 0.94 166.02 96.51 ...... 61.44 323.97 RHB ...... 1.06 0.94 139.67 96.51 ...... 61.44 297.62 RHA ...... 0.87 0.94 114.63 96.51 ...... 61.44 272.58 RMC ...... 1.35 0.77 177.88 79.06 ...... 61.44 318.38 RMB ...... 1.09 0.77 143.62 79.06 ...... 61.44 284.12 RMA ...... 0.96 0.77 126.49 79.06 ...... 61.44 266.99 RLB ...... 1.11 0.43 146.25 44.15 ...... 61.44 251.84 RLA ...... 0.80 0.43 105.41 44.15 ...... 61.44 211.00 SE3 ...... 1.70 ...... 223.99 ...... 12.53 61.44 297.96 SE2 ...... 1.39 ...... 183.15 ...... 12.53 61.44 257.12 SE1 ...... 1.17 ...... 154.16 ...... 12.53 61.44 228.13 SSC ...... 1.13 ...... 148.89 ...... 12.53 61.44 222.86 SSB ...... 1.05 ...... 138.35 ...... 12.53 61.44 212.32 SSA ...... 1.01 ...... 133.08 ...... 12.53 61.44 207.05 CC2 ...... 1.12 ...... 147.57 ...... 12.53 61.44 221.54 CC1 ...... 0.99 ...... 130.44 ...... 12.53 61.44 204.41 CB2 ...... 0.91 ...... 119.90 ...... 12.53 61.44 193.87 CB1 ...... 0.84 ...... 110.68 ...... 12.53 61.44 184.65 CA2 ...... 0.83 ...... 109.36 ...... 12.53 61.44 183.33 CA1 ...... 0.75 ...... 98.82 ...... 12.53 61.44 172.79 IB2 ...... 0.69 ...... 90.91 ...... 12.53 61.44 164.88 IB1 ...... 0.67 ...... 88.28 ...... 12.53 61.44 162.25 IA2 ...... 0.57 ...... 75.10 ...... 12.53 61.44 149.07 IA1 ...... 0.53 ...... 69.83 ...... 12.53 61.44 143.80 BB2 ...... 0.68 ...... 89.60 ...... 12.53 61.44 163.57 BB1 ...... 0.65 ...... 85.64 ...... 12.53 61.44 159.61 BA2 ...... 0.56 ...... 73.79 ...... 12.53 61.44 147.76 BA1 ...... 0.48 ...... 63.24 ...... 12.53 61.44 137.21 PE2 ...... 0.79 ...... 104.09 ...... 12.53 61.44 178.06 PE1 ...... 0.77 ...... 101.46 ...... 12.53 61.44 175.43 PD2 ...... 0.72 ...... 94.87 ...... 12.53 61.44 168.84 PD1 ...... 0.70 ...... 92.23 ...... 12.53 61.44 166.20
VerDate 11
TABLE 4.—CASE-MIX ADJUSTED FEDERAL RATES AND ASSOCIATED INDEXES, RURAL—Continued
Non-case Nursing Therapy Nursing Therapy mix Non-case RUG III category index index component component therapy mix Total rate comp component
PC2 ...... 0.65 ...... 85.64 ...... 12.53 61.44 159.61 PC1 ...... 0.64 ...... 84.33 ...... 12.53 61.44 158.30 PB2 ...... 0.51 ...... 67.20 ...... 12.53 61.44 141.17 PB1 ...... 0.50 ...... 65.88 ...... 12.53 61.44 139.85 PA2 ...... 0.49 ...... 64.56 ...... 12.53 61.44 138.53 PA1 ...... 0.46 ...... 60.61 ...... 12.53 61.44 134.58
We remain committed to efforts to covered Part A SNF stays may have report no later than January 1, 2005. monitor the RUG–III classification caused changes in facility practice This work may also support a longer system and to pursue refinements in patterns and billing. These changes, as term goal, supported by HCFA and SNF payment. In the proposed rule well as the use of the broader national MedPAC, of developing more integrated associated with the FY 2001 SNF PPS data sample, likely diminished the approaches for the payment and update published April 10, 2000 (65 FR effectiveness of the models. delivery system for Medicare post acute 19188), we had discussed options for Accordingly, in the final rule, we services generally. refinements to the RUG–III classification indicated our decision not to proceed Therefore, we are currently system to account more accurately for with the implementation of case-mix proceeding with efforts to develop the services provided to medically refinements for FY 2001. refinements to the RUG–III system, and complex patients. The refinement However, this decision did not in any are in the process of initiating a research approaches discussed had a particular way reflect a lack of commitment to contract in this area. We plan to look focus on ancillary services other than pursuing appropriate case-mix broadly for alternative refinement rehabilitation (physical, occupational, refinements, and we remain dedicated approaches that will improve the and speech-language therapy), such as to achieving this objective as quickly as payment system’s ability to account for prescription drugs and respiratory possible. While the language in section the variation in resources associated therapy. We described our ongoing 101 of BBRA 1999 does not directly with SNF patients generally, as well as research and analyses in this area and mandate that we make case-mix medically complex patients and non- shared the initial results that we refinements, we believe it nonetheless therapy ancillary services more proposed be incorporated into the reflects a clear expectation that specifically. This may include further Medicare SNF PPS system effective refinements will occur, by establishing analysis to develop a non-therapy October 1, 2000. In that proposed rule, payment adjustments that will expire ancillary index, similar to that proposed we cautioned that the proposed RUG–III upon the implementation of case-mix in the FY 2001 proposed rule, as well refinements were based on limited data refinements, and by characterizing those as exploration of other potential from seven states from periods prior to adjustments as temporary. Accordingly, refinement approaches that could utilize the implementation of the SNF PPS we are continuing our active efforts in information related to service use, (1996 and 1997). Consequently, we this area, with the expectation that we function, diagnosis, and co-morbidities. indicated our plan to validate the will, over the next 12 months, develop In exploring possible refinement findings using more current data from a case-mix refinements. approaches, it is necessary to consider broad national sample before issuing a The inability of the specific case-mix the potential effect of the refinements on final rule. refinement models based on a pre-PPS aggregate SNF payments, as well as on As discussed in the final rule study sample (as described in the FY access to and quality of care. In published on July 31, 2000 (65 FR 2001 proposed rule) to explain behavior addition, we recognize the utility of 46770), we conducted the validation adequately in the post-PPS data does using administrative data (such as analyses to determine the predictive not warrant the conclusion that further claims) in the construction of the case- power of the proposed case-mix models efforts to improve the payment system’s mix indexes and may, as MedPAC has in identifying variations in non-therapy ability to allocate payments based on recommended in the past, examine the ancillary costs, using national data from expected ancillary use would be potential for using this data to a current period (that is, after the unproductive. In fact, we believe there accomplish the tasks we are implementation of the SNF PPS). Based may well be the potential to establish undertaking. Such an approach would on these analyses, we determined that meaningful refinements in the short facilitate annual updates to the case-mix the refinement models developed using term based on the results of a deliberate, indexes similar to the inpatient hospital the pre-PPS sample were not effective in comprehensive analysis using the PPS. In continuing this research, we predicting resource use in the post-PPS extensive MDS 2.0, claims, and other will carefully consider the comments environment. We identified several administrative data now available. we received pursuant to the FY 2001 important variations in the post-PPS Moreover, this research will also proposed rule. In addition, we volume and distribution of beneficiaries provide an important foundation for a specifically solicit comments in this and ancillary services costs using the longer term analysis which seeks to proposed rule regarding possible 1999 national data, which appear to identify alternative classification approaches to refining the case-mix have affected the performance of the approaches in the SNF setting. The system. case-mix refinement models described analysis we propose to conduct will be While we recognize the need to seek in the proposed rule. We noted our included in the report to Congress improvements in the payment system, belief that the introduction of the PPS mandated by section 311 of BIPA 2000. we are not aware of any substantive and consolidated billing provisions for This section requires us to submit the findings that demonstrate, as has been
VerDate 11
suggested at recent MedPAC meetings, payments for providers and best support inappropriate services were provided or that the RUG–III system has proven to access and quality of care for Medicare where the beneficiary did not meet the be unworkable. In fact, several recent beneficiaries. Similarly, we look requirements for Medicare Part A reports indicate that quality and access forward to the study required under coverage in a SNF. As part of this do not appear to be impaired. This may section 545 of BIPA 2000 (required to be review, the medical record (which be more a function of overall revenues completed by January 1, 2005), which includes the MDS) is assessed to verify available to SNFs under the PPS, requires us to submit a report on the that the reported information supports especially considering recent increases development of standard instruments the RUG category billed. in funding under BBRA 1999 and BIPA for the assessment of the health and To lend further support to program 2000. Even though they do not affect the functional status of patients. We also safeguard efforts, we are in the process current case-mix classification structure, invite comments on possible approaches of awarding a contract to a Medicare a number of these recent payment to refining the current case-mix Integrity Program (MIP) contractor to increases are nonetheless intended to classification system, as well as on provide an ongoing centralized data ensure that facilities continue to be paid identifying and studying alternatives to surveillance process to assess the appropriately until RUG refinements the current system. With regard to the accuracy and reliability of MDS data can be made. We also note that it may MDS 2.0, we continue to believe that the particular to the health care furnished be premature to make assumptions MDS is an accurate and effective by SNFs, and payment for these regarding the effect of case-mix on assessment tool, which meets program services. This includes ensuring provider behavior based on currently objectives related to its major purposes appropriate payment and payment available data (which, at this point, still of supporting quality of care and denial decisions. The findings will reflect only payments made during the providing patient status and treatment produce evidence for further actions at transition period when SNFs received a information needed to support payment. national, regional, and State levels in blend of the Federal rate and facility- We are currently engaged in a number addressing concerns in the areas of specific rate), since provider behavior of activities that support accurate program integrity, beneficiary health may change significantly once payment completion of the MDS. These include and safety, and quality improvement. is made under the fully case-mix expanded provider training, clearer The contractor is also expected to adjusted Federal rates. definitions of certain MDS elements and perform monitoring and data analyses to Further, it is worth noting that in coding instructions, and funding of determine if there are variations over research conducted to support the program safeguard contractor activities time in the case-mix intensity, and implementation of the SNF PPS, the to undertake auditing and verification of whether those differences represent RUG–III case-mix system was shown to the MDS. We also note our concern that changes in actual or real case status of predict approximately 55 percent of the the OIG’s recent reports related to the beneficiaries rather than changes that overall variation in nursing and therapy accuracy of the MDS contained a reflect improper provider behavior. staff time costs across total facility number of methodological limitations Through the MIP contractor and the FIs, population (that includes both Medicare (as acknowledged in the reports) that we will address instances of improper and Medicaid, as well as other patients). limit their utility for drawing billing through recoupment of improper The level of variance explanation is conclusions about the MDS. payments, intensified reviews, and somewhat less across the Medicare However, we recognize the increased provider education. population due to its greater financial incentives that BIPA creates Further, in the context of our ongoing homogeneity. While we have not for the rehabilitation categories and the efforts to ensure accurate payment for measured this directly, an examination potential for upcoding under the SNF appropriate care, we note a situation of the 1997 staff time data focusing on PPS to gain higher payments. In fact, the regarding rehabilitation therapy that is patients in Medicare certified units that potential for inappropriate upcoding being provided in SNFs in a manner specialize in medically complex care or exists in any prospective payment that conflicts with Medicare coverage intensive rehabilitation found that system that uses coding of clinical guidelines. This issue involves RUG–III predicted 41 percent of nursing information as the basis for determining providers that refuse to employ and rehabilitation staff time costs across payment amounts due to providers, and therapists who are unwilling to perform, total facility population (which includes the SNF PPS (which bases payment on a routine basis, concurrent therapy. Medicare, Medicaid, and private pay amounts on the clinical information Concurrent therapy is the practice of patients). We believe that it continues to entered on the MDS) is no exception. In one professional therapist treating more be highly effective in this area. While this context, we note that fiscal than one Medicare beneficiary at a we have found that pharmacy costs are intermediaries (FIs) will continue time—in some cases, many more than correlated somewhat with the nursing reviewing SNF PPS bills. As with one individual at a time. case-mix indexes in RUG–III, it is current practice, the FIs will focus on Concurrent therapy is distinguished important to note that such costs are, by identifying instances in which from group therapy, because all and large, difficult to account for in inappropriate services were provided or participants in group therapy are case-mix systems because drug costs do where the beneficiary did not meet the working on some common skill not necessarily follow physical requirements for Medicare Part A development and the ratio of condition, resource use, or functional coverage in an SNF. As part of this participants to therapist may be no and clinical pathways. review, the MDS and the medical record higher than 4 to 1. In addition, in the We look forward to addressing this is assessed to verify that the reported July 30, 1999 SNF PPS final rule (64 FR important issue through the study of information supports the RUG category 41662), we specified that the minutes of alternative case-mix systems required billed. group therapy received by the under BIPA 2000, which provides an We believe that the practice of FIs beneficiary may account for no more opportunity for a deliberate analytical using a data driven approach to focus than 25 percent of the therapy (per approach to the question of how best to medical review efforts will help address discipline) received in a 7 day period. refine the current classification system the incentive for upcoding. Once bills By contrast, a beneficiary who is or to redirect Medicare’s payment have been targeted for review, the FIs receiving concurrent therapy with one system to produce more equitable will identify instances in which or more other beneficiaries likely is not
VerDate 11
receiving services that relate to those than one beneficiary. We now wish to First, we compute the FY 2002 price needed by any of the other participants. advise the providers of care of our index level for the total market basket Although each beneficiary may be concern about the potentially adverse and each cost category of the market receiving care that is prescribed in his effect of this practice on the quality of basket. Second, we calculate a ratio for individual plan of treatment, it is not the therapy provided to beneficiaries in each cost category by dividing the FY being delivered according to Medicare Part A SNF stays, as well as our concern 2002 price index level for that cost coverage guidelines; that is, the therapy about the implications of making category by the total market basket price is not being provided individually, and payments in such situations. We solicit index level. Third, we determine the FY it is unlikely that the services being public comments regarding the scope 2002 relative importance for each cost delivered are at the complex skill level and magnitude of this problem, and category by multiplying this ratio by the required for coverage by Medicare. possible approaches for addressing this base year (FY 1997) weight. Finally, we The Medicare SNF benefit provides issue. sum the FY 2002 relative importance for coverage of therapy services only when each of the labor-related cost categories the services are of such a level of C. Wage Index Adjustment to Federal Rates (that is, wages and salaries; employee complexity and sophistication (or the benefits; nonmedical professional fees; beneficiary’s condition is such) that the Section 1888(e)(4)(G)(ii) of the Act labor-intensive services; and, capital- services can be safely and effectively requires that we adjust the Federal rates related) to produce the FY 2002 labor- performed only by or under the to account for differences in area wage related relative importance. Tables 5 supervision of a qualified professional levels, using an appropriate wage index, and 6 show the Federal rates by labor- therapist. Therapy services that are as determined by the Secretary. Section related and non-labor-related concurrently being delivered by one 315 of BIPA 2000 authorizes the components. treating therapist to many beneficiaries Secretary to establish a reclassification would not appear to meet these criteria. system for SNFs, similar to the hospital TABLE 5.—CASE-MIX ADJUSTED FED- methodology. This reclassification If the therapist or therapy assistant can ERAL RATES FOR URBAN SNFSBY provide distinct services to several system cannot be implemented until the LABOR AND NON-LABOR COMPO- beneficiaries at once, then it is unlikely Secretary has collected data necessary to that the services are sufficiently establish an area wage index for SNFs NENT complex and sophisticated to qualify for based on wage data from such facilities. Non- coverage under the Medicare guidelines. Pursuant to section 106(a) of the Social RUG III Total Labor labor We note that there have always been Security Act Amendments of 1994 (P.L. category rate portion portion isolated instances in which a 103–432), the Secretary was directed to professional therapist has been allowed begin to collect data on employee RUC ...... 439.91 331.58 108.33 to have some overlap in the time of compensation and paid hours of RUB ...... 391.65 295.20 96.45 concluding treatment to one individual employment in SNFs for the purpose of RUA ...... 368.20 277.53 90.67 and the time of commencing the constructing a SNF wage index. Since RVC ...... 341.68 257.54 84.14 RVB ...... 329.27 248.18 81.09 treatment of another, even to the point the inception of a PPS for SNFs, we RVA ...... 297.55 224.28 73.27 of briefly providing therapy have utilized hospital wage data in RHC ...... 317.76 239.51 78.25 concurrently in certain cases. However, developing a wage index to be applied RHB ...... 290.18 218.72 71.46 the key principle here is that Medicare to SNFs. RHA ...... 263.98 198.97 65.01 relies on the professional judgment of The computation of the proposed RMC ...... 315.03 237.45 77.58 the therapist to determine when, based wage index is similar to past years RMB ...... 279.18 210.43 68.75 on the complexity of the services to be because we incorporate the latest data RMA ...... 261.25 196.91 64.34 delivered and the condition of the and methodology used to construct the RLB ...... 251.67 189.69 61.98 beneficiary, it is appropriate to deliver hospital wage index (see the discussion RLA ...... 208.92 157.47 51.45 in the May 12, 1998 interim final rule SE3 ...... 306.47 231.00 75.47 care to more than one beneficiary at the SE2 ...... 263.73 198.78 64.95 same time. Our concern now is that in (63 FR 26274)). The wage index SE1 ...... 233.39 175.92 57.47 some areas of the country, concurrent adjustment is applied to the proposed SSC ...... 227.88 171.76 56.12 therapy is becoming a standard practice labor-related portion of the Federal rate, SSB ...... 216.84 163.44 53.40 rather than the exception, and is being which is 75.374 percent of the total rate. SSA ...... 211.33 159.29 52.04 dictated by facility management This percentage reflects the labor- CC2 ...... 226.50 170.72 55.78 personnel rather than according to the related relative importance for FY 2002. CC1 ...... 208.57 157.21 51.36 professional judgment of the therapists The labor-related relative importance is CB2 ...... 197.54 148.89 48.65 involved. calculated from the SNF market basket, CB1 ...... 187.89 141.62 46.27 We believe that it is important to and approximates the labor-related CA2 ...... 186.51 140.58 45.93 CA1 ...... 175.48 132.27 43.21 heighten the SNF and therapy portion of the total costs after taking IB2 ...... 167.20 126.03 41.17 industries’ awareness of the applicable into account historical and projected IB1 ...... 164.45 123.95 40.50 Medicare policy in this regard. Medicare price changes between the base year and IA2 ...... 150.66 113.56 37.10 policy has not, until now, specifically FY 2002. The price proxies that move IA1 ...... 145.14 109.40 35.74 addressed coverage of skilled the different cost categories in the BB2 ...... 165.83 124.99 40.84 rehabilitation therapy in situations in market basket do not necessarily change BB1 ...... 161.69 121.87 39.82 which a single professional therapist (or at the same rate, and the relative BA2 ...... 149.28 112.52 36.76 therapy assistant under the supervision importance captures these changes. BA1 ...... 138.25 704.20 34.05 of the professional therapist) Accordingly, the relative importance PE2 ...... 780.99 136.42 44.57 PE1 ...... 178.24 134.35 43.89 simultaneously provides different figure more closely reflects the cost PD2 ...... 171.34 129.15 42.19 treatments to multiple beneficiaries. As share weights for FY 2002 than the base PD1 ...... 168.58 127.07 41.51 noted above, we have relied on the year weights from the SNF market PC2 ...... 161.69 121.87 39.82 professional therapist’s judgment as to basket. PC1 ...... 160.31 120.83 39.48 when it is appropriate for an individual We calculate the labor-related relative PB2 ...... 142.38 107.32 35.06 therapist to provide services to more importance for FY 2002 in four steps. PB1 ...... 141.01 106.28 34.73
VerDate 11
TABLE 5.—CASE-MIX ADJUSTED FED- TABLE 6.—CASE-MIX ADJUSTED FED- 2000 in the Federal Register (65 FR ERAL RATES FOR URBAN SNFSBY ERAL RATES FOR RURAL SNFSBY 46770). LABOR AND NON-LABOR COMPO- LABOR AND NON-LABOR COMPO- The wage index computations for the NENT—Continued NENT—Continued SNF prototype were done in the same manner as the current wage index based Non- Non- on hospital data, except that SNFs use RUG III Total Labor labor RUG III Total Labor category rate portion category rate portion labor one of three cost reports to report their portion portion data: Freestanding SNFs use the HCFA– 2540, Worksheet S–3; hospital-based PA2 ...... 139.63 105.24 34.39 PA2 ...... 138.53 104.42 34.11 PA1 ...... 135.49 102.12 33.37 PA1 ...... 134.58 101.44 33.14 SNFs use the HCFA–2552, Worksheet S–3; and low-volume SNF providers use the HCFA–2540-S, Worksheet S–3. Section 1888(e)(4)(G)(ii) of the Act TABLE 6.—CASE-MIX ADJUSTED FED- also requires that the application of this The SNF-specific wage indexes ERAL RATES FOR RURAL SNFSBY wage index be made in a manner that illustrated in Table 7 include the LABOR AND NON-LABOR COMPO- does not result in aggregate payments following categories of data associated NENT that are greater or lesser than would with costs paid under the SNF PPS: • otherwise be made in the absence of the Salaries and hours from RUG III Total Labor Non- wage adjustment. In this fourth PPS year freestanding and hospital-based SNFs. labor • category rate portion portion (Federal rates effective October 1, 2001), Home office costs and hours. we are updating the wage index • Certain contract labor costs and RUC ...... 463.74 349.54 114.20 applicable to SNF payments using the hours. RUB ...... 417.62 314.78 102.84 most recent hospital wage data and • Wage-related costs. RUA ...... 395.22 297.89 97.33 applying an adjustment to fulfill the Consistent with the wage index RVC ...... 355.09 267.65 87.44 RVB ...... 343.23 258.71 84.52 budget neutrality requirement. This methodology used in the development RVA ...... 312.93 235.87 77.06 requirement will be met by multiplying of the hospital wage index, the wage RHC ...... 323.97 244.19 79.78 each of the components of the indexes published here would also RHB ...... 297.62 224.33 73.29 unadjusted Federal rates by a factor continue to exclude the direct and RHA ...... 272.58 205.45 67.13 equal to the ratio of the volume overhead costs of salaries and hours for RMC ...... 318.38 239.98 78.40 weighted mean wage adjustment factor services not paid through the SNF PPS, RMB ...... 284.12 214.15 69.97 (using the wage index from the previous such as home health services, and other RMA ...... 266.99 201.24 65.75 year) to the volume weighted mean RLB ...... 251.84 189.82 62.02 sub-provider components that are not RLA ...... 211.00 159.04 51.96 wage adjustment factor, using the wage subject to the PPS. In addition, as is SE3 ...... 297.96 224.58 73.38 index for the FY beginning October 1, done in computing the hospital wage SE2 ...... 257.12 193.80 63.32 2001. The same volume weights are index, we would phase out costs SE1 ...... 228.13 171.95 56.18 used in both the numerator and associated with graduate medical SSC ...... 222.86 167.98 54.88 denominator and will be derived from education (GME) (teaching physicians SSB ...... 212.32 160.03 52.29 1997 Medicare Provider Analysis and and residents). For purposes of SSA ...... 207.05 156.06 50.99 Review File (MEDPAR) data. The wage illustrating the wage indexes shown in CC2 ...... 221.54 166.98 54.56 CC1 ...... 204.41 154.07 50.34 adjustment factor used in this Table 7, the SNF wage index is based on CB2 ...... 193.87 146.13 47.74 calculation is defined as the labor share a blend of 60 percent of an average CB1 ...... 184.65 139.18 45.47 of the rate component multiplied by the hourly wage including the GME costs, CA2 ...... 183.33 138.18 45.15 wage index plus the non-labor share. and 40 percent of an average hourly CA1 ...... 172.79 130.24 42.55 The proposed budget neutrality factor wage excluding these costs. IB2 ...... 164.88 124.28 40.60 for FY 2002 is .99939. Table 7 shows a side by side IB1 ...... 162.25 122.29 39.96 Over the past few years, we have IA2 ...... 149.07 112.36 36.71 comparison of the wage index. Column IA1 ...... 143.80 108.39 35.41 received many comments asking that we A shows the Metropolitan Statistical BB2 ...... 163.57 123.29 40.28 evaluate a SNF-specific wage index, Area (MSA); Column B shows the wage BB1 ...... 159.61 120.30 39.31 which would be based solely on wage index, utilizing data derived from SNFs BA2 ...... 147.76 111.37 36.39 and hourly data from SNFs. To develop with cost reporting periods ending BA1 ...... 137.21 103.42 33.79 this analysis, a schedule was added to during FY 1998; Column C shows the PE2 ...... 178.06 134.21 43.85 the cost report to gather wage and wage index developed using SNF data PE1 ...... 175.43 132.23 43.20 hourly data from each SNF. In this from cost reporting periods ending PD2 ...... 168.84 127.26 41.58 PD1 ...... 166.20 125.27 40.93 proposed rule we are publishing a wage during FY 1999; and Column D shows PC2 ...... 159.61 120.30 39.31 index prototype based on SNF data, the wage index from the FY 2001 final PC1 ...... 158.30 119.32 38.98 along with the wage index based on the rule, as revised by the correction notice PB2 ...... 141.17 106.41 34.76 hospital wage data that was used in the published on January 16, 2001 (66 FR PB1 ...... 139.85 105.41 34.44 FY 2001 final rule published July 31, 3497). TABLE 7.—WAGE INDEX FOR URBAN AREAS
Wage Index Urban Area (Constituent Counties or County Equivalents) SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
0040 Abilene, TX ...... 0.7354 0.8162 0.8240 Taylor, TX 0060 Aguadilla, PR ...... 0.0000 0.0000 0.4391 Aguada, PR
VerDate 11
TABLE 7.—WAGE INDEX FOR URBAN AREAS—Continued
Wage Index Urban Area (Constituent Counties or County Equivalents) SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
Aguadilla, PR Moca, PR 0080 Akron, OH ...... 0.9636 1.0553 0.9736 Portage, OH Summit, OH 0120 Albany, GA ...... 0.6203 0.7460 0.9933 Dougherty, GA Lee, GA 0160 Albany-Schenectady-Troy, NY ...... 1.0860 1.0809 0.8549 Albany, NY Montgomery, NY Rensselaer, NY Saratoga, NY Schenectady, NY Schoharie, NY 0200 Albuquerque, NM ...... 0.7892 0.7980 0.9136 Bernalillo, NM Sandoval, NM Valencia, NM 0220 Alexandria, LA ...... 0.7849 0.6318 0.8123 Rapides, LA 0240 Allentown-Bethlehem-Easton, PA ...... 1.1553 1.0749 0.9925 Carbon, PA Lehigh, PA Northampton, PA 0280 Altoona, PA ...... 0.9559 0.9712 0.9346 Blair, PA 0320 Amarillo, TX ...... 0.8377 0.8338 0.8715 Potter, TX Randall, TX 0380 Anchorage, AK ...... 1.5003 1.4716 1.2793 Anchorage, AK 0440 Ann Arbor, MI ...... 1.0845 1.1059 1.1254 Lenawee, MI Livingston, MI Washtenaw, MI 0450 Anniston, AL ...... 0.7619 0.9226 0.8284 Calhoun, AL 0460 Appleton-Oshkosh-Neenah, WI ...... 1.0962 1.0662 0.9052 Calumet, WI Outagamie, WI Winnebago, WI 0470 Arecibo, PR ...... 0.0000 0.0000 0.4525 Arecibo, PR Camuy, PR Hatillo, PR 0480 Asheville, NC ...... 0.9090 0.9482 0.9516 Buncombe, NC Madison, NC 0500 Athens, GA ...... 0.9653 0.9264 0.9739 Clarke, GA Madison, GA Oconee, GA 0520 Atlanta, GA ...... 0.9733 0.9474 1.0096 Barrow, GA Bartow, GA Carroll, GA Cherokee, GA Clayton, GA Cobb, GA Coweta, GA De Kalb, GA Douglas, GA Fayette, GA Forsyth, GA Fulton, GA Gwinnett, GA Henry, GA Newton, GA Paulding, GA Pickens, GA Rockdale, GA Spalding, GA Walton, GA 0560 Atlantic City-Cape May, NJ ...... 1.1443 1.1406 1.1182 Atlantic City, NJ Cape May, NJ
VerDate 11
TABLE 7.—WAGE INDEX FOR URBAN AREAS—Continued
Wage Index Urban Area (Constituent Counties or County Equivalents) SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
0580 Auburn-Opelika, AL ...... 0.9892 0.8857 0.8106 Lee, AL 0600 Augusta-Aiken, GA-SC ...... 0.7831 0.7898 0.9160 Columbia, GA McDuffie, GA Richmond, GA Aiken, SC Edgefield, SC 0640 Austin-San Marcos, TX ...... 0.8694 0.8826 0.9577 Bastrop, TX Caldwell, TX Hays, TX Travis, TX Williamson, TX 0680 Bakersfield, CA ...... 1.0005 1.0059 0.9678 Kern, CA 0720 Baltimore, MD ...... 1.0144 0.9797 0.9365 Anne Arundel, MD Baltimore, MD Baltimore City, MD Carroll, MD Harford, MD Howard, MD Queen Annes, MD 0733 Bangor, ME ...... 1.0358 0.8851 0.9561 Penobscot, ME 0743 Barnstable-Yarmouth, MA ...... 1.2663 1.2722 1.3839 Barnstable, MA 0760 Baton Rouge, LA ...... 0.7459 0.7803 0.8842 Ascension, LA East Baton Rouge, LA Livingston, LA West Baton Rouge, LA 0840 Beaumont-Port Arthur, TX ...... 0.8049 0.7895 0.8744 Hardin, TX Jefferson, TX Orange, TX 0860 Bellingham, WA ...... 0.9121 0.8984 1.1439 Whatcom, WA 0870 Benton Harbor, MI ...... 0.8766 0.9098 0.8671 Berrien, MI 0875 Bergen-Passaic, NJ ...... 1.3811 1.2739 1.1848 Bergen, NJ Passaic, NJ 0880 Billings, MT ...... 0.9429 0.9017 0.9585 Yellowstone, MT 0920 Biloxi-Gulfport-Pascagoula, MS ...... 0.8023 0.9676 0.8236 Hancock, MS Harrison, MS Jackson, MS 0960 Binghamton, NY ...... 0.9400 0.9231 0.8690 Broome, NY Tioga, NY 1000 Birmingham, AL ...... 0.8846 0.9155 0.8452 Blount, AL Jefferson, AL St. Clair, AL Shelby, AL 1010 Bismarck, ND ...... 0.8939 0.8745 0.7705 Burleigh, ND Morton, ND 1020 Bloomington, IN ...... 0.8272 0.9108 0.8733 Monroe, IN 1040 Bloomington-Normal, IL ...... 0.8547 0.9268 0.9095 McLean, IL 1080 Boise City, ID ...... 1.0779 0.9592 0.9006 Ada, ID Canyon, ID 1123 Boston-Worcester-Lawrence-Lowell-Brockton, MA–NH ...... 1.2273 1.1947 1.1160 Bristol, MA Essex, MA Middlesex, MA Norfolk, MA Plymouth, MA Suffolk, MA Worcester, MA Hillsborough, NH
VerDate 11
TABLE 7.—WAGE INDEX FOR URBAN AREAS—Continued
Wage Index Urban Area (Constituent Counties or County Equivalents) SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
Merrimack, NH Rockingham, NH Strafford, NH 1125 Boulder-Longmont, CO ...... 1.1414 0.9062 0.9731 Boulder, CO 1145 Brazoria, TX ...... 0.7869 0.7187 0.8658 Brazoria, TX 1150 Bremerton, WA ...... 0.9945 0.9732 1.0975 Kitsap, WA 1240 Brownsville-Harlingen-San Benito, TX ...... 0.8226 0.7991 0.8722 Cameron, TX 1260 Bryan-College Station, TX ...... 0.8326 0.6742 0.8237 Brazos, TX 1280 Buffalo-Niagara Falls, NY ...... 1.0114 0.9494 0.9580 Erie, NY Niagara, NY 1303 Burlington, VT ...... 1.0690 1.0145 1.0735 Chittenden, VT Franklin, VT Grand Isle, VT 1310 Caguas, PR ...... 0.0000 0.0000 0.4562 Caguas, PR Cayey, PR Cidra, PR Gurabo, PR San Lorenzo, PR 1320 Canton-Massillon, OH ...... 0.9343 0.8839 0.8584 Carroll, OH Stark, OH 1350 Casper, WY ...... 0.7798 0.8405 0.8724 Natrona, WY 1360 Cedar Rapids, IA ...... 0.8652 0.9390 0.8736 Linn, IA 1400 Champaign-Urbana, IL ...... 0.9478 1.0588 0.9198 Champaign, IL 1440 Charleston-North Charleston, SC ...... 0.7764 0.7695 0.9038 Berkeley, SC Charleston, SC Dorchester, SC 1480 Charleston, WV ...... 0.9525 0.9975 0.9240 Kanawha, WV Putnam, WV 1520 Charlotte-Gastonia-Rock Hill, NC–SC ...... 1.0230 0.9661 0.9407 Cabarrus, NC Gaston, NC Lincoln, NC Mecklenburg, NC Rowan, NC Stanly, NC Union, NC York, SC 1540 Charlottesville, VA ...... 0.9619 0.9943 1.0789 Albemarle, VA Charlottesville City, VA
Fluvanna, VA Greene, VA 1560 Chattanooga, TN–GA ...... 0.9186 0.8876 0.9833 Catoosa, GA Dade, GA Walker, GA Hamilton, TN Marion, TN 1580 Cheyenne, WY ...... 1.0743 0.9800 0.8308 Laramie, WY 1600 Chicago, IL ...... 0.9358 0.9860 1.1146 Cook, IL De Kalb, IL Du Page, IL Grundy, IL Kane, IL Kendall, IL Lake, IL McHenry, IL Will, IL 1620 Chico-Paradise, CA ...... 0.9238 0.9565 0.9918 Butte, CA
VerDate 11
TABLE 7.—WAGE INDEX FOR URBAN AREAS—Continued
Wage Index Urban Area (Constituent Counties or County Equivalents) SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
1640 Cincinnati, OH–KY–IN ...... 0.9579 0.9615 0.9415 Dearborn, IN Ohio, IN Boone, KY Campbell, KY Gallatin, KY Grant, KY Kenton, KY Pendleton, KY Brown, OH Clermont, OH Hamilton, OH Warren, OH 1660 Clarksville-Hopkinsville, TN–KY ...... 0.7928 0.7668 0.8204 Christian, KY Montgomery, TN 1680 Cleveland-Lorain-Elyria, OH ...... 1.0330 1.0271 0.9597 Ashtabula, OH Geauga, OH Cuyahoga, OH Lake, OH Lorain, OH Medina, OH 1720 Colorado Springs, CO ...... 0.8972 0.9387 0.9697 El Paso, CO 1740 Columbia, MO ...... 0.9174 0.8050 0.8961 Boone, MO 1760 Columbia, SC ...... 0.9423 0.9195 0.9554 Lexington, SC Richland, SC 1800 Columbus, GA–AL ...... 0.7897 0.8062 0.8568 Russell, AL Chattanoochee, GA Harris, GA Muscogee, GA 1840 Columbus, OH ...... 1.0294 1.0288 0.9619 Delaware, OH Fairfield, OH Franklin, OH Licking, OH Madison, OH Pickaway, OH 1880 Corpus Christi, TX ...... 0.8333 0.8573 0.8726 Nueces, TX San Patricio, TX 1890 Corvallis, OR ...... 0.7759 0.8492 1.1326 Benton, OR 1900 Cumberland, MD–WV ...... 0.8879 0.9957 0.8369 Allegany, MD Mineral, WV 1920 Dallas, TX ...... 0.8943 0.9558 0.9913 Collin, TX Dallas, TX Denton, TX Ellis, TX Henderson, TX Hunt, TX Kaufman, TX Rockwall, TX 1950 Danville, VA ...... 0.7390 0.7589 0.8589 Danville City, VA Pittsylvania, VA 1960 Davenport-Moline-Rock Island, IA–IL ...... 0.8633 0.8694 0.8898 Scott, IA Henry, IL Rock Island, IL 2000 Dayton-Springfield, OH ...... 0.9102 0.9455 0.9442 Clark, OH Greene, OH Miami, OH Montgomery, OH 2020 Daytona Beach, FL ...... 0.8922 0.9231 0.9200 Flagler, FL Volusia, FL 2030 Decatur, AL ...... 0.9186 0.8669 0.8534 Lawrence, AL Morgan, AL
VerDate 11
TABLE 7.—WAGE INDEX FOR URBAN AREAS—Continued
Wage Index Urban Area (Constituent Counties or County Equivalents) SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
2040 Decatur, IL ...... 0.8804 0.8322 0.8125 Macon, IL 2080 Denver, CO ...... 1.0833 1.0643 1.0181 Adams, CO Arapahoe, CO Denver, CO Douglas, CO Jefferson, CO 2120 Des Moines, IA ...... 0.9003 0.9712 0.9118 Dallas, IA Polk, IA Warren, IA 2160 Detroit, MI ...... 0.9798 0.9957 1.0510 Lapeer, MI Macomb, MI Monroe, MI Oakland, MI St. Clair, MI Wayne, MI 2180 Dothan, AL ...... 0.7485 0.8621 0.7943 Dale, AL Houston, AL 2190 Dover, DE ...... 1.1346 1.0334 1.0078 Kent, DE 2200 Dubuque, IA ...... 0.9533 1.0244 0.8746 Dubuque, IA 2240 Duluth-Superior, MN–WI ...... 0.9492 1.0842 1.0032 St. Louis, MN Douglas, WI 2281 Dutchess County, NY ...... 1.0745 1.1267 1.0249 Dutchess, NY 2290 Eau Claire, WI ...... 0.9402 0.9868 0.8790 Chippewa, WI Eau Claire, WI 2320 El Paso, TX ...... 0.7912 0.8687 0.9346 El Paso, TX 2330 Elkhart-Goshen, IN 1.0718 0.9752 0.9145 Elkhart, IN 2335 Elmira, NY ...... 1.0063 1.0535 0.8546 Chemung, NY 2340 Enid, OK ...... 0.7874 0.7879 0.8610 Garfield, OK 2360 Erie, PA ...... 1.0605 1.0583 0.8985 Erie, PA 2400 Eugene-Springfield, OR ...... 0.8713 0.8417 1.0965 Lane, OR 2440 Evansville-Henderson, IN–KY ...... 0.9297 0.9342 0.8173 Posey, IN Vanderburgh, IN Warrick, IN Henderson, KY 2520 Fargo-Moorhead, ND–MN ...... 0.9621 1.0643 0.8749 Clay, MN Cass, ND 2560 Fayetteville, NC ...... 0.8495 0.8584 0.8655 Cumberland, NC 2580 Fayetteville-Springdale-Rogers, AR ...... 0.8193 0.8512 0.7910 Benton, AR Washington, AR 2620 Flagstaff, AZ–UT ...... 1.2591 1.0997 1.0686 Coconino, AZ Kane, UT 2640 Flint, MI ...... 0.9788 0.9726 1.1205 Genesee, MI 2650 Florence, AL ...... 0.9251 0.9031 0.7616 Colbert, AL Lauderdale, AL 2655 Florence, SC ...... 0.7684 0.7799 0.8777 Florence, SC 2670 Fort Collins-Loveland, CO ...... 0.9010 0.9680 1.0647 Larimer, CO 2680 Ft. Lauderdale, FL ...... 0.9681 0.9625 1.0121 Broward, FL 2700 Fort Myers-Cape Coral, FL ...... 0.9444 0.8951 0.9247 Lee, FL 2710 Fort Pierce-Port St. Lucie, FL ...... 1.0172 0.9880 0.9538 Martin, FL
VerDate 11
TABLE 7.—WAGE INDEX FOR URBAN AREAS—Continued
Wage Index Urban Area (Constituent Counties or County Equivalents) SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
St. Lucie, FL 2720 Fort Smith, AR–OK ...... 0.7268 0.7499 0.8052 Crawford, AR Sebastian, AR Sequoyah, OK 2750 Fort Walton Beach, FL ...... 0.9440 0.9582 0.9607 Okaloosa, FL 2760 Fort Wayne, IN ...... 0.9082 0.9763 0.8665 Adams, IN Allen, IN De Kalb, IN Huntington, IN Wells, IN Whitley, IN 2800 Forth Worth-Arlington, TX ...... 0.8821 0.9047 0.9527 Hood, TX Johnson, TX Parker, TX Tarrant, TX 2840 Fresno, CA ...... 0.8738 0.9823 1.0104 Fresno, CA Madera, CA 2880 Gadsden, AL ...... 0.9108 0.6287 0.8423 Etowah, AL 2900 Gainesville, FL ...... 0.9325 1.0300 1.0074 Alachua, FL 2920 Galveston-Texas City, TX ...... 0.7678 0.6821 0.9918 Galveston, TX 2960 Gary, IN ...... 0.9827 0.9807 0.9454 Lake, IN Porter, IN 2975 Glens Falls, NY ...... 0.9560 0.9772 0.8361 Warren, NY Washington, NY 2980 Goldsboro, NC ...... 0.9370 0.8740 0.8423 Wayne, NC 2985 Grand Forks, ND–MN ...... 0.8816 0.9022 0.8816 Polk, MN Grand Forks, ND 2995 Grand Junction, CO ...... 0.9539 0.9156 0.9109 Mesa, CO. 3000 Grand Rapids-Muskegon-Holland, MI ...... 0.9715 0.9978 1.0248 Allegan, MI Kent, MI Muskegon, MI Ottawa, MI 3040 Great Falls, MT ...... 0.9712 1.0019 0.9065 Cascade, MT 3060 Greeley, CO ...... 0.9253 0.8880 0.9814 Weld, CO 3080 Green Bay, WI ...... 0.9441 1.0262 0.9225 Brown, WI 3120 Greensboro-Winston-Salem-High Point, NC ...... 1.0166 0.9782 0.9131 Alamance, NC Davidson, NC Davie, NC Forsyth, NC Guilford, NC Randolph, NC Stokes, NC Yadkin, NC 3150 Greenville, NC ...... 0.8844 0.9400 0.9384 Pitt, NC 3160 Greenville-Spartanburg-Anderson, SC ...... 0.8362 0.9622 0.9003 Anderson, SC Cherokee, SC Greenville, SC Pickens, SC Spartanburg, SC 3180 Hagerstown, MD ...... 0.9318 0.9153 0.9409 Washington, MD 3200 Hamilton-Middletown, OH ...... 0.9739 0.9532 0.9061 Butler, OH 3240 Harrisburg-Lebanon-Carlisle, PA ...... 1.1052 1.0753 0.9386 Cumberland, PA Dauphin, PA Lebanon, PA
VerDate 11
TABLE 7.—WAGE INDEX FOR URBAN AREAS—Continued
Wage Index Urban Area (Constituent Counties or County Equivalents) SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
Perry, PA 3283 Hartford, CT ...... 1.2733 1.1675 1.1373 Hartford, CT Litchfield, CT Middlesex, CT Tolland, CT 3285 Hattiesburg, MS ...... 0.8421 0.7540 0.7490 Forrest, MS Lamar, MS 3290 Hickory-Morganton-Lenoir, NC ...... 0.9086 0.9027 0.9008 Alexander, NC Burke, NC Caldwell, NC Catawba, NC 3320 Honolulu, HI ...... 1.2242 1.2838 1.1863 Honolulu, HI 3350 Houma, LA ...... 0.6694 0..6749 0.8086 Lafourche, LA Terrebonne, LA 3360 Houston, TX ...... 0.8506 0.8634 0.9732 Chambers, TX Fort Bend, TX Harris, TX Liberty, TX Montgomery, TX Waller, TX 3400 Huntington-Ashland, WV–KY–OH ...... 0.7948 0.8957 0.9876 Boyd, KY Carter, KY Greenup, KY Lawrence, OH Cabell, WV Wayne, WV 3440 Huntsville, AL ...... 0.9774 0.7569 0.8932 Limestone, AL Madison, AL 3480 Indianapolis, IN ...... 0.9932 1.0128 0.9787 Boone, IN Hamilton, IN Hancock, IN Hendricks, IN Johnson, IN Madison, IN Marion, IN Morgan, IN Shelby, IN 3500 Iowa City, IA ...... 0.9092 0.8611 0.9657 Johnson, IA 3520 Jackson, MI ...... 0.9393 1.0367 0.9134 Jackson, MI 3560 Jackson, MS ...... 0.8731 0.9642 0.8812 Hinds, MS Madison, MS Rankin, MS 3580 Jackson, TN ...... 0.9437 0.8032 0.8796 Chester, TN Madison, TN 3600 Jacksonville, FL ...... 0.9566 0.9309 0.9208 Clay, FL Duval, FL Nassau, FL St. Johns, FL 3605 Jacksonville, NC ...... 0.6554 0.8257 0.7777 Onslow, NC 3610 Jamestown, NY ...... 0.9276 0.8990 0.7818 Chautaqua, NY 3620 Janesville-Beloit, WI ...... 0.8899 0.9652 0.9585 Rock, WI 3640 Jersey City, NJ ...... 1.2879 0.8535 1.1502 Hudson, NJ 3660 Johnson City-Kingsport-Bristol, TN–VA ...... 0.8853 0.8303 0.8272 Carter, TN Hawkins, TN Sullivan, TN Unicoi, TN Washington, TN Bristol City, VA
VerDate 11
TABLE 7.—WAGE INDEX FOR URBAN AREAS—Continued
Wage Index Urban Area (Constituent Counties or County Equivalents) SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
Scott, VA Washington, VA 3680 Johnstown, PA ...... 0.9877 0.9914 0.8846 Cambria, PA Somerset, PA 3700 Jonesboro, AR ...... 0.6568 0.8322 0.7832 Craighead, AR 3710 Joplin, MO ...... 0.8112 0.8128 0.8148 Jasper, MO Newton, MO 3720 Kalamazoo-Battle Creek, MI ...... 0.9773 0.9982 1.0453 Calhoun, MI Kalamazoo, MI Van Buren, MI 3740 Kankakee, IL ...... 0.8635 0.8886 0.9902 Kankakee, IL 3760 Kansas City, KS–MO ...... 0.9439 0.9726 0.9527 Johnson, KS Leavenworth, KS Miami, KS Wyandotte, KS Cass, MO Clay, MO Clinton, MO Jackson, MO Lafayette, MO Platte, MO Ray, MO 3800 Kenosha, WI ...... 1.1006 1.0354 0.9611 Kenosha, WI 3810 Killeen-Temple, TX ...... 0.7996 0.8280 1.0119 Bell, TX Coryell, TX 3840 Knoxville, TN ...... 0.9046 0.8712 0.8340 Anderson, TN Blount, TN Knox, TN Loudon, TN Sevier, TN Union, TN 3850 Kokomo, IN ...... 1.0415 0.8785 0.9518 Howard, IN Tipton, IN 3870 La Crosse, WI–MN ...... 0.9343 0.9838 0.9211 Houston, MN La Crosse, WI 3880 Lafayette, LA ...... 0.7373 0.7000 0.8490 Acadia, LA Lafayette, LA St. Landry, LA St. Martin, LA 3920 Lafayette, IN ...... 1.0308 0.9298 0.8834 Clinton, IN Tippecanoe, IN 3960 Lake Charles, LA ...... 0.7437 0.7102 0.7399 Calcasieu, LA 3980 Lakeland-Winter Haven, FL ...... 1.0545 1.0235 0.9239 Polk, FL 4000 Lancaster, PA ...... 1.0528 1.0114 0.9259 Lancaster, PA 4040 Lansing-East Lansing, MI ...... 0.9933 1.0271 0.9934 Clinton, MI Eaton, MI Ingham, MI 4080 Laredo, TX ...... 0.7832 0.8348 0.8168 Webb, TX 4100 Las Cruces, NM ...... 0.6816 0.7263 0.8658 Dona Ana, NM 4120 Las Vegas, NV–AZ ...... 1.0189 1.0278 1.0796 Mohave, AZ Clark, NV Nye, NV 4150 Lawrence, KS ...... 0.9625 0.9352 0.8190 Douglas, KS 4200 Lawton, OK ...... 0.6546 0.7951 0.8996 Comanche, OK 4243 Lewiston-Auburn, ME ...... 0.8717 0.9202 0.9036
VerDate 11
TABLE 7.—WAGE INDEX FOR URBAN AREAS—Continued
Wage Index Urban Area (Constituent Counties or County Equivalents) SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
Androscoggin, ME 4280 Lexington, KY ...... 0.9208 0.7549 0.8866 Bourbon, KY Clark, KY Fayette, KY Jessamine, KY Madison, KY Scott, KY Woodford, KY 4320 Lima, OH ...... 0.8609 0.9397 0.9320 Allen, OH Auglaize, OH 4360 Lincoln, NE ...... 1.0497 1.0192 0.9626 Lancaster, NE 4400 Little Rock-North Little Rock, AR ...... 0.9213 0.9210 0.8906 Faulkner, AR Lonoke, AR Pulaski, AR Saline, AR 4420 Longview-Marshall, TX ...... 0.7978 0.9291 0.8922 Gregg, TX Harrison, TX Upshur, TX 4480 Los Angeles-Long Beach, CA ...... 1.0083 1.0129 1.1996 Los Angeles, CA 4520 Louisville, KY–IN ...... 0.9433 0.9206 0.9350 Clark, IN Floyd, IN Harrison, IN Scott, IN Bullitt, KY Jefferson, KY Oldham, KY 4600 Lubbock, TX ...... 0.7676 0.7802 0.8838 Lubbock, TX 4640 Lynchburg, VA ...... 0.8673 0.8209 0.8867 Amherst, VA Bedford City, VA Bedford, VA Campbell, VA Lynchburg City, VA 4680 Macon, GA ...... 0.8420 0.7877 0.8974 Bibb, GA Houston, GA Jones, GA Peach, GA Twiggs, GA 4720 Madison, WI ...... 0.9982 1.0705 1.0271 Dane, WI 4800 Mansfield, OH ...... 0.8294 0.9051 0.8690 Crawford, OH Richland, OH 4840 Mayaguez, PR ...... 0.0000 0.0000 0.4589 Anasco, PR Cabo Rojo, PR Hormigueros, PR Mayaguez, PR Sabana Grande, PR San German, PR 4880 McAllen-Edinburg-Mission, TX ...... 0.8136 0.7935 0.8566 Hidalgo, TX 4890 Medford-Ashland, OR ...... 0.9732 0.9528 1.0344 Jackson, OR 4900 Melbourne-Titusville-Palm Bay, FL ...... 1.0452 1.0178 0.9688 Brevard, Fl 4920 Memphis, TN–AR–MS ...... 0.9554 0.9919 0.8723 Crittenden, AR De Soto, MS Fayette, TN Shelby, TN Tipton, TN 4940 Merced, CA ...... 0.7959 0.9022 0.9646 Merced, CA 5000 Miami, FL ...... 0.9359 0.9577 1.0059 Dade, FL 5015 Middlesex-Somerset-Hunterdon, NJ ...... 1.1283 1.2052 1.1075 Hunterdon, NJ
VerDate 11
TABLE 7.—WAGE INDEX FOR URBAN AREAS—Continued
Wage Index Urban Area (Constituent Counties or County Equivalents) SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
Middlesex, NJ Somerset, NJ 5080 Milwaukee-Waukesha, WI ...... 1.0373 1.0397 0.9767 Milwaukee, WI Ozaukee, WI Washington, WI Waukesha, WI 5120 Minneapolis-St Paul, MN–WI ...... 1.2186 1.2375 1.1017 Anoka, MN Carver, MN Chisago, MN Dakota, MN Hennepin, MN Isanti, MN Ramsey, MN Scott, MN Sherburne, MN Washington, MN Wright, MN Pierce, WI St. Croix, WI 5140 Missoula, MT ...... 0.9197 0.8724 0.9274 Missoula, MT 5160 Mobile, AL ...... 0.8273 0.9284 0.8163 Baldwin, AL Mobile, AL 5170 Modesto, CA ...... 0.8732 0.9675 1.0396 Stanislaus, CA 5190 Monmouth-Ocean, NJ ...... 1.1251 1.0979 1.1278 Monmouth, NJ Ocean, NJ 5200 Monroe, LA ...... 0.7793 0.8161 0.8396 Ouachita, LA 5240 Montgomery, AL ...... 0.7738 0.8229 0.7653 Autauga, AL Elmore, AL Montgomery, AL 5280 Muncie, IN ...... 0.9597 0.9550 1.0969 Delaware, IN 5330 Myrtle Beach, SC ...... 0.9077 0.7922 0.8440 Horry, SC 5345 Naples, FL ...... 0.9628 1.0437 0.9661 Collier, FL 5360 Nashville, TN ...... 0.9408 0.9345 0.9490 Cheatham, TN Davidson, TN Dickson, TN Robertson, TN Rutherford, TN Sumner, TN Williamson, TN Wilson, TN 5380 Nassau-Suffolk, NY ...... 1.5592 1.5034 1.3932 Nassau, NY Suffolk, NY 5483 New Haven-Bridgeport-Stamford-Waterbury-Danbury, CT ...... 1.2799 1.3446 1.2297 Fairfield, CT New Haven, CT 5523 New London-Norwich, CT ...... 1.2035 1.2438 1.2063 New London, CT 5560 New Orleans, LA ...... 0.8077 0.8436 0.9295 Jefferson, LA Orleans, LA Plaquemines, LA St. Bernard, LA St. Charles, LA St. James, LA St. John The Baptist, LA St. Tammany, LA 5600 New York, NY ...... 1.5638 1.4983 1.4651 Bronx, NY Kings, NY New York, NY Putnam, NY Queens, NY Richmond, NY Rockland, NY
VerDate 11
TABLE 7.—WAGE INDEX FOR URBAN AREAS—Continued
Wage Index Urban Area (Constituent Counties or County Equivalents) SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
Westchester, NY 5640 Newark, NJ ...... 1.2344 1.1704 1.1837 Essex, NJ Morris, NJ Sussex, NJ Union, NJ Warren, NJ 5660 Newburgh, NY–PA ...... 1.2791 1.2347 1.0847 Orange, NY Pike, PA 5720 Norfolk-Virginia Beach-Newport News, VA–NC ...... 0.8084 0.7828 0.8412 Currituck, NC Chesapeake City, VA Gloucester, VA Hampton City, VA Isle of Wight, VA James City, VA Mathews, VA Newport News City, VA Norfolk City, VA Poquoson City, VA Portsmouth City, VA Suffolk City, VA Virginia Beach City, VA Williamsburg City, VA York, VA 5775 Oakland, CA ...... 1.0815 1.0616 1.4983 Alameda, CA Contra Costa, CA 5790 Ocala, FL ...... 0.9967 0.7345 0.9243 Marion, FL 5800 Odessa-Midland, TX ...... 0.7857 0.8858 0.9205 Ector, TX Midland, TX 5880 Oklahoma City, OK ...... 0.7911 0.7955 0.8822 Canadian, OK Cleveland, OK Logan, OK McClain, OK Oklahoma, OK Pottawatomie, OK 5910 Olympia, WA ...... 0.9888 0.9548 1.0677 Thurston, WA 5920 Omaha, NE–IA ...... 1.0212 1.0731 0.9572 Pottawattamie, IA Cass, NE Douglas, NE Sarpy, NE Washington, NE 5945 Orange County, CA ...... 1.0747 1.0649 1.1467 Orange, CA 5960 Orlando, FL ...... 0.9445 0.9566 0.9610 Lake, FL Orange, FL Osceola, FL Seminole, FL 5990 Owensboro, KY ...... 1.0374 0.8987 0.8159 Daviess, KY 6015 Panama City, FL ...... 0.9224 0.9344 0.9010 Bay, FL 6020 Parkersburg-Marietta, WV–OH ...... 0.9779 0.9064 0.8274 Washington, OH Wood, WV 6080 Pensacola, FL ...... 0.7929 0.8519 0.8176 Escambia, FL Santa Rosa, FL 6120 Peoria-Pekin, IL ...... 0.8375 0.9017 0.8645 Peoria, IL Tazewell, IL Woodford, IL 6160 Philadelphia, PA–NJ ...... 1.1553 1.1460 1.0937 Burlington, NJ Camden, NJ Gloucester, NJ Salem, NJ Bucks, PA Chester, PA
VerDate 11
TABLE 7.—WAGE INDEX FOR URBAN AREAS—Continued
Wage Index Urban Area (Constituent Counties or County Equivalents) SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
Delaware, PA Montgomery, PA Philadelphia, PA 6200 Phoenix-Mesa, AZ ...... 1.0176 1.0219 0.9669 Maricopa, AZ Pinal, AZ 6240 Pine Bluff, AR ...... 0.6727 0.7983 0.7791 Jefferson, AR 6280 Pittsburgh, PA ...... 1.0937 1.0574 0.9741 Allegheny, PA Beaver, PA Butler, PA Fayette, PA Washington, PA Westmoreland, PA 6323 Pittsfield, MA ...... 1.1357 1.0739 1.0288 Berkshire, MA 6340 Pocatello, ID ...... 0.7864 0.7717 0.9076 Bannock, ID 6360 Ponce, PR ...... 0.7238 0.6854 0.5006 Guayanilla, PR Juana Diaz, PR Penuelas, PR Ponce, PR Villalba, PR Yauco, PR 6403 Portland, ME ...... 1.0594 1.0378 0.9748 Cumberland, ME Sagadahoc, ME York, ME 6440 Portland-Vancouver, OR–WA ...... 1.0495 1.0048 1.0910 Clackamas, OR Columbia, OR Multnomah, OR Washington, OR Yamhill, OR Clark, WA 6483 Providence-Warwick-Pawtucket, RI ...... 1.0486 1.0120 1.0864 Bristol, RI Kent, RI Newport, RI Providence, RI Washington, RI 6520 Provo-Orem, UT ...... 0.7640 0.9453 1.0029 Utah, UT 6560 Pueblo, CO ...... 0.8689 0.9305 0.8815 Pueblo, CO 6580 Punta Gorda, FL ...... 0.9549 0.9761 0.9613 Charlotte, FL 6600 Racine, WI ...... 1.1701 1.1432 0.9246 Racine, WI 6640 Raleigh-Durham-Chapel Hill, NC ...... 1.0767 1.0122 0.9646 Chatham, NC Durham, NC Franklin, NC Johnston, NC Orange, NC Wake, NC 6660 Rapid City, SD ...... 0.7728 0.9584 0.8865 Pennington, SD 6680 Reading, PA ...... 1.0531 1.1283 0.9152 Berks, PA 6690 Redding, CA ...... 1.1269 1.0330 1.1664 Shasta, CA 6720 Reno, NV ...... 1.0926 1.2112 1.0550 Washoe, NV 6740 Richland-Kennewick-Pasco, WA ...... 1.0241 1.0334 1.1460 Benton, WA Franklin, WA 6760 Richmond-Petersburg, VA ...... 0.7927 0.8517 0.9617 Charles City County, VA Chesterfield, VA Colonial Heights City, VA Dinwiddie, VA Goochland, VA Hanover, VA Henrico, VA
VerDate 11
TABLE 7.—WAGE INDEX FOR URBAN AREAS—Continued
Wage Index Urban Area (Constituent Counties or County Equivalents) SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
Hopewell City, VA New Kent, VA Petersburg City, VA Powhatan, VA Prince George, VA Richmond City, VA 6780 Riverside-San Bernardino, CA ...... 1.0127 1.0086 1.1239 Riverside, CA San Bernardino, CA 6800 Roanoke, VA ...... 0.7443 0.8052 0.8750 Botetourt, VA Roanoke, VA Roanoke City, VA Salem City, VA 6820 Rochester, MN ...... 1.1764 1.1235 1.1315 Olmsted, MN 6840 Rochester, NY ...... 1.0708 1.0488 0.9182 Genesee, NY Livingston, NY Monroe, NY Ontario, NY Orleans, NY Wayne, NY 6880 Rockford, IL ...... 0.8844 0.9617 0.8819 Boone, IL Ogle, IL Winnebago, IL 6895 Rocky Mount, NC ...... 0.9221 0.8247 0.8849 Edgecombe, NC Nash, NC 6920 Sacramento, CA ...... 1.0230 1.0580 1.1950 El Dorado, CA Placer, CA Sacramento, CA A6960 Saginaw-Bay City-Midland, MI ...... 0.8510 0.9002 0.9575 Bay, MI Midland, MI Saginaw, MI 6980 St. Cloud, MN ...... 0.8480 0.9556 1.0016 Benton, MN Stearns, MN 7000 St. Joseph, MO ...... 1.1074 1.0774 0.9071 Andrews, MO Buchanan, MO 7040 St. Louis, MO–IL ...... 0.8900 0.9056 0.9049 Clinton, IL Jersey, IL Madison, IL Monroe, IL St. Clair, IL Franklin, MO Jefferson, MO Lincoln, MO St. Charles, MO St. Louis, MO St. Louis City, MO Warren, MO Sullivan City, MO 7080 Salem, OR ...... 0.9308 0.8379 1.0189 Marion, OR Polk, OR 7120 Salinas, CA ...... 1.0856 1.1224 1.4502 Monterey, CA 7160 Salt Lake City-Ogden, UT ...... 0.9984 0.9405 0.9807 Davis, UT Salt Lake, UT Weber, UT 7200 San Angelo, TX ...... 0.8222 0.7841 0.8083 Tom Green, TX 7240 San Antonio, TX ...... 0.8252 0.8159 0.8580 Bexar, TX Comal, TX Guadalupe, TX Wilson, TX 7320 San Diego, CA ...... 1.0177 1.0038 1.1784 San Diego, CA 7360 San Francisco, CA ...... 1.1958 1.1930 1.4156
VerDate 11
TABLE 7.—WAGE INDEX FOR URBAN AREAS—Continued
Wage Index Urban Area (Constituent Counties or County Equivalents) SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
Marin, CA San Francisco, CA San Mateo, CA 7400 San Jose, CA ...... 1.0787 1.1736 1.3652 Santa Clara, CA 7440 San Juan-Bayamon, PR ...... 0.5454 0.5070 0.4690 Aguas Buenas, PR Barceloneta, PR Bayamon, PR Canovanas, PR Carolina, PR Catano, PR Ceiba, PR Comerio, PR Corozal, PR Dorado, PR Fajardo, PR Florida, PR Guaynabo, PR Humacao, PR Juncos, PR Los Piedras, PR Loiza, PR Luguillo, PR Manati, PR Morovis, PR Naguabo, PR Naranjito, PR Rio Grande, PR San Juan, PR Toa Alta, PR Toa Baja, PR Trujillo Alto, PR Vega Alta, PR Vega Baja, PR Yabucoa, PR 7460 San Luis Obispo-Atascadero-Paso Robles, CA ...... 1.0873 0.9472 1.0673 San Luis Obispo, CA 7480 Santa Barbara-Santa Maria-Lompoc, CA ...... 0.9547 1.0338 1.0597 Santa Barbara, CA 7485 Santa Cruz-Watsonville, CA ...... 1.1349 0.9398 1.4040 Santa Cruz, CA 7490 Santa Fe, NM ...... 0.8636 1.3115 1.0537 Los Alamos, NM Santa Fe, NM 7500 Santa Rosa, CA ...... 1.0368 1.1709 1.2646 Sonoma, CA 7510 Sarasota-Bradenton, FL ...... 1.0006 1.0294 0.9809 Manatee, FL Sarasota, FL 7520 Savannah, GA ...... 0.8804 0.7861 0.9697 Bryan, GA Chatham, GA Effingham, GA 7560 Scranton-Wilkes-Barre-Hazleton, PA ...... 1.0313 1.0346 0.8421 Columbia, PA Lackawanna, PA Luzerne, PA Wyoming, PA 7600 Seattle-Bellevue-Everett, WA ...... 1.1078 1.0440 1.0996 Island, WA King, WA Snohomish, WA 7610 Sharon, PA ...... 1.0333 0.9605 0.7928 Mercer, PA 7620 Sheboygan, WI ...... 1.1775 1.2892 0.8379 Sheboygan, WI 7640 Sherman-Denison, TX ...... 0.8663 0.8372 0.8694 Grayson, TX 7680 Shreveport-Bossier City, LA ...... 0.7241 0.6735 0.8750 Bossier, LA Caddo, LA Webster, LA 7720 Sioux City, IA–NE ...... 0.9021 0.9063 0.8473 Woodbury, IA Dakota, NE 7760 Sioux Falls, SD ...... 0.8511 0.9286 0.8790
VerDate 11
TABLE 7.—WAGE INDEX FOR URBAN AREAS—Continued
Wage Index Urban Area (Constituent Counties or County Equivalents) SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
Lincoln, SD Minnehaha, SD 7800 South Bend, IN ...... 1.0075 1.0621 1.0000 St. Joseph, IN 7840 Spokane, WA ...... 0.9486 0.9854 1.0513 Spokane, WA 7880 Springfield, IL ...... 0.8276 0.9314 0.8685 Menard, IL Sangamon, IL 7920 Springfield, MO ...... 0.9289 0.9309 0.8488 Christian, MO Greene, MO Webster, MO 8003 Springfield, MA ...... 1.2171 1.1537 1.0637 Hampden, MA Hampshire, MA 8050 State College, PA ...... 1.0164 0.9558 0.9038 Centre, PA 8080 Steubenville-Weirton, OH–WV ...... 0.9182 0.9057 0.8548 Jefferson, OH Brooke, WV Hancock, WV 8120 Stockton-Lodi, CA ...... 0.9860 1.0313 1.0629 San Joaquin, CA 8140 Sumter, SC ...... 0.7762 0.8687 0.8271 Sumter, SC 8160 Syracuse, NY ...... 1.0121 1.0499 0.9549 Cayuga, NY Madison, NY Onondaga, NY Oswego, NY 8200 Tacoma, WA ...... 0.9407 0.9441 1.1564 Pierce, WA 8240 Tallahassee, FL ...... 0.9658 0.9761 0.8545 Gadsden, FL Leon, FL 8280 Tampa-St. Petersburg-Clearwater, FL ...... 1.0177 1.0025 0.8982 Hernando, FL Hillsborough, FL Pasco, FL Pinellas, FL 8320 Terre Haute, IN ...... 0.8222 0.8286 0.8304 Clay, IN Vermillion, IN Vigo, IN 8360 Texarkana, AR-Texarkana, TX ...... 0.8290 0.8049 0.8363 Miller, AR Bowie, TX 8400 Toledo, OH ...... 0.9963 0.9904 0.9832 Fulton, OH Lucas, OH Wood, OH 8440 Topeka, KS ...... 0.7969 0.8241 0.9117 Shawnee, KS 8480 Trenton, NJ ...... 1.1897 1.1835 1.0137 Mercer, NJ 8520 Tucson, AZ ...... 0.9488 0.9534 0.8794 Pima, AZ 8560 Tulsa, OK ...... 0.8445 0.8104 0.8454 Creek, OK Osage, OK Rogers, OK Tulsa, OK Wagoner, OK 8600 Tuscaloosa, AL ...... 0.8490 0.8208 0.8064 Tuscaloosa, AL 8640 Tyler, TX ...... 0.8607 0.8562 0.9404 Smith, TX 8680 Utica-Rome, NY ...... 0.9634 0.9279 0.8560 Herkimer, NY Oneida, NY 8720 Vallejo-Fairfield-Napa, CA ...... 1.1949 1.1287 1.2847 Napa, CA Solano, CA 8735 Ventura, CA ...... 1.0838 1.0338 1.1030 Ventura, CA 8750 Victoria, TX ...... 0.7002 0.7270 0.8154
VerDate 11
TABLE 7.—WAGE INDEX FOR URBAN AREAS—Continued
Wage Index Urban Area (Constituent Counties or County Equivalents) SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
Victoria, TX 8760 Vineland-Millville-Bridgeton, NJ ...... 1.1806 1.1019 1.0501 Cumberland, NJ 8780 Visalia-Tulare-Porterville, CA ...... 0.9010 0.9027 0.9551 Tulare, CA 8800 Waco, TX ...... 0.8453 0.8291 0.8314 McLennan, TX 8840 Washington, DC–MD–VA–WV ...... 1.0430 1.0368 1.0755 District of Columbia, DC Calvert, MD Charles, MD Frederick, MD Montgomery, MD Prince Georges, MD Alexandria City, VA Arlington, VA Clarke, VA Culpepper, VA Fairfax, VA Fairfax City, VA Falls Church City, VA Fauquier, VA Fredericksburg City, VA King George, VA Loudoun, VA Manassas City, VA Manassas Park City, VA Prince William, VA Spotsylvania, VA Stafford, VA Warren, VA Berkeley, WV Jefferson, WV 8920 Waterloo-Cedar Falls, IA ...... 0.8201 0.8820 0.8404 Black Hawk, IA 8940 Wausau, WI ...... 1.1470 1.2648 0.9418 Marathon, WI 8960 West Palm Beach-Boca Raton, FL ...... 1.0131 0.9912 0.9682 Palm Beach, FL 9000 Wheeling, OH–WV ...... 0.9131 0.9078 0.7733 Belmont, OH Marshall, WV Ohio, WV 9040 Wichita, KS ...... 0.9211 0.9050 0.9544 Butler, KS Harvey, KS Sedgwick, KS 9080 Wichita Falls, TX ...... 0.7375 0.7385 0.7668 Archer, TX Wichita, TX 9140 Williamsport, PA ...... 0.9543 1.0264 0.8392 Lycoming, PA 9160 Wilmington-Newark, DE–MD ...... 1.0931 1.0284 1.1191 New Castle, DE Cecil, MD 9200 Wilmington, NC ...... 0.9507 0.8675 0.9402 New Hanover, NC Brunswick, NC 9260 Yakima, WA ...... 0.9038 0.8770 0.9907 Yakima, WA 9270 Yolo, CA ...... 1.0452 1.0260 1.0199 Yolo, CA 9280 York, PA ...... 1.0718 1.0923 0.9264 York, PA 9320 Youngstown-Warren, OH ...... 0.8731 0.8594 0.9543 Columbiana, OH Mahoning, OH Trumbull, OH 9340 Yuba City, CA ...... 1.0615 1.0246 1.0706 Sutter, CA Yuba, CA 9360 Yuma, AZ ...... 0.9209 0.9020 0.9529 Yuma, AZ
VerDate 11
TABLE 8.—WAGE INDEX FOR RURAL AREAS
Wage index Rural area SNF98 SNF99 HOSP
Col. A Col. B Col. C Col. D
Alabama ...... 0.7724 0.8020 0.7489 Alaska ...... 1.4132 1.3582 1.2392 Arizona ...... 1.0111 0.9175 0.8317 Arkansas ...... 0.6972 0.7278 0.7445 California ...... 0.9685 0.9712 0.9861 Colorado ...... 0.8710 0.9147 0.8968 Connecticut ...... 1.2870 1.0540 1.1715 Delaware ...... 1.0854 0.9338 0.9074 Florida ...... 0.8331 0.8921 0.8919 Georgia ...... 0.7850 0.7985 0.8329 Guam ...... 0.0000 0.0000 0.9611 Hawaii ...... 1.1915 1.2995 1.1059 Idaho ...... 0.8892 0.8320 0.8678 Illinois ...... 0.8296 0.8274 0.8160 Indiana ...... 0.8875 0.9008 0.8602 Iowa ...... 0.7706 0.7834 0.8030 Kansas ...... 0.7562 0.7941 0.7605 Kentucky ...... 0.8237 0.7905 0.7931 Louisiana ...... 0.6699 0.7014 0.7681 Maine ...... 0.8766 0.8908 0.8766 Maryland ...... 0.9015 0.8780 0.8651 Massachusetts ...... 1.1740 1.2039 1.1204 Michigan ...... 0.9505 0.9655 0.8987 Minnesota ...... 1.1396 1.0221 0.8881 Mississippi ...... 0.7412 0.7885 0.7491 Missouri ...... 0.7904 0.7898 0.7698 Montana ...... 0.8996 0.8606 0.8688 Nebraska ...... 0.7977 0.8182 0.8109 Nevada ...... 0.8621 0.9222 0.9232 New Hampshire ...... 1.1065 1.1171 0.9845 New Jersey 1 ...... New Mexico ...... 0.6834 0.8052 0.8497 New York ...... 1.0081 0.9981 0.8499 North Carolina ...... 0.9255 0.9028 0.8445 North Dakota ...... 0.7649 0.7779 0.7716 Ohio ...... 0.8895 0.8948 0.8670 Oklahoma ...... 0.7481 0.7275 0.7491 Oregon ...... 0.8616 0.8455 1.0132 Pennsylvania ...... 0.9870 0.9443 0.8578 Puerto Rico ...... 0.3897 0.3866 0.4264 Rhode Island 1 ...... South Carolina ...... 0.7941 0.8367 0.8370 South Dakota ...... 0.7946 0.8373 0.7570 Tennessee ...... 0.8656 0.8415 0.7838 Texas ...... 0.7512 0.7528 0.7502 Utah ...... 0.9492 0.8196 0.9037 Vermont ...... 0.9914 1.0299 0.9274 Virginia ...... 0.8157 0.8601 0.8189 Virgin Islands ...... 0.0000 0.0000 0.6306 Washington ...... 0.9539 0.9475 1.0434 West Virginia ...... 0.8260 0.8668 0.8231 Wisconsin ...... 0.9516 0.9893 0.8880 Wyoming ...... 0.9081 0.8314 0.8817 1 All counties within the State are classified urban.
We have drawn the following Tables 7 and 8. While we would expect The following illustrates the impact of conclusions from these tables and our some changes from year to year, and using the various wage indexes analysis of the wage data: between a wage index based on SNF contained in Tables 7 and 8: A comparison of the wage index data and one based on hospital data, we • When comparing the FY 1998 SNF- based on hospital data with one based believe that the large quantity of specific wage index to the hospital wage on SNF-specific wage data has created significant variations raises questions as index, we found the number of areas many significant variances, not only to the reliability of the SNF-specific that: between the SNF wage index and the wage data. Increased more than 20%—15 (the hospital wage index, but also between highest was 44.59%) the two SNF wage indexes illustrated in Increased between 10–20%—53
VerDate 11
Increased between 5–10%—49 differences in the hospital wage index presumption that beneficiaries who are Increased between 0–5%—64 (pre-classified, pre-floor) shows only 7 correctly assigned to one of the upper 26 Decreased between 0–5%—69 areas with increases of 10 percent or RUG–III groups in the initial 5-day, Decreased between 5–10%—56 more and 4 with decreases greater than Medicare-required assessment are Decreased between 10–20%—51 10 percent. A comparison of the FY automatically classified as meeting the Decreased greater than 20%—12 (the 1998 and 1999 SNF-specific wage SNF level of care definition up to that largest was 37.55%) indexes shows 34 areas that experienced point. • When comparing the FY 1999 SNF- an increase of 10 percent or more and Those beneficiaries assigned to any of specific wage index to the hospital wage 27 areas with decreases of 10 percent or the lower 18 groups are not index, we found the number of areas more. automatically classified as either that: We believe that any changes to the meeting or not meeting the definition, Increased more than 20%—12 (the wage index adjustment under the SNF but instead receive an individual level largest was 53.86%) PPS should support greater precision in of care determination using the existing Increased between 10–20%—47 Medicare payments; however, as a result administrative criteria. This Increased between 5–10%—67 of the variations in the SNF-specific presumption recognizes the strong Increased between 0–5%—70 wage data and the large number of SNFs likelihood that beneficiaries assigned to Decreased between 0–5%—56 that are unable to provide adequate one of the upper 26 groups during the Decreased between 5–10%—60 wage and hourly data, we are concerned immediate post-hospital period require Decreased between 10–20%—44 about the reliability of the data used in a covered level of care, which would be Decreased greater than 20%—13 (the establishing a SNF wage index at this significantly less likely for those largest was 33.06%) time. beneficiaries assigned to one of the • When comparing the FY 1998 SNF- We continue to believe that a wage lower 18 groups. specific wage index to the FY 1999 SNF- index based on hospital wage data is the We propose to continue the existing specific wage index, we found the best and most appropriate to use in designation of the upper 26 RUG–III number of areas that: adjusting payments to SNFs, since both groups for purposes of this hospitals and SNFs compete in the same administrative presumption, consisting Increased more than 20%—9 (the largest labor markets. We invite public of the following RUG–III classifications: was 51.86%) comment on the SNF-specific wage all groups within the Ultra High Increased between 10–20%—25 data; however, for the reasons discussed Rehabilitation category; all groups Increased between 5–10%—52 above we currently plan to use the within the Very High Rehabilitation Increased between 0–5%—102 updated hospital wage data when we category; all groups within the High Decreased between 0–5%—110 publish the final rule. In addition, in Rehabilitation category; all groups Decreased between 5–10%—44 accordance with section 315(b) of BIPA within the Medium Rehabilitation Decreased between 10–20%—22 2000, since we currently do not have category; all groups within the Low Decreased greater than 20%—5 (the reliable SNF-specific wage data, we are Rehabilitation category; all groups largest was 33.73%) not proposing at this time to develop or within the Extensive Services category; The FY 1998 and FY 1999 SNF wage incorporate any type of geographic all groups within the Special Care index had 6 areas with no values. reclassification system for SNFs. category; and, all groups within the For FY 1998, from a total of 13,587 Clinically Complex category. freestanding providers, we eliminated D. Updates to the Federal Rates 2,674 providers because they had a zero In accordance with section F. Three-Year Transition Period value for wages or hours. For hospital- 1888(e)(4)(E) of the Act and section 311 As noted previously, the rates that we based SNFs, of the 2,185 providers, we of BIPA 2000, the proposed payment now propose are for the fourth year of eliminated 160 providers for the same rates listed here reflect an update equal the SNF PPS. As a result, the PPS is no reason. For FY 1999, of the 12,491 to the SNF market basket minus 0.5 longer operating under the initial three- freestanding providers, we eliminated percentage point, which equals 2.4 year transition period from facility- 2,461 providers because they had a zero percent. For each succeeding FY, we specific to Federal rates and, therefore, value for wages or hours. For hospital- will publish the rates in the Federal now equals 100 percent of the adjusted based SNFs, of the 2,034 providers, we Register before August 1 of the year Federal per diem rate. eliminated 132 providers for the same preceding the affected Federal FY. reason. In addition, for FY 1998, we G. Example of Computation of Adjusted eliminated 231 providers that had E. Relationship of RUG–III Classification PPS Rates and SNF Payment average hourly wages either below System to Existing Skilled Nursing Using the XYZ SNF described in $5.00, or above the 99th percentile Facility Level-of-Care Criteria Table 9A, the following shows the ($24.15). For FY 1999, we eliminated As discussed in § 413.345, we include adjustments made to the Federal per 206 providers with average hourly in each update of the Federal payment diem rate to compute the provider’s wages either below $5.00, or above the rates in the Federal Register the actual per diem PPS payment. XYZ’s 12- 99th percentile ($24.79). designation of those specific RUGs month cost reporting period begins There are far fewer significant under the classification system that October 1, 2001. Table 9B displays the changes between MSAs in the annual represent the required SNF level of care, 44 RUG–III categories and their hospital wage index. The latest as provided in § 409.30. This respective add-ons, as provided in comparison of the year-to-year designation reflects an administrative BBRA 1999 and BIPA 2000.
VerDate 11
TABLE 9.A.—SNF XYZ FROM ABOVE IS LOCATED IN STATE COLLEGE, PA WITH A WAGE INDEX OF 0.9038
Labor Wage Adjusted Nonlabor Adjusted Percent Medicare RUG group portion index labor portion rate adjustment days Payment
RVC ...... $257.54 0.9038 $232.76 $84.14 $316.90 $350.81 50 $17,541 SSC ...... 171.76 0.9038 155.24 56.12 211.36 3 262.09 25 6,552 IA2 ...... 113.56 0.9038 102.64 37.10 139.74 4 145.33 25 3,633
Total ...... 100 27,726 1 From Table 5. 2 Reflects a 10.7 percent adjustment (the 4 percent adjustment from section 101(d) of BBRA 1999 and the 6.7 percent adjustment from section 314 of BIPA 2000). 3 Reflects a 24 percent adjustment (the 4 percent and 20 percent adjustments from sections 101(a) and (d) of BBRA 1999). 4 Reflects the 4 percent adjustment from section 101(d) of BBRA 1999.
TABLE 9.B.—BBRA 1999 & BIPA from cost reporting periods beginning in estimated for mutually exclusive and 2000 ADD-ONS, BY RUG–III CAT- FY 1996, the same wage data as used to exhaustive spending categories. Total EGORY compute the FY 2001 wage index values costs for routine services, ancillary for the SNF PPS. We will incorporate services, and capital are used. These RUG–III updated wage data in the final rule for proportions are called ‘‘cost’’ or 4% 1 10.7% 2 24% 3 category the FY 2002 SNF PPS update. XYZ’s ‘‘expenditure weights’’. The second step total PPS payment will equal $27,726. is to match each expenditure category to RUC ...... X a price/wage variable, called a price RUB ...... X III. The Skilled Nursing Facility Market RUA ...... X Basket Index proxy. These price proxy variables are RVC ...... X drawn from publicly available statistical RVB ...... X A. Background series published on a consistent RVA ...... X Section 1888(e)(5)(A) of the Act schedule, preferably at least quarterly. RHC ...... X requires the Secretary to establish a In the final step, the price level for each RHB ...... X market basket index that reflects spending category is multiplied by the RHA ...... X changes over time in the prices of an expenditure weight for that category. RMC ...... X The sum of these products (that is, RMB ...... X appropriate mix of goods and services RMA ...... X included in the SNF PPS. Effective for weights multiplied by proxy index RLB ...... X cost reporting periods beginning on or levels) for all cost categories yields the RLA ...... X after July 1, 1998, we revised and composite index level in the market SE3 ...... X rebased our 1977 routine costs input basket for a given quarter or year. SE2 ...... X price index and adopted a total Repeating the third step for other SE1 ...... X expenses SNF input price index using quarters and years produces a time SSC ...... X series of market basket index levels, SSB ...... X data from 1992 as the base year. SSA ...... X The term ‘‘market basket’’ technically from which rates of growth can be CC2 ...... X describes the mix of goods and services calculated. CC1 ...... X needed to produce SNF care, and is also The market basket is described as a CB2 ...... X commonly used to denote the input fixed-weight index because it answers CB1 ...... X price index that includes both weights the question of how much more or less CA2 ...... X (mix of goods and services) and price it would cost, at a later time, to CA1 ...... X factors. The term ‘‘market basket’’ used purchase the same mix of goods and IB2 ...... X in this proposed rule refers to the SNF services that was purchased in the base IB1 ...... X IA2 ...... X input price index. period. The effects on total expenditures IA1 ...... X The 1992-based SNF market basket resulting from changes in the quantity BB2 ...... X represents routine costs, costs of or mix of goods and services purchased BB1 ...... X ancillary services and capital-related subsequent or prior to the base period BA2 ...... X costs. The percentage change in the are, by design, not considered. BA1 ...... X market basket reflects the average As discussed in the May 12, 1998 PE2 ...... X change in the price of a fixed set of Federal Register (63 FR 26252), to PE1 ...... X goods and services purchased by SNFs implement section 1888(e)(5)(A) of the PD2 ...... X to furnish all services. For further Act, we have revised and rebased the PD1 ...... X PC2 ...... X background information, see the May market basket so the cost weights and PC1 ...... X 12, 1998 Federal Register (63 FR price proxies reflected the mix of goods PB2 ...... X 26289). and services that SNFs purchase for all PB1 ...... X For purposes of SNF PPS, the SNF costs (routine, ancillary, and capital- PA2 ...... X market basket is a fixed-weight related) encompassed by SNF PPS in PA1 ...... X (Laspeyres type) price index. (A fiscal year 1992. Laspeyres type index compares the cost 1 From BBRA 1999. B. Rebasing and Revising the Skilled 2 Includes the 4% increase from BBRA 1999 of purchasing a specified group of and the 6.7% increase from BIPA 2000. commodities at current prices to the Nursing Facility Market Basket 3 Includes the 4% and 20% increases from cost of purchasing that same group in a The terms ‘‘rebasing’’ and ‘‘revising’’, BBRA 1999. selected base period.) The SNF market while often used interchangeably, For rates addressed in this proposed basket is constructed in three steps. actually denote different activities. rule, we are using wage index values First, a base period is selected and total Rebasing means shifting the base year that are based on hospital wage data base period expenditure shares are for the structure of costs of the input
VerDate 11
price index (for example, for this Census’ Business Expenditures Survey, the SNF itself. By contrast, expense data proposed rule, we would shift the base and the Bureau of Economic Analysis’ for a hospital-based SNF is influenced year cost structure from fiscal year 1992 Annual Input-Output tables. by the allocation of overhead over the to fiscal year 1997). Revising means Preliminary analysis of 1998 data from entire institution. changing data sources, cost categories, Medicare Cost Reports showed little Data on SNF expenditures for six and/or price proxies used in the input change in cost shares from those in the major expense categories (wages and price index. 1997 Medicare Cost Reports. We are proposing to rebase and revise In developing the proposed market salaries, employee benefits, contract the SNF market basket to reflect 1997 basket, we reviewed SNF expenditure labor, pharmaceuticals, capital-related, total cost data (routine, ancillary, and data from Medicare Cost Reports for FY and a residual ‘‘all other’’) were edited capital-related). Fiscal year 1997 was 1997 for each freestanding SNF that had and tabulated. Using these data, we then selected as the new base year because Medicare expenses. FY 1997 Cost determined the proportion of total costs 1997 is the most recent year for which Reports are those with cost reporting that each category represented. The six relatively complete data are available. periods beginning after September 30, major categories for the revised and These data include settled 1997 1996 and before October 1, 1997. We rebased cost categories and weights Medicare Cost Reports as well as 1997 maintained our policy of using data derived from SNF Medicare Cost data from two U.S. Department of from freestanding SNFs because they Reports are summarized in Table 10.A. Commerce surveys: the Bureau of the reflect the actual cost structure faced by
TABLE 10.A.—1992 AND PROPOSED 1997 SKILLED NURSING FACILITY MAJOR COST CATEGORIES AND WEIGHTS FROM MEDICARE COST REPORTS
Proposed 1992-based 1997-based Cost categories skilled nursing skilled nursing facility weights facility weights (percent) (percent)
Wages and Salaries ...... 47.805 46.889 Employee Benefits ...... 10.023 9.631 Contract Labor ...... 12.852 6.478 Pharmaceuticals ...... 2.531 3.006 Capital-related Costs ...... 9.778 9.877 All Other Costs ...... 17.012 24.119
Total Costs ...... 100.000 100.000
We fully discuss the methodology for database is benchmarked at 5-year As in the 1992-based SNF market developing these weights in the intervals and updated annually between basket, the proposed 1997-based SNF Appendix. The main methodological benchmarks. We are using the annual market basket does not include a difference between the 1992-based SNF update for 1997. The BES is updated separate cost category for professional market basket and the proposed 1997- every five years. liability insurance. Our analysis of the based market basket is in the calculation The capital-related portion of the BEA 1997 Annual Input-Output survey of the contract labor weight. For the proposed rebased and revised SNF PPS indicated that the general category for 1992-based market basket, we estimated market basket employs the same overall insurance carriers (which includes this share using non-salary costs for methodology used to develop the professional liability insurance as a therapy cost centers. For the proposed capital-related portion of the 1992-based subset) was, at just 0.2 percent, a small 1997-based index, we used the contract SNF market basket, described in the share of the total costs in 1997. It has labor amounts for a subset of edited May 12, 1998 Federal Register (63 FR been our policy in the past not to reports from Worksheet S–3 in the 26289). It is also the same methodology provide detailed breakouts of cost Medicare Cost Reports. We believe this used for the inpatient hospital PPS categories unless they represent a new methodology provides a more capital input price index described in significant portion of the providers’ accurate reflection of the share of total the Federal Register May 31, 1996 (61 costs. We also reviewed data available costs that are attributable to contract FR 27466) and August 30, 1996 (61 FR on professional liability insurance from labor. The data from this worksheet 46196). The strength of this Worksheet S–2 of the SNF Medicare were not available in the 1992 Medicare methodology is that it reflects the Cost Reports, but found that nearly all Cost Reports. vintage nature of capital, which SNFs did not report data for malpractice Relative weights within the six major represents the acquisition and use of premiums, paid losses, or self-insurance categories were derived using relative capital over time. in 1997. cost shares from the Bureau of the Our work resulted in 21 separate Professional liability insurance is Census’ 1997 Business Expenditures categories for the proposed rebased and included with other insurance paid to Survey (BES), 1997 Medicare Cost revised SNF market basket. The 1992- carriers in the all other labor-intensive Reports, and the Bureau of Economic based total cost SNF market basket also services cost category. We are soliciting Analysis’ (BEA) 1997 Annual Input- had 21 separate cost categories. Detailed comments on possible data sources for Output tables. They were used to descriptions of each cost category and professional liability insurance costs for disaggregate and allocate costs within respective price proxy in the proposed SNFs. Recent indications are that the six major categories determined 1997-based SNF market basket are professional liability insurance costs for from the 1997 SNF Medicare Cost provided in the Appendix to this SNFs are rising quickly. We are looking Reports. The BEA Input-Output proposed rule. both for information that would be
VerDate 11
available for a cost weight as well as for employment wage rates and employer used when the purchases were similar a time-series of professional liability costs for employee benefits per hour to those of retail consumers rather than premiums for a constant level of worked. These indexes are fixed-weight purchases at the wholesale level, or if coverage, similar to the data we indexes and strictly measure the change no appropriate PPI was available. currently collect for hospitals and in wage rates and employee benefits per The contract labor weight of 6.478 physicians from a small sample of hour. They are not affected by shifts in was reallocated to (1) wages and insurance carriers. occupation or industry mix. ECIs are salaries, and (2) employee benefits, so After the 21 cost weights for the superior to Average Hourly Earnings that the same price proxies that we proposed revised and rebased SNF (AHEs) as price proxies for input price market basket were developed, we indexes for two reasons: (1) They propose to use for direct labor costs are selected the most appropriate wage and measure pure price change, and (2) they applied to contract costs. While we price proxies currently available to are available by both occupational group understand that the level of unit labor monitor the rate of change for each and by industry. costs for contract labor can differ from expenditure category. With three • Producer Price Indexes. Producer the unit labor costs of a SNF employee, exceptions (all for the capital-related Price Indexes (PPIs) measure price we feel that the rate at which these labor expenses cost category), the wage and changes for goods sold in other than costs change should be similar. That is, price proxies are based on Bureau of retail markets. PPIs were used when the unit contract labor costs should not Labor Statistics (BLS) data and are purchases of goods or services were grow any more or less rapidly than SNF grouped into one of the following BLS made at the wholesale level. employee labor costs. The rebased and categories: • Consumer Price Indexes. Consumer revised cost categories, weights, and • Employment Cost Indexes. Price Indexes (CPIs) measure change in price proxies for the proposed 1997- Employment Cost Indexes (ECIs) the prices of final goods and services based SNF market basket are listed in measure the rate of change in bought by consumers. CPIs were only Table 10.B.
TABLE 10.B.—PROPOSED 1997-BASED SNF MARKET BASKET COST CATEGORIES, WEIGHTS, AND PRICE PROXIES
1997-based skilled nursing Cost category facility market Price proxy basket weight
Operating Expenses ...... 90.123 Compensation ...... 62.998 Wages and Salaries ...... 52.263 ECI for Wages and Salaries for Private Nursing Homes. Employee benefits ...... 10.734 ECI for Benefits for Private Nursing Homes. Nonmedical professional fees ...... 2.634 ECI for Compensation for Private Professional, Technical and Specialty workers. Utilities ...... 2.368 Electricity ...... 1.420 PPI for Commercial Electric Power. Fuels, nonhighway ...... 0.426 PPI for Commercial Natural Gas. Water and sewerage ...... 0.522 CPI–U for Water and Sewarge. Other Expenses ...... 22.123 Other Products ...... 13.522 Pharmaceuticals ...... 3.006 PPI for Prescription Drugs. Food ...... 4.136 Food, wholesale purchase ...... 3.198 PPI for Processed Foods. Food, retail purchase ...... 0.937 CPI–U for Food Away From Home. Chemicals ...... 0.891 PPI for Industrial Chemicals. Rubber and plastics ...... 1.611 PPI for Rubber and Plastic Products. Paper products ...... 1.289 PPI for Converted Paper and Paperboard. Miscellaneous products ...... 2.589 PPI for Finished Goods less Food and Energy. Other Services ...... 8.602 Telephone Services ...... 0.448 CPI–U for Telephone Services. Labor-intensive Services ...... 4.094 ECI for Compensation for Private Service Occupations. Non labor-intensive services ...... 4.059 CPI–U for All Items. Capital-related Expenses ...... 9.877 Total Depreciation ...... 5.266 Building & Fixed Equipment ...... 3.609 Boeckh Institutional Construction Index (vintage-weighted over 23 years). Movable Equipment ...... 1.657 PPI for Machinery & Equipment (vintage-weighted over 10 years). Total Interest ...... 3.852 Government & Nonprofit SNFs ...... 1.890 Average Yield Municipal Bonds (Bond Buyer Index-20 bonds) (vintage-weighted over 22 years). For-Profit SNFs ...... 1.962 Average Yield Moody’s AAA Bonds (vintage-weighted over 22 years). Other Capital-related Expenses ...... 0.760 CPI–U for Residential Rent.
0Total ...... * 100.000 * Total may not equal 100 due to rounding
VerDate 11
In the proposed 1997-based SNF capital-related expenses related to local minus 69.727), and reflects market basket, the labor-related share area wage costs cannot be directly approximately 39 percent of capital- for FY 1997 is 73.588 percent, while the determined from the SNF capital-related related costs. non-labor-related share is 26.412 portion of the market basket. We used Capital-related expenses are percent. The labor-related share reflects regression analysis with total costs per determined in some proportion by local the proportion of the average SNF’s day in SNFs as the dependent variable area labor costs (such as construction costs that vary with local area wages. and relevant explanatory variables for worker wages and building materials This share includes wages and salaries, size, complexity, efficiency, age of costs) that are reflected in the price of employee benefits, professional fees, capital, and local wage variation. To the capital asset. However, many other labor-intensive services, and a 39.1 account for these factors, we used inputs that determine capital costs are percent share of capital-related number of beds, case-mix indexes, not related to local area wage costs, such expenses, as shown in Table 10.C. By occupancy rate, ownership, age of as equipment prices and interest rates. comparison, the labor-related share of assets, length of stay, FTEs per bed, and Thus, it is appropriate that capital- the 1992-based SNF market basket was wage index values based on the hospital 75.888 percent. The labor-related share wage index (wages and employee related expenses would vary less with of the market basket is the sum of the benefits) as independent variables. Our local wages than would operating weights for those cost categories that are regression analysis indicated that the expenses for SNFs. Therefore, we are influenced by the local labor market. coefficient on the area wage index was proposing to use this analysis in The labor-related share is calculated 73.588, which represents the proportion determining the labor-related share for from the base year, which for the of total costs that vary with local labor SNF PPS. proposed SNF market basket is FY 1997. markets, holding constant other factors. All price proxies for the proposed The labor-related share for capital- From the operating portion of the revised and rebased SNF market basket related expenses was estimated using a market basket, we can specifically are listed in Table 10.B and summarized statistical analysis of individual SNF identify cost categories that reflect local in the Appendix to this proposed rule. Medicare Cost Reports for 1997, similar labor markets and include them in the A comparison of the yearly historical to the analysis done on the 1992 SNF labor-related share. These cost percent changes from FY 1995 through Medicare Cost Reports and explained in categories equal 69.727, and reflect FY 2000 for the current 1992-based the May 12, 1998 Federal Register (63 approximately 77 percent of operating market basket and the proposed 1997- FR 26289). The statistical analysis was costs. Thus, the labor-related share for based market basket is shown in Table necessary because the proportion of capital-related costs is 3.861 (73.588 10.D.
TABLE 10.C.—1992 AND PROPOSED 1997-BASED LABOR-RELATED SHARE
Proposed 1992-based 1997-based Cost category skilled nursing skilled nursing facility market facility market basket weight basket weight
Wages and Salaries ...... 54.262 52.263 Employee Benefits ...... 12.797 10.734 Nonmedical Professional Fees ...... 1.916 2.634 Labor-intensive Services ...... 3.686 4.094 Capital-related ...... 3.227 3.861 Total ...... 75.888 73.588
TABLE 10.D.—COMPARISON OF THE 1992-BASED SKILLED NURSING FACILITY MARKET BASKET AND THE PROPOSED 1997-BASED SKILLED NURSING FACILITY MARKET BASKET, PERCENT CHANGES, 1995–2000
Proposed 1992-based 1997-based Fiscal years beginning October 1 skilled nursing skilled nursing facitlity market facility market basket basket
Historical: October 1994, FY 1995 ...... 2.9 3.0 October 1995, FY 1996 ...... 2.7 2.7 October 1996, FY 1997 ...... 2.4 2.4 October 1997, FY 1998 ...... 2.8 2.8 October 1998, FY 1999 ...... 3.1 3.0 October 1999, FY 2000 ...... 4.1 4.0 Historical average 1995–2000: ...... 3.0 3.0 Released by HCFA, OACT, National Health Statistics Group.
The historical average rate of growth The proposed 1997-based SNF market basket because the cost weights reflect for 1995 through 2000 for the proposed basket provides a more current measure the structure of costs for the most recent SNF 1997-based market basket is similar of the annual price increases for total year for which there are relatively to that of the 1992-based market basket. care than the 1992-based SNF market complete data. The forecasted rates of
VerDate 11
growth for FY 2002 for the proposed 1997-based and current 1992-based SNF market basket are shown in Table 10.E.
TABLE 10.E.—COMPARISON OF FORECASTED CHANGE FOR THE 1992-BASED SKILLED NURSING FACILITY MARKET BASKET, AND THE PROPOSED 1997-BASED SKILLED NURSING FACILITY MARKET BASKET PERCENT CHANGE FOR FY 2002
1992-based 1997-based skilled nursing skilled nursing Fiscal Year beginning October 1 facility market facility market basket basket
October 2001, FY 2002 ...... 3.0 2.9 Source: Standard & Poor’s DRI HCC, 1st QTR, 2001; @ USMARCRO/MODTREND@CISSIM/TRENDLONG0201. Released by HCFA, OACT, National Health Statistics Group.
IV. Update Framework framework for the SNF PPS. We are also necessary to understand the factors that examining some additional conceptual determine SNF payments per day. A. The Need for an Update Framework and data issues that must be considered Payments per day under SNF PPS are Medicare payments to SNFs are based when the framework is constructed and based on the cost and an implicit on a predetermined national payment applied. normal profit margin to the SNF in amount per day. Annual updates to We are not proposing to apply an providing an efficient level of care. We these payments are required by section update framework in a recommendation have developed a methodology to 1888(e) of the Act. These updates are to the Congress at this time. We are identify a mutually exclusive and usually based on the increase in the actively pursing development efforts exhaustive set of factors included in SNF market basket. For FY 2002, the aimed at producing an analytical SNF payments per day. The discussion update is set at market basket minus 0.5 framework which, by informing policy here details a set of equations to identify percent. Our goal is to develop a method makers concerning the magnitude of these factors. for analyzing and comparing expected annual updates, would support the In its simplest form, the average trends in the underlying cost per day to continued appropriateness and payment per day to a SNF can be use in establishing these updates. relevance of the payment rates for separated into a cost term and a profit The SNF market basket, or input price services provided to beneficiaries in term as shown in equation (1): index, developed by HCFA’s Office of SNFs. To this end, we are requesting Payments Costs Profits the Actuary (OACT) is just one comments concerning the conceptual ()1 =+ component in the SNF cost per day approach we have outlined in this Days Days Days amount. It captures only the pure price proposed rule, including the utility and This equation can be made change of inputs (labor, materials, and feasibility of this approach for SNFs. We multiplicative by converting profit per capital) used by the SNF to produce a are specifically interested in comments day into a profit rate as shown in constant quantity and quality of care. concerning whether certain factors equation (2): Other factors also contribute to the should be accounted for in the change in costs per day, which include framework, and suggestions concerning Payments Costs Payments changes in case-mix, intensity, and potential data sources and analysis to ()2 =∗ productivity. support the model. As with the existing Days Days Costs Under the inpatient hospital PPS, methodology, the features of a SNF- An output price term can be HCFA and MedPAC use an update specific update framework would need introduced into the equation by framework to account for these other to be based on a sound policy and multiplying and dividing through by factors and to make annual methodology. input prices and productivity. As shown recommendations to the Congress B. Factors Inherent in SNF Payments in equation (3), the term inside the concerning the magnitude of the update. per Day brackets represents the output price, We are currently examining these since an output price reflects the input factors and exploring ways that they In order to understand the factors that price and profit margin adjusted for could be incorporated into an update determine SNF costs per day, it is first productivity:
Payments Costs Payments Input Prices Productivity ()3 =∗ ∗ ∗ Days Days Costs Productivity Input Prices
The cost per day term can be further separated by accounting for real case-mix. Under SNF PPS, Resource Utilization Groups (RUGs) are used to classify patients. Based on accurate RUG classification data, average real case-mix per day can be incorporated, as shown in equation (4):
Payments Costs/Days Real Case Mix Payments Input Prices Productivity ()4 =∗∗∗ ∗ Days Real Case Mix/Days Days Costs Productivity Input Prices
VerDate 11
The term ‘‘real’’ is imperative here because only true case-mix should be measured, not case-mix caused by improper coding behavior. By rearranging the terms in equation (4), a set of mutually exclusive and exhaustive factors such as those shown in equation (5) can be identified:
Costs Payments Days Real Case Mix 1 Payments ()5 = ∗ Productivity ∗∗∗∗Input Prices Real Case Mix Days Input Prices ∗ Days Productivity Costs Days The term of the equation in brackets can be analyzed in two steps. First, excluding the productivity term from the equation results in case-mix adjusted real cost per day, which is input intensity per day. Second, multiplying input intensity by productivity results in case-mix adjusted real payment per day, or output intensity per day. The rationale behind this step is explained in detail in the next section. The result of this exercise is that SNF payment per day can be determined from the following factors:
Case-Mix-Constant Real Case Mix Real Output Intensity ∗ ∗ ()Input Prices∗ () Profit Margins Per Day Per Day ()6 Payment Per Day = Productivity
Thus, it holds that the change in SNF prices that buyers encounter in produce more output with the same payment per day is a function of the purchasing SNF services. We currently amount of inputs, the full increase in change in these factors. In order to can measure input prices using the SNF input costs does not have to be passed determine an annual update that most market basket. on by the provider to maintain a normal accurately reflects the underlying cost to 2. Productivity profit margin. the SNF of efficiently providing care, the four factors related to cost must be Productivity measures the efficiency 3. Real Case-Mix per Day accounted for when an update of the SNF in producing outputs. It is the amount of real outputs, or real Real case-mix per day is the average framework is developed. A brief overall mix of care provided by the SNF, discussion of each factor, including payments, that can be produced from a given amount of real inputs, or real as measured using the RUG specific conceptual and data issues, is classification system. Over time, a provided in the next section. costs. For SNFs, these inputs are in the form of both labor and capital; thus, measure of real case-mix will change as C. Defining Each Factor Inherent in SNF they represent multi-factor productivity, care is given in more or less complex Costs per Day as not just labor productivity is RUGs. Changes in the level of care within a RUG classification group Each cost factor from equation (6) reflected. The following set of equations would not be reflected in a case-mix above is discussed here in detail. shows how multi-factor productivity measure based on RUGs, but instead Because this is a basic conceptual can be measured in terms of available should be captured in the intensity discussion, it is likely that more data, such as payments, costs, and input factor of equation (6). detailed issues may be relevant that are prices: The important distinction here is the not explored here. Real Payments Productivity = difference between real and nominal 1. Input Prices Real Costs case-mix. SNFs submit claims using the Input prices are the pure prices of ()Payments/Output Price RUG classification system. The case-mix inputs used by the SNF in providing = reflected by the claims is considered services. When we refer to inputs we are ()Costs/Input Price ‘‘nominal’’. However, the reported referring to costs, which have both a Payments Input Price classification can reflect the true level of price and a quantity component. The =∗ care provided or improper coding price is an input price, and the quantity Costs Output Price behavior. An example of improper component reflects real inputs, or real Rearranging the terms, this multi- coding behavior would be the upcoding, costs. Similarly, when we refer to factor productivity equation was used as or case-mix ‘‘creep,’’ that took place outputs, we are referring to payments, the basis for incorporating an output when the hospital PPS was which also have both a price and a price term in equation (3) above. This implemented. Any change in case-mix quantity component. The price equation is the basis for understanding that is not associated with the actual component is the transaction output the relationship between input prices, level of care or a true change in the level price, and the quantity component is the output prices, profit margins, and of care provided must be excluded in real output, or real payment. The real productivity. order to determine real case-mix. inputs include labor, capital, and Equation (6) shows that productivity Section 1888(e)(4)(F) of the Act provides materials, such as drugs. By definition, is divided through the equation, us with the statutory authority to make an input price reflects prices that SNFs offsetting other factors. The theory adjustments to the unadjusted Federal encounter in purchasing these inputs, behind this offset is that if an efficient per diem rates for changes caused by whereas an output price reflects the SNF in a competitive market can case-mix creep.
VerDate 11
4. Case-Mix-Constant Real Output with the amount of treatments a more accurately analyzed using a SNF’s Intensity per Day therapist provides. The underlying costs rather than its payments. This Intensity is the true underlying nature nature of SNF services is determined by analysis would also provide an of the product or service and can take such factors as technological alternative to developing or using a the form of output and/or input capabilities, increased utilization of transaction output price index, which intensity. In the case of SNFs, output inputs (such as labor or drugs), site of has been difficult for the Bureau of intensity per day is associated with real care, and practice patterns. Because Labor Statistics (BLS) to measure for payment per day, while input intensity these factors can be difficult to measure, SNFs. The following series of equations per day is associated with real cost per intensity per day is usually calculated shows how to use the definition of an day. For example, input intensity would as a residual after the other factors from output price as defined earlier to be associated with a therapist’s hours equation (6) have been accounted for. convert the equation for output intensity when providing treatment, whereas Accounting for output intensity per day to reflect costs instead of output intensity would be associated associated with an efficient SNF can be payments, as used in equation (6):
[]Payments/Days Case-Mix-Constant Real Output Intensity Per Day = Output Prices∗ Real Case Mix/Days [] = Payments/Days Payments Input Prices ∗ ∗ Real Case Mix/Days Costs Productivity ∗ = Payments/Days Costs Input Prices Payments ∗∗Real Case Mix/Days Productivity ∗[] = Payments Costs/Days Input Prices Payments ∗∗Real Case Mix/Days Productivity [] = Costs/Days Input Prices ∗ Real Case Mix/Days Productivity [[]Costs/Days = ∗ Productivity Input Prices∗ Real Case Mix/Days
The last equation is identical to the legislated updates. The development of the use of inputs, and changes in term in brackets in equation (5), case- an update framework with a sound technology available. mix-constant real input intensity per conceptual basis will provide this • As discussed earlier, changes in day multiplied by productivity. Thus, capability. nominal case-mix are automatically output intensity per day can be defined Earlier, factors inherent in SNF costs included in the payment to the SNF. in such a way that cost data from the per day were identified. Changes in However, the law gives us the authority SNF are utilized. This equation can be these factors determine the change in to make adjustments for case-mix broken down even further to account for SNF costs per day. Fitting these factors change due to improper coding different types of input intensity per behavior. Therefore, the update into a framework would allow us to day. We discuss this matter more fully framework should include an recommend updates each year that in the next section. adjustment to convert changes in appropriately reflect changes in nominal case-mix per day to changes in D. Applying the Factors That Affect SNF underlying costs for efficient SNFs. real case-mix per day. Costs per Day in an Update Framework Accounting for each of these factors • Change in multi-factor productivity As discussed earlier, payments per from equation (6) under SNF PPS is would be accounted for in the update day under SNF PPS must be updated discussed below: framework. The availability of historical each year. Currently, the updates are • Change in case-mix constant real data on input prices, payments, and specified by legislation as the percent output intensity per day would be costs are useful in the analysis of this change in the SNF market basket for FY accounted for in the update framework, factor. MedPAC sets this factor as a 2001, the percent change in the SNF reflecting the factors that affect not only target under hospital PPS. market basket minus 0.5 percentage case-mix constant real input intensity • Changes in input prices for labor, points for FY 2002 and FY 2003, and the per day, but also productivity, which is material, and capital would be percent change in the SNF market determined separately. Factors that can accounted for in the update framework. basket thereafter. However, it is cause changes in case-mix constant real Our Office of the Actuary currently has important to understand the underlying input intensity per day include, but are an input price index, or market basket, trends in SNF costs per day for an not limited to, changes in site of service, for SNF services. This is the market efficient provider, especially should the changes in within-RUG case-mix, basket referred to in the legislated change in these costs deviate from the changes in practice patterns, changes in updates. In an update framework, a
VerDate 11
forecast error adjustment has typically framework are computed using the hospital update are only intended to been included, to reflect that the Medicare Cost Report data, while others serve as examples of prior updates updates are set prospectively and some are determined based on policy recommended for the hospital PPS. degree of forecast error is inevitable. In considerations. The details of MedPAC supports the use of this type the case of the inpatient hospital PPS, calculating each factor for the inpatient of framework for updating payments this adjustment is made on a two-year hospital PPS framework can be found in and applies a similar framework when lag and only if the error exceeds a the August 1, 2000 Federal Register (65 it proposes updates to hospital defined threshold (0.25 percentage FR 47054) final rule that set forth points). payments in its annual recommendation updates to the payment rates used under to Congress. The appropriateness of this E. Current HCFA Inpatient Hospital PPS the inpatient PPS. This design for a SNF framework for updating inpatient and Illustrative SNF PPS Payment update framework is for illustrative hospital payments was discussed in the Update Frameworks purposes only, as much more work Health Care Financing Review, Winter Table 11 shows the payment update needs to be done to determine the 1992, in an article entitled, ‘‘Are PPS framework for the current inpatient appropriate level of detail for each Payments Adequate? Issues for hospital PPS and an illustrative update factor and the manner in which the Updating and Assessing Rates.’’ A framework for the SNF PPS. Some of the factors would be developed through similar framework would be useful for factors in the inpatient hospital PPS policy. The numbers provided for the analyzing updates to SNF payments.
TABLE 11.—CURRENT HCFA HOSPITAL PPS AND ILLUSTRATIVE SNF PPS PAYMENT UPDATE FRAMEWORKS
FY 2001 cal- culated hospital HCFA hospital PPS update update Illustrative SNF PPS update percent change
Percent Change in: HCFA PPS Hospital Market Basket ...... 3.4 ...... HCFA SNF Market Basket. Forecast Error ...... 0.0 ...... Forecast Error. Productivity ...... ¥0.5 to ¥0.4 ... Productivity. Output Intensity ...... 0.0 to ¥0.6 ...... Output Intensity: Science and Technology ...... Science and Technology Practice Patterns. Real within-DRG Change ...... Real within-RUG Change. Site of Service ...... Utilization of Inputs. Site of Service. Case-mix Adjustment Factors: ...... Case-mix Adjustment Factors: Projected Case-mix ...... ¥0.5 ...... Nominal across-RUG Case-mix. Real across-DRG Change ...... 0.5 ...... Real across-RUG Change. Total Cost per Admission ...... ¥0.5 to ¥1.0 ... Total per Diem Cost. Other Policy Factors: ...... Other Policy Factors: Reclassification and Recalibration ...... 0.0 ...... None. Total Calculated Update 2.4 to 2.9 ...... Total Calculated Update. Table data derived from the August 1, 2000 Federal Register, Medicare Program; Changes to the Hospital Inpatient Prospective Payment System and Fiscal Year 2001 Rates; Final Rule.
F. Additional Conceptual and Data Medicare payment systems should be mechanism to account for these items, Issues reflected in a SNF update framework. but because of uncertainty surrounding Three conceptual issues specific to A reclassification and recalibration their impact on costs, determining an the SNF PPS are the relevance of a site- adjustment under the inpatient hospital appropriate adjustment amount may be of-service substitution adjustment, the PPS is necessary to account for difficult. MedPAC has discussed this necessity of an adjustment for RUG additional changes in the case-mix issue in prior sessions, but was unable reclassification, and the handling of factor resulting from reclassifying and to agree on the exact methodology for one-time factors. recalibrating the DRG classification these types of factors. Under the inpatient hospital PPS, a software. This factor is applied to the The purpose of this conceptual site-of-service substitution factor current fiscal year update, but reflects discussion is not to determine how the (captured as part of intensity) was the effect of revisions in the fiscal year identified factors of the update necessary because of the incentive to two years prior. MedPAC does not framework would be measured. We do shift care from hospital inpatient to account for this adjustment in its update recognize, however, that it would be such other settings as hospital framework. Whether a RUG important to use the Medicare Cost outpatient, SNFs, or home health reclassification adjustment would be Report (MCR) and other relevant data agencies (HHAs). For SNF PPS, it must necessary in the update framework from SNFs to analyze the factors that be determined whether incentives to would depend on the data availability would account for growth in costs per shift care to these other settings will and the likelihood of revisions to RUG day. As was the case for the inpatient continue or whether the SNF PPS will classifications on a periodic basis. hospital PPS, we will be required to reduce these incentives and/or create There is also a question about how to make optimal use of the MCR data as we alternative incentives to shift care out of handle one-time factors, such as the proceed in the development of an SNFs. It is not clear without additional increased costs of converting computer update framework methodology. research in this area whether changes in systems to Year 2000 (Y2K) compliance. The lack of historical case-mix data is behavior created by the different An update framework is the appropriate another important issue. These data are
VerDate 11
currently being collected under contract 1999 (64 FR 41671), implementing the either directly by the facility, or by but will not be available for most Part B aspect of the provision would others under arrangements with the historical years. This factor may prove entail making significant systems facility. Thus, physical, occupational, difficult to account for in a historical modifications, which have been delayed and speech-language therapy are unique analysis. In addition, there is no by systems constraints that arose in among SNF services because the law has information currently available to make connection with achieving Y2K always explicitly provided for Part A the distinction between real and compliance. coverage of them when furnished under nominal case-mix change. There are also In addition, recently enacted an arrangement with an outside supplier concerns about the BLS output price provisions in BIPA 2000 have also in which the SNF performs the measures for SNFs, especially during affected this aspect of consolidated Medicare billing for the services. the first years of publication in 1996 and billing. For services furnished on or Section 313 of BIPA 2000 also 1997. Output prices are relevant for after January 1, 2001, section 313(a) of contains a number of technical and measuring productivity in a historical BIPA 2000 amends section 1862(a)(18) conforming changes to reflect the context. Most of these concerns were of the Act by eliminating consolidated amendment of section 1862(a)(18) of the also encountered and addressed in the billing for most services furnished to Act, as discussed above. Section inpatient hospital PPS update SNF residents during noncovered stays. 313(b)(1) amends section 1842(b)(6)(E) framework. This amendment limits the application of the Act (which provides that only the The discussion here provides the of consolidated billing to those services SNF can receive Part B payments for conceptual basis for developing an that are furnished during the course of services furnished to those of its update framework for SNF PPS that a covered Part A stay, with one residents in noncovered stays), by reflects changes in the underlying costs exception: for SNF residents in limiting payment to SNFs to only those of efficiently providing SNF services. It noncovered stays, the only services for situations in which the SNF elects to is important to note that the framework which the SNF retains the Medicare furnish such Part B services—either does not handle distribution issues such billing responsibility are physical, directly with its own resources, or as geographic wage variations. occupational, and speech-language under an arrangement with an outside Due to some variations in technical therapy. (The related requirements for supplier in which the SNF assumes the methodologies for measuring the factors fee schedule payment and appropriate billing responsibility. We are revising of an update framework, and because of HCFA Common Procedure Coding the regulations at § 410.150 to reflect some of the data concerns mentioned System (HCPCS) coding for Part B SNF this change. This section of the earlier, implementing an update services have not been repealed, and legislation also removes the existing framework for SNF PPS would involve remain the law.) We propose to revise language in section 1842(b)(6)(E) of the making significant policy decisions on the regulations at § 411.15(p) to reflect Act that refers to services furnished to issues similar to those for the inpatient this change. a resident of ‘‘* * * a part of a facility hospital PPS update framework. We We regard the provision of therapy that includes a skilled nursing facility invite comments on the type of data services as an inherent and integral (as determined under regulations)’’. As sources to use, what other factors (if function of this type of facility, and we explained in the May 12, 1998, SNF PPS any) we should consider in an update believe that the statutory requirement interim final rule (63 FR 26297), BBA framework, and any additional for SNFs to retain the Part B billing 1997 originally introduced this language comments concerning the issues responsibility for these particular in order to apply the consolidated discussed in this proposed rule. services reflects a number of policy billing requirement not only to the considerations. First, these are services V. Consolidated Billing portion of a nursing home that is for which the SNF already has the The consolidated billing requirement billing responsibility under the separate actually certified as a Medicare SNF, but established by section 4432(b) of BBA Part B therapy cap provision enacted by also to any noncertified remainder: 1997 places the Medicare billing section 4541 of BBA 1997. In addition, This avoids creating a perverse incentive responsibility with the SNF for virtually unlike some types of services (such as for SNFs to set aside a nonparticipating all of the services that the SNF’s ambulance and laboratory) with which section in which they could otherwise residents receive, except for a small SNFs historically have had only limited circumvent the Consolidated Billing number of services that the law requirement for those residents who are not billing experience, most SNFs are in a covered Part A stay. specifically identifies as being excluded familiar with the procedures involved in from this provision. For services that are furnishing and billing for therapy and However, since the consolidated subject to this provision, the original other skilled rehabilitation services. In billing requirement has now been legislation made no distinction as to fact, section 1819(a)(1) of the Act limited to those residents in Part A whether the services were furnished describes such a facility in terms of covered stays, and physical, during the course of a covered Part A being primarily engaged in furnishing occupational, and speech-language SNF stay. skilled nursing or rehabilitation services therapy in noncovered stays, the We have implemented consolidated to its residents. The SNF level of care language that extended its applicability billing only for services that are definition in section 1814(a)(2)(B) of the to the noncertified portion of a nursing furnished during the course of a covered Act defines a beneficiary’s access to home is no longer relevant. This is Part A SNF stay. We have not SNF coverage under Part A as involving reflected in our proposed change to the implemented consolidated billing for the need for and receipt of ‘‘skilled regulation at § 411.15. those services furnished to SNF nursing care * * * or other skilled Section 313(b)(2) of BIPA 2000 residents who are not in a covered Part rehabilitation services * * *’’. amends section 1842(t) of the Act by A stay (for example, residents who have Finally, since the inception of the deleting a similar reference to the exhausted their available days of Medicare program, section 1861(h)(3) of noncertified portion of a nursing home. coverage under the Part A SNF benefit, the Act has provided for coverage of Section 1842(t) of the Act requires that or who do not meet that benefit’s post- physical, occupational, and speech- Part B claims for physician services hospital or level of care requirements). language therapy services under the Part furnished to SNF residents (which are As explained in the final rule of July 30, A extended care benefit when furnished excluded from consolidated billing)
VerDate 11
must include the SNF Medicare Capital-related costs, such as the cost of bed providers are not eligible for a provider number. Section 313(b)(2) of land, building, equipment, and the blended rate. Upon their PPS effective BIPA 2000 also expands this interest incurred in financing the dates, all rural hospital swing-bed requirement to apply to Part B claims acquisition of such items, are not providers will be paid at the per diem for all types of services furnished to reimbursed separately. Instead, they are Federal payment rate in effect for rural SNF residents. For a SNF resident in a incorporated into the routine and providers when services were delivered. covered Part A stay, this expanded ancillary cost components of the rate. Section 4407 of BBA 1997 redefined requirement would apply to claims for Under Medicare rules, the reasonable the movement of patients from hospitals any type of service that is excluded from cost of ancillary services is paid in full. from PPS hospitals to SNFs as transfers consolidated billing (and, thus, is For routine operating costs, swing-bed rather then discharges. This provision separately billable to Part B by an providers are paid a predetermined rate applies to hospital discharges for 10 outside source). For residents in a equal to the average reasonable routine specific DRGs (014, 113, 209, 210, 211, noncovered stay, it would encompass cost of all freestanding SNFs in the 236, 263, 264, 429, and 483), and census region. This pre-determined rate claims for all Part B services that the mandates that payment for these post- is based on annual cost report data, is resident receives. We are proposing to acute transfers cannot exceed the sum of adjusted for inflation, and is calculated revise the regulations at § 424.32 to 50 percent of the regular transfer on a calendar year basis. For swing-bed reflect this change. payment and 50 percent of the regular payment purposes, there are nine Section 313(b)(3) of BIPA 2000 DRG payment. This provision applies to regions. amends the existing language in section all transfers from a DRG hospital to a 1866(a)(1)(H)(i)(I) of the Act by B. Requirement of the Balanced Budget SNF that is currently reimbursed under requiring compliance with section Act of 1997 for Swing-Bed Facility the SNF PPS. 1862(a)(18), as amended, under the Services To Be Paid Under the terms of a SNF’s Medicare provider Swing-bed discharges from acute to Prospective Payment System for Skilled SNF-level care were specifically agreement. We are proposing to revise Nursing Facilities the regulations at § 489.20 to reflect this exempted from this provision, and change. Finally, section 313(d) of BIPA Section 1888(e)(7) of the Act and swing-bed hospitals would retain their 2000 directs the Office of Inspector section 203 of BIPA 2000 confers exempt status when they become General to monitor payments for authority on the Secretary to specify subject to the SNF PPS. However, in when swing-bed hospitals become services furnished to SNF residents connection with the possible subject to the SNF PPS, subject to the during noncovered stays, in order to reevaluation of the existing swing-bed limitation that swing-bed hospitals help prevent duplicate payment or the conditions of participation discussed in cannot be paid under the SNF PPS for excessive provision of services. the following section, and the potential cost reporting periods prior to July 1, for changes associated with a change in VI. Application of the SNF PPS to SNF 1999, and must be paid under the SNF payment methodology, we plan to Services Furnished by Swing-Bed PPS by the end of the transition period monitor swing-bed activity to determine Hospitals described in section 1888(e)(2)(E) of the whether any additional changes may be Act. The SNF PPS transition period A. Current System for Payment of necessary. We are also mindful of the ends June 30, 2002, the day immediately Swing-bed Facility Services Under Part unique relationship between acute care following the last day that any SNF A of the Medicare Program and SNF-level services in a swing-bed could be eligible for the blended rate facility. For this reason, we are Section 1883 of the Act permits provisions established for the three-year soliciting comments on this issue, with certain small, rural hospitals to enter transition period. particular emphasis on both the need for into a swing-bed agreement, under We are proposing to revise the a swing-bed transfer provision and the which the hospital can use its beds to regulations at § 413.114 to provide that expected impact it would have on provide either acute or SNF care, as swing-bed payments be made under the swing-bed hospital operations. For a needed. Currently, Part A pays for SNF SNF PPS to swing-bed hospitals for cost more detailed explanation of the policy services furnished in Medicare swing- reporting periods beginning on and after regarding PPS hospital discharges to bed hospitals on a cost-related basis, October 1, 2001, to ensure that the post-acute care providers, please see with both calculated rate and conversion is made within the statutory Program Memorandum A–98–26 (July, retrospective, reasonable cost-based time frames. By selecting October 1, 1998). components. Under Medicare payment 2001 as the effective date, we can principles set forth in section integrate the swing-bed hospitals into C. Requirements of BBRA 1999 Affecting 1883(a)(2)(B) of the Act and regulations the SNF PPS program using the same Swing-Bed Payment and Eligibility at § 413.114, swing-bed facilities receive time lines that are statutorily required Section 408 of BBRA 1999 modified payment for two major categories of for the annual SNF PPS updates. the swing-bed provisions in section costs: routine and ancillary. Under BBA 1997, this conversion to 1883(b) of the Act as follows: Routine costs are the costs of those the SNF PPS was intended to apply to • services included by the provider in a payments to swing-bed facilities in Hospitals with more than 49 and daily service charge. Routine service critical access hospitals (CAHs) as well fewer than 100 beds will no longer be costs include regular room, dietary, and as to those facilities in rural hospitals. required to discharge beneficiaries from nursing services, minor medical However, section 203 of BIPA 2000 swing-beds within 5 days of a supplies, medical social services, exempted CAHs with swing-beds from community SNF bed becoming psychiatric social services, and the use the SNF PPS. Therefore, only rural available. of certain facilities and equipment for hospitals with swing-beds will be • Hospitals will no longer have a cap which a separate charge is not made. subject to the SNF PPS. on the number of days of swing-bed Ancillary costs are costs for specialized Since the application of the SNF PPS services they can provide. The services, such as therapy, drugs, and to non-CAH swing-bed providers will requirement that swing-bed days be no laboratory services, that are directly not occur until the final portion of the more than 15 percent of the total bed identifiable to individual patients. SNF PPS phase-in period, those swing- days was removed.
VerDate 11
• Hospitals will no longer be required within the region. In contrast, under the www.hcfa.gov/medicaid/mds2.0/ to obtain state Certificate of Need SNF PPS, costs are calculated using default.htm. approval for swing-beds. both freestanding and hospital-based Under SNF PPS, providers must By removing the per discharge SNF data. transmit their MDS 2.0 assessments to restrictions on length of stay and the The ability to identify differences in the appropriate state agency and receive aggregate caps on the facility’s ratio of patient service needs is crucial to the confirmation that the MDS 2.0 record swing-bed to acute days, these BBRA development of a case-mix system. For has been accepted into the state’s MDS 1999 provisions give swing-bed the SNF PPS, we needed a sophisticated 2.0 data base before submitting a bill to hospitals more flexibility in determining patient classification system that the Part A FI. Billing instructions have how to use their swing-beds. Under specifically captured resource use of been developed for SNFs subject to the BBRA 1999, the implementation date of individuals receiving SNF-level care. SNF PPS. Three Program Memorandums these amendments is to coincide with The Resource Utilization Group, version were issued shortly after the the timeframe for the swing-bed 3 (RUG–III) is a 44-group patient introduction of the SNF PPS, and transition to the SNF PPS schedule. We classification system that was designed provide a basic understanding of the propose to revise the regulations at specifically to measure SNF-level current billing requirements (Program § 413.114 to implement this change. services. RUG–III establishes a hierarchy Memorandums A–98–16 (May 1998), A– Since swing-bed services are provided of major patient types, organized into 98–20 (June 1998), and A–98–26 (July within an acute care facility and have seven major categories. Each of these 1998)). In addition, each Part A FI has historically represented short stay categories is further differentiated by developed its own SNF PPS training services, swing-bed providers have not patient characteristics and service needs materials and billing instructions. HCFA been subject to the full set of to yield the 44 specific patient groups staff will be working with the FIs to participation requirements that apply to used for payment. Differences in service review these billing requirements and to SNFs. Instead, they have been subject to use are shown by assigning a weight or identify any changes or additions the hospital conditions of participation, case mix index to each RUG–III group. needed to accommodate swing bed plus an abbreviated set of SNF This weight represents the amount of providers. We are soliciting comments participation requirements specified in nursing and rehabilitation staff time, on concerns related to billing or claims § 482.66. It is not our intent to change weighted by salary level, and is processing in swing-bed facilities. the swing-bed conditions of standardized to reflect the relative value Finally, swing-bed claims are already participation at this time; however, we of each group within the 44-group subject to medical review to ensure that are aware that the BBRA 1999 system. the services provided to Medicare amendments may encourage swing-bed Detailed descriptions of the RUG–III beneficiaries are reasonable and facilities to make greater use of their classification methodology are included necessary, and meet Medicare’s SNF facilities to serve beneficiaries with in the May 12, 1998 SNF PPS final rule level of care criteria. Under the SNF longer term needs, who otherwise (63 FR 25252). Additional information PPS, these reviews will be modified to would have been transferred to a SNF. on the RUG–III system is available in verify the accuracy of the clinical data We plan to monitor swing-bed the annual SNF PPS updates (64 FR used to determine the RUG–III group utilization and practice patterns to 41645, July 30, 1999, and 65 FR 46770, billed. We will work with the determine whether changes are July 31, 2000). Like the DRG system appropriate contractors to finalize occurring that warrant a review of used in the inpatient hospital PPS, the procedures for these swing-bed reviews, swing-bed conditions of participation. RUG–III system has been automated. and we plan to publish specific We welcome comments on the need for Program specifications, record layouts instructions and guidelines later this and nature of changes, if any, that and RUG–III coding logic may be found year. would be most helpful in ensuring on HCFA’s web site at www.hcfa.gov/ continued high quality services in medicaid/mds2.0/default.htm. E. SNF PPS Rate Components swing-bed facilities. All data needed to classify a Medicare The SNF PPS methodology is beneficiary into one of the RUG–III discussed in detail in the regulations at D. Implications of Swing-Bed Facility groups is contained in the MDS 2.0. The 42 CFR Part 413, subpart J. As this Conversion to the SNF PPS MDS 2.0 is a resident assessment methodology is only now being applied The SNF PPS is an outgrowth of instrument used by SNFs for care to swing-bed hospitals, the major substantial research efforts beginning in planning, quality monitoring, and SNF components of the PPS Federal rate are the 1970s. It is based on the recognition PPS payment. As described in Section G summarized below. that differences in patient below, we plan to use the MDS 2.0 to • The nursing component includes characteristics result in different levels calculate SNF PPS payments for swing- direct nursing care and the cost of non- of resource utilization. Unlike some bed services. therapy ancillary services required by older payment methodologies that paid All providers currently subject to the Medicare beneficiaries. This portion of a flat per diem amount, a case-mix SNF PPS perform periodic MDS 2.0 the rate is case-mix adjusted using the system measures the intensity of care assessments for Medicare beneficiaries RUG–III classification system described and services required for each patient in Part A stays. Facilities then generate in detail in the May 12, 1998 SNF PPS and then translates that into a payment electronic MDS 2.0 records, and interim final rule (63 FR 26252). Swing- level. transmit each beneficiary’s assessment bed facilities will be reimbursed under Under the SNF PPS, payment rates are to a designated state agency. These the rural facility rates as shown in Table based on mean SNF costs in a base year, electronic MDS 2.0 records are then 6. updated for inflation. Swing-bed routine transmitted by the state agency to • The therapy component includes cost reimbursement is similarly based HCFA’s data repository. For more physical, occupational, and speech- on a precalculated average cost. information on MDS encoding and language therapy services provided to However, under the current transmission, see HCFA’s final rule beneficiaries in a Part A stay and, like methodology, swing-beds are paid at a mandating the transmission of MDS the nursing component, is case-mix rate consisting of the average of the records (62 FR 67174, December 23, adjusted. Payment varies based on the freestanding nursing facility costs 1997) and the HCFA web site at actual therapy resource minutes
VerDate 11
received by the beneficiary and reported other nursing facilities, must complete Since swing-bed facilities do not on the MDS assessment instrument. the discharge and reentry tracking forms perform significant change or significant • The non-case-mix therapy as appropriate to track the beneficiary’s correction assessments, we have no component is a standard amount to movement into and out of the post-acute method of recognizing changes in the cover the cost of therapy assessments of care facility. Swing-bed facilities that beneficiary’s clinical status that occur beneficiaries who were determined not also participate in the Medicaid outside the regular SNF PPS assessment to need continued therapy services. This program may also be required, at State schedule. For this reason, we are payment is added to the rate for all option, to complete Section S. proposing to modify the MDS 2.0 by RUG–III groups except those in the When completing the MDS, swing- adding a new reason for an OMRA Rehabilitation category. bed facility staff should use the assessment specific to swing-bed • The non-case-mix component is instructions in the Long Term Care RAI facilities. Swing-bed providers would also a standard amount added to the rate User’s Manual. A copy of this manual is then use this additional reason for for each RUG–III group to cover available on the HCFA web site at assessment code when preparing off- administrative and capital-related costs. www.hcfa.gov/medicaid/mds20/man- cycle assessments reflecting changes in The specific costs included in this rate form.htm and is also available for patient status that change the RUG-III component are described in the May 12, purchase. group and payment rate. 1998 SNF PPS interim final rule (63 FR The types of assessments used to H. Required Schedule for Completing 26252). support SNF PPS billing are described the MDS The RUG–III system utilizes data from below. the MDS to determine the appropriate 1. Regularly Scheduled Medicare Swing-bed providers would follow payment level for nursing and therapy Assessments the same MDS completion schedule for services. Upon transition to PPS, swing- MDS assessments must be performed Medicare PPS assessments as other bed providers will be required to in accordance with a predetermined providers reimbursed under the SNF complete MDS assessments according to schedule based upon the start of a PPS. When performing an MDS the same Medicare payment assessment Medicare Part A covered stay. The assessment, the registered nurse schedule designated for SNFs: on the assessments are due on days 5, 14, 30, coordinating the assessment would first 5th, 14th, 30th, 60th, and 90th days of 60, and 90 of the SNF Part A covered establish the period of time that would post-hospital extended care (Part A stay. be used to observe and assess the SNF) services. beneficiary. The last day of the In addition, the portion of the Federal 2. Readmission/Return Assessments observation period is defined as the rate attributable to wage-related costs is (MDS Item A8b=5) Assessment Reference Date (ARD). The adjusted by a wage index. For swing-bed This MDS reason for assessment is ARD is the date used to determine the facilities, we will use the wage index used when a beneficiary who is timeliness of the Medicare-required applicable to the county in which the receiving Part A SNF care in a swing- MDS assessments. The assessment facility is located or, in the absence of bed is hospitalized and then returns to schedule is shown in Table 12. a county wage index, the rural rate for the swing-bed. The assessment reference The Medicare Assessment Window the state in which the facility is located. date of the Readmission/Return refers to the days on which the MDS F. Implementation of the SNF PPS for Assessment must be set within 5 days ARD may be set in order for the Swing-Bed Facilities of the readmission, as with a regular assessment to be considered timely. For Medicare 5-day assessment. Like the 5- Under section 1888(e)(7) of the Act, example, the ARD for the 5-day day assessment, there are 3 grace days assessment should be set between days swing-bed providers (other than CAHs) available. would be subject to the SNF PPS by the 1 and 5 of the beneficiary’s admission end of the SNF PPS transition period 3. Other Medicare-Required to the swing-bed. Since we realize that described in section 1888(e)(2)(E) of the Assessments (OMRA) there will be exceptional circumstances Act. However, swing-bed services are Other Medicare-Required in which additional time will be not subject to the consolidated billing Assessments (OMRAs) must be needed, we have provided for grace requirement for services furnished to performed when a beneficiary in a days. MDS assessments with ARDs on a SNF residents under section 1862(a)(18) covered Part A stay stops receiving grace day would also be considered of the Act, but instead are subject to the therapy, but continues to receive other timely. The timeliness of the MDS similar bundling requirement for skilled services, thus remaining eligible assessments may be monitored to services furnished to hospital inpatients for Part A services. This assessment identify providers that routinely under section 1862(a)(14) of the Act (see must be performed between 8 and 10 perform assessments during the grace section VI.J below). days after the cessation of all period. rehabilitation therapy services. It may In addition, Medicare PPS G. Use of the Resident Assessment not be used to indicate changes in the assessments are required to be Instrument—Minimum Data Set (MDS amount or frequency of service or to completed within 14 days of the ARD. 2.0) show reductions in the number of An MDS is considered completed on the Swing-bed facilities are not currently therapy disciplines provided. For date the Assessment Coordinator subject to the clinical MDS example, an OMRA is not required to indicates on the MDS in Section R(2)(b). requirements, but will be required show that a beneficiary’s speech- Swing-bed providers that fail to perform under the PPS to perform the Medicare- language therapy has been discontinued assessments or that perform late required MDS assessments. when the beneficiary is still receiving assessments (ARD outside of the The MDS required for payment physical therapy. This assessment is not specified assessment window) are paid purposes includes the MDS face sheet, required if the beneficiary’s Part A stay at the default rate. This default rate is Sections AA–R, and Section T. In is discontinued when the therapy is equal to the rate paid for the lowest addition, swing-bed providers, like stopped. acuity level in the RUG-III system, PA1.
VerDate 11
TABLE 12.—ASSESSMENT SCHEDULE
Assessment Type of assessment window Grace days Payment days period days
5 day ...... 1–56–814 14 day ...... 11–14 15–19 14 30 day ...... 21–29 30–34 30 60 day ...... 50–59 60–64 30 90 day ...... 80–89 90–94 10
Each assessment would then be used have developed the standard software clinical nurse specialists, certified to calculate a RUG–III group for grouper product, RAVEN, which is nurse-midwives, clinical psychologists, payment. As shown in Table 12, the available to all providers at no cost. We and certified registered nurse RUG–III group is used to bill Medicare also provide ongoing support for the anesthetists). However, unlike SNF for Medicare-covered days of SNF care. RAVEN software, and have a Help Desk consolidated billing, the hospital The days shown in the payment period to assist providers with data bundling provision does not provide for column are the maximum number of transmission and other technical the additional exclusion of certain other covered days that can be billed using problems. The RAVEN software may be types of services, such as dialysis or the 5, 14, 30, 60, and 90 day downloaded by accessing HCFA’s web erythropoietin (EPO). assessments. Swing-bed care, like care site at www.hcfa.gov/medicaid/mds20/ When the SNF PPS was implemented in SNFs, is covered by Medicare when raven.htm. in July 1998, we received several the beneficiary meets the Medicare level questions concerning the relationship J. Applicability of Consolidated Billing of care and medical necessity criteria. between SNF consolidated billing and to SNF Services Furnished in Swing-Bed Medicare’s preadmission payment I. RUG–III ‘‘Grouper’’ Methodology and Facilities window provision, which requires that Software As enacted by section 4432(b) of BBA certain services furnished during the RUG–III is a patient classification 1997, the SNF consolidated billing period immediately preceding an system that classifies beneficiaries requirement (which places the Medicare inpatient hospital admission be receiving SNF care based on the amount billing responsibility for almost the included in the payment for the hospital of nursing and therapy resources needed entire range of Medicare-covered admission. The most common question to provide that level of care. RUG–III services with the SNF) is based on is related to situations in which a SNF establishes a seven level hierarchy services that are furnished to SNF resident in a covered Part A SNF stay based on resource use. The seven levels residents. However, a swing-bed receives outpatient services from a are rehabilitative services, extensive agreement allows for the provision of hospital, and is subsequently admitted care, special care, clinically complex, SNF services to inpatients of certain to that same hospital as an inpatient cognitive impairment, behavior, and small, rural hospitals. These swing-bed within three days. Both hospital and reduced physical function. The services are not subject to the SNF SNF providers were unsure whether the classification system is then subdivided consolidated billing requirement at hospital outpatient services should be into 44 groups using activities of daily section 1862(a)(18) of the Act, since that included on the hospital inpatient bill living (ADL) deficits, depression, and provision applies to services that are or were included in the SNF PPS the provision of restorative nursing furnished to residents of SNFs. Rather, payment. Since this issue is relevant to services as classification criteria. All these swing-bed services are subject to swing-bed patients who may require a data necessary to classify a patient into the hospital bundling requirement at readmission to an acute care hospital one of the RUG–III categories is section 1862(a)(14) of the Act, which (either within the same facility or to contained on the MDS 2.0. applies to services that are furnished to another hospital), we are reiterating our Swing-bed bills would be paid in the inpatients of hospitals. previous clarification on this point. same manner as for all other providers The hospital bundling requirement is Section 1886(a)(4) of the Act includes subject to the SNF PPS. Swing-bed a longstanding provision that has a preadmission payment window facilities would encode and transmit applied uniformly to all hospitals provision for hospitals. Under this their MDS data to the appropriate State (including those with swing-bed provision, certain Part B services agency. The RUG–III group on the MDS agreements) and does not represent a furnished by a hospital (or by an entity would be validated by the State upon new requirement or a change in existing wholly owned or operated by the acceptance of the facility’s MDS data procedures for these facilities. The hospital) within three days before an file. The provider would bill Medicare hospital bundling provision is inpatient admission to that hospital are using the validated RUG–III code. conceptually similar to the SNF included in the Medicare Part A Detailed information on the RUG–III consolidated billing requirement (since payment for the hospital admission. system can be found in the July 30, 1999 it places with the hospital the Medicare However, we clarified the application of SNF PPS final rule published in the billing responsibility for virtually all the payment window provisions in a Federal Register (64 FR 41684), and on services that the patient receives), and final regulation published in the HCFA’s PPS web site at www.hcfa.gov/ actually served as the model for the SNF Federal Register on February 11, 1998 medicare/snfpps.htm. consolidated billing legislation. Like (63 FR 6865–66), to explain that this Detailed information on the RUG–III SNF consolidated billing, hospital provision does not apply to Part A software can be found at www.hcfa.gov/ bundling specifically excludes the services furnished during the medicaid/mds20/default.htm. These services of several types of practitioners preadmission period by home health software groupers are available from (services furnished by physicians, agencies, SNFs, and hospices. The many software vendors, however, we physician assistants, nurse practitioners, preadmission payment window applies
VerDate 11
only to services that are ‘‘otherwise assessment, which is used to assign running MDS software and transmitting payable under Medicare Part B.’’ each beneficiary to an acuity level. MDS assessments, and a laser printer. Therefore, those preadmission services Payment is then based on that acuity This estimate is based on the most that are covered under the Part A SNF level. Therefore, all swing-bed providers recent cost data available for a system benefit would not be within the scope must automate the MDS data collection that meets the specifications required by of the preadmission payment window and transmission process and be the State system. As noted earlier in this provision. capable of transmitting MDS data no proposed rule, we expect that many However, services furnished on the later than the effective date of the swing-bed hospitals already have some day that a SNF resident is admitted to conversion to PPS. We anticipate that computer capability and will not need a hospital as an inpatient are not swing-bed providers will incur some to buy an entirely new system. Based on included in the SNF PPS payment rate. incremental costs associated with information currently available, we have Thus, the outpatient hospital services automating and transmitting the MDS. no way to quantify the number of furnished on that day would be subject Most start up costs associated with providers requiring upgrades to their to the preadmission payment window automating the MDS will be related to existing computer systems in order to provision. In addition, services hardware, software, and staff training. operate the MDS software. However, the excluded from the SNF PPS under These costs will vary with the size of cost of upgrading existing systems consolidated billing are considered Part each swing-bed facility, the facility’s should be substantially less than the B services and, when provided within current level of computer technology, hardware cost estimates provided here. three days of admission as a hospital and the familiarity of staff with the MDS It is also possible that some providers inpatient, are subject to the assessment instrument. may elect more sophisticated and preadmission payment window. Among At the current time, a number of expensive multi-user systems. However, these SNF PPS-excluded services are swing-bed hospitals also operate since these systems are not generally certain exceptionally intensive services distinct part SNFs, and have systems in appropriate for small facilities, are not furnished in the hospital setting: cardiac place to prepare, store, and transmit required for SNF PPS payment catheterization, computerized axial MDS assessments. We estimate that purposes, we have considered this type tomography (CT) scans, magnetic approximately 30 percent of the nation’s of multi-user system to be an optional resonance imaging (MRIs), ambulatory 1,240 Medicare swing-bed providers expense, and did not include it in the surgery involving the use of an presently have the hardware and cost estimates. For this analysis, we operating room, emergency services, software capability for automated MDS assumed that all providers would radiation therapy, angiography, and data collection and transmission. Other purchase new hardware, and that certain lymphatic and venous facilities may be using computers for assumption may overstate the cost procedures. other applications and may need to estimates. For a complete list of services that are upgrade their systems to provide access This cost estimate is based on a reimbursed separately from the SNF to clinical and/or data entry staff within computer system suitable for a small PPS rate, please refer to Program the swing-bed unit. For swing-bed business, and assumes that the facility Memorandums A–98–37 (November hospitals that do not currently operate will add applications and data files over 1998, reissued as A–00–01, January distinct part SNFs, we expect that a time to support ongoing operations. We 2000) and AB–00–18 (March 2000). significant percentage will have either anticipate that many swing-bed very limited capacity or no computer hospitals will choose to purchase this K. Costs Associated With Automating system at all. type of system even though it will the MDS: Preliminary Estimates Based on our experience with SNFs, initially provide excess capacity, and In accordance with section 1888(e)(7) we have developed this preliminary believe that the selection is appropriate. of the Act, we propose to apply the SNF estimate of the costs a swing-bed Facilities may, of course, choose a more PPS to swing-bed providers (other than provider can expect to incur. Costs are basic configuration at lower cost. A CAHs) effective with cost reporting separated into two categories, start-up comparison between a small business periods beginning on or after October 1, and maintenance. industry standard configuration and the 2001, consistent with the statutory • Hardware: We estimate total minimum system capable of running the mandate to implement this provision by hardware costs associated with necessary MDS software is shown in the end of the SNF PPS transition automating the MDS to be Table 13.A. Ongoing hardware period described in section 1888(e)(2)(E) approximately $2,000 to $2,500 for a maintenance costs for nursing homes of the Act. Reimbursement under the typical swing-bed provider. This are expected to average about $100 SNF PPS is contingent upon the amount includes the cost of a computer, annually. Service contracts are also periodic completion of an MDS communications components capable of available for new PC purchases.
TABLE 13.A.—PPS COMPUTER REQUIREMENTS
Component Small business standard Basic MDS processing
Processor ...... Pentium III 933/133MH ...... Pentium III. Memory ...... 128MB sdram ...... 32 MB. Keyboard ...... Standard with PC ...... Standard with PC. Monitor ...... 17″ color monitor ...... 14″ color monitor. Hard Drive ...... 20GB ...... 100MB. Floppy Drive ...... 1.44MB 3.5″ ...... 1.44MB 3.5″. Operating System ...... Win2000 ...... Windows 98, NT. Data Backup ...... Iomega 250MB Zip drive ...... Optional. Mouse ...... Standard with PC ...... Standard with PC. Modem ...... v.90 56K voice/data/fax ...... 28.8k voice/data/fax. Media Options ...... 20/48X CD–Rom ...... Optional. Communications software ...... Netscape or comparable device ...... Netscape or comparable device.
VerDate 11
TABLE 13.A.—PPS COMPUTER REQUIREMENTS—Continued
Component Small business standard Basic MDS processing
Applications Software ...... Microsoft Small Business Norton AntiVirus ..... Optional Anti-virus software, recommended. Printer ...... Laser Printer ...... Laser Printer.
• Software: Swing-bed providers anti-virus software and the most only to claims for physician services) desiring only to meet the MDS data common small business suite of word would apply to all types of Part B submission requirements may use processing and spread sheet computer claims. We would also make conforming RAVEN, the MDS software developed applications is included in the cost revisions in the requirements regarding by HCFA, which is available free of estimate for a small business standard claims for payment, at §§ 424.32(a)(2) charge. RAVEN allows facilities to configuration PC system. and (a)(5). We would revise the wording perform the basic encoding and • Supplies: Supplies necessary for of the existing requirement in formatting functions, and allows users collection and transmission of data § 424.32(a)(5) for a SNF to include to store and retrieve MDS documents. including diskettes, computer paper, appropriate HCPCS coding and its We already provide ongoing support for and toner, will vary according to the Medicare provider number on the the RAVEN software, and the RAVEN size of the facility in terms of residents claims that it files for its residents’ Help Desk will be available to swing- served and assessments required. For services, by adding that these bed providers to resolve software or the average facility, supply costs should requirements also apply to these claims transmission problems. We expect that average approximately $200 per year. when they are filed by an outside entity. RAVEN will meet the needs of many • Maintenance: There are costs In addition, we would revise small swing-bed providers. associated with normal maintenance of § 411.15(p)(3) to exclude from the Some facilities will choose more computer equipment, such as the definition of a SNF resident, for sophisticated software programs that replacement of disk drives or memory consolidated billing purposes, those can be used to meet other clinical or chips. Typically, such maintenance is individuals who reside in the operational needs, such as care provided via extended warranty noncertified portion of an institution planning, order entry, quality assurance, agreements with the original equipment that also contains a participating or billing. There are currently over 100 manufacturer, system reseller, or a distinct part SNF. vendors marketing MDS software general computer support firm. These • In accordance with section products, and the cost of MDS software maintenance costs are estimated to 1888(e)(2)(E) of the Act, we propose to packages varies widely. Depending on average no more than $100 per year. revise § 413.114 to reimburse swing-bed the number of work stations, the level services of rural hospitals (other than of customer support, and the scope of L. Provider Training CAHs, which would be paid on a reporting subsystems, an MDS We recognize our responsibility to reasonable cost basis) under the SNF processing system can cost anywhere provide initial training, as well as PPS described in regulations at subpart from approximately $500 to $5,000 or ongoing technical support. We are J of that part. This conversion to the more per year. Generally, the higher- currently evaluating training options SNF PPS would be effective for services priced software is designed for large and solicit comments on training furnished during cost reporting periods SNFs or multi-facility chains and would methods, vehicles, and timeframes. beginning on or after October 1, 2001. be inappropriate for a small swing-bed VII. Provisions of the Proposed Rule We also propose to revise paragraph facility. We would expect that swing- (d)(1) of this section to reflect the BBRA bed facilities that choose not to use The provisions of this proposed rule RAVEN could purchase proprietary are as follows: 1999 modifications to the special MDS software and support services at a • In § 410.150, we propose to revise requirements for swing-bed facilities cost ranging from $500 to $1,200 per paragraph (b)(14) to reflect that Part B with more than 49 but fewer than 100 year. While we have considered the makes payment to the SNF for its beds (as discussed in section VI.C of this possibility, absent a survey of swing-bed resident’s services only in those preamble), and to make a conforming providers, we have no way to quantify situations where the SNF itself revision in § 424.20(a)(2). how many will elect to purchase more furnishes the services, either directly or VIII. Collection of Information elaborate proprietary MDS processing under an arrangement with an outside Requirements systems. The extra functionality source. associated with these systems is not • In § 411.15, we propose to revise Under the Paperwork Reduction Act required for payment under the SNF paragraph (p)(1) to indicate that except of 1995 (PRA), agencies are required to PPS, and should be considered optional for physical, occupational, and speech- provide a 60-day notice in the Federal costs. However, we have included a cost language therapy, consolidated billing Register and solicit public comment range in these estimates since we do not applies only to those services that a SNF when a collection of information want to discourage providers from using resident receives during the course of a requirement is submitted to the Office of MDS systems for other functions, such covered Part A stay. We would also Management and Budget (OMB) for as quality assurance. make conforming revisions in review and approval. To fairly evaluate All swing-bed providers will need a §§ 489.20(s) and 489.21(h), in the whether an information collection common data communications software context of the requirements of the SNF should be approved by OMB, section package to transmit MDS assessments to provider agreement. We propose to 3506(c)(2)(A) of the PRA requires that the State. This communications package revise paragraph (p)(2) to indicate that, we solicit comments on the following must meet our specifications related to for Part B services furnished to a SNF issues: transmission of MDS data, which resident, the requirement to enter the • Whether the information collection represent current technology. The cost SNF’s Medicare provider number on the is necessary and useful to carry out the of the communications software, the Part B claim (which previously applied proper functions of the agency;
VerDate 11
• The accuracy of the agency’s are generally posted on the MDS web hospital-based SNF that is already estimate of the information collection sites, and are available to staff at no subject to the SNF PPS requirements. burden; cost. By distributing information Many swing-bed hospital employees • The quality, utility, and clarity of electronically, and providing Help may have prior experience in a SNF the information to be collected; and Desks for software and transmission where they were trained in MDS coding • Recommendations to minimize the problems, we minimize the need for procedures. In addition, in 1999, information collection burden on the staff travel, and reduce the ongoing approximately 25 percent of swing-bed affected public, including automated costs associated with encoding and hospitals also had hospital-based SNF collection techniques. transmitting MDS data. facilities, and have a pool of trained Therefore, we are soliciting public Facilities may choose among a variety staff who can assist swing-bed comment on each of these issues for the of approaches to encode the MDS data employees with MDS coding information collection requirements in electronic format. In many SNFs, the procedures. Regardless of the amount of discussed below. nurses conducting the assessments inhouse support available, we believe it § 413.114(a)(2)—Implementing the input their responses directly into the is advisable for each swing-bed hospital requirement in section 1888(e)(7) of the computer, and the data entry time is to designate an RN to assume lead Act for the SNF PPS to encompass incorporated into the MDS preparation responsibility, and to ensure that this swing-bed services furnished in rural time. In others, a data entry operator is RN is fully trained. We estimate that the hospitals will require these providers to used to input the MDS data and initial training in MDS clinical coding complete MDS assessments, in maintain the MDS processing system. and SNF PPS assessment scheduling accordance with the schedule For SNFs, the data entry function will require two days. prescribed in regulations at 42 CFR averages 15 minutes per assessment. We Based upon the experience SNFs have 413.343(b). Accordingly, we are also expect that staff will require had in completing the MDS, we estimate including in this proposed rule the approximately 2 hours per month to that it generally takes 45 minutes to following discussion of the anticipated perform system-related functions such complete a comprehensive assessment. burden for rural hospitals as a result of as processing corrections, retrieving We considered reducing this estimate implementing this requirement. assessment information, printing copies, for swing-bed providers for two reasons. On December 23, 1997, we issued in verifying the accuracy of the data First, the requirements for the Federal Register a final regulation entered into the system, and reviewing comprehensive assessments which are requiring Medicare-certified SNFs and program updates and training materials. mandated under the Omnibus Budget Medicaid-certified nursing facilities The hourly rate for data entry was Reconciliation Act of 1987, Pub.L. 100– (NFs) to encode and transmit MDS data estimated at $15, and reflects the salary 203 (OBRA 1987) are somewhat higher to HCFA in electronic format (42 FR differentials between the two types of than those applicable to the SNF PPS 67174). In that rule, we provided cost staff typically performing this function: assessments. Second, SNF staff estimates for training staff and RNs and data operators. generally have limited knowledge conducting ongoing functions related to • Electronic Transmission: Swing-bed concerning the care the patient received the preparation, data entry and staff will also need training on data prior to the SNF admission, and limited transmission of MDS data. The transmission procedures. Again, state access to the records from the prior estimates presented here are based on agencies have already developed hospital stay. As a result, the RN in the the analysis presented in the MDS training programs in this area, and this SNF conducting a 5-day PPS assessment automation rule, but are updated to training will be available to swing-bed has to build a completely new reflect current wage data and unique personnel. Generally, a facility would knowledge base about the patient’s aspects of swing-bed providers. We also send one person to a half-day training condition and care needs. By contrast, used 1999 claims data to calculate the program. This individual would be in a swing-bed hospital, the staff caring number of swing-bed stays and the responsible for handling data for the patient have the advantages of average length of stay. These data were transmission functions, and would be observing the patient during the acute used to estimate ongoing MDS-related expected to train other facility staff on portion of the stay, and should have costs. a time-available basis. We will make the more information already available Using the best available 1999 claims MDS transmission system available to when completing the SNF PPS 5-day data, we identified 97,576 swing bed swing-bed providers prior to the assessment. However, rather than stays. There are currently 1,250 swing- effective date of the transition to the reducing the time estimate, we are using bed facilities. The average annual SNF PPS, and allow staff to practice the higher number to reflect the number of admissions is 78 per swing- transmission procedures. We would expected learning curve over the first bed hospital. Using the same 1999 expect that each swing-bed provider year as staff become more familiar with claims data, the average length of stay would have successfully transmitted at and proficient in completing the MDS. is 8.79 days. Accordingly, on average, a least one MDS data file prior to the As stated above, swing-bed providers typical swing-bed facility would need to updated SNF PPS effective date. Once averaged 78 stays per year with an complete only one MDS per admission, the designated individual has been average swing-bed length of stay of since the PPS 5-day assessment governs trained, we estimate that the MDS slightly under 9 days. Therefore, swing- payment for the first 14 days of the stay. transmission will take approximately bed providers would generally complete • Data Entry: Based upon our one hour per month. just one SNF PPS assessment for most experience with SNFs, we estimate that The hourly rate of data transmission patients; i.e., the 5-day assessment that swing-bed facilities will need to train at was estimated at $15, and reflects the governs payment for the first 14 days of least one staff person to handle the data salary differentials between the two a stay. entry and MDS processing system. State types of staff typically performing this Although our projections are based on agencies currently train SNF staff on function: RNs and data operators. the most recent available data, and these functions, and the training is • MDS Coding: Training time will indicate that swing-bed providers will generally completed in a single half-day vary depending on the familiarity of generally complete only one MDS per session. Additional training materials swing-bed staff with MDS coding beneficiary during the course of a and updates to program requirements procedures and the presence of a swing-bed stay, we are aware that this
VerDate 11
utilization pattern could change. We Statistics nursing wage data including Option-Cost/Facility Hardware estimate note that the restrictions on beneficiary fringe benefits, updated to FY 2002 includes a laser printer, operating length of stay and the caps on the levels using the SNF market basket software, Microsoft Office Suite percentage of bed days that could be factor. The average hourly rate of $24.70 applications software, anti-virus used for swing-bed service were is used in the calculations shown in software, and a one year service eliminated by section 408 of BBRA Table 13.B. The Aggregate Cost-Basic agreement. The Communications 1999, effective with cost reporting Option column estimates are based on Software estimate reflects the cost of periods beginning on and after October October, 2000 data showing 1,250 Netscape or other communications 1, 2002. With this added flexibility, certified swing-bed providers. The software. It is assumed that swing-bed swing-bed providers may decide to aggregate calculations assume that all providers will use the free RAVEN adjust their admission practices, and providers chose either the basic or small software for MDS processing. This may serve more patients requiring business option. Absent a survey of all software was developed and tested by longer lengths of stay. If this change providers, we have no way to quantify occurs, swing-bed staff may be required the number of providers requiring HCFA, and has been widely used by to perform additional MDS assessments. upgrades to existing computer systems both hospital-based and freestanding Therefore, we plan to monitor swing- in order to operate the MDS software. SNFs during the past three years. We bed utilization patterns to identify any We have assumed purchase of a new cannot quantify the number of providers changes in provider practices and system for all providers, which may who will choose to purchase proprietary evaluate the impact of these changes on result in an overstatement of actual systems, and therefore have included a swing-bed performance under the SNF anticipated costs. The Basic Option- cost range. We believe that the free PPS. However, for the current analysis, Cost/Facility Hardware estimate RAVEN software, along with the we have used the best available includes a laser printer, operating associated Help Desk Services will meet historical data to project future software, basic applications software, the needs of most providers. The use of experience. including Word 2000 and Excel 2000, proprietary systems should be To calculate the costs of preparing the and a one year service agreement and considered an optional cost. MDS, we used 1998 Bureau of Labor anti-virus software. The Small Business TABLE 13.B.—SWING-BED RURAL HOSPITAL COST OF COMPLETING MDS
Basic option- Small business option— Aggregate cost— Aggregate cost— Category cost/facility cost/facility basic option small business option
Hardware ...... $1,400.00 $2,100.00 $1,750,000.00 $2,625,000.00 Comm. Software ...... 100.00 100.00 125,000.00 125,000.00 MDS Software ...... 0–1,200.00 0–1,200.00 0–1,500,000.00 0–1,500,000.00 Staff Training—MDS Coding ...... 494.00 494.00 617,500.00 617,500.00 Staff Training—Entry and Transmission ...... 240.00 240.00 300,000.00 300,000.00 Start Up Costs ...... 2,234.00 2,934.00 2,792,500.00 3,667,500.00 MDS Preparation ...... 1,445.00 1,445.00 216,750.00 216,750.00 MDS Entry ...... 292.50 292.50 365,625.00 365,625.00 MDS Transmission ...... 180.00 180.00 225,000.00 225,000.00 Supplies ...... 200.00 200.00 250,000.00 250,000.00 Maintenance ...... 100.00 100.00 125,000.00 125,000.00 Operating Cost ...... 2,217.50 2,217.50 1,182,375.00 1,182,375.00 Estimated First Year Costs ...... 4,451.50–5,651.50 5,151.50–6,351.50 3,974,875.00–5,474,875.00 4,849,875.00–6,349,875.00
§ 424.32(a)(5)—We propose to revise These requirements are not effective IX. Regulatory Impact Analysis section 424.32(a)(5) to reflect the new until they have been approved by OMB. We have examined the impact of this statutory requirement that all Part B If you have any comments on any of rule as required by Executive Order (EO) claims for services furnished to SNF these information collection and record 12866, the Unfunded Mandate Reform residents must include the SNF’s keeping requirements, please mail one Act (UMRA, Public Law 104–4), the Medicare provider number. Because the original and three copies within 60 days Regulatory Flexibility Act (RFA, Public burden associated with this additional of the publication date directly to the Law 96–354), and the Federalism requirement is incidental to the following: Executive Order (EO) 13132. completion of a claim, we are unable to Health Care Financing Administration, Executive Order 12866 directs estimate the burden associated with this Office of Information Services, agencies to assess costs and benefits of new requirement, and explicitly solicit Information Technology Investment available regulatory alternatives and, comment. As a result of this new Management Group, Division of when regulation is necessary, to select requirement, we will be revising the HCFA Enterprise Standards, Room regulatory approaches that maximize OMB clearance package for the HCFA– N2–14–26, 7500 Security Boulevard, net benefits (including potential 1500 (Common Claim Form), OMB Baltimore, MD 21244–1850, Attn: economic, environmental, public health number 0938–0008, which is currently John Burke, HCFA–1163–P. and safety effects, distributive impacts, being reviewed by OMB for re-approval. And: Office of Information and and equity). A regulatory impact We have submitted a copy of this Regulatory Affairs, Room 10235, New analysis (RIA) must be prepared for proposed rule to OMB for its review of Executive Office Building, major rules with economically the information collection requirements Washington, DC 20503, Attn: Allison significant effects ($100 million or more in §§ 413.411(a)(2) and 424.32(a)(5). Herron Eydt, HCFA Desk Officer. annually). This proposed rule is a major
VerDate 11
rule as defined in Title 5, United States may have a significant impact on the analysis is future-oriented and, thus, Code, section 804(2), because we operations of a substantial number of very susceptible to forecasting errors estimate its impact will be to increase small rural hospitals. This analysis must due to other changes in the forecasted the payments to SNFs by approximately conform to the provisions of section 604 impact time period. Some examples of $300 million in FY 2002. The update set of the RFA. For purposes of section such possible events are newly forth in this proposed rule applies to 1102(b) of the Act, we define a small legislated general Medicare program payments in FY 2002. Accordingly, the rural hospital as a hospital that is funding changes by the Congress, or analysis that follows describes the located outside of a Metropolitan changes specifically related to SNFs. In impact of this one year only. In Statistical Area and has fewer than 50 addition, changes to the Medicare accordance with the requirements of the beds. We have examined the impact on program may continue to be made as a Act, we will publish a notice for each the 1,250 swing-bed facilities that result of BBA 1997, BBRA 1999, BIPA subsequent FY that will provide for an would start receiving payment under 2000 or new statutory provisions. update to the payment rates and include the SNF PPS effective with cost Although these changes may not be an associated impact analysis. reporting periods beginning on or after specific to SNF PPS, the nature of the The UMRA also requires (in section October 1, 2001, and find that the Medicare program is such that the 202) that agencies prepare an payments to these facilities will increase changes may interact, and the assessment of anticipated costs and overall. Some swing-bed facilities may complexity of the interaction of these benefits before developing any rule that receive significant increases in Medicare changes could make it difficult to may result in an expenditure in any year related payments, as described later in predict accurately the full scope of the by State, local, or tribal governments, in this section. Accordingly, the following impact upon SNFs. the aggregate, or by the private sector, of analysis includes a specific examination $100 million or more. This rule will of the projected impact of these B. Impact of the Proposed Rule have no consequential effect on State, provisions on small rural hospitals. The purpose of this proposed rule is local, or tribal governments. We believe A. Background not to initiate significant policy changes the private sector cost of this rule falls with regard to the SNF PPS; rather, it is below these thresholds as well. Section 1888(e) of the Act establishes to provide an update to the rates for FY Executive Order 13132 (effective the SNF PPS for the payment of 2002. We believe that the revisions and November 2, 1999) establishes certain Medicare SNF services for periods clarifications mentioned elsewhere in requirements that an agency must meet beginning on or after July 1, 1998. This the preamble (for example, the update to when it promulgates regulations that section specifies that the base year cost the wage index used for adjusting the impose substantial direct compliance data to be used for computing the RUG– Federal rates) will have, at most, only a costs on State and local governments, III payment rates must be from FY 1995 negligible overall effect upon the preempt State law, or otherwise have (that is, October 1, 1994, through regulatory impact estimate specified in Federalism implications. As stated September 30, 1995.) In accordance the rule. As such, these revisions will with the statute, we also incorporated a above, this rule will have no not represent an additional burden to number of elements into the SNF PPS, consequential effect on State and local the industry. governments. such as case-mix classification The aggregate increase in payments The RFA requires agencies to analyze methodology, the MDS assessment associated with this proposed rule is options for regulatory relief of small schedule, a market basket index, a wage entities. For purposes of the RFA, small index, and the urban and rural estimated to be $300 million. The effect entities include small businesses, distinction used in the development or of the 20 percent add-on from BBRA nonprofit organizations, and adjustment of the Federal rates. 1999 is $1.0 billion; however, since this governmental agencies. Most SNFs and This proposed rule sets forth updates add-on became effective in FY 2001, it most other providers and suppliers are of the SNF PPS rates contained in the has already been reflected in the impact small entities, either by virtue of their July 31, 2000 final rule (65 FR 46770). analysis for last year’s final rule (65 FR nonprofit status or by having revenues Table 14 presents the projected effects 46770) and, thus, does not represent a of $10 million or less annually. For of the policy changes in the SNF PPS new, additional impact for the FY 2002 purposes of the RFA, all States and from FY 2001 to FY 2002, as well as payment rates. There are three areas of tribal governments are not considered to statutory changes effective for FY 2001 change that produce this increase for be small entities, nor are intermediaries and FY 2002. In so doing, we estimate facilities: or carriers. Individuals and States are the effects of each policy change by 1. The effect of facilities being paid not included in the definition of a small estimating payments while holding all the full Federal rate. entity. other payment variables constant. We 2. The implementation of provisions The policies contained in this use the best data available, but we do in BIPA 2000, such as the 16.6 percent proposed rule would update the SNF not attempt to predict behavioral increase in the nursing component of PPS rates by increasing the payment responses to our policy changes, and we each RUG and the elimination of the rates published in the July 31, 2000 do not make adjustments for future one percent reduction in the SNF notice (65 FR 46770). While we do not changes in such variables as days or market basket for FY 2001. believe that this will have a significant case-mix. 3. The total change in payments from effect upon small entities overall, some This analysis incorporates the latest FY 2001 levels to FY 2002 levels. This individual providers may experience estimates of growth in service use and includes all of the previously noted significant increases in payments, while payments under the Medicare SNF changes in addition to the effect of the others (those that are concluding their benefit based on the latest available update to the rates. final year under the transition from Medicare claims data and MDS 2.0 As seen in Table 14, some of these facility-specific to full Federal rates) assessment data from 1999. We plan to areas are expected to result in increased may experience significant decreases, as update this data in the final rule. We aggregate payments and others are discussed later in this section. note that certain events may combine to expected to tend to lower them. The In addition, section 1102(b) of the Act limit the scope or accuracy of our breakdown of the various categories of requires us to prepare an RIA if a rule impact analysis, because such an data in the table is as follows:
VerDate 11
The first row of figures in the table only facilities left to transition to the the rehabilitation RUGs. The total describes the estimated effects of the full Federal rate are ones for which the impact of this change is zero percent; various policies on all facilities. The expiration of the transition will cause a however, there are distributional effects next six rows show the effects on decrease in reimbursement. In contrast, of this change, as seen in the table. facilities split by hospital-based, those facilities receiving the full Federal The sixth column of the table shows freestanding, urban and rural categories. rate will experience an 11.6 percent the effect of all of the changes on the FY The remainder of the table shows the increase in payments. The overall effect, 2002 payments. This includes all of the effects on urban versus rural status by therefore, reduced reimbursement, but previous changes, including the update census region. the effects across regions are quite to this year’s payment rates by the The second column in the table shows variable. market basket. Rebasing of the market the number of facilities in the impact The fourth column shows the basket index from 1992 to 1997 had database. The third column shows the projected effect of the 16.66 percent little impact on the overall changes effect of the expiration of the transition add-on to the nursing portion of the displayed in this column. It is projected and movement to the full Federal rates Federal rate mandated by BIPA 2000. As that payments will increase by 2.1 for all SNFs. This change has an overall expected, this results in an increase in percent in total, assuming facilities do effect of lowering payments by an payments for all facilities; however, as not change their care delivery and estimated 8.5 percent, affecting hospital- seen in the table, the varying effect of billing practices in response. As can be based facilities more than freestanding the SNF PPS transition results in a seen from this table, the combined facilities. The main reason for such a distributional impact. In addition, since effects of all the changes vary widely by large decrease is the BBRA 1999 this increase only applies to the nursing specific types of providers and by provision that allowed facilities to portion of the payment rate, the effect location. For example, freestanding choose the full Federal rate. When given on total expenditures is less than 16.66 facilities experience payment increases, the option to do so, an estimated 43 percent. while the effects of the transition cause percent of the facilities elected to go to The fifth column of the table shows decreases in payments for hospital- the full Federal rate. This meant that the the effect of the change in the add-on for based providers.
TABLE 14.—PROJECTED IMPACT OF FY 2002 UPDATE TO THE SNF PPS
Add-on to Total FY Number of Transition to nursing Add-on to 2002 facilities federal rates rates rehab RUGs change (percent) (percent) (percent) (percent)
Total ...... 9037 ¥8.5 7.9 0.0 2.1 Urban ...... 6300 ¥9.0 8.0 0.1 1.7 Rural ...... 2737 ¥6.7 7.5 ¥0.5 3.2 Hospital based urban ...... 683 ¥14.7 8.5 ¥0.8 ¥5.1 Freestanding urban ...... 5617 ¥8.1 7.9 0.3 2.8 Hospital based rural ...... 533 ¥9.7 8.2 ¥2.0 ¥1.0 Freestanding rural ...... 2204 ¥6.2 7.4 ¥0.3 3.9 Urban by region. New England ...... 630 ¥3.9 8.1 0.2 7.6 Middle Atlantic ...... 877 ¥2.9 8.4 ¥1.7 7.0 South Atlantic ...... 959 ¥10.5 7.7 0.8 0.5 East North Central ...... 1232 ¥7.6 7.8 0.9 3.9 East South Central ...... 212 ¥8.8 7.8 0.4 2.1 West North Central ...... 469 ¥10.6 7.9 0.1 ¥0.2 West South Central ...... 519 ¥19.5 8.1 0.1 ¥9.9 Mountain ...... 303 ¥17.3 7.5 1.5 ¥6.7 Pacific ...... 1070 ¥13.9 8.0 0.5 ¥3.4 Rural by region. New England ...... 88 ¥0.9 7.5 ¥0.4 9.7 Middle Atlantic ...... 144 ¥4.4 7.7 ¥1.5 4.9 South Atlantic ...... 373 ¥5.3 7.5 0.1 5.4 East North Central ...... 561 ¥5.1 7.4 0.0 5.4 East South Central ...... 255 ¥5.1 7.9 ¥2.6 3.1 West North Central ...... 581 ¥8.2 7.7 ¥1.4 0.8 West South Central ...... 354 ¥14.9 7.5 0.2 ¥5.2 Mountain ...... 204 ¥11.6 7.2 ¥0.1 ¥2.1 Pacific ...... 151 ¥7.4 7.2 0.6 3.3
In accordance with section 1888(e)(7) We analyzed data from swing-bed subject to final cost settlement, it of the Act, we propose to pay rural claims for calendar years 1996 through represents a reasonable proxy for actual hospitals for SNF-level swing-bed 1998 to determine Medicare payments swing-bed payments. services under the SNF PPS effective made under the current swing-bed We then adjusted the historical data with cost report periods beginning on payment system. The claims data reflect on swing-bed payments to 2002 levels. and after October 1, 2001. In making the predetermined routine cost For calendar years 1999 through 2001, this proposal, we have examined the payments and the interim payment for we projected the average payment per anticipated impact of this payment ancillary services. While the interim day, using the 6.5 percent growth rate change on swing-bed facilities. payment rate for ancillary services is calculated from the most recent
VerDate 11
available data from calendar years 1997 TABLE 15.—RUG–III FREQUENCY DIS- this notice was reviewed by the Office and 1998. For 2002, we used a blended TRIBUTION USING CALENDAR YEAR of Management and Budget. growth rate that reflects a projected 1999 CLAIMS—Continued X. Federalism increase in payment for routine services equal to the market basket of 2.4 RUG–III cat- Number of Percent of We have reviewed this proposed rule percent, but retains the historical egory level days paid total days under the threshold criteria of Executive growth factor of 6.5 percent for ancillary Order 13132, Federalism, and we have payments. In 1998, the average payment Clinically Com- determined that it does not significantly per day was $205.41. The estimated plex ...... 35,304 4 affect the rights, roles, and swing-bed payment per day for 2002 Impaired Cog- responsibilities of States. nition ...... 4,737 1 under the existing method of Other ...... 72,293 8 List of Subjects reimbursement is $258.41. We then estimated the amount that Totals ...... 875,536 100 42 CFR Part 410 would have been paid for the same Health facilities, Health professions, services under the SNF PPS. This Our next step was to project the SNF Kidney diseases, Laboratories, estimate reflected both adjustments for PPS payments for these swing-bed Medicare, Rural areas, X-rays. geographic variation and case-mix. For services. For the purposes of this the geographic adjustment, we used the analysis, we used the calendar year 42 CFR Part 411 average rural wage index for FY 2001 frequency distribution and number of Kidney diseases, Medicare, Reporting (that is, 0.8700). For case-mix, although covered swing-bed days shown in Table and recordkeeping requirements. Medicare swing-bed claims do not 15. Unique nursing case-mix weights 42 CFR Part 413 include all of the data elements have already been developed for each necessary to classify patients in exactly level of the MEDPAR case-mix analog. Health Facilities, Kidney diseases, the same way as the patients would be These weights were used to adjust the Medicare, Puerto Rico, Reporting and classified in the RUG–III system, there proposed FY 2002 rural SNF PPS rates recordkeeping requirements. is enough information to assign set forth in this proposed rule to 42 CFR Part 424 Medicare swing-bed patients to RUG–III determine the SNF PPS rates used in categories at a general level. To generate this estimate. We adjusted these rates Emergency medical services, Health this classification, we used the for all BBRA and BIPA add-ons facilities, Health professions, Medicare. MEDPAR case-mix analog described in applicable for FY 2002. 42 CFR Part 482 detail in the SNF PPS interim final rule Based on our analysis, the FY 2002 Grant programs-health, Hospitals, published on May 12, 1998 (63 FR SNF PPS payment amount exceeds the 26252). As a result, we were able to Medicaid, Medicare, Reporting and projected payments under the current recordkeeping requirements. estimate how the national swing-bed swing-bed payment system for that year population would classify into RUG–III in 5 of the 10 case-mix analog categories 42 CFR Part 489 categories. We found that 69 percent of that included 79 percent of the swing Health facilities, Medicare, Reporting the covered days would be assigned to bed days. In fact, for the two most and recordkeeping requirements. just two RUG–III categories (or six common RUG-III categories, medium For the reasons set forth in the groups): medium rehabilitation and rehabilitation and extensive services, extensive services. preamble, 42 CFR chapter IV is the projected increases are substantial: proposed to be amended as follows: We also noted that 9 percent of the 14 percent for medium rehabilitation covered days were assigned to and 16 percent for extensive services. In PART 410—SUPPLEMENTARY categories that are not typically addition, records in two of the MEDICAL INSURANCE (SMI) associated with a Medicare level of care categories where the projected SNF PPS BENEFITS (impaired cognition and lower groups). rate is lower than the projected swing- We have not assumed that these claims bed payment amount under the present 1. The authority citation for part 410 were paid in error. Rather, we are system (impaired cognition and other) continues to read as follows: assuming that these patients had skilled group into much higher categories when Authority: Secs. 1102 and 1871 of the care needs other than ones that could be using the full RUG–III algorithm. Social Security Act (42 U.S.C. 1302 and captured using the MEDPAR case-mix In terms of aggregate Medicare 1395hh). analog, and we have included these expenditures, we estimate that the * * * * * stays in our analysis. transition to SNF PPS will increase payments for SNF-level swing-bed Subpart I—Payment of SMI Benefits TABLE 15.—RUG–III FREQUENCY DIS- services by 9 percent, or approximately TRIBUTION USING CALENDAR YEAR 2. In § 410.150, the introductory text $20 million, while the aggregate costs of paragraph (b) is republished, and 1999 CLAIMS will be approximately $20 million in paragraph (b)(14) is revised to read as benefits and 6.32 million for completion RUG–III cat- Number of Percent of follows: egory level days paid total days of the MDS assessments. Based on these estimates, we believe § 410.150 To whom payment is made. Ultra High the financial impact on swing-bed * * * * * Rehab ...... 30,618 3 providers will be positive, with the (b) Specific rules. Subject to the Very High anticipated 9 percent payment increase conditions set forth in paragraph (a) of Rehab ...... 33,687 4 serving to offset the estimated start-up this section, Medicare Part B pays as High Rehab ...... 76,596 9 costs associated with MDS completion follows: Medium Rehab 264,614 30 Low Rehab ...... 58,016 7 and transmission (described in section * * * * * Extensive Serv- VI.K of this proposed rule). (14) To an SNF for services (other ices ...... 288,131 33 Finally, in accordance with the than those described in § 411.15(p)(2) of Special Care ..... 11,540 1 provisions of Executive Order 12866, this chapter) that it furnishes to a
VerDate 11
resident (as defined in § 411.15(p)(3) of for purposes of this paragraph (along provisions of subparts A through G of this chapter) of the SNF who is not in with the SNF’s responsibility to furnish this part (other than paragraphs (c) and a covered Part A stay. or make arrangements for the services (d) of this section). * * * * * described in paragraph (p)(1) of this * * * * * section) ends when one of the following (c) Special rules for determining the PART 411—EXCLUSIONS FROM events occurs— reasonable cost of posthospital SNF MEDICARE AND LIMITATIONS ON * * * * * care furnished in cost reporting periods MEDICARE PAYMENT beginning prior to October 1, 2001. PART 413—PRINCIPLES OF 3. The authority citation for part 411 (d) Additional requirements—(1) REASONABLE COST continues to read as follows: General rule. For services furnished in REIMBURSEMENT; PAYMENT FOR Authority: Secs. 1102 and 1871 of the cost reporting periods beginning prior to END-STAGE RENAL DISEASE October 1, 2001, in order for Medicare Social Security Act (42 U.S.C. 1302 and SERVICES; PROSPECTIVELY 1395hh). payment to be made to a swing-bed DETERMINED PAYMENT RATES FOR hospital with more than 49 beds (but Subpart A—General Exclusions and SKILLED NURSING FACILITIES fewer than 100), the following payment Exclusion of Particular Services 5. The authority citation for part 413 requirements must be met: 4. In § 411.15, paragraph (p)(1) is is amended to read as follows: * * * * * revised, and paragraph (p)(2) Authority: Secs. 1102, 1812(d), 1814(b), 7. In § 413.337, paragraph (e) is added introductory text, paragraph (p)(2)(i), 1815, 1833(a), (i), and (n), 1871, 1881, 1883, to read as follows: 1886, and 1888 of the Social Security Act (42 and paragraph (p)(3) introductory text § 413.337 Methodology for calculating the are revised to read as follows: U.S.C. 1302, 1395d(d), 1395(f)b, 1395g, 1395l(a), (i), and (n), 1395hh, 1395rr, 1395tt, prospective payment rates. § 411.15 Particular services excluded from 1395ww, and 1395yy). * * * * * coverage. (e) Pursuant to section 101 of the * * * * * Subpart F—Specific Categories of Medicare, Medicaid, and SCHIP (p) Services furnished to SNF Costs Balanced Budget Refinement Act of residents. (1) Basic rule. Except as 6. In § 413.114: 1999 (BBRA) and revised by section 314 provided in paragraph (p)(2) of this a. Paragraph (a) is revised. of the Medicare, Medicaid, and SCHIP section, any service furnished to a b. In paragraph (c), the heading is Benefits Improvement and Protection resident of an SNF during a covered Part revised. Act of 2000 (BIPA), using the best A stay by an entity other than the SNF, c. Paragraph (d)(1) introductory text is available data, the Secretary will issue unless the SNF has an arrangement (as revised. a new regulation with a newly refined defined in § 409.3 of this chapter) with case-mix classification system to better that entity to furnish that particular § 413.114 Payment for posthospital SNF account for medically complex patients. service to the SNF’s residents. Services care furnished by a swing-bed hospital. Upon issuance of the new regulation, subject to exclusion under this (a) Purpose and basis. This section the temporary increases in payment for paragraph include, but are not limited implements section 1883 of the Act, certain high cost patients will no longer to— which provides for payment for be applicable. (i) Any physical, occupational, or posthospital SNF care furnished by * * * * * speech-language therapy services, rural hospitals and CAHs having a regardless of whether the services are swing-bed approval. PART 424—CONDITIONS FOR furnished by (or under the supervision (1) Services furnished in cost MEDICARE PAYMENT of) a physician or other health care reporting periods beginning prior to professional, and regardless of whether October 1, 2001. Posthospital SNF care 8. The authority citation for part 424 the resident who receives the services is furnished in general routine inpatient continues to read as follows: in a covered Part A stay; and beds in rural hospitals and CAHs is paid Authority: Secs. 1102 and 1871 of the (ii) Services furnished as an incident in accordance with the special rules in Social Security Act (42 U.S.C. 1302 and to the professional services of a paragraph (c) of this section for 1395hh). determining the reasonable cost of this physician or other health care 9. In § 424.20(a)(2), the heading is care. When furnished by rural and CAH professional specified in paragraph revised to read as follows: (p)(2) of this section. swing-bed hospitals approved after (2) Exceptions. The following services March 31, 1988 with more than 49 beds § 424.20 Requirements for posthospital are not excluded from coverage, (but fewer than 100), these services SNF care. provided that the claim for payment must also meet the additional payment (a) * * * includes the SNF’s Medicare provider requirements set forth in paragraph (d) (2) Special requirement for number in accordance with of this section. certifications performed prior to October § 424.32(a)(5) of this chapter: (2) Services furnished in cost 1, 2001: A swing-bed hospital with more (i) Physicians’ services that meet the reporting periods beginning on and after than 49 beds (but fewer than 100) that criteria of § 415.102(a) of this chapter for October 1, 2001. Posthospital SNF care does not transfer a swing-bed patient to payment on a fee schedule basis. furnished in general routine inpatient a SNF within 5 days of the availability * * * * * beds in rural hospitals (other than date. *** (3) SNF resident defined. For CAHs) is paid in accordance with the * * * * * purposes of this paragraph, a beneficiary provisions of the prospective payment who is admitted to a Medicare- system for SNFs described in subpart J Subpart C—Claims for Payment participating SNF is considered to be a of this part. Posthospital SNF care resident of the SNF. Whenever the furnished in general routine inpatient 10. In § 424.32, the introductory text beneficiary leaves the facility, the beds in CAHs is paid based on of paragraph (a) is republished, and beneficiary’s status as an SNF resident reasonable cost, in accordance with the paragraphs (a)(2) and (a)(5) are revised.
VerDate 11
§ 424.32 Basic requirements for all claims. arrangements made with them by the Cost Reports described above. The residual (a) A claim must meet the following SNF. For this purpose, a charge by ‘‘all other’’ cost category was divided into requirements: another provider or supplier for such an subcategories, using U.S. Department of item or service is treated as a charge by Commerce data sources for the nursing home * * * * * industry. Relationships from the 1997 (2) A claim for physician services, the SNF for the item or service, and is Business Expenditures Survey and data from clinical psychologist services, or clinical also prohibited. the 1997 Annual Input-Output tables were social worker services must include Note: This appendix will not appear in the used to allocate the all other cost category. appropriate diagnostic coding for those Code of Federal Regulations. Below we describe the source of the main services using ICD–9–CM. category weights and their subcategories in the proposed 1997-based market basket. * * * * * Appendix—Technical Features of the • Proposed 1997 Skilled Nursing Facility Wages and Salaries: The wages and (5) All Part B claims for services salaries cost category is derived using 1997 furnished to SNF residents (whether Market Basket Index SNF Medicare Cost Reports. The share was filed by the SNF or by another entity) As discussed in the preamble of this determined using wages and salaries from must include the SNF’s Medicare proposed rule, we propose to revise and Worksheet S–3, part II and total expenses provider number and appropriate rebase the SNF market basket. This appendix from Worksheet B. This share represents the HCPCS coding. describes the technical aspects of the 1997- wage and salary share of costs for employees of the nursing home, and does not include * * * * * based index that we are proposing in this rule. We present this description of the the wages and salaries from contract labor, which is allocated to wages and salaries at a PART 489—PROVIDER AGREEMENTS market basket in three steps: • A synopsis of the structural differences later step. • AND SUPPLIER APPROVAL between the 1992-and the 1997-based market Employee Benefits: The weight for 11. The authority citation for part 489 baskets. employee benefits was determined using • 1997 Medicare Cost Reports. The share was continues to read as follows: A description of the methodology used to develop the cost category weights in the derived using wage-related costs from Authority: Secs. 1102 and 1871 of the proposed 1997-based market basket. Worksheet S–3, part II. • Social Security Act (42 U.S.C. 1302 and • A description of the data sources used to Contract Labor: The weight for the 1395hh). measure price change for each component of contract labor cost category was derived the proposed 1997-based market basket, using 1997 Medicare Cost Reports. For the Subpart B—Essentials of Provider making note of the differences, if any, from proposed 1997-based SNF market basket, we Agreements the price proxies used in the 1992-based used an edited group of cost reports with market basket. data filled in for contract labor on Worksheet 12. In § 489.20, the introductory text S–3, part II. This methodology differed from is republished, and the introductory text I. Synopsis of Structural Changes Adopted in that of the 1992 SNF market basket (where of paragraph (s) is revised. the Proposed Revised and Rebased 1997 we estimated contract labor costs using data Skilled Nursing Facility Market Basket from Worksheet A) since Worksheet S–3, part § 489.20 Basic commitments. We are proposing just one major structural II, was not available in the 1992 Cost Reports. The provider agrees to the following: change between the current 1992-based and This methodology produces results that are * * * * * the proposed 1997-based SNF market similar to the contract labor share in the 1997 Business Expenditures Survey. Contract labor (s) In the case of an SNF, either to baskets, which is that more recent SNF cost data would be used in the proposed revised was not available in the 1992 Asset and furnish directly or make arrangements and rebased SNF market basket. Expenditure Survey. As explained in the (as defined in § 409.3 of this chapter) for The proposed 1997-based market basket preamble, contract labor costs were any physical, occupational, or speech- contains cost shares for six major cost distributed between the wages and salaries language therapy services furnished to a categories that were derived from an edited and employee benefits cost categories, under resident of the SNF under § 411.15(p) of set of FY 1997 Medicare Cost Reports for the assumption that contract costs should this chapter (regardless of whether the freestanding SNFs that had Medicare move at the same rate as direct labor costs resident is in a covered Part A stay), and expenses. FY 1997 cost reports have cost even though unit labor cost levels may be also either to furnish directly or make reporting periods beginning after September different. • Pharmaceuticals: The pharmaceuticals arrangements for all other Medicare- 30, 1996 and before October 1, 1997. The 1992-based market basket used data from the cost weight was derived from 1997 SNF covered services furnished to a resident PPS–9 Medicare Cost Reports for Medicare Cost Reports. This share was during a covered Part A stay, except the freestanding SNFs with Medicare expenses calculated using non-salary costs from the following: greater than 1 percent of total expenses. PPS– pharmacy and drugs charged to patients’ cost * * * * * 9 cost reports have cost reporting periods centers from Worksheet A. 13. In § 489.21, the introductory text beginning after September 30, 1991 and • Capital-Related: The weight for the is republished, and paragraph (h) is before October 1, 1992. Cost allocations for overall capital-related expenses cost category revised to read as follows: the proposed 1997-based SNF market basket was derived using 1997 SNF Medicare Cost within the six major cost categories use Report data from Worksheet B. The § 489.21 Specific limitations on charges. Medicare Cost Reports and two Department subcategory and vintage weights within the Except as specified in subpart C of of Commerce data sources: the 1997 Business overall capital-related expenses were derived using additional data sources. The this part, the provider agrees not to Expenditures Survey, Bureau of the Census, Economics and Statistics Administration, methodology for deriving these weights is charge a beneficiary for any of the and the 1997 Bureau of Economic Analysis’ described below. following: Annual Input-Output tables. In determining the subcategory weights for * * * * * capital, we used a combination of II. Methodology for Developing the Cost information from the 1997 SNF Medicare (h) Items and services (other than Category Weights those described in § 489.20(s)(1) through Cost Reports and the 1997 Census Business (15)) required to be furnished under Cost category weights for the proposed Expenditures Survey. We estimated the 1997-based market basket were developed in depreciation expense share of capital-related § 489.20(s) to a resident of an SNF two stages. First, base weights for six main expenses from the SNF Medicare Cost (defined in § 411.15(p) of this chapter), categories (wages and salaries, employee Reports using data from edited cost reports for which Medicare payment would be benefits, contract labor, pharmaceuticals, with data completed on Worksheet G. For the made if furnished by the SNF or by capital-related expenses, and a residual ‘‘all 1992-based SNF market basket, we had used other providers or suppliers under other’’) were derived from the SNF Medicare depreciation expenses from the 1992 Asset
VerDate 11
and Expenditure Survey. When we Reports. Interest expenses are not identifiable between fixed and movable lease expenses calculated the ratio of depreciation to wages in the 1997 Business Expenditures Survey. was directly available from the 1997 Business from the 1997 SNF Medicare Cost Reports, We determined the split of interest expense Expenditures Survey. We used this split, and the result was consistent with the ratio from between for-profit and not-for-profit facilities the distribution of depreciation and interest the 1997 Business Expenditures Survey. The based on the distribution of long-term debt calculated above to distribute leases among distribution between building and fixed outstanding by type of SNF (for-profit or not- these cost categories. The remaining residual equipment and movable equipment was for-profit) from the 1997 SNF Medicare Cost is considered to be other capital-related determined from the 1997 Business Reports. Interest expense (not including expenses (insurance, taxes, other). Other Expenditures Survey. From these interest expenses implicit from leases) was calculations, depreciation expenses (not estimated to be 24.3 percent of total capital- capital-related expenses were estimated to be including depreciation expenses implicit related expenditures in 1997. 7.7 percent of total capital-related from leases) were estimated to be 33.2 We used the 1997 Business Expenditures expenditures in 1997. percent of total capital-related expenditures Survey to estimate the proportion of capital- Table A–1 shows the capital-related in 1997. related expenses attributable to leasing expense distribution (including expenses The interest expense share of capital- building and fixed and movable equipment. from leases) in the proposed 1997 SNF PPS related expenses was also derived from the This share was estimated to be 34.9 percent market basket and the 1992 SNF market same edited 1997 SNF Medicare Cost of capital-related expenses in 1997. The split basket.
TABLE A–1.—CAPITAL-RELATED EXPENSE DISTRIBUTION
Proposed 1992-based 1997-based SNF capital- SNF capital- related related expenses * expenses *
Total ...... 100.0 100.0 Depreciation ...... 60.5 53.3 Building and Fixed Equipment ...... 42.1 36.5 Movable equipment ...... 18.4 16.8 Interest ...... 32.6 39.0 Other capital-related expense ...... 6.9 7.7 * As a percent of Total Capital-Related Expenses.
As explained in section III.B of the expenditure patterns of SNFs over time using therapy ancillary to routine costs, reflect real preamble, our methodology for determining alternative SNF data sources. For building capital purchases of building and fixed the price change of capital-related expenses and fixed equipment, we used the stock of equipment and movable equipment over accounts for the vintage nature of capital, beds in nursing homes from the HCFA time, respectively. which is the acquisition and use of capital National Health Accounts for 1962 through To obtain nominal purchases, which are over time. In order to capture this vintage 1997. We then used the change in the stock used to determine the vintage weights for nature, the price proxies must be vintage- of beds each year to approximate building interest, we converted the two real capital weighted. The determination of these vintage and fixed equipment purchases for that year. purchase series from 1963 through 1997 weights occurs in two steps. First, we must This procedure assumes that bed growth determined above to nominal capital determine the expected useful life of capital reflects the growth in capital-related costs in purchase series using their respective price and debt instruments in SNFs. Second, we SNFs for building and fixed equipment. We proxies (Boeckh institutional construction must identify the proportion of expenditures believe this assumption is reasonable since index and PPI for machinery and equipment). within a cost category that are attributable to the number of beds reflects the size of the each individual year over the useful life of SNF, and as the SNF adds beds, it also adds We then combined the two nominal series the relevant capital assets, or the vintage fixed capital. into one nominal capital purchase series for weights. For movable equipment, we used available 1963 through 1997. Nominal capital The derivation of useful life of capital is SNF data to capture the changes in intensity purchases are needed for interest vintage explained in detail in the May 12, 1998 of SNF services that would cause SNFs to weights to capture the value of the debt interim final rule (63 FR 26252). The useful purchase movable equipment. We estimated instrument. lives for the proposed 1997-based SNF the change in intensity as the trend in the Once these capital purchase time series market basket are the same as the 1992-based ratio of non-therapy ancillary costs to routine were created for 1963 through 1997, we SNF market basket. The data source that was costs from the 1989 through 1997 SNF averaged different periods to obtain an previously used to develop the useful lives Medicare Cost Reports. We estimated this average capital purchase pattern over time. of capital is no longer available and a suitable ratio for 1962 through 1988 using regression For building and fixed equipment we replacement has not been identified. We analysis. The time series of the ratio of non- averaged thirteen 23-year periods, for welcome comments on any data sources that therapy ancillary costs to routine costs for movable equipment we averaged twenty-six would provide the necessary information for SNFs measures changes in intensity in SNF 10-year periods, and for interest we averaged determining useful lives of capital and debt services, which are assumed to be associated fourteen 22-year periods. The vintage weight instruments. with movable equipment purchase patterns. for a given year is calculated by dividing the Given the expected useful life of capital The assumption here is that as non-therapy and debt instruments, we must determine the ancillary costs increase compared with capital purchase amount in any given year by proportion of capital expenditures routine costs, the SNF caseload becomes the total amount of purchases during the attributable to each year of the expected more complex and would require more expected useful life of the equipment or debt useful life by cost category. These movable equipment. Again, the lack of direct instrument. This methodology was described proportions represent the vintage weights. movable equipment purchase data for SNFs in full in the May 12, 1998 Federal Register We were not able to find an historical time over time required us to use alternative SNF (63 FR 26252). The resulting vintage weights series of capital expenditures by SNFs. data sources. The resulting two time series, for each of these cost categories are shown in Therefore, we approximated the capital determined from beds and the ratio of non- Table A–2.
VerDate 11
APPENDIX TABLE A–2.—VINTAGE thus, is an inferior price proxy for our • Chemicals: For measuring price change WEIGHTS FOR PROPOSED 1997- purpose. Even so, using the AHE for nursing in the Chemicals cost category, the PPI for homes has little effect on the percentage Industrial Chemicals is used. ASED APITAL ELATED B SNF PPS C -R change in the overall proposed 1997 SNF • Rubber and Plastics: For measuring price PRICE PROXIES market basket. If we used the AHE instead of change in the Rubber and Plastics cost the ECI, the average annual growth rate category, the PPI for Rubber and Plastic between 1995 and 2000 would have been Building Movable Products is used. Year and fixed equipment Interest higher by 0.1 percentage points per year. This • Paper Products: For measuring price equipment difference reflects skill mix shifts that would change in the Paper Products cost category, be reflected in other factors of an update the PPI for Converted Paper and Paperboard 1 ...... 0.082 0.083 0.025 framework as conceptualized in section IV of 2 ...... 0.086 0.088 0.028 is used. the preamble. In addition, while the ECI is • 3 ...... 0.085 0.089 0.031 for all nursing homes, not just SNFs, 77 Miscellaneous Products: For measuring 4 ...... 0.083 0.090 0.034 percent of employment in the nursing home price change in the Miscellaneous Products 5 ...... 0.077 0.091 0.038 industry in 1998 and 1999 was in SNFs. cost category, the PPI for Finished Goods less 6 ...... 0.069 0.097 0.042 While this wage measure includes other Food and Energy is used. This represents a 7 ...... 0.063 0.106 0.046 nursing homes in addition to skilled nursing change from the 1992 SNF market basket, in 8 ...... 0.060 0.111 0.049 facilities, we believe it adequately reflects the which the PPI for Finished Goods is used. 9 ...... 0.050 0.116 0.051 wage changes occurring in SNFs. It is also the Both food and energy are already adequately 10 .... 0.040 0.128 0.051 only acceptable statistical source for nursing represented in separate cost categories and 11 .... 0.040 ...... 0.052 home wages that met our criteria of should not also be reflected in this cost 12 .... 0.036 ...... 0.053 reliability, timeliness, accessibility, and category. 13 .... 0.030 ...... 0.051 relevance. • Telephone Services: The percentage 14 .... 0.020 ...... 0.050 B. Employee Benefits change in the price of Telephone Services as 15 .... 0.016 ...... 0.049 measured by the CPI–U is applied to this 16 .... 0.014 ...... 0.048 For measuring price growth in the component. 17 .... 0.012 ...... 0.049 proposed 1997-based market basket, the • Labor-Intensive Services: For measuring 18 .... 0.017 ...... 0.050 percentage change in the ECI for benefits for price change in the Labor-Intensive Services private nursing homes is used. The ECI for 19 .... 0.018 ...... 0.051 cost category, the ECI for Compensation for benefits for private nursing homes is also a 20 .... 0.023 ...... 0.051 Private Service Occupations is used. 21 .... 0.025 ...... 0.049 fixed-weight index that measures pure price • Non Labor-Intensive Services: For 22 .... 0.027 ...... 0.051 change and is not affected by shifts in measuring price change in the Non Labor- 23 .... 0.029 ...... occupation. Again, we believe that the ECI for nursing homes is the most acceptable and Intensive Services cost category, the CPI–U Total 1.000 1.000 1.000 appropriate benefit series available from for All Items is used. reliable, timely, accessible, and relevant D. Capital-Related Sources: 1997 SNF Medicare Cost Reports; statistical sources. HCFA, National Health Accounts. All capital-related expense categories have Note: Totals may not sum to 1.000 due to C. All Other Expenses the same price proxies as those used in the rounding. • Nonmedical professional fees: The ECI 1992-based SNF PPS market basket described • All Other: Subcategory weights for the for compensation for Private Industry in the May 12, 1998 Federal Register (63 FR All Other category were derived using Professional, Technical, and Specialty 26252). The price proxies for the SNF capital- information from two U.S. Department of Workers is used to measure price changes in related expenses are described below: • Commerce data sources. Weights for the three nonmedical professional fees. Depreciation—Building and Fixed • utilities cost categories, as well as that for Electricity: For measuring price change Equipment: The Boeckh Institutional telephone services, were derived from the in the electricity cost category, the PPI for Construction Index for unit prices of fixed Commercial Electric Power is used. assets. 1997 Business Expenditure Survey. Weights • for other cost categories were derived from Fuels, nonhighway: For measuring price • Depreciation—Movable Equipment: The the 1997 Annual Input-Output tables. change in the Fuels, Nonhighway cost PPI for Machinery and Equipment. category, the PPI for Commercial Natural Gas • Interest—Government and Nonprofit III. Price Proxies Used To Measure Cost is used. SNFs: The Average Yield for Municipal Category Growth • Water and Sewerage: For measuring Bonds from the Bond Buyer Index of 20 price change in the Water and Sewerage cost A. Wages and Salaries bonds. HCFA input price indexes, including category, the CPI–U (Consumer Price Index this rebased SNF index, appropriately reflect For measuring price growth in the wages for All Urban Consumers) for Water and and salaries cost component of the 1997- Sewerage is used. the rate of change in the price proxy and not based SNF market basket, we propose using • Food-wholesale purchases: For the level of the price proxy. While SNFs may the percentage change in the ECI for wages measuring price change in the Food- face different interest rate levels than those and salaries for private nursing homes. The wholesale purchases cost category, the PPI included in the Bond Buyer Index, the rate ECI for wages and salaries for private nursing for Processed Foods is used. of change between the two is not homes is a fixed-weight index that measures • Food-retail purchases: For measuring significantly different. the rate of change in employee wage rates per price change in the Food-retail purchases • Interest—For-profit SNFs: The Average hour worked. It measures pure price change cost category, the CPI–U for Food Away From Yield for Moody’s AAA Corporate Bonds. and is not affected by shifts among Home is used. This reflects the use of Again, the proposed rebased SNF index occupations. Average Hourly Earnings (AHE) contract food service by some SNFs. focuses on the rate of change in this interest confounds changes in the proportion of • Pharmaceuticals: For measuring price rate and not the level of the interest rate. different occupations with changes in change in the Pharmaceuticals cost category, • Other Capital-related Expenses: The earnings levels for a given occupation and, the PPI for Prescription Drugs is used. CPI–U for Residential Rent.
APPENDIX TABLE A–3.—A COMPARISON OF PRICE PROXIES USED IN THE 1992-BASED AND PROPOSED 1997-BASED SKILLED NURSING FACILITY MARKET BASKETS
1997-based Cost category 1992-based price proxy price proxy
Wages and Salaries ...... ECI for Wages and Salaries for Private Nursing Homes ...... Same. Employee Benefits ...... ECI for Benefits for Private Nursing Homes ...... Same.
VerDate 11
APPENDIX TABLE A–3.—A COMPARISON OF PRICE PROXIES USED IN THE 1992-BASED AND PROPOSED 1997-BASED SKILLED NURSING FACILITY MARKET BASKETS—Continued
1997-based Cost category 1992-based price proxy price proxy
Nonmedical professional fees ...... ECI for Compensation for Private Professional and Technical Same. Workers. Electricity ...... PPI for Commercial Electric Power ...... Same. Fuels ...... PPI for Commercial Natural Gas ...... Same. Water and sewerage ...... CPI–U for Water and Sewerage ...... Same. Food—Wholesale purchases ...... PPI—Processed Foods ...... Same. Food—Retail purchases ...... CPI–U—Food Away From Home ...... Same. Pharmaceuticals ...... PPI for Prescription Drugs ...... Same. Chemicals ...... PPI for Industrial Chemicals ...... Same. Rubber and plastics ...... PPI for Rubber and Plastic Products ...... Same. Paper products ...... PPI for Converted Paper and Paperboard ...... Same. Miscellaneous products ...... PPI for Finished Goods ...... PPI for Finished Goods less Food and En- ergy. Telephone services ...... CPI–U for Telephone Services ...... Same. Labor-intensive services ...... ECI for Compensation for private service occupations ...... Same. Non labor-intensive services ...... CPI–U for All Items ...... Same. Depreciation: Building and Fixed Equipment ...... Boeckh Institutional Construction Index ...... Same. Depreciation: Movable Equipment ...... PPI for Machinery and Equipment ...... Same. Interest: Government and Nonprofit SNFs ...... Average Yield Municipal Bonds (Bond Buyer Index-20 bonds) Same. Interest: For-profit SNFs ...... Average Yield Moody’s AAA Bonds ...... Same. Other Capital-related Expenses ...... CPI–U for Residential Rent ...... Same.
(Catalog of Federal Domestic Assistance Medicare-Supplementary Medical Insurance Dated: March 8, 2001. Program No. 93.773, Medicare-Hospital Program) Michael McMullan, Insurance Program; and No. 93.774, Acting Deputy Administrator, Health Care Financing Administration. Dated: April 23, 2001. Tommy G. Thompson, Secretary. [FR Doc. 01–11560 Filed 5–9–01; 8:45 am] BILLING CODE 4120–01–P
VerDate 11
Part III
Department of Agriculture Cooperative State Research, Education, and Extension Service
Alaska Native-Serving and Native Hawaiian-Serving Institutions Education Grants Program for Fiscal Year 2001; Request for Proposals and Request for Stakeholder Input; Notice
VerDate 11
DEPARTMENT OF AGRICULTURE Service; U.S. Department of Agriculture; V. Other Federal Statutes and Applicable STOP 2245; 1400 Independence Avenue Regulations Cooperative State Research, S.W., Washington, D.C. 20250–2245. Education, and Extension Service Written stakeholder comments should A. Legislative Authority be submitted by mail to: Policy and Authority for this program is Alaska Native-Serving and Native Program Liaison Staff; Office of contained in section 759 of Public Law Hawaiian-Serving Institutions Extramural Programs; USDA-CSREES; 106–78, the FY 2000 ‘‘Agriculture, Rural Education Grants Program for Fiscal STOP 2299; 1400 Independence Avenue Development, Food and Drug Year 2001; Request for Proposals and S.W.; Washington, D.C. 20250–2299; or Administration, and Related Agencies Request for Stakeholder Input via e-mail to: [email protected]. Appropriations Act’’ (7 U.S.C. 3242). In AGENCY: Cooperative State Research, (This e-mail address is intended only for the FY 2001 ‘‘Agriculture, Rural Education, and Extension Service, receiving stakeholder comments Development, Food and Drug USDA. regarding this RFP, and not for Administration, and Related Agencies requesting information or forms.) In Appropriations Act’’ (Pub. L. 106–387), ACTION: Notice of request for proposals Congress appropriated $3,000,000 for a and request for stakeholder input. your comments, please state that your are responding to the FY 2001 Alaska program of noncompetitive grants, to be SUMMARY: The Cooperative State Native-Serving and Native Hawaiian- awarded on an equal basis, to Alaska Research, Education, and Extension Serving Institutions Education Grants Native-Serving and Native Hawaiian- Service (CSREES) is announcing the Program. Serving Institutions to carry out higher education programs in the food and Alaska Native-Serving and Native FOR FURTHER INFORMATION CONTACT: Dr. agricultural sciences. Hawaiian-Serving Institutions Jeffrey L. Gilmore, Higher Education Education Grants Program for Fiscal Programs; Cooperative State Research, B. Catalog of Federal Domestic Year (FY) 2001. Proposals are hereby Education, and Extension Service; U.S. Assistance requested from eligible institutions as Department of Agriculture; STOP 2251; This program is listed in the Catalog identified herein for consideration of 1400 Independence Avenue S.W.; grant awards. of Federal Domestic Assistance under Washington, D.C. 20250–2251; No. 10.228, Alaska Native-Serving and By this notice, CSREES also requests telephone: (202) 720–1973; e-mail: stakeholder input from any interested Native Hawaiian-Serving Institutions [email protected]. Education Grants Program. party regarding the FY 2001 Alaska Stakeholder Input: CSREES is Native-Serving and Native Hawaiian- requesting comments regarding this C. Purpose of the Program Serving Institutions Education Grants solicitation of applications from any Grants will be made to eligible Program Request for Proposals (RFP) for interested party. In your comments, institutions for the purpose of use in development of any future RFPs please include the name of the program promoting and strengthening the ability for this program. and the fiscal year RFP to which you are of Alaska Native-Serving Institutions DATES: Proposals must be received on or responding. These comments will be and Native Hawaiian-Serving before 5:00 P.M. July 6, 2001. Proposals considered in the development of the Institutions to carry out higher received after this date will not be next RFP for the program. Such education programs in the food and considered for funding. comments will be used in meeting the agricultural sciences. Projects funded by Comments regarding this RFP are requirements of section 103(c)(2) of the this program in FY 2001 must be aimed invited for six months from the issuance Agricultural Research, Extension, and at persons enrolled in or teaching at an of this notice. Comments received after Education Reform Act of 1998, 7 U.S.C. institution of higher education. Grant that date will be considered to the 7613(c). Comments should be submitted funds also may be used for other extent practicable. as provided in the ‘‘Addresses’’ and education programs that have a direct ADDRESSES: Hand-delivered proposals ‘‘Dates’’ portions of this Notice. and explicit connection to higher (brought in person by the applicant or SUPPLEMENTARY INFORMATION: education, such as recruitment, through a courier service) must be mentoring, and support programs for delivered to the following address: Table of Contents under-represented students at the high Alaska Native-Serving and Native A. Legislative Authority school level in order to enhance Hawaiian-Serving Institutions B. Catalog of Federal Domestic Assistance education equity and prepare them for Education Grants Program; ‘‘ Proposal C. Purpose of the Program advanced study at the collegiate level Services Unit; Office of Extramural D. Eligible Institutions and for careers related to the food, Programs; Cooperative State Research, E. Demonstration or Certification of agricultural, and natural resource Education, and Extension Service; U.S. Eligibility systems of the United States. Department of Agriculture; Room 1307, F. Available Funds The use of grant funds to plan, G. Scope of Activities to be Funded Waterfront Centre; 800 9th Street S.W.; H. Proposal Submission Limitations acquire, or construct a building or Washington, D.C. 20024. The telephone I. Project Duration facility is not allowed under this number is (202) 401–5048. Proposals J. Matching Requirements program. With prior approval, and in transmitted via a facsimile (fax) K. Number and Size of Awards accordance with the cost principles set machine or via e-mail will not be L. Indirect Costs forth in OMB Circular No. A–21, some accepted. M. Types of Proposals grant funds may be used for minor Proposals submitted through the U.S. N. Maximum Number of Grants or Sub- alterations, renovations, or repairs Postal Service should be sent to the Grants Per Institution deemed necessary to retrofit existing following address: Alaska Native- O. Proposal Evaluation teaching spaces in order to carry out a P. How to Obtain Application Materials Serving and Native Hawaiian-Serving Q. What to Submit funded project. However, requests to Institutions Education Grants Program; R. Number of Copies to Submit use grant funds for such purposes must ‘‘ Proposal Services Unit; Office of S. Where and When to Submit demonstrate that such expenditures are Extramural Programs; Cooperative State T. Acknowledgment of Proposals essential to achieving the major purpose Research, Education, and Extension U. Intent to Submit a Proposal for which the grant request is made.
VerDate 11
Note that in FY 2001, research and president, or chief executive officer or $2,873,664 for grant awards. Of this community development projects will other designated official of the applicant amount, half will be awarded non- not be supported. organization, who has the authority to competitively to eligible institutions in commit the resources of the Alaska ($1,436,832) and half will be D. Eligible Institutions organization. The AOR must certify that: awarded non-competitively to eligible Only public or private, nonprofit (1) The institution, or parent institutions in Hawaii ($1,436,832). Alaska Native-Serving and Native institution in the case of an independent CSREES has determined that the Hawaiian-Serving Institutions of higher branch campus, is legally authorized by amounts available to each State will be education that meet the definitions of the State in which it is located to allocated equally to all eligible Alaska Native-Serving Institution or provide an educational program for institutions that submit grant Native Hawaiian-Serving Institution which it awards an associate’s or applications in response to this notice. established in Title III, Part A of the bachelor’s degree, or that it is a junior Higher Education Act of 1965, as or community college; G. Scope of Activities To Be Funded amended (20 U.S.C. section 1059d.) are (2) The institution, or parent Institutions receiving funds under this eligible institutions under this program. institution in the case of an independent program must use the funds for the Only individual institutions, including branch campus, is accredited by a purpose of promoting and strengthening independent branch campuses, may nationally recognized accrediting the abilities of Alaska Native-Serving or apply for grant awards under this agency or association determined by the Native Hawaiian-Serving Institutions to program. A higher education system, Secretary of Education to be a reliable carry out higher education programs in foundation, or district may not apply on authority as to the quality of training the food and agricultural sciences. behalf of individual institutions. An offered, or making reasonable progress CSREES intends this program to address ‘‘independent branch campus’’ means a toward such accreditation; higher education needs, as determined unit of a 2-year or 4-year institution of (3) At least 50 percent of enrolled by each institution, within a broadly higher education that is geographically degree students are receiving need- defined arena of food and agricultural apart from the main campus, is based assistance under Title IV of the sciences-related disciplines. permanent in nature, offers courses for Higher Education Act, or that a Food and agricultural sciences higher credit and programs leading to an substantial percentage of students are education programs are defined to associate or bachelor’s degree, and is receiving Pell Grants in comparison include academic programs in autonomous to the extent that it has its with the percentage of students agriculture, food and fiber, renewable own faculty and administrative or receiving Pell Grants at all similar natural resources, forestry, aquaculture, supervisory organization and its own institutions (institution of higher veterinary medicine, family and budgetary and hiring authority. education, or junior or community consumer sciences, home economics, college); nutrition and dietetics, and other higher E. Demonstration or Certification of (4) Unless waived by the Secretary of education activities and fields of study Eligibility Education, the average educational and related to the production, processing, At the time of application, each general expenditures per full-time marketing, distribution, conservation, institution will be required to equivalent undergraduate student are utilization, consumption, and demonstrate or certify that it is an low in comparison with the average development of food and agriculturally eligible institution under this program. educational and general expenditures related products and services. If an institution has received a per full-time equivalent student at Grants shall be used: ‘‘Designation as an Eligible Institution’’ institutions that offer similar (1) To support the activities of letter for FY 2001 funding under the instruction; and consortia of Alaska Native-Serving or Title III, Part A, Alaska Native-Serving (5) For an Alaska Native-Serving Native Hawaiian-Serving Institutions to Institutions Program or the Native Institution, at the time of application, it enhance educational equity for under Hawaiian-Serving Institutions Program has an enrollment of undergraduate represented students; from the U.S. Department of Education, students that is at least 20 percent (2) To strengthen institutional the institution may submit a copy of the Alaska Native students (where the term education capacities, including letter along with its application to ‘‘Alaska Native’’ has the meaning given libraries, curriculum, faculty, scientific satisfy the demonstration of eligibility the term in section 9308 of the instrumentation, instruction delivery requirement. Elementary and Secondary Education systems, and student recruitment and If an institution currently has a Title Act of 1965 [20 U.S.C. 7938]); or retention, in order to respond to III, Part A grant from the U.S. (6) For a Native Hawaiian-Serving identified State, regional, national, or Department of Education that does not Institution, at the time of application, it international educational needs in the end prior to September 30, 2001, the has an enrollment of undergraduate food and agriculture sciences; institution may submit a copy of the students that is at least 10 percent (3) To attract and support ‘‘Notice of Award’’ letter for that grant Native Hawaiian students (where the undergraduate and graduate students along with its application to satisfy the term ‘‘Native Hawaiian’’ has the from under represented groups in order demonstration of eligibility meaning given the term in section 9212 to prepare them for careers related to the requirement. of the Elementary and Secondary food, agricultural, and natural resource Otherwise, an institution must submit Education Act of 1965 [20 U.S.C. 7912]). systems of the United States, beginning a letter, signed by the institution’s with the mentoring of students at the ‘‘authorized organizational F. Available Funds high school level, and continuing with representative’’ (AOR) certifying that it The $3,000,000 appropriated for FY the provision of financial support for meets the requirements of an Alaska 2001, is reduced by $6,600 to reflect the students through their attainment of a Native-Serving Institution or Native 0.22 percent government-wide recission, doctoral degree; or Hawaiian-Serving Institution as defined and $119,736 is retained by the (4) To facilitate cooperative initiatives in the Higher Education Act of 1965, as Cooperative State Research, Education, between two or more Alaska Native- amended (20 U.S.C. 1059d.). The and Extension Service (CSREES) for Serving or Native Hawaiian-Serving institution’s AOR is defined to mean the Federal Administration costs, leaving Institutions, or between Alaska Native-
VerDate 11
Serving or Native Hawaiian-Serving consortium and submit a ‘‘consortium the project, building institutional Institutions and units of State grant proposal.’’ In such cases, one capacity, advancing education equity, government or the private sector, to institution is to be designated as the continuation plans, innovation, maximize the development and use of ‘‘lead institution.’’ The lead institution multidisciplinary focus, and expected resources, such as faculty, facilities, and will receive the award on behalf of all products and results. equipment, to improve food and the consortium members and will be Proposed Approach—35 Points agricultural sciences teaching programs. responsible for managing the grant. The other consortium members will be sub- This criterion relates to the soundness H. Proposal Submission Limitations grantees of the primary award. All of the proposed approach and includes Each institution may submit one consortium members must be eligible objectives, plan of operation, timetable, application for funding. institutions under this program. A evaluation and dissemination plans, and consortium grant proposal must contain partnerships and collaborative efforts. I. Project Duration a separate plan of work and a separate Key Personnel—20 Points A project proposal may request budget for each consortium member, as funding for a project period from 12 well as an overall project plan of work This criterion relates to the adequacy months up to 36 months duration (from and overall budget from the lead of the number and qualifications of the one to three years). institution. A consortium project will be key persons who will carry out the project. J. Matching Requirement awarded grant funds in proportion to the number of consortium members CSREES encourages, but does not Institutional Commitment and (e.g., approximately $140,000 to Resources—15 Points require, non-Federal matching support $150,000 times the number of for this program. Documentation of institutions), and each consortium This criterion relates to the matching support is neither required member is to receive funds on an equal institution’s commitment to the project nor requested. basis. Budget forms should reflect these and the adequacy of institutional requirements and estimates. resources available to carry out the K. Number and Size of Awards project. The number of grants awarded in FY N. Maximum Number of Grants or Sub- Budget and Cost-Effectiveness—10 2001, and the amount of funds available Grants Per Institution Points to each institution in FY 2001, will Only one grant may be awarded to depend on the number of institutions any single institution or eligible branch This criterion relates to the extent to submitting grant applications in campus under the Alaska Native- which the total budget adequately response to this notice. If all institutions Serving and Native Hawaiian-Serving supports the project and is cost- currently eligible for Title III, Part A Institutions Education Grants Program. effective. Elements considered include grants from the U.S. Department of This ceiling includes sub-grant awards the necessity and reasonableness of Education submit acceptable made under a consortium arrangement costs to carry out project activities and applications to this program, CSREES (i.e., an institution may not participate achieve project objectives; the estimates it will make 19 or 20 awards, as a sub-grantee on a consortium grant appropriateness of budget allocations one to each eligible institution, of and also receive a regular grant on its between the applicant and any $140,000 to $150,000 each. Application own). Individuals may participate in collaborating institution(s); the budgets should reflect these estimates. multiple grant projects and may be adequacy of time committed to the project by key project personnel; and L. Indirect Costs compensated through multiple subcontracts for consultant services. the degree to which the project Indirect costs are allowable costs maximizes the use of limited resources, under this program. The applicant O. Proposal Evaluation optimizes educational value for the should use the institution’s approved Although project grants will be dollar, achieves economies of scale, negotiated instruction indirect cost rate awarded non-competitively, all leverages additional funds, includes (or research rate if there is no negotiated proposed projects will be reviewed by sound quality-control measures, and instruction rate). An institution may CSREES to determine whether the focuses expertise and activity on elect and is encouraged to request, project plan of work is consistent with targeted educational areas. commensurate with planned grant the guidelines contained in this notice. P. How To Obtain Application activities, an amount less than the full Each proposed project also will be Materials negotiated indirect cost rate. evaluated for its technical merit by CSREES staff and by expert educators An Application Kit containing M. Types of Proposals and scientists from other Federal program application materials will be An eligible institution or independent agencies as needed. CSREES staff will made available to eligible institutions branch campus may submit a ‘‘regular consider the following criteria and upon request. These materials include grant proposal’’ for project activities to weights when evaluating the technical all the application and budget forms, be undertaken principally on behalf of merit of the proposals submitted: instructions, and other relevant its own students or faculty, and to be information needed to prepare and managed primarily by its own Potential for Advancing the Quality of submit grant applications. Copies of the personnel. CSREES estimates that Education—20 Points Application Kit may be requested from awards for a regular grant proposal will This criterion is used to assess the the Proposal Services Unit; Office of be in the range of $140,000 to $150,000 likelihood that the project will have an Extramural Programs; Cooperative State each. Budget forms submitted with grant impact on the quality of food and Research, Education, and Extension applications should reflect this estimate. agricultural sciences higher education Service; U.S. Department of Agriculture; To facilitate inter-institutional by promoting and strengthening STOP 2245; 1400 Independence cooperation and collaborative institutional capacities to meet clearly Avenue, SW.; Washington, DC 20250– initiatives, two or more eligible delineated needs. Elements include 2245. The telephone number is (202) institutions within a State may form a identification of needs, justification for 401–5048. When contacting the
VerDate 11
Proposal Services Unit, please indicate this notice; (e) a detailed explanation of prepared using no type smaller than 12 that you are requesting forms for the FY the procedures that will be used to point font size and one-inch margins. 2001 Alaska Native-Serving and Native achieve the project objectives; (f) a The entire proposal should be Hawaiian-Serving Institutions description of the personnel who will paginated. All copies of the proposal Education Grants Program. conduct the project, including an must be submitted in one package. Each Application materials may also be outline of who will be responsible for copy of the proposal must be stapled requested via Internet by sending a each activity; (g) a detailed timeline securely in the upper left-hand corner message with your name, mailing showing the schedule for conducting (Do not bind). address (not e-mail) and telephone the project; (h) the criteria and number to [email protected] that states procedures to be used for tracking the S. Where and When To Submit that you wish to receive a copy of the progress and accomplishments of the Hand-delivered proposals (brought in application materials for the FY 2001 project, including any data and person by the applicant or through a Alaska Native-Serving and Native methodologies that will be used to courier service) must be received on or Hawaiian-Serving Institutions analyze the extent to which project before 5 P.M. July 6, 2001, at the Education Grants Program. The objectives were met; (i) a list of expected following address: Alaska Native- materials will then be mailed to you project outcomes and products, Serving and Native Hawaiian-Serving (not e-mailed) as quickly as possible. including new courses, videos, CDs, Institutions Education Grants Program; Q. What To Submit other teaching materials, etc. and (j) plans for disseminating anticipated c/o Proposal Services Unit; Office of Each institution must submit the products and outcomes resulting from Extramural Programs; Cooperative State following forms, information, and the project. Research, Education, and Extension documentation in an application (6) A re´sume´ or curriculum vita (C.V.) Service; U.S. Department of Agriculture; package so that it arrives on or before for each faculty member or staff person Room 1307, Waterfront Centre; 800 9th the due date stated in this notice: contributing significantly to the project Street, SW., Washington, DC 20024. The (1) A Form CSREES–712, ‘‘Higher (Form CSREES–708, ‘‘Summary Vita’’ telephone number is (202) 401–5048. Education Proposal Cover Page,’’ must may be used for this purpose); Proposals transmitted via a facsimile be completed in its entirety, and one (7) A Form CSREES–713, ‘‘Higher (fax) machine will not be accepted. copy of the form must contain the pen- Education Budget’’ for each year of Proposals submitted through the U.S. and-ink signatures of the project requested support, including budget Postal Service must be received on or director(s) and AOR for the applicant forms for the lead institution and each institution; before 5 P.M. July 6, 2001. Proposals consortium member for a consortium submitted through the U.S. Postal (2) A ‘‘Table of Contents,’’ for ease in grant proposal; locating information in the application Service should be sent to the following (8) A summary budget, for multi-year address: Alaska Native-Serving and package, must be placed immediately and consortium projects, detailing following the proposal cover page; Native Hawaiian-Serving Institutions requested support for the overall project Education Grants Program; c/o Proposal (3) Documentation of eligibility, or a period (use Form CSREES–713, ‘‘Higher Services Unit; Office of Extramural letter certifying eligibility signed by the Education Budget’’); AOR, for each institution that is a party (9) A ‘‘Budget Narrative’’ providing Programs; Cooperative State Research, to a grant application (i.e., detailed explanation and justification Education, and Extension Service; U.S. documentation from each of the for each requested budget line item; Department of Agriculture; STOP 2245; institutions participating in a (10) A completed Form CSREES–663, 1400 Independence Avenue, SW., consortium grant), as outlined in section ‘‘Current and Pending Support’’ for each Washington, DC 20250–2245. The E. ‘‘Demonstration or Certification of key person who will be working on the telephone number is (202) 401–5048. Eligibility’’ of this notice; project; T. Acknowledgment of Proposals (4) A one page ‘‘Project Summary’’ (11) A Form CSREES–1234, ‘‘National outlining the need for the project and Environmental Policy Act Exclusions The receipt of all proposals will be the plan of work, and including the Form’’ covering planned project acknowledged by e-mail, therefore name of the institution(s), project title, activities; and applicants are encouraged to provide e- and project director(s); (12) A Form CSREES–662, mail addresses, where designated, on (5) A detailed ‘‘Plan of Work’’ from ‘‘Assurance Statement(s)’’ covering the Form CSREES–661. The the applicant institution (and from each planned project activities. acknowledgment will contain an of the other institutions participating in Supplemental material such as the proposal in the case of a consortium identifying proposal number. Once your photographs, journal reprints, proposal has been assigned a proposal grant) limited to ten, double-spaced brochures, and other pertinent materials pages for each eligible institution that is number, please cite that number in deemed to be illustrative of major points future correspondence. If the applicant a party to the grant application of the proposal but unsuitable for containing: (a) A general statement of does not receive an acknowledgment inclusion in the proposal narrative within 60 days of the submission the institution’s long-range goals and itself, may be placed in an ‘‘Appendix’’ deadline, please contact the person how the proposed project aligns with and attached to the end of the proposal. those goals; (b) a statement detailing the listed in the FOR FURTHER INFORMATION higher education needs the project will R. Number of Copies to Submit section of this notice. address; (c) the objectives of the An original and six (6) copies of a U. Intent To Submit a Proposal proposed project; (d) a justification for proposal must be submitted. Proposals the project explaining how the proposed should contain all requested For the FY 2001 competition, Form project will help the institution enhance information when submitted. Each CSREES–711, ‘‘Intent to Submit a its academic programs, and promote and proposal should be typed on 81⁄2″ x 11″ Proposal,’’ is NOT requested or required strengthen its abilities to carry out white paper, double-spaced, and on one for the Alaska Native-Serving and higher education programs in the food side of the page only. Please note that Native Hawaiian-Serving Institutions and agricultural sciences as outlined in the text of the proposal should be Education Grants Program.
VerDate 11
V. Applicable Regulations and Other incorporating provisions of 31 U.S.C. 29 U.S.C. 794 (section 504, Federal Statutes 6301–6308, as well as general policy Rehabilitation Act of 1973) and 7 CFR Several other Federal statutes and requirements applicable to recipients Part 15B (USDA implementation of regulations apply to grant proposals of Departmental financial assistance statute)—prohibiting discrimination 7 CFR Part 3017, as amended—USDA considered for review and to project based upon physical or mental Implementation of Governmentwide grants awarded under this program. handicap in Federally assisted Debarment and Suspension These include but are not limited to: programs. (Nonprocurement) and 7 CFR Part 1, subpart A—USDA Governmentwide Requirements for 35 U.S.C. 200 et seq.—Bayh-Dole Act, implementation of Freedom of Drug-Free Workplace (Grants) controlling allocation of rights to Information Act 7 CFR Part 3018—USDA inventions made by employees of 7 CRF Part 1b—USDA Implementation Implementation of Restrictions on small business firms and domestic of the National Environmental Policy Lobbying nonprofit organizations, including Act 7 CFR Part 3019—USDA Uniform universities, in Federally assisted 7 CFR Part 3—USDA implementation of Administrative Requirements for programs (implementing regulations OMB Circular No. A–129 regarding Grants and Agreements With are contained in 37 CFR Part 401). debt collection Institutions of Higher Education, Done at Washington, DC, this 2nd day of 7 CFR Part 15, subpart A—USDA Hospitals, and Other Nonprofit May, 2001. implementation of Title VI of the Civil Organizations Rights Act of 1964 7 CFR Part 3052—USDA Colien Hefferan, 7 CFR Part 3015—USDA Uniform implementation of OMB Circular No. Administrator, Cooperative State Research, Federal Assistance Regulations, A–133, Audits of States, Local Education, and Extension Service. implementing OMB directives (i.e. Governments, and Other Nonprofit [FR Doc. 01–11818 Filed 5–9–01; 8:45 am] Circular Nos. A–21 and A–122) and Organizations BILLING CODE 3410–22–P
VerDate 11
Reader Aids Federal Register Vol. 66, No. 91 Thursday, May 10, 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 25 ...... 22426, 22428, 23086 27...... 23538 Proclamations: Presidential Documents 29...... 23538 7430...... 22103 39 ...... 21851, 21852, 21853, Executive orders and proclamations 523–5227 7431...... 22423 21855, 21859, 22431, 22432, The United States Government Manual 523–5227 7432...... 23533 7433...... 23535 22908, 22910, 22913, 22915, Other Services 7434...... 23831 23155, 23538, 23541, 23834, 23836, 23838, 23840 Executive Orders: Electronic and on-line services (voice) 523–4534 65...... 23543 13183 (Amended by Privacy Act Compilation 523–3187 71 ...... 21639, 23557, 23558, EO 13209)...... 22105 Public Laws Update Service (numbers, dates, etc.) 523–6641 23560 13209...... 22105 TTY for the deaf-and-hard-of-hearing 523–5229 91...... 23086, 23543 13210...... 22895 97...... 22435, 22437 105...... 23543 ELECTRONIC RESEARCH 5 CFR 1600...... 22088 119...... 23543 World Wide Web 1601...... 22092 121...... 23086 125...... 23086 Full text of the daily Federal Register, CFR and other Proposed Rules: 129...... 23086 publications: 1604...... 21693 382...... 22107 http://www.access.gpo.gov/nara 7 CFR Proposed Rules: Federal Register information and research tools, including Public 930...... 21836 23...... 23199 Inspection List, indexes, and links to GPO Access: 1240...... 21824 39 ...... 21697, 21699, 21700, 21703, 21892, 21893, 21896, http://www.nara.gov/fedreg 1309...... 23833 1410...... 22098 21898, 22478, 22479, 22482, E-mail 1779...... 23135 22484, 22486, 23632 71...... 22489, 22490 PENS (Public Law Electronic Notification Service) is an E-mail 1780...... 23135 service for notification of recently enacted Public Laws. To 1980...... 23135 15 CFR subscribe, send E-mail to Proposed Rules: 29...... 21888 902...... 21639 [email protected] 981...... 21888 16 CFR with the text message: 9 CFR 801...... 23561 subscribe PUBLAWS-L your name 94...... 22425 802...... 23561 Use [email protected] only to subscribe or unsubscribe to 362...... 21631, 22899 803...... 23561 PENS. We cannot respond to specific inquiries. 381...... 21631, 22899 Proposed Rules: 1700...... 22491 Reference questions. Send questions and comments about the 10 CFR Federal Register system to: 17 CFR 9...... 22907 [email protected] 72...... 23537 240...... 21648 The Federal Register staff cannot interpret specific documents or 490...... 21851 241...... 22916 1044...... 23833 regulations. 19 CFR Proposed Rules: 102...... 21660, 23981 FEDERAL REGISTER PAGES AND DATE, MAY 50...... 22134 600...... 23197 132...... 21664 21631–21850...... 1 163...... 21664 11 CFR 21851–22106...... 2 Proposed Rules: 4...... 21705 22107–22424...... 3 100...... 23537 109...... 23537 24...... 21705 22425–22898...... 4 110...... 23537 101...... 21705 22899–23134...... 7 Proposed Rules: 21 CFR 23135–23532...... 8 100...... 23628 23533–23830...... 9 104...... 23628 173...... 22921 23831–24042...... 10 109...... 23628 510 ...... 22116, 22118, 23588 520...... 22116, 23588 12 CFR 522 ...... 22116, 22118, 23588 8...... 23151 524...... 22116 552...... 23153 529...... 22116 Proposed Rules: 556...... 23589 552...... 23198 558 ...... 21861, 22116, 22118, 951...... 23864 23588 803...... 23155 14 CFR Proposed Rules: 21...... 23086 864...... 23634
VerDate 11-MAY-2000 19:53 May 09, 2001 Jkt 194001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\10MYCU.LOC pfrm04 PsN: 10MYCU ii Federal Register / Vol. 66, No. 91 / Thursday, May 10, 2001 / Reader Aids
23 CFR 173...... 21671 101–21...... 23169 22499 630...... 23845 Proposed Rules: 102–85...... 23169 302–11...... 23177 Proposed Rules 117...... 23638, 23640 48 CFR 710...... 23636 140...... 23871 Proposed Rules: 151...... 22137 Ch. 300 ...... 22491 Ch. 1 ...... 22082 24 CFR 160...... 21710 Ch. 304 ...... 22491 2...... 22082 164...... 21899 37...... 22082 Proposed Rules 165...... 21715 42 CFR 39...... 22084 888...... 23770 175...... 21717 Proposed Rules: Proposed Rules: 405...... 22646 9...... 23134 25 CFR 37 CFR 410...... 23984 14...... 23134 11...... 22118 Proposed Rules: 411...... 23984 15...... 23134 1...... 23642 26 CFR 412...... 22646 31...... 23134 2...... 23642 413...... 22646, 23984 52...... 23134 1...... 22286 201...... 22139 424...... 23984 Proposed Rules: 38 CFR 482...... 23984 49 CFR 1...... 21844, 23868 485...... 22646 301...... 23868 3 ...... 21871, 23166, 23763 486...... 22646 1...... 23180 17...... 23326 27...... 22107 27 CFR 489...... 23984 Proposed Rules: Proposed Rules: 9...... 23589 36...... 23873 44 CFR 26...... 23208 250...... 21667 39 CFR 64...... 22936 107...... 22080 Proposed Rules: 65...... 22438 365...... 22371 Proposed Rules: 9...... 21707 206...... 22443 368...... 22328 111...... 21720 Proposed Rules: 383...... 22499 28 CFR 40 CFR 62...... 23200, 23874 384...... 22499 25...... 22898 52 ...... 21675, 21875, 22123, 385...... 22415 45 CFR 387...... 22328 29 CFR 22125, 22922, 22924, 23612, 23615, 23849 270...... 23854 390...... 22499 2202...... 21670 62...... 22927, 23851 46 CFR 30 CFR 81...... 22125 50 CFR 180...... 22128, 22930 205...... 23860 925...... 23593 261...... 21877, 23617 Proposed Rules: 17...... 22938, 23181 936...... 23605 1611...... 23853 67...... 21902 216...... 22133, 22450 Proposed Rules: 600...... 22467 Proposed Rules: 47 CFR 904...... 23868 52 ...... 21721, 21727, 21901, 648 ...... 21639, 22473, 23182, 22140, 22141, 22970, 23645 20...... 22445 23625 33 CFR 62...... 22970, 23884 54...... 22133 660...... 22467, 23185 100...... 23849 81...... 22141, 23646 64...... 22447 679 ...... 21691, 21886, 21887, 117 ...... 21862, 23157, 23159, 144...... 22971 68...... 23625 23196 23161, 23162, 23163, 23608, 146...... 22971 73 ...... 21679, 21680, 21681, Proposed Rules: 23610 258...... 23652 22448, 22449, 22450, 23861 17 ...... 22141, 22983, 22994 164...... 21862 Proposed Rules: 622...... 22144 165 ...... 21864, 21866, 21868, 41 CFR 54...... 23204 635...... 22994 21869, 22121, 23163 101–20...... 23169 73 ...... 21727, 21728, 22498, 660...... 23660
VerDate 11-MAY-2000 19:53 May 09, 2001 Jkt 194001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\10MYCU.LOC pfrm04 PsN: 10MYCU Federal Register / Vol. 66, No. 91 / Thursday, May 10, 2001 / Reader Aids iii
REMINDERS promulgation; various Louisiana; comments due by The items in this list were COMMENTS DUE NEXT States: 5-18-01; published 3-19- editorially compiled as an aid WEEK California; comments due by 01 to Federal Register users. 5-14-01; published 3-30- TRANSPORTATION Inclusion or exclusion from AGRICULTURE 01 DEPARTMENT this list has no legal DEPARTMENT Idaho; comments due by 5- Federal Aviation significance. Animal and Plant Health 14-01; published 4-12-01 Administration Inspection Service Ohio; comments due by 5- Airworthiness directives: Exportation and importation of 17-01; published 4-17-01 RULES GOING INTO Aerospatiale; comments due animals and animal Pennsylvania; comments by 5-14-01; published 4- EFFECT MAY 10, 2001 products: due by 5-17-01; published 12-01 4-17-01 Rinderpest and foot-and- Bell; comments due by 5- Hazardous waste: CHEMICAL SAFETY AND mouth disease; disease 14-01; published 3-14-01 status change— Project XL program; site- HAZARD INVESTIGATION BMW Rolls-Royce GmbH; Great Britain and Northern specific projects— BOARD comments due by 5-14- Ireland; comments due Buncombe County Testimony by employees in 01; published 3-14-01 by 5-14-01; published Landfill, Alexander, NC; legal proceedings; published Boeing; comments due by 5-10-01 3-14-01 comments due by 5-16- Great Britain and Northern 01; published 4-16-01 5-14-01; published 3-29- ENVIRONMENTAL Ireland; correction; Water pollution control: 01 PROTECTION AGENCY comments due by 5-14- National pollutant discharge Bombardier; comments due Air pollution control: 01; published 4-6-01 elimination system by 5-14-01; published 4- Acid rain program— AGRICULTURE (NPDES)— 12-01 Permits rule revision; DEPARTMENT Concentrated animal Cessna; comments due by industrial utility-units Commodity Credit feeding operations; 5-18-01; published 3-30- exemption removed; Corporation guidelines and 01 published 3-1-01 Conservation Reserve standards; comments Dassault; comments due by FEDERAL Program: due by 5-14-01; 5-17-01; published 4-17- COMMUNICATIONS Good faith reliance and published 1-12-01 01 COMMISSION excessive rainfall; FEDERAL Pratt & Whitney; comments Radio and television comments due by 5-14- COMMUNICATIONS due by 5-14-01; published broadcasting: 01; published 3-15-01 COMMISSION 3-15-01 Experimental broadcast COMMERCE DEPARTMENT Common carrier services: Raytheon; comments due by stations; multiple National Oceanic and Wireless telecommunications 5-14-01; published 3-29- ownership rule eliminated; Atmospheric Administration services— 01 published 4-10-01 Fishery conservation and 698-746 MHz spectrum Airworthiness standards: management: band (television HEALTH AND HUMAN Special conditions— Atlantic highly migratory channels 52-59); SERVICES DEPARTMENT Cessna Aircraft Co. Model species— reallocation and service 500, 550, S550, and Children and Families Atlantic bluefin tuna; rules; comments due by Administration 560 series airplanes; comments due by 5-14- 5-14-01; published 4-13- comments due by 5-18- Personal Responsibility and 01; published 4-2-01 01 01; published 4-18-01 Work Opportunity Magnuson-Stevens Act Radio stations; table of Class D airspace; comments Reconciliation Act of 1996; provisions— assignments: implementation: due by 5-18-01; published Domestic fisheries; New Mexico; comments due 4-18-01 Temporary Assistance for exempted fishing by 5-14-01; published 4-4- Class E airspace; comments Needy Families permits; comments due 01 due by 5-18-01; published Program— by 5-15-01; published NATIONAL CREDIT UNION 4-18-01 High performance bonus 4-30-01 ADMINISTRATION TREASURY DEPARTMENT awards to States; Northeastern United States Credit unions: fisheries— Internal Revenue Service published 5-10-01 Regulatory Flexibility HEALTH AND HUMAN Tilefish; comments due by Program; comments due Excise taxes: SERVICES DEPARTMENT 5-18-01; published 4-3- by 5-14-01; published 3- Deposits and tax returns; 01 Food and Drug 15-01 comments due by 5-17- West Coast States and Administration PERSONNEL MANAGEMENT 01; published 2-16-01 Western Pacific OFFICE Income taxes, etc.: Medical devices: fisheries— Electronic payee statements; Cardiovascular devices— Coastal pelagic species; Student loans; repayment by Federal agencies; comments comments due by 5-14- Reclassification of six comments due by 5-14- due by 5-15-01; published 01; published 2-14-01 preamendments Class 01; published 3-30-01 3-16-01 III devices into Class II; Marine mammals: Income taxes: published 4-10-01 Incidental taking— STATE DEPARTMENT Income for trust purposes; Visas; immigrant definition; comments due TRANSPORTATION Naval activities; documentation: by 5-18-01; published 2- DEPARTMENT surveillance towed array International broadcasters; 15-01 Federal Aviation sensor system low employment-based special Mid-contract change in Administration frequency active sonar; incidental harassment; immigrant classification; taxpayer; comments due Airworthiness directives: comments due by 5-18- comments due by 5-18- by 5-17-01; published 2- Boeing; published 4-25-01 01; published 4-16-01 01; published 3-19-01 16-01 Gulfstream; published 4-25- ENVIRONMENTAL TRANSPORTATION Procedure and administration: 01 PROTECTION AGENCY DEPARTMENT Census Bureau; return JanAero Devices; published Air quality implementation Coast Guard information disclosure; 4-17-01 plans; approval and Drawbridge operations: cross-reference;
VerDate 11-MAY-2000 19:53 May 09, 2001 Jkt 194001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\10MYCU.LOC pfrm04 PsN: 10MYCU iv Federal Register / Vol. 66, No. 91 / Thursday, May 10, 2001 / Reader Aids
comments due by 5-14- session of Congress which H.R. 132/P.L. 107–6 01; published 2-13-01 have become Federal laws. It Return of property in certain may be used in conjunction To designate the facility of the Public Laws Electronic cases; comments due by with ‘‘PLUS’’ (Public Laws United States Postal Service Notification Service 5-15-01; published 2-14- Update Service) on 202–523– located at 620 Jacaranda (PENS) 01 6641. This list is also Street in Lanai City, Hawaii, as the ‘‘Goro Hokama Post TREASURY DEPARTMENT available online at http:// PENS is a free electronic mail Thrift Supervision Office www.nara.gov/fedreg. Office Building’’. (Apr. 12, notification service of newly Capital; qualifying mortgage 2001; 115 Stat. 8) enacted public laws. To loan, interest rate risk The text of laws is not subscribe, go to http:// H.R. 395/P.L. 107–7 component, and published in the Federal hydra.gsa.gov/archives/ miscellaneous changes; Register but may be ordered publaws-l.html or send E-mail comments due by 5-14-01; To designate the facility of the to [email protected] in ‘‘slip law’’ (individual United States Postal Service published 3-15-01 pamphlet) form from the with the following text Liquidity; CFR part removed located at 2305 Minton Road message: Superintendent of Documents, in West Melbourne, Florida, as and conforming SUBSCRIBE PUBLAWS-L U.S. Government Printing the ‘‘Ronald W. Reagan Post amendments; comments due Office, Washington, DC 20402 Your Name. by 5-14-01; published 3-15- Office of West Melbourne, (phone, 202–512–1808). The 01 Florida’’. (Apr. 12, 2001; 115 Note: This service is strictly text will also be made Stat. 9) for E-mail notification of new available on the Internet from laws. The text of laws is not LIST OF PUBLIC LAWS GPO Access at http:// Last List March 21, 2001 available through this service. www.access.gpo.gov/nara/ PENS cannot respond to This is a continuing list of index.html. Some laws may specific inquiries sent to this public bills from the current not yet be available. address.
VerDate 11-MAY-2000 19:53 May 09, 2001 Jkt 194001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\10MYCU.LOC pfrm04 PsN: 10MYCU