3–26–01 Monday Vol. 66 No. 58 Mar. 26, 2001 Pages 16383–16592
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1 II Federal Register / Vol. 66, No. 58 / Monday, March 26, 2001
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2 III
Contents Federal Register Vol. 66, No. 58
Monday, March 26, 2001
Agency for Toxic Substances and Disease Registry Economic Research Service NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Agency information collection activities: Tremolite asbestos in vermiculite ore, human exposure; Proposed collection; comment request, 16441–16442 site-specific health activities, 16476–16478 Energy Department Agricultural Marketing Service See Federal Energy Regulatory Commission NOTICES NOTICES Cotton research and promotion order: Environmental statements; notice of intent: Cotton Research and Promotion Act Amendments of Western New York Nuclear Service Center; West Valley 1990; review; comment request, 16440–16441 Demonstration Project and facilities closure or long- term management, 16447–16451 Agriculture Department Floodplain and wetlands protection; environmental review See Agricultural Marketing Service determinations; availability, etc.: See Economic Research Service Shiprock, NM, Uranium Mill Tailings Remedial Action See Grain Inspection, Packers and Stockyards Site; ground water remediation activities, 16451 Administration Meetings: Environmental Management Advisory Board, 16452 Alcohol, Tobacco and Firearms Bureau Environmental Management Site-Specific Advisory PROPOSED RULES Board— Alcohol, tobacco, and other excise taxes: Fernald Site, OH, 16451–16452 Tobacco products and cigarette papers and tubes— Oak Ridge Reservation, TN, 16453 Importation restrictions, markings, repackaging, and Paducah Gaseous Diffusion Plant, KY, 16453 forfeited tobacco products destruction, 16425– 16430 Environmental Protection Agency RULES Children and Families Administration Hazardous waste: See Community Services Office Project XL program; site-specific projects— NOTICES Georgia-Pacific Corp. Facility, Big Island, VA, 16400– Environmental statements; availability, etc.: 16409 Head Start; child care facilities; purchase, construction, PROPOSED RULES and renovation, 16478–16480 Air quality implementation plans; approval and promulgation; various States: Commerce Department Texas, 16432–16434 See Export Administration Bureau Hazardous waste: See International Trade Administration Project XL program; site-specific projects— See National Oceanic and Atmospheric Administration Georgia-Pacific Corp. Facility, Big Island, VA, 16434 Water programs: Commodity Futures Trading Commission Water quality standards— NOTICES Human health and aquatic life water quality criteria Meetings; Sunshine Act, 16446–16447 applicable to Vermont, District of Columbia, Kansas, and New Jersey; withdrawn, 16435–16439 Community Services Office NOTICES NOTICES Meetings: Grants and cooperative agreements; availability, etc.: Environmental Policy and Technology National Advisory Community Food and Nutrition Program, 16555–16579 Council, 16466–16467
Customs Service Executive Office of the President RULES See Presidential Documents Vessels in foreign and domestic trades: See Trade Representative, Office of United States Foreign repairs to U.S. vessels, 16392–16400 Export Administration Bureau Defense Department NOTICES See Navy Department Export privileges, actions affecting: RULES Optical Associates, Inc., 16442–16443 Civilian health and medical program of uniformed services (CHAMPUS): Federal Aviation Administration TRICARE program— RULES Pharmacy Benefits Program, partial implementation; Airspace: and National Defense Authorization Act medical Special use airspace; prohibited area established over benefits for 2001 FY; implementation; correction, Crawford, TX, residence of President of United 16400 States, 16391–16392
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Air traffic operating and flight rules, etc.: Federal Housing Finance Board Grand Canyon National Park, AZ; special flight rules in NOTICES vicinity— Federal home loan bank system: Special flight rules area and flight free zones; Items processing and settlement (negotiable order of modification of dimensions, 16581–16584 withdrawal or NOW), demand deposit accounting, PROPOSED RULES and other services; prices, 16469–16474 Airworthiness directives: Raytheon, 16418–16425 Federal Reserve System NOTICES NOTICES Agency information collection activities: Banks and bank holding companies: Submission for OMB review; comment request, 16518– Change in bank control, 16475 16519 Air traffic operating and flight rules, etc.: Federal Retirement Thrift Investment Board Grand Canyon National Park, AZ; commecial routes, PROPOSED RULES 16584–16587 Thrift Savings Plan: Meetings: Employee elections to contribute, 16411–16415 RTCA, Inc., 16519 Investment funds; participants’ choices, 16415–16418 Passenger facility charges; applications, etc.: Melbourne International Airport, FL, 16519–16520 Grain Inspection, Packers and Stockyards Administration NOTICES Federal Bureau of Investigation Stockyards; posting and deposting: NOTICES Dinuba Sales Yard, CA, et al., 16442 Meetings: National Crime Prevention and Privacy Compact Council, Health and Human Services Department 16497 See Agency for Toxic Substances and Disease Registry See Children and Families Administration Federal Communications Commission See Community Services Office RULES See Health Care Financing Administration Television broadcasting: See Substance Abuse and Mental Health Services Digital television broadcast signals; carriage of Administration transmissions by cable operators, 16532–16554 NOTICES PROPOSED RULES Meetings: Television broadcasting: National Human Research Protections Advisory Digital television broadcast signals; carriage of Committee, 16475–16476 transmissions by cable operators, 16523–16532 NOTICES Health Care Financing Administration Agency information collection activities: NOTICES Proposed collection; comment request, 16467–16469 Agency information collection activities: Submission for OMB review; comment request, 16480– Federal Energy Regulatory Commission 16481 NOTICES Electric rate and corporate regulation filings: Immigration and Naturalization Service New York Independent System Operator Inc. et al., RULES 16458–16459 Immigration: Niagara Mohawk Power Corp. et al., 16460–16463 Aliens— Hydroelectric applications, 16463–16464 Status adjustment to lawful permanent resident; certain Meetings; Sunshine Act, 16464–16466 eligibility restrictions temporarily removed, 16383– Applications, hearings, determinations, etc.: 16390 Alliant Energy Corporate Services, Inc., 16453–16454 NOTICES ANR Pipeline Co., 16464 Agency information collection activities: Arizona Public Service Co., 16454 Submission for OMB review; comment request, 16497– Carolina Power & Light Co. et al., 16454 16498 Distrigas of Massachusetts LLC, 16454–16455 El Paso Natural Gas Co., 16455 Indian Affairs Bureau Elwood Energy II, LLC, et al., 16455–16456 NOTICES Great Lakes Gas Transmission L.P., 16456 Liquor and tobacco sale or distribution ordinance: Mirant Americas Energy Marketing, L.P., et al., 16456 Paskenta Band of Nomlaki Indians, CA, 16482–16483 New York State Reliability Council, 16456–16457 Pueblo of Sandia, NM, 16483–16485 Northwest Pipeline Corp., 16457 Panda Gila River, L.P., 16457 Interior Department Reliant Energy Gas Transmission Co., 16457–16458 See Indian Affairs Bureau Tennessee Gas Pipeline Co., 16458 See Land Management Bureau Union Power Partners, L.P., 16458 See National Park Service
Federal Highway Administration Internal Revenue Service NOTICES NOTICES Environmental statements; notice of intent: Agency information collection activities: Waukesha County, WI, 16520 Proposed collection; comment request, 16520–16521
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Meetings: National Park Service Citizen Advocacy Panels— NOTICES Brooklyn District, 16521 Environmental statements; availability, etc.: Organization, functions, and authority delegations: Chiricahua National Monument, AZ, 16487–16488 Commissioner and Deputy Commissioner, Industry Fort Bowie National Historic Site, AZ, 16488 Directors, and Field Operations Directors; Large and Environmental statements; notice of intent: Mid-Size Business, 16521 Fort King, FL, 16488–16489 Minuteman Missile National Historic Site, SD, 16489 International Trade Administration Meetings: NOTICES Native American Graves Protection and Repatriation Antidumping: Review Committee, 16489–16490 Electrolytic manganese dioxide from— San Francisco Maritime National Historical Park Japan, 16443–16444 Advisory Commission, 16490 Heavy forged hand tools, finished or unfinished, with or Native American human remains and associated funerary without handles, from— objects: China, 16444 Chadron State College, NE; inventory from unknown sites Preserved mushrooms from— in Nebraska, 16490–16492 India, 16444–16445 Peabody Museum of Archaeology and Ethnology, Harvard Applications, hearings, determinations, etc.: University, MA— University of— Chippewa cultural items from Harbor Springs, Emmet Wisconsin-Madison et al., 16445 County, MI, 16494–16495 Doll in wooden coffin from Klamath Indian grave along International Trade Commission Klamath River, CA, 16492 NOTICES Iron earring from Comanche grave in Throckmorton Import investigations: County, TX, 16492–16493 Flooring products, 16495–16496 Sauk Indians, 16493–16494 Steel wire rod; monitoring developments in domestic Stone bear effigy from Klamath grave on Klamath industry, 16496–16497 Reservation, OR, 16493 Phoebe Hearst Museum of Anthropology, University of California-Berkeley, CA— Justice Department Inventory from Hinchinbrook Island, Prince William See Federal Bureau of Investigation Sound, AK, 16495 See Immigration and Naturalization Service Navy Department Land Management Bureau NOTICES NOTICES Meetings: Environmental statements; notice of intent: Naval Postgraduate School Board of Advisors to California Desert Conservation Area, CA; 230-kV Superintendent, 16447 transmission line project, 16485–16486 Meetings: Nuclear Regulatory Commission Resource Advisory Councils— RULES Sierra Front-Northwestern Great Basin, 16486–16487 Production and utilization facilities; domestic licensing: Realty actions; sales, leases, etc.: Components; construction, inservice inspection, and California, 16487 inservice testing; industry codes and standards; correction, 16390–16391 National Aeronautics and Space Administration NOTICES NOTICES Meetings; Sunshine Act, 16502–16503 Meetings: Petitions; Director’s decisions: Advisory Council Connecticut Yankee Atomic Power Co., 16503 Aero-Space Technology Advisory Committee, 16498 Applications, hearings, determinations, etc.: Energy Northwest, 16499–16500 Sacramento Municipal Utility District, 16500 National Council on Disability Yankee Atomic Electric Co., 16501–16502 NOTICES Meetings: Office of United States Trade Representative International Watch Advisory Committee, 16498–16499 See Trade Representative, Office of United States
National Oceanic and Atmospheric Administration Personnel Management Office RULES NOTICES Fishery conservation and management: Agency information collection activities: Alaska; fisheries of Exclusive Economic Zone— Submission for OMB review; comment request, 16503– Pollock, 16409–16410 16504 Pollock; correction, 16410 NOTICES Postal Rate Commission Grants and cooperative agreements; availability, etc.: NOTICES Doctor Nancy Foster Scholarship Program, 16445 Domestic rates, fees, and mail classifications: Meetings: Sunday and holiday mail collections (complaint docket North Pacific Fishery Management Council, 16446 no. C2000-1), 16504–16509
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Postal Service Toxic Substances and Disease Registry Agency PROPOSED RULES See Agency for Toxic Substances and Disease Registry Domestic Mail Manual: Bound printed matter; attachments and enclosures; Trade Representative, Office of United States eligiblity requirements, 16431 NOTICES Presidential Documents Generalized System of Preferences: Ukraine; beneficiary country eligibility suspended due to PROCLAMATIONS Special Observances: insufficient steps to protect intellectual property Education and Sharing Day, U.S.A. (Proc. 7417), 16589– rights; comment request, 16515–16517 16591 Transportation Department Public Health Service See Federal Aviation Administration See Agency for Toxic Substances and Disease Registry See Federal Highway Administration See Substance Abuse and Mental Health Services NOTICES Administration Aviation proceedings: Agreements filed; weekly receipts, 16518 Securities and Exchange Commission Certificates of public convenience and necessity and NOTICES foreign air carrier permits; weekly applications, Investment Company Act of 1940: 16518 Exemption applications— Lindner Investments et al., 16509–16511 Treasury Department Small Business Administration See Alcohol, Tobacco and Firearms Bureau NOTICES See Customs Service Organization, functions, and authority delegations: See Internal Revenue Service Administrator; order of succession, 16511 Social Security Administration Separate Parts In This Issue NOTICES Agency information collection activities: Proposed collection and submission for OMB review; Part II comment request, 16511–16513 Federal Communications Commission, 16523–16554
State Department Part III NOTICES Department of Health and Human Services; Administration Agency information collection activities: for Children and Families, 16555–16579 Proposed collection; comment request, 16513–16514 Meetings: Public Diplomacy, U.S. Advisory Commission, 16514 Part IV Department of Transportation; Federal Aviation Substance Abuse and Mental Health Services Administration, 16581–16587 Administration NOTICES Part V Agency information collection activities: The President, 16589–16591 Proposed collection; comment request, 16481–16482 Tennessee Valley Authority NOTICES Reader Aids Environmental statements; notice of intent: Consult the Reader Aids section at the end of this issue for Pickwick Reservoir, AL, MS, and TN; land management phone numbers, online resources, finding aids, reminders, plan, 16514–16515 and notice of recently enacted public laws.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Proclamations: 7417...... 16591 5 CFR Proposed Rules: 1600...... 16411 1601...... 16415 8 CFR 245...... 16383 10 CFR 50...... 16390 14 CFR 73...... 16391 91...... 16582 93...... 16582 121...... 16582 135...... 16582 Proposed Rules: 39 (2 documents) ...... 16418, 16422 19 CFR 4...... 16392 159...... 16392 178...... 16392 27 CFR Proposed Rules: 275...... 16425 290...... 16425 296...... 16425 32 CFR 199...... 16400 39 CFR Proposed Rules: 111...... 16431 40 CFR 63...... 16400 Proposed Rules: 52...... 16432 63...... 16434 131...... 16435 47 CFR 76...... 16533 Proposed Rules: 76...... 16524 50 CFR 679 (3 documents) ...... 16409, 16410
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Rules and Regulations Federal Register Vol. 66, No. 58
Monday, March 26, 2001
This section of the FEDERAL REGISTER properly filed with the Secretary of certain conditions are met. An alien contains regulatory documents having general Labor, on or before April 30, 2001, and must have been inspected and admitted applicability and legal effect, most of which determined to have been approvable or paroled, be eligible for an immigrant are keyed to and codified in the Code of when filed. This rule also provides visa and admissible for permanent Federal Regulations, which is published under guidance on the standard for review of residence and, with some exceptions, 50 titles pursuant to 44 U.S.C. 1510. immigrant visa petitions and have maintained lawful nonimmigrant The Code of Federal Regulations is sold by applications for labor certification filed status. The alien must not have engaged the Superintendent of Documents. Prices of on or before April 30, 2001. in unauthorized employment. new books are listed in the first FEDERAL DATES: Effective date. This rule is What Is Section 245(i) of the Act? REGISTER issue of each week. effective March 26, 2001. Comment date. Comments must be Section 245(i) of the Act (8 U.S.C. submitted on or before May 25, 2001. 1255(i)) allows certain aliens with an DEPARTMENT OF JUSTICE immigrant visa immediately available to ADDRESSES: For matters relating to the them to apply to adjust status upon Immigration and Naturalization Service Immigration and Naturalization Service payment of a $1,000 surcharge, even (Service), please submit written though the alien entered the United 8 CFR Part 245 comments to the Director, Policy States without inspection or does not Directives and Instructions Branch, meet the maintenance of status and [INS No. 2078–00; AG Order No. 2411–2001] Immigration and Naturalization Service, authorized employment requirements of RIN 1115–AF91 425 I Street NW., Room 4034, section 245(c) of the Act (8 U.S.C. Washington, DC 20536, or via fax to 1255(c)). Section 245(i) of the Act does Adjustment of Status To That Person (202) 305–0143. To ensure proper not excuse any grounds of Admitted for Permanent Residence; handling, please reference INS number inadmissibility under section 212(a) of Temporary Removal of Certain 2078–00 on your correspondence. the Act (8 U.S.C. 1182(a)). Restrictions of Eligibility Comments are available for public The Departments of Commerce, State, inspection at this location by calling Justice and the Judiciary Appropriations AGENCY: Immigration and Naturalization (202) 514–3048 to arrange for an Act of 1998, Public Law 105–119, Service, Justice, and Executive Office for appointment. For matters relating to the section 111 (111 Stat. at 2458) (1997), Immigration Review, Justice. Executive Office for Immigration significantly revised Section 245(i) and ACTION: Interim rule with request for Review (EOIR), please submit written set a January 14, 1998, sunset date. After comments. comments to Charles Adkins-Blanch, January 14, 1998, an alien could file an General Counsel, EOIR, 5107 Leesburg application for adjustment of status SUMMARY: The Department of Justice Pike, Suite 2400, Falls Church, VA under Section 245(i) of the Act only if (Department) is amending its 22041, or via fax to (703) 305–0443. To that alien was the beneficiary of either regulations governing eligibility for ensure proper handling, please (1) an immigrant visa petition under adjustment of status under section reference INS number 2078–00 on your Section 204 of the Act (8 U.S.C. 1154) 245(i) of the Immigration and correspondence. that was filed with the Attorney General Nationality Act (Act) to conform the FOR FURTHER INFORMATION CONTACT: For on or before January 14, 1998; or (2) an regulations to existing policy and questions regarding the Service, contact application for labor certification that procedures and to remove language that Michael Valverde, Residence and Status was filed pursuant to the regulations of has been superseded by subsequent Branch, Immigration and Naturalization the Secretary of Labor by the alien’s legislation. Specifically, this interim Service, 425 I Street, NW., Room 3214, employer on or before that date. Such a rule conforms the regulations to include Washington, DC 20536, Telephone (202) visa petition or application for labor the changes made by the Departments of 514–4754. certification served to ‘‘grandfather’’ the Commerce, State, Justice and the For questions regarding EOIR, contact alien beneficiary (that is, to preserve the Judiciary Appropriations Act of 1998 Charles Adkins-Blanch, General alien’s ability to file an application for and the Legal Immigration Family Counsel, EOIR, 5107 Leesburg Pike, adjustment of status under Section Equity Act Amendments of 2000. This Suite 2400, Falls Church, VA 22041, 245(i)) if the visa petition or application rule adds the new sunset date of April Telephone (703) 305–0470. for labor certification was properly filed 30, 2001, for the filing of qualifying SUPPLEMENTARY INFORMATION: on or before the sunset date, under the petitions or applications that enable the appropriate regulations, and was applicant to apply to adjust status using Background approvable when filed. section 245(i) of the Act, clarifies the effect of the new sunset date on What Is Section 245 of the Act? What Changes Were Made by the Most eligibility, and discusses motions to Section 245 of the Act (8 U.S.C. 1255) Recent Amendments to Section 245(i)? reopen. This means that in order to allows the Attorney General, in his The Legal Immigration Family Equity preserve the ability to apply for discretion, to adjust the status of an Act Amendments of 2000, Title XV of adjustment of status under section alien who has an immigrant visa Public Law 106–554, section 1502 (114 245(i), an alien must be the beneficiary immediately available to that of a lawful Stat. at 2764) (enacted Dec. 21, 2000) of a visa petition for classification under permanent resident (LPR) while the (the LIFE Act Amendments) extended section 204 of the Act that was filed alien remains in the United States in the Section 245(i) (8 U.S.C. 1255(i)) with the Attorney General, or an lieu of applying for an immigrant visa sunset date from January 14, 1998, to application for labor certification at a U.S. consular office abroad, if April 30, 2001. That Act also requires
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that, if the qualifying visa petition or status under Section 245(i), but the alien immigrant visa becomes available to the labor certification application was filed is not limited to that particular petition alien. after January 14, 1998, the alien must or application as the only possible basis What Are the Requirements for a have been physically present in the for adjustment of status. The qualifying Qualifying Immigrant Visa Petition? United States on the date of enactment petition or application that grandfathers (December 21, 2000) to be eligible to the alien serves to preserve the alien’s An alien becomes grandfathered for apply for adjustment of status under opportunity to file for adjustment of purposes of Section 245(i) of the Act (8 Section 245(i). status under Section 245(i) at a later U.S.C. 1255(i)) if he or she is the beneficiary of an immigrant visa What Does This Rule Do? time, at which point the grandfathered alien becomes eligible for adjustment of petition under Section 204 of the Act (8 The previous regulations relating to status on any proper basis. U.S.C. 1154) on his or her behalf that is Section 245(i) of the Act (8 U.S.C. For example, if an alien is properly properly filed with the Service on or 1255(i)), 8 CFR 245.10, were never grandfathered as the beneficiary of a before April 30, 2001. This includes any amended to conform to the 1997 of the following: qualifying visa petition or qualifying • statutory changes to Section 245(i). The application that was filed on or before Form I–130, Petition for Alien Department had developed a set of April 30, 2001, the alien would also be Relative, filed on behalf of the alien guidelines to implement Section 245(i) beneficiary; eligible to adjust status under Section • for aliens who were grandfathered (i.e., 245(i) if he or she later won a diversity Form I–140, Immigrant Petition for who were the beneficiaries of qualifying visa. Alien Worker, filed by an employer on visa petitions or labor certification behalf of the beneficiary; applications filed by the sunset date). In Are the Dependent Family Members of • Form I–360, Petition for Amerasian, view of the changes made by the LIFE a Grandfathered Alien Also Considered Widow(er), or Special Immigrant, filed Act Amendments and the apparent To Be Grandfathered? on behalf of the beneficiary or submitted intention of Congress to apply the as a self-petition under Section Yes, a dependent spouse or child (if amended law consistently with past 204(a)(1)(A)(iii) or (a)(1)(A)(iv) filed by eligible under section 203(d) of the Act interpretations, this rule is intended to an eligible alien; and (8 U.S.C. 1153(d))) who is conform § 245.10 to the existing • Form I–526, Immigrant Petition by accompanying or following to join a standards and to implement the new Alien Entrepreneur. grandfathered alien is also considered to physical presence requirement. The rule In any case, the visa petition must be also eliminates provisions from the be grandfathered by the qualifying determined to have been approvable existing regulation that have been petition or qualifying application for when filed in order to grandfather the obsolete since the 1997 amendments to labor certification, if the relationship alien for purposes of Section 245(i), as Section 245(i). exists before the principal alien adjusts discussed below. his or her status. A visa petition does not serve to How Does an Alien Become grandfather the alien beneficiary if that Grandfathered for Purposes of Section What Documents Must Be Filed on or Before April 30, 2001? alien has previously obtained lawful 245(i) of the Act? permanent resident status on the basis To be grandfathered for purposes of The new sunset date of April 30, of that visa petition. Section 245(i) of the Act (8 U.S.C. 2001, is the deadline for the filing of a Other types of applications or 1255(i)), the alien must be the qualifying visa petition or qualifying petitions for immigration benefits— beneficiary of an immigrant visa labor certification application in order including but not limited to asylum petition or a labor certification to grandfather the alien beneficiary. To applications, diversity visa applications, application that (1) is filed on or before preserve the alien’s ability to apply in and diversity visa lottery-winning April 30, 2001, and (2) meets the the future for adjustment of status under letters—do not serve to grandfather an requirements of the Act and these Section 245(i) (8 U.S.C. 1255(i)), an alien for purposes of Section 245(i), regulations. A visa petition or labor alien must be the beneficiary of either because they do not satisfy the statutory certification application that meets all of (1) a qualifying Section 204 of the Act requirement that the alien must be the the applicable requirements so as to (8 U.S.C. 1154) immigrant visa petition beneficiary of a qualifying immigrant grandfather the alien beneficiary is that is properly filed with the Attorney visa petition for classification under referred to as a qualifying visa petition General on or before April 30, 2001, and Section 204 of the Act filed with the or a qualifying labor certification which is determined to have been Attorney General or a qualifying labor application. In addition, if the approvable when filed; or (2) a certification application filed with the qualifying petition or qualifying qualifying application for labor Secretary of Labor. Under current law, application was filed after January 14, certification that is properly filed on or unless an alien is properly 1998, the alien beneficiary must also before April 30, 2001, according to the grandfathered as the beneficiary of a have been physically present in the regulations of the Secretary of Labor, qualifying visa petition or qualifying United States on December 21, 2000, to and which is determined to have been application that was properly filed on or be eligible to apply for adjustment approvable when filed. before April 30, 2001, the alien will not under Section 245(i). The physical An alien is not required to file his or be able to take advantage of Section presence requirement is discussed later. her application for adjustment of status 245(i) even if he or she becomes eligible Since Section 245(i) was amended in under Section 245(i) on or before April for an immigrant visa at some later date. 1997, the Department has adopted what 30, 2001. If an alien is grandfathered has come to be known as an ‘‘alien- (because he or she is the beneficiary of When Is an Immigrant Visa Petition based’’ reading of Section 245(i). This a qualifying visa petition or qualifying ‘‘Properly Filed on or Before April 30, means that the alien is grandfathered by labor certification application filed on 2001’’? the filing of a qualifying visa petition or or before April 30, 2001), the alien will To be considered properly filed, for qualifying labor certification be able to submit the actual application purposes of grandfathering, the application, for purposes of preserving for adjustment of status under Section immigrant visa petition must be the alien’s eligibility to apply to adjust 245(i) at any later time when an physically received by the Service prior
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to the close of business on or before to determine, based on the available the basis for grandfathering. Thus, a April 30, 2001, or if mailed, be information (including additional properly grandfathered alien with a postmarked on or before April 30, 2001. evidence submitted by the petitioner petition that was denied or revoked due The Service is applying the exception after the filing of the petition) that the to circumstances arising after the filing for grandfathering visa petitions petition was approvable when filed. of the petition may apply to adjust contained in the regulations at 8 CFR If the Deparment has already status using any other proper basis for § 103.2(a)(7), which require that a approved the visa petition at the time adjustment. Although grandfathered by petition must be physically received the alien files an application for the denied or revoked petition, the alien and stamped by the Service in order to adjustment of status, it was approvable may not use that petition as an be considered properly filed. For the when filed, except as discussed below, adjustment basis, given that the petition purpose of grandfathering under section and thus provides a basis for was not approved. 245(i) of the Act (8 U.S.C. 1255(i)) only, grandfathering. However, a visa petition the Service will accept as properly filed, may still serve as the basis for Immigrant Visa Petitions Denied or visa petitions that are postmarked on or grandfathering even if it has not been Revoked Based on Ineligibility before April 30, 2001. In addition, given adjudicated by the Service as of April When the Service has denied an the April 30, 2001, sunset date, the 30, 2001. As discussed below, the immigrant visa petition (or has revoked Service notes that it will accept visa adjudication of the visa petition on the a prior approval) based on ineligibility petitions that contain at least the merits is distinct from the question of at the time of filing, the petition does minimum amount of information whether the petition qualifies for not qualify to grandfather the alien required by 8 CFR 103.2(a). Petitions grandfathering because it was beneficiary for purposes of section that do not contain the names of the approvable when filed. 245(i). Such ineligibility may be based petitioner and the beneficiary, the What if an Immigrant Visa Petition Is on meritless or fraudulent petitions, proper fee, and the signature of the Properly Filed on or Before April 30, such as those in which the claimed petitioner will not be accepted for filing. 2001, but Is Later Denied, Withdrawn, or family or employment relationship at When Is an Immigrant Visa Application Revoked? the time of the filing cannot serve as the basis for issuance of an immigrant visa. ‘‘Approvable When Filed’’ for An immigrant visa petition on behalf Grandfathering Purposes? of an alien beneficiary that is properly When Is a Labor Certification Not all immigrant visa petitions that filed on or before April 30, 2001, but is Application ‘‘Properly Filed on or Before are properly filed on or before April 30, subsequently denied or withdrawn, or April 30, 2001’’? 2001, will serve to grandfather the alien the approval of which is revoked, may To be considered properly filed, for beneficiary for purposes of Section still serve to grandfather the alien, purposes of grandfathering under 245(i) of the Act (8 U.S.C. § 1255(i)). In depending on the reasons for the Section 245(i) of the Act (8 U.S.C. interpreting the language of Section disposition of the visa petition. The 1255(i)), a labor certification application 245(i) since it was amended in 1997, the issue is whether the visa petition was must be filed on or before April 30, Department has also required that the approvable when filed. 2001, according to the regulations visa petition must have been established by the Department of Labor, ‘‘approvable when filed’’ to qualify the Changed Circumstances Arising After the Time of Filing 20 CFR 656.21. The sponsoring alien beneficiary for grandfathering. employer must properly complete and ‘‘Approvable when filed’’ means that, As long as a qualifying visa petition sign ETA Form 750, Parts A and B. The as of the date of filing the immigrant was approvable when filed, the petition Labor Department considers an visa petition, the petition was properly will still grandfather the alien even if application for labor certification that is filed, meritorious in fact, and non- the petition was denied or revoked due filed and accepted at a State frivolous (‘‘frivolous’’ meaning patently to circumstances arising after the filing Employment Security Agency (SESA) to without substance). For example, a visa of the petition as outlined at 8 CFR be properly filed. petition is not approvable when filed if § 205.1(a)(3)(i) or (ii). Such changed it is fraudulent or if the named circumstances would include but are What Happens if an Employer beneficiary did not have, at the time of not limited to a child who has reached Substitutes a New Beneficiary on a filing, the appropriate family age 21 before the principal alien could Labor Certification Application After relationship or employment relationship adjust status, an employer going out of April 30, 2001? that would support the issuance of an business, or a valid, bona fide marriage Only the alien who was the immigrant visa. ending in divorce before the alien could beneficiary of an application for labor As noted, the Department recognizes adjust status. certification on or before April 30, 2001, that some immigrant visa petitions may These same principles apply where will be considered to be grandfathered be filed initially without all of the the petitioner withdraws an immigrant for purposes of Section 245(i) of the Act necessary information for the Service to visa petition. For example, an employer (8 U.S.C. 1255(i)). adjudicate the petition. In that case, the that had filed an immigrant visa petition existing regulations at 8 CFR 103.2(b)(8) for an alien may suffer a business When Is an Application for Labor provide a process for the Service to reversal 18 months after the date of Certification ‘‘Approvable When Filed’’ request additional evidence and to filing and, as a result, withdraw the for Grandfathering Purposes? allow the petitioner a period of 12 petition. In that case, the alien would Not all applications for labor weeks to submit that additional still continue to be grandfathered for certification that are properly filed on or evidence in support of the petition. purposes of Section 245(i) of the Act, if before April 30, 2001, will serve to It is important to note, though, that all the petition was approvable at the time grandfather the alien beneficiary for eligibility requirements must be of filing. purposes of Section 245(i) of the Act (8 satisfied before an immigrant visa Under the ‘‘alien-based’’ reading, a U.S.C. 1255(i)). In interpreting the petition can be approved. A visa grandfathered alien is not limited to language of Section 245(i) since it was petition will not qualify an alien for filing for adjustment of status using the amended in 1997, the Department has grandfathering unless the Service is able particular visa petition that provided also required that the application for
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labor certification must have been depart the United States within the time regardless of when the Section 245(i) ‘‘approvable when filed’’ to qualify the period specified. application for adjustment of status alien beneficiary for grandfathering. itself is filed. How is an Alien’s Nonimmigrant Status ‘‘Approvable when filed’’ means that, Proof of a grandfathered alien’s in the United States Affected if he or she physical presence is not required to be as of the date of filing of the application is Grandfathered? for labor certification, the application presented when a visa petition or labor was properly filed, meritorious in fact, An alien’s nonimmigrant status in the certification application is filed; such and non-frivolous (‘‘frivolous’’ meaning United States is not affected by the fact proof must be presented when the alien patently without substance). that he or she is grandfathered. The files the Section 245(i) application for petition that serves to grandfather the adjustment of status itself. What Happens if an Alien Is Already in alien neither extends an alien’s Immigration Proceedings? nonimmigrant status nor authorizes How Can an Applicant Demonstrate employment in the United States. The That he or she Was Physically Present If an alien is already in immigration immigrant visa petition or application in the United States on December 21, proceedings and believes that he or she for labor certification that serves to 2000? may be eligible to apply to adjust status grandfather the alien does not serve to Applicants for adjustment under under Section 245(i) of the Act (8 U.S.C. stay any order of removal, deportation, Section 245(i) of the Act (8 U.S.C. 1255(i)), he or she should raise the or exclusion. 1255(i)) who are covered by the physical matter with the Immigration Judge or presence requirement must submit, at the Board of Immigration Appeals What Effect Does a Grandfathering the time they file the Section 245(i) according to the established procedures. Petition Have on an Alien’s Unlawful application for adjustment of status, Certain aliens in exclusion proceedings Presence in the United States if he or evidence that they were physically and certain arriving aliens, however, she Has Entered Without Inspection or present in the United States on cannot apply for Section 245(i) Remained Beyond the Authorized December 21, 2000. adjustment. Period of Admission? The Act is silent as to the methods by If an Alien Already Is the Subject of a The mere filing of a visa petition or which an applicant may demonstrate Final Order of Removal, Deportation or application for a labor certification that his or her physical presence in the Exclusion, What is the Procedure for has the effect of grandfathering the alien United States on that date. This rule Moving To Reopen Based on Section has no effect on an alien’s unlawful provides guidance as to what evidence 245(i)? presence in the United States and does an applicant may submit to prove not place the alien in a ‘‘period of stay physical presence in the United States The LIFE Act Amendments contain authorized by the Attorney General’’ for on December 21, 2000. This guidance no special provisions for reopening purposes of section 212(a)(9)(B) of the largely corresponds to the existing cases under Section 245(i) of the Act (8 Act (8 U.S.C. 1182(a)(9)(B)). Absent regulations at 8 CFR 245.15(i) for aliens U.S.C. 1255(i)) where an alien already is some other factor placing the alien in who must demonstrate physical the subject of a final order of removal, such a period of authorized stay, the presence on a specific date for purposes deportation or exclusion. Accordingly, alien continues to accrue periods of of the Haitian Refugee Immigrant motions to reopen based on Section unlawful presence until he or she Fairness Act of 1998 (HRIFA). The rule 245(i) will be governed by the properly files an application for will incorporate, in part, the forms of Department’s current rules regarding adjustment of status. A properly filed documentation accepted in HRIFA motions to reopen, 8 CFR 3.23 (before application for adjustment of status regarding physical presence (8 CFR the Immigration Judge) and 3.2 (before under Section 245(i) of the Act (8 U.S.C. 245.15(i) and (j)(2)) and adopt them as the Board of Immigration Appeals), 1255(i)) places the alien in a ‘‘period of examples of possible proof of physical which contain time and numerical stay authorized by the Attorney presence for section 245(i). The limitations on the filing of such General’’ for purposes of section Department is also soliciting comments motions. See 8 CFR 3.23(b)(1) and 212(a)(9)(B) and (C) of the Act (8 U.S.C. on what type of evidence can be best 3.2(c)(2). The rules, however, do 1182(a)(9)(B) and (C)). utilized to demonstrate physical provide for limited exceptions to these Filing an application for adjustment presence on December 21, 2000. time and numerical limitations, among of status stops the accrual of unlawful In some cases, a single document may which is a motion to reopen filed jointly presence, but does not eliminate periods suffice to establish the applicant’s by the alien and the Service counsel in of unlawful presence accrued before physical presence on December 21, the case. Therefore, an alien who is the such filing. 2000. In most cases, however, the alien subject of a final order who alleges may need to submit several documents, eligibility for adjustment of status under When Is an Alien Applying for because most applicants may not Section 245(i) may contact the Service Adjustment of Status Under Section possess documentation that contains the counsel to request the filing of a joint 245(i) Required to Demonstrate Physical exact date of December 21, 2000. In motion to reopen. The Service will Presence in the United States? such instances, the applicant should exercise its discretion in reviewing If an alien is the beneficiary of a submit sufficient documentation these cases. However, there are qualifying immigrant visa petition, or establishing the applicant’s physical provisions in the Immigration and qualifying application for labor presence in the United States prior to Nationality Act which limit the certification, that was filed after January and after December 21, 2000. Attorney General’s ability to grant 14, 1998, then the alien must have been An alien may make the demonstration certain forms of discretionary relief, physically present in the United States of physical presence by submitting a including adjustment of status, for a on December 21, 2000, to be eligible to photocopy of a Federal, state, or local period of time, to particular categories use Section 245(i) of the Act (8 U.S.C. government-issued document(s) that of aliens with final orders, including but 1255(i)). The physical presence demonstrates the alien’s physical not limited to aliens whose orders were requirement does not apply if the presence in the United States on entered in absentia for failure to appear, qualifying petition or application was December 21, 2000 (or before and after and aliens who failed to voluntarily filed on or before January 14, 1998, that date). If the alien is not in
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possession of such a document or government agency that the applicant changes that took effect upon enactment documents, but believes that a copy is desires to be considered in support of on December 21, 2000. There is a very already contained in the Service file his or her application. short window of opportunity (ending on relating to him or her, he or she may April 30, 2001) provided by the new law Do the Dependent Family Members of a submit a statement as to the name and for the filing of immigrant visa petitions Grandfathered Alien Need to Meet the location of the issuing Federal, state, or and applications for labor certification, December 21, 2000, Physical Presence local government agency, the type of in order to preserve the ability of Requirement? document and the date on which it was eligible aliens to adjust their status issued. Examples of such Service issued No, the dependent spouse or children under Section 245(i) of the Act (8 U.S.C. documents include, but are not limited of a grandfathered alien are not required 1255(i)). to, Form I–94, Arrival-Departure Record, to meet the physical presence This rule implements a portion of the Form I–862, Notice to Appear, Form I– requirement. Only the principal LIFE Act Amendments by setting forth 122, Notice to Applicant for Admission beneficiary of an immigrant visa the procedural instructions on the Detained for Hearing before Immigration petition or application for labor proper filing of immigrant visa Judge, or Form I–221, Order to Show certification filed after January 14, 1998, petitions, applications for labor Cause. Examples of such Federal, state, and on or before April 30, 2001, needs certification, and applications for or local government issued documents to demonstrate his or her physical adjustment of status under Section include, but are not limited to, a state presence in the United States on 245(i). Certain individuals, if they miss driver’s license or identification card, a December 21, 2000. the opportunity to use Section 245(i) to county or municipal hospital record, a adjust their status while in the United What Outdated Information Is Being public college or public school States, may be subject to the 3 or 10 year Removed From the Regulations? transcript, income tax records, a bars to admission under Section Federal, State, or local governmental The Department amends 8 CFR 245.10 212(a)(9) (8 U.S.C. 1182(a)(9)) if they record which was created on or prior to to remove language made obsolete by leave the United States to apply for an December 21, 2000, shows that the Public Law 105–119 and Public Law immigrant visa at a U.S. consular office applicant was present in the United 106–554, specifically: language that abroad. It would be impractical and States at the time, or a transcript from refers to fee amounts for applications contrary to the public interest to publish a private or religious school that is filed before December 29, 1996; and a proposed rule or to delay the effective registered with, or approved or licensed language that ends the application date of these procedural instructions, by, appropriate State or local period for adjustment applications on because the public comment period and authorities. October 23, 1997. The new language a delayed effective date would consume If there are no government-issued conforms the regulations to the existing most of the very limited time statutorily documents that demonstrate an alien’s law and established procedures. available for qualified applicants to take physical presence on December 21, advantage of the new law. The Congressional Review Act 2000, the Service will accept and Department will fully consider all evaluate non-government issued Although this rule falls under the comments about this interim rule that documents. Such documentation must category of major rule as that term is are submitted during the comment bear the name of the applicant, have defined in 5 U.S.C. 804(2)(A), the period. been dated at the time it was issued, and Department finds that under 5 U.S.C. Regulatory Flexibility Act bear the seal or signature of the issuing 808(2) good cause exists for immediate authority (if the documentation is implementation of this regulation upon The Attorney General, in accordance normally signed or sealed), be issued on publication in the Federal Register. The with the Regulatory Flexibility Act (5 letterhead stationery, or be otherwise reason and necessity for immediate U.S.C. 605(b)), has reviewed this authenticated. A personal affidavit implementation are as follows: Under regulation and, by approving it, certifies attesting to physical presence on the statutory (LIFE Act) changes that that this rule will not have a significant December 21, 2000, will not be accepted went into effect on December 21, 2000, economic impact on a substantial without additional evidence to validate individuals who want preserve their number of small entities. This rule the affidavit. Examples of such non- ability to adjust their immigration status affects individuals by temporarily government issued documents include, under section 245(i) of the Act must do removing certain restrictions on but are not limited to, school records, so by April 30, 2001. Accordingly, eligibility for adjustment of status in rental receipts, utility bills, cancelled because there is a very short window of accordance with Public Law 110–119. personal checks, employment records, opportunity for these individuals to This rule is intended to eliminate or credit card statements. apply, the Department finds that inconvenience to a number of In all cases, any doubts as to the delaying the effective date of this rule is individuals currently in the United existence, authenticity, veracity, or impracticable, unnecessary, and States who otherwise would be required accuracy of the documentation shall be contrary to the public interest. to incur significant monetary expenses resolved by the official government by traveling abroad to apply for an Good Cause Exception record, with records of the Service and immigrant visa at a United States the Executive Office for Immigration The Department’s implementation of consulate or embassy. This interim rule Review (EOIR) having precedence over this rule as an interim rule with will have no effect on small entities as the records of other agencies. provisions for post-promulgation that term is defined in 5 U.S.C. 601(6). Furthermore, determinations as to the comment, and with an immediate weight to be given any particular effective date, is based on the ‘‘good Unfunded Mandates Reform Act of 1995 document or item of evidence shall be cause’’ exceptions found at 5 U.S.C. This rule will not result in the solely within the discretion of the 553(b)(3)(B) and (d)(3). The expenditure by State, local and tribal adjudicating authority (i.e., the Service implementation of this rule without governments, in the aggregate, or by the or EOIR). It shall be the responsibility of prior notice and comment, and without private sector, of $100 million or more the applicant to obtain and submit a delayed effective date, is necessary to in 1 year, and it will not significantly or copies of the records of any other implement recently enacted statutory uniquely affect small governments.
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Therefore, no actions were deemed relationship between the National § 245.10 Adjustment of status upon necessary under the provisions of the Government and the States, or on the payment of additional sum under section Unfunded Mandates Reform Act of distribution of power and 245(i). 1995. responsibilities among the various (a) Definitions. As used in this section levels of government. Therefore, in the term: Small Business Regulatory Enforcement accordance with Section 6 of Executive (1)(i) Grandfathered alien means an Fairness Act of 1996 Order 13132, it is determined that this alien who is the beneficiary (including This rule is a major rule as defined by rule does not have sufficient federalism a spouse or child of the alien beneficiary the Small Business Regulatory implications to warrant the preparation if eligible to receive a visa under section Enforcement Act of 1996. This rule will of a federalism summary impact 203(d) of the Act) of: result in an effect on the economy of statement. (A) A petition for classification under approximately: section 204 of the Act which was Executive Order 12988 $178,300,000 for 2001, properly filed with the Attorney General $99,200,000 for 2002, and This interim rule meets the applicable on or before April 30, 2001, and which $91,900,000 for 2003. standards set forth in Sections 3(a) and was approvable when filed; or This increase in cost is directly 3(b)(2) of Executive Order 12988. (B) An application for labor associated with the expected increase in Paperwork Reduction Act certification under section 212(a)(5)(A) the number of applications for of the Act that was properly filed adjustment of status submitted under This interim rule does not impose any pursuant to the regulations of the section 245(i) of the Act (8 U.S.C. new reporting or recordkeeping Secretary of Labor on or before April 30, 1255(i)) with the required $1,000 requirements. The information 2001, and which was approvable when penalty fee and other associated collection requirements pertaining to filed. applications. Section 1502 of the LIFE this rule were previously approved for (ii) If the qualifying visa petition or Amendments, Public Law 106–554, use by the Office of Management and application for labor certification was reinstates section 245(i) until April 30, Budget (OMB). The OMB control filed after January 14, 1998, the alien 2001. The reinstatement of section numbers for these collections are must have been physically present in 245(i) provides some previously contained in 8 CFR 299.5, Display of the United States on December 21, 2000. ineligible individuals with the Control Numbers. This requirement does not apply with opportunity to file the proper forms to List of Subjects in 8 CFR Part 245 respect to a spouse or child preserve their ability to use section accompanying or following to join a 245(i). The Service projects that in fiscal Aliens, Immigration, Reporting and recordkeeping requirements. principal alien who is a grandfathered year 2001, a total 946,000 applications alien as described in this section. Accordingly, chapter I of title 8 of the will be submitted because of the (2) Properly filed means: Code of Federal Regulations is amended reinstatement of section 245(i) of the (i) With respect to a qualifying as follows: Act as follows: immigrant visa petition, that the 500,000 Forms I–130; PART 245—ADJUSTMENT OF STATUS application was physically received by 50,000 Forms I–140; the Service on or before April 30, 2001, 148,500 Forms I–765; TO THAT OF PERSON ADMITTED FOR or if mailed, was postmarked on or 82,500 Forms I–131; and PERMANENT RESIDENCE before April 30, 2001, and accepted for 165,000 Forms I–485. 1. The authority citation for part 245 filing as provided in § 103.2(a)(1) and In addition, the Department of Labor continues to read as follows: projects that at least 40,000 Forms ETA (a)(2) of this chapter; and 750 will be submitted. The Service Authority: 8 U.S.C. 1101, 1103, 1182, 1255; (ii) With respect to a qualifying projects that in fiscal year 2002, a total sec. 202, Pub. L. 105–100, 111 Stat. 2160, application for labor certification, that 2193; Sec. 902, Pub. L. 105–277, 112 Stat. the application was properly filed and of 324,000 total applications will be 2681; 8 CFR part 2. submitted as follows: accepted pursuant to the regulations of 2. Section 245.10 is amended by: 121,500 Forms I–765; the Secretary of Labor, 20 CFR 656.21. a. Revising the section heading; 67,500 Forms I–131; and (3) Approvable when filed means that, b. Removing paragraph (c); as of the date of the filing of the 135,000 Forms I–485. c. Redesignating paragraphs (a) and The Service projects that in fiscal year qualifying immigrant visa petition (b) as paragraphs (b) and (c) under section 204 of the Act or 2003, a total of 300,000 applications respectively; will be submitted as follows: qualifying application for labor d. Adding a new paragraph (a); certification, the qualifying petition or 112,500 Forms I–765; e. Revising newly redesignated application was properly filed, 62,500 Forms I–131; and paragraph (b) introductory text; meritorious in fact, and non-frivolous 125,000 Forms I–485. f. Revising newly redesignated (‘‘frivolous’’ being defined herein as Executive Order 12866 paragraphs (b)(4), (b)(5), and (b)(7); g. Revising newly redesignated patently without substance). This This rule is considered by the paragraph (c) introductory text; determination will be made based on Department of Justice to be an h. Revising the phrase ‘‘receipt of the circumstances that existed at the ‘‘economically significant regulatory approval’’ to read ‘‘receipt or approval’’ time the qualifying petition or action’’ under Executive Order 12866, in the first sentence of newly application was filed. A visa petition Regulatory Planning and Review. redesignated paragraph (c)(3); that was properly filed on or before Accordingly, this rule has been i. Revising paragraph (d); April 30, 2001, and was approvable submitted to the Office of Management j. Revising paragraph (e); when filed, but was later withdrawn, and Budget for review. k. Revising paragraph (f); and denied, or revoked due to circumstances l. Adding new paragraphs (h), (i), (j), that have arisen after the time of filing, Executive Order 13132 (k), (l), (m), and (n). will preserve the alien beneficiary’s This rule will not have substantial The additions and revisions to read as grandfathered status if the alien is direct effects on the States, on the follows: otherwise eligible to file an application
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for adjustment of status under section sum is filed within 30 days of the date Act and all other required and 245(i) of the Act. of the notice. If the application for additional evidence. (4) Circumstances that have arisen adjustment of status is pending before * * * * * after the time of filing means the Executive Office for Immigration (h) Asylum or diversity immigrant circumstances similar to those outlined Review (EOIR), EOIR will allow the visa applications. An asylum in § 205.1(a)(3)(i) or (a)(3)(ii) of this respondent an opportunity to amend an application, diversity visa lottery chapter. adjustment of status application filed in application, or diversity visa lottery- (b) Eligibility. An alien who is accordance with § 103.2 of this chapter winning letter does not serve to included in the categories of restricted (to include Supplement A to Form I–485 grandfather the alien for purposes of aliens under § 245.1(b) and meets the and proof of remittance to the INS of the section 245(i) of the Act. However, an definition of a ‘‘grandfathered alien’’ required additional sum) in order to otherwise grandfathered alien may use may apply for adjustment of status request consideration under the winning a diversity visa as a basis for under section 245 of the Act if the alien provisions of section 245(i) of the Act. adjustment. meets the requirements of paragraphs (i) Denial, withdrawal, or revocation (b)(1) through (b)(7) of this section: (e) Applications for Adjustment of Status filed before October 1, 1994. The of the approval of a visa petition or * * * * * provisions of section 245(i) of the Act application for labor certification. The (4) Properly files Form I–485, shall not apply to an application for denial, withdrawal, or revocation of the Application to Register Permanent adjustment of status that was filed approval of a qualifying immigrant visa Residence or Adjust Status on or after before October 1, 1994. The provisions petition, or application for labor October 1, 1994, with the required fee of section 245(i) of the Act also shall not certification, that was properly filed on for that application; apply to a motion to reopen or or before April 30, 2001, and that was (5) Properly files Supplement A to approvable when filed, will not Form I–485 on or after October 1, 1994; reconsider an application for adjustment of status if the application for preclude its grandfathered alien * * * * * adjustment of status was filed before (including the grandfathered alien’s (7) Will adjust status under section October 1, 1994. An applicant whose family members) from seeking 245 of the Act to that of lawful pre-October 1, 1994, application for adjustment of status under section permanent resident of the United States adjustment of status has been denied 245(i) of the Act on the basis of another on or after October 1, 1994. may file a new application for approved visa petition, a diversity visa, (c) Payment of additional sum. An adjustment of status pursuant to section or any other ground for adjustment of adjustment applicant filing under the 245(i) of the Act on or after October 1, status under the Act, as appropriate. provisions of section 245(i) of the Act 1994, provided that such new (j) Substitution of a beneficiary on an must pay the standard adjustment application is accompanied by: the application for a labor certification. application filing fee as specified in required fee; Supplement A to Form I– Only the alien who was the beneficiary § 103.7(b)(1) of this chapter. Each 485; the additional sum required by of the application for the labor application submitted under the section 245(i) of the Act; and all other certification on or before April 30, 2001, provisions of section 245(i) of the Act required initial and additional evidence. will be considered to have been must be submitted with an additional grandfathered for purposes of filing an sum of $1,000. An applicant must (f) Effect of section 245(i) on application for adjustment of status submit the additional sum of $1,000 completed adjustment applications under section 245(i) of the Act. An alien only once per application for before the Service. (1) Any motion to who was previously the beneficiary of adjustment of status submitted under reopen or reconsider before the Service the application for the labor certification the provisions of section 245(i) of the alleging availability of section 245(i) of but was subsequently replaced by Act. However, an applicant filing under the Act must be filed in accordance with another alien on or before April 30, the provisions of section 245(i) of the § 103.5 of this chapter. If said motion to 2001, will not be considered to be a Act is not required to pay the additional reopen with the Service is granted, the grandfathered alien. An alien who was sum if, at the time the application for alien must remit to the Service substituted for the previous beneficiary adjustment of status is filed, the alien is: Supplement A to Form I–485 and the of the application for the labor * * * * * additional sum required by section certification after April 30, 2001, will (d) Pending adjustment application 245(i) of the Act. If the alien had not be considered to be a grandfathered with the Service or Executive Office for previously remitted Supplement A to alien. Immigration Review filed without Form I–485 and the additional sum with (k) Changes in employment. An Supplement A to Form I–485 and the application which is the subject of applicant for adjustment under section additional sum. An alien who filed an the motion to reopen, then no additional 245(i) of the Act who is adjusting status adjustment of status application with sum need be remitted upon such through an employment-based category the Service in accordance with § 103.2 reopening. is not required to work for the petitioner of this chapter will be allowed the (2) An alien whose adjustment who filed the petition that opportunity to amend such an application was adjudicated and denied grandfathered the alien, unless he or she application to request consideration by the Service because of ineligibility is seeking adjustment based on under the provisions of section 245(i) of under section 245(a) or (c) of the Act employment for that same petitioner. the Act, if it appears that the alien is not and now alleges eligibility due to the (l) Effects of grandfathering on an otherwise ineligible for adjustment of availability of section 245(i) of the Act alien’s nonimmigrant status . An alien’s status. The Service shall notify the may file a new application for nonimmigrant status is not affected by applicant in writing of the Service’s adjustment of status pursuant to section the fact that he or she is a grandfathered intent to deny the adjustment of status 245(i) of the Act, provided that such alien. Lawful immigration status for a application, and any other requests for new application is accompanied by the nonimmigrant is defined in benefits that derive from the adjustment required fee for the application, § 245.1(d)(1)(ii). application, unless Supplement A to Supplement A to Form I–485, additional (m) Effect of grandfathering on Form I–485 and any required additional sum required by section 245(i) of the unlawful presence under section
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212(a)(9)(B) and (c) of the Act. If the issuance, and bear a date of issuance not such as public utilities, accredited alien is not in a period of stay later than December 21, 2000. For this private and religious schools, and authorized by the Attorney General, the purpose, the term Federal, state, or local banks; fact that he or she is a grandfathered authority includes any governmental, (ix) If the applicant established that a alien does not prevent the alien from educational, or administrative function family unit was in existence and accruing unlawful presence under operated by Federal, state, county, or cohabiting in the United States, section 212(a)(9)(B) and (C) of the Act. municipal officials. Examples of such documents evidencing the presence of (n) Evidentiary requirement to other documentation include, but are another member of the same family unit; demonstrate physical presence on not limited to: and December 21, 2000. (1) Unless the (i) A state driver’s license; (x) For applicants who have ongoing qualifying immigrant visa petition or (ii) A state identification card; correspondence or other interaction application for labor certification was (iii) A county or municipal hospital with the Service, a list of the types and filed on or before January 14, 1998, a record; dates of such correspondence or other principal grandfathered alien must (iv) A public college or public school contact that the applicant knows to be establish that he or she was physically transcript; contained or reflected in Service present in the United States on (v) Income tax records; records. December 21, 2000, to be eligible to (vi) A certified copy of a Federal, (5)(i) The adjudicator will evaluate all apply to adjust status under section state, or local governmental record evidence on a case-by-case basis and 245(i) of the Act. If no one document which was created on or prior to will not accept a personal affidavit establishes the alien’s physical presence December 21, 2000, shows that the attesting to physical presence on on December 21, 2000, he or she may applicant was present in the United December 21, 2000, without requiring submit several documents establishing States at the time, and establishes that an interview or additional evidence to his or her physical presence in the the applicant sought on his or her own validate the affidavit. United States prior to, and after behalf, or some other party sought on (ii) In all cases, any doubts as to the December 21, 2000. the applicant’s behalf, a benefit from the existence, authenticity, veracity, or (2) To demonstrate physical presence Federal, state, or local governmental accuracy of the documentation shall be on December 21, 2000, the alien may agency keeping such record; resolved by the official government submit Service documentation. (vii) A certified copy of a Federal, record, with records of the Service and Examples of acceptable Service state, or local governmental record the Executive Office for Immigration documentation include, but are not which was created on or prior to Review (EOIR) having precedence over limited to: December 21, 2000, that shows that the the records of other agencies. (i) A photocopy of the Form I–94, applicant was present in the United Furthermore, determinations as to the Arrival-Departure Record, issued upon States at the time, and establishes that weight to be given any particular the alien’s arrival in the United States; the applicant submitted an income tax document or item of evidence shall be (ii) A photocopy of the Form I–862, return, property tax payment, or similar solely within the discretion of the Notice to Appear; submission or payment to the Federal, adjudicating authority (i.e., the Service (iii) A photocopy of the Form I–122, state, or local governmental agency or EOIR). It shall be the responsibility of Notice to Applicant for Admission keeping such record; the applicant to obtain and submit Detained for Hearing before Immigration (viii) A transcript from a private or copies of the records of any other Judge, issued by the Service on or prior religious school that is registered with, government agency that the applicant to December 21, 2000, placing the or approved or licensed by, appropriate desires to be considered in support of applicant in exclusion proceedings State or local authorities, accredited by his or her application. under section 236 of the Act (as in effect the State or regional accrediting body, or prior to April 1, 1997); by the appropriate private school Dated: March 20, 2001. (iv) A photocopy of the Form I–221, association, or maintains enrollment John Ashcroft, Order to Show Cause, issued by the records in accordance with State or Attorney General. Service on or prior to December 21, local requirements or standards. [FR Doc. 01–7373 Filed 3–21–01; 3:32 pm] 2000, placing the applicant in (4) To demonstrate physical presence BILLING CODE 4410–10–P deportation proceedings under section on December 21, 2000, the alien may 242 or 242A of the Act (as in effect prior submit non-government documentation. to April 1, 1997); Examples of documentation establishing NUCLEAR REGULATORY (v) A photocopy of any application or physical presence on December 21, COMMISSION petition for a benefit under the Act filed 2000, may include, but are not limited by or on behalf of the applicant on or to: 10 CFR Part 50 prior to December 21, 2000, which (i) School records; RIN 3150–AE26 establishes his or her presence in the (ii) Rental receipts; United States, or a fee receipt issued by (iii) Utility bill receipts; Industry Codes and Standards; the Service for such application or (iv) Any other dated receipts; Amended Requirements petition. (v) Personal checks written by the (3) To demonstrate physical presence applicant bearing a bank cancellation AGENCY: Nuclear Regulatory on December 21, 2000, the alien may stamp; Commission. submit other government (vi) Employment records, including ACTION: Final rule; correcting documentation. Other government pay stubs; amendment. documentation issued by a Federal, (vii) Credit card statements showing state, or local authority must bear the the dates of purchase, payment, or other SUMMARY: This document corrects a signature, seal, or other authenticating transaction; final rule appearing in the Federal instrument of such authority (if the (viii) Certified copies of records Register on September 22, 1999 (64 FR document normally bears such maintained by organizations chartered 51370), and reflected in the 2000 instrument), be dated at the time of by the Federal or State government, revision of the Code of Federal
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Regulations. This action corrects the Need for Correction requirement in Subparagraph 3.2(a), and final rule by specifying the use of a flaw As published, the Federal Register a length sizing requirement of 0.75 inch length sizing criterion for reactor vessel and the Code of Federal Regulations RMS shall be used in lieu of the qualification. This correction is contain an error which is misleading requirement in Subparagraph 3.2(b). necessary for clarity and consistency in and needs to be corrected. * * * * * the regulations. List of Subjects in 10 CFR Part 50 Dated at Rockville, Maryland, this 20th day DATES: Effective March 26, 2001. of March, 2001. Antitrust, Classified information, For the Nuclear Regulatory Commission. FOR FURTHER INFORMATION CONTACT: Criminal penalties, Fire protection, Michael T. Lesar, Donald G. Naujock [telephone (301) Incorporation by reference, Intergovernmental relations, Nuclear Chief, Rules and Directives Branch, Division 415–2767, e-mail [email protected]] of the of Administrative Services, Office of Office of Nuclear Reactor Regulation, power plants and reactors, Radiation Administration. protection, Reactor siting criteria, U.S. Nuclear Regulatory Commission, [FR Doc. 01–7352 Filed 3–23–01; 8:45 am] Washington, DC 20555–0001. Reporting and recordkeeping requirements. BILLING CODE 7590–01–P SUPPLEMENTARY INFORMATION: For the reasons set out in the Background preamble and under the authority of the DEPARTMENT OF TRANSPORTATION Atomic Energy Act of 1954, as amended, On September 22, 1999 (64 FR 51370), the Energy Reorganization Act of 1974, Federal Aviation Administration a final rule ‘‘ Industry Codes and as amended, and 5 U.S.C. 552 and 553, Standards; Amended Requirements’’ the NRC is adopting the following 14 CFR Part 73 was published in the Federal Register. amendment to 10 CFR part 50. The purpose of the rule was to permit [Docket No. FAA–2001–9059; Airspace the use of improved methods in § 50.55a PART 50—DOMESTIC LICENSING OF Docket No. 01–AWA–1] for construction, inservice inspection PRODUCTION AND UTILIZATION RIN 2120–AA66 and inservice testing of nuclear power FACILITIES plant components. The rule, in part, Establishment of Prohibited Area P–49 1. The authority citation for Part 50 permits licensees to modify Crawford; TX continues to read as follows: implementation of Appendix VIII to AGENCY: Federal Aviation Section XI of the American Society of Authority: Sections 102, 103, 104, 105, Administration (FAA), DOT. Mechanical Engineers (ASME) Boiler 161, 182, 183, 186, 189, 68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, ACTION: Final rule. and Pressure Vessel Code (the Code) sec. 234, 83 Stat. 444, as amended (42 U.S.C. provided that certain provisions 2132, 2133, 2134, 2135, 2201, 2232, 2233, SUMMARY: This action establishes specified in the regulations were 2236, 2239, 2282); secs. 201, as amended, Prohibited Area 49 (P–49) over the followed. Paragraph (b)(2)(xv)(C) 202, 206, 88 Stat. 1242, as amended, 1244, Crawford, TX, residence of the President addressed the provisions regarding 1246 (42 U.S.C. 5841, 5842, 5846). of the United States. The FAA is taking Section 50.7 also issued under Pub. L. 95– application of Supplement 4 to the action to enhance security in the Appendix VIII. After the final rule was 601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101, immediate vicinity of the presidential published, an error was discovered in 185, 68 Stat. 955 as amended (42 U.S.C. 2131, residence and assist the United States paragraph (b)(2)(xv)(C)(1). Paragraph 2235), sec. 102, Pub. L. 91–190, 83 Stat. 853 Secret Service in accomplishing its (b)(2)(xv)(C)(1) properly stipulated the (42 U.S.C. 4332). Sections 50.13, 50.54(dd), mission of providing security for the use of a flaw depth sizing criterion, but and 50.103 also issued under sec. 108, 68 President of the United States. Stat. 939, as amended (42 U.S.C. 2138). failed to specify the use of an EFFECTIVE DATES: 0901 UTC, May 17, Sections 50.23, 50.35, 50.55, and 50.56 also appropriate flaw length sizing criterion 2001. for reactor vessel qualification. It has issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and Appendix FOR FURTHER INFORMATION CONTACT: always been the intent of the NRC to Q also issued under sec. 102, Pub. L. 91–190, Steve Rohring, Airspace and Rules require the use of both depth and length 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 Division, ATA–400, Office of Air Traffic criteria for flaw sizing qualification. and 50.54 also issued under sec. 204, 88 Stat. Airspace Management, Federal Aviation This intent is evident in paragraph 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, Administration, 800 Independence (b)(2)(xv)(F)(2) of § 50.55a which and 50.92 also issued under Pub. L. 97–415, Avenue, SW., Washington, DC, 20591; stipulates that length sizing 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 telephone: (202) 267–8783. qualifications must satisfy the also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80–50.81 also SUPPLEMENTARY INFORMATION: acceptance criterion of Appendix VIII, issued under sec. 184, 68 Stat. 954, as Supplement 4. amended (42 U.S.C. 2234). Appendix F also Background With respect to a length sizing issued under sec. 187, 68 Stat. 955 (42 U.S.C. On March 7, the Department of the 2237). criterion, it was the intent of the NRC Treasury, United States Secret Service to specify in the final rule, the use of 2. In § 50.55a, paragraph requested that the FAA establish a 0.75 inch root mean square (RMS) (b)(2)(xv)(C)(1) is revised to read as prohibited area at Crawford, TX, to length sizing criterion in lieu of follows: enhance the level of security provided Appendix VIII, Supplement 4, § 50.55a Codes and standards. the President. In order to provide Subparagraph 3.2(b). Since 1995, the * * * * * adequate safeguards for the protection of NRC has supported the 0.75 inch RMS (b) * * * the President, it is necessary to numeric value as an appropriate length (2) * * * designate certain airspace above the sizing criterion for reactor vessels. This (xv) * * * presidential residence at Crawford, TX, numeric value is the same as the length (C) * * * as a prohibited area. Under the sizing criterion referenced in (1) A depth sizing requirement of 0.15 provision of Section 73.83, no person (b)(2)(xv)(E)(3). inch RMS shall be used in lieu of the may operate an aircraft within that area
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without permission from the using PART 73—SPECIAL USE AIRSPACE Background agency. This action responds to that The genesis of the modern vessel request. 1. The authority citation for part 73 continues to read as follows: repair statute, 19 U.S.C. 1466, is found The Rule in the Act of July 18, 1866, Chapter 24, Authority: 49 U.S.C. 106(g), 40103, 40113, section 23 (14 Stat. 183). A 50 percent This amendment to 14 CFR part 73 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– ad valorem duty was imposed on the 1963 Comp., p. 389. establishes P–49 Crawford, TX. The foreign cost of repairs to United States prohibited area extends from the surface § 73.63 [Amended] vessels documented to engage in the to 5,000 feet above mean sea level (MSL) foreign or coastwise trade on the 2.Part 73 is amended by adding new northern, northeastern, and within a 3-nautical mile (NM) radius of Section 73.63 to read as follows: latitude 31°34′57″ N., longitude northwestern frontiers (practically 97°32′37″ W. Flight within this area is * * * * * speaking, Great Lakes, Atlantic, and prohibited unless permission is P–49 Crawford, TX [New] Pacific Coast trade with Canada). The obtained from the using agency. Boundaries. That airspace within a 3 NM statute also provided for remission or Because of the immediate need to radius of lat. 31°34′57″ N., long. 97°32′37″ W. refund of duties where it was enhance the security of the President, I Designated altitudes. Surface to 5,000 feet established by sufficient evidence that find that notice and public procedure MSL. the vessel had been compelled to seek Time of designation. Continuous. foreign repairs due to a weather-related under 5 U.S.C. 553(b) are impracticable. Using agency. United States Secret Service, Section 73.89 of 14 CFR part 73 was or other casualty. The statute was Washington, DC. recodified in the Revised Statutes of the republished in FAA Order 7400.8H, * * * * * dated September 1, 2000. United States in 1874 (R.S. 3114 and Issued in Washington, DC, on March 20, 3115), but was left largely unamended This regulation is limited to an 2001. until the Act of September 21, 1922, at established body of technical Reginald C. Matthews, which time the area of consideration for regulations for which frequent and Manager, Airspace and Rules Division. dutiable repairs was expanded to routine amendments are necessary to [FR Doc. 01–7412 Filed 3–21–01; 2:49 pm] include repairs to all vessels keep them operationally current. It, documented under U.S. law to engage in BILLING CODE 4910–13–P therefore—(1) is not a ‘‘significant the foreign or coastwise trade, as well as regulatory action’’ under Executive those intended to be so employed. Order 12866; (2) is not a ‘‘significant The statute has undergone rule’’ under DOT Regulatory Policies DEPARTMENT OF THE TREASURY amendment several times since 1922 and Procedures (44 FR 11034; February and has been the subject of considerable Customs Service 26, 1979); and (3) does not warrant judicial interpretation over the years as preparation of a regulatory evaluation as well. Most recently, the statute has been 19 CFR Parts 4, 159, 178 the anticipated impact is so minimal. amended in significant ways and a court Since it has been determined that this [T.D. 01–24] case with broad impact on the is a routine matter that will only affect administration of the law has also been air traffic procedures and air navigation, RIN 1515–AC30 decided. it is certified that this rule, when On August 20, 1990, the President promulgated, will not have a significant Foreign Repairs to American Vessels signed into law the Customs and Trade economic impact on a substantial AGENCY: Customs Service, Department Act of 1990 (Pub. L. 101–382), section number of small entities under the of the Treasury. 484E of which amended the vessel criteria of the Regulatory Flexibility Act. repair statute by adding a new ACTION: Final rule. Environmental Review subsection (h). Subsection (h), which by SUMMARY: This document amends the its terms expired on December 31, 1992, The FAA has determined that this Customs Regulations regarding the included two elements. These action to establish a prohibited area declaration, entry, assessment of duty concerned the exclusion from vessel from the surface up to 5,000 feet MSL and processing of petitions for relief repair duty of Lighter Aboard Ship qualifies for categorical exclusion under from duty for vessels of the United (LASH) barges, and of spare parts and the National Environmental Policy Act States which undergo foreign shipyard materials for use in vessel repairs in accordance with FAA Order 1050.1D, operations. These changes are abroad which had previously been Policies and Procedures for Considering implemented in order that the Customs imported and duty paid at the Environmental Impacts. This airspace Regulations regarding vessel repair appropriate rate under the Harmonized action is not expected to cause any accurately reflect the amended Tariff Schedule of the United States potentially significant environmental underlying statutory authority, as well (HTSUS). impacts, and there do not appear to be as legal and policy determinations made Two years after the expiration of that extraordinary circumstances warranting as a result of judicial decisions and legislation, the Congress enacted section preparation of an environmental administrative enforcement experience. 112 of Pub. L. 103–465 which became assessment. EFFECTIVE DATE: April 25, 2001. effective on January 1, 1995. That provision permanently reenacted the List of Subjects in 14 CFR Part 73 FOR FURTHER INFORMATION CONTACT: previously expired 19 U.S.C. 1466(h)(1) Operational aspects: Glenn Seale, and (2), as discussed above, and also Airspace, Navigation (air). Supervisory Customs Liquidator, 504– added a new subsection (h)(3) which, as 670–2137. Adoption of the Amendment administered by Customs, provides that Legal aspects: Larry L. Burton, Office of vessel repair duties will be assessed at In consideration of the foregoing, the Regulations and Rulings, 202–927– the applicable HTSUS rate for spare Federal Aviation Administration 1287. parts which are necessarily installed on amends 14 CFR part 73 as follows: SUPPLEMENTARY INFORMATION: vessels overseas prior to those spare
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parts ever having been entered into the set forth these regulatory provisions in vessel repair duty. One commenter United States for entry and a more streamlined and simpler format. asserted that 19 U.S.C. 1466(a) neither consumption, such as is necessary To streamline the process for seeking required nor contemplated that repairs under the (h)(2) provision. relief from vessel repair duties, most made on the high seas fall within the The most basic issue to be determined significantly, Customs proposed to scope of the vessel repair statute, and in applying the vessel repair statute to eliminate the Petition for Review that proposed § 4.14(a) was in conflict a factual situation is, of course, whether process; this process is currently the with the law. The other commenter a repair has taken place within the second of two pre-protest appeals for found this requirement to be misleading meaning of 19 U.S.C. 1466(a). Courts relief from duty. Also, Customs in that it could be misinterpreted to have ruled extensively on the ‘‘repair’’ proposed to vest the Customs field include repairs made by members of a cost issue and the result is a continually Vessel Repair Units with full authority vessel’s regular crew while the ship was narrowing field of dutiable repair. One to process and decide Applications for at sea. early case (United States v. George Hall Relief without restrictions as to the Customs Response: Case law clearly Coal Co., 134 F. 1003 (1905)), was the amount of potential duty involved. establishes liability for duty under the first to find any of various types of Additionally, it was proposed to vessel repair statute (19 U.S.C. 1466) for expenses associated with repairs to be amend the Customs Regulations in part repairs performed on the high seas (see classifiable as not subject to the 159 (19 CFR part 159) to recognize that Mount Washington Tanker Company v. assessment of vessel repair duties. The vessel repair entries are not considered United States, 1 CIT 32, 505 F. Supp. case established that the expense of to be subject to liquidation, and to 209 (1980), aff’d 69 CCPA 23, 665 F.2d drydocking a vessel (regardless of the provide that any duties paid pursuant to 340. underlying need to drydock) is not an a vessel repair entry would be However, since the statute does element of dutiable value in foreign considered to be charges or exactions provide an exception for the cost of repair costs. Drydocking is a major, but within the meaning of paragraph (a)(3) labor performed by members of the not isolated, expense in general ship of section 514, Tariff Act of 1930, as regular crew of a vessel, § 4.14(a) is repair operations. Many other associated amended (19 U.S.C. 1514), the statute revised to state that compensation paid expenses and services are necessary under which decisions of the Customs to members of the regular crew for adjuncts to drydocking and are logically Service are protested. As charges or repairs made on the high seas is not inseparable from the drydocking rule. exactions, duty determinations on includable in any reported parts, These include such items as drydock vessel repair entries would be materials, or equipment costs. block arrangement, sea water supply (for protestable under 19 U.S.C. 1514(a)(3), Comment: One commenter suggested firefighting equipment), hose hook-up and would not be subject to voluntary that the third sentence of proposed and disconnection charges, fire watch reliquidation or deemed liquidation § 4.14(a) be changed so as to avoid any services, the services of a crane for procedures. This distinction recognizes misinterpretation that the vessel repair drydocking-related operations, the elements which are unique to the vessel statute applies to foreign-documented provision of compressed air, cleaning of repair entry process such as potential vessels. the drydock following repairs, among protracted delays in supplying cost Customs Response: We are grateful to numerous others. These necessary information due to difficulty in the commenter for pointing out the need services are costly, are supplied at obtaining proof of foreign expenses from for clarification with respect to the nearly each drydocking, and had until shipyards in a timely fashion. application of the statute to vessels The period during which public recently been considered to be which are considered to be ‘‘intended to comments could be submitted classifiable as duty-free. be employed’’ in foreign or coastwise concerning the proposed rule was On December 29, 1994, the United trade within the meaning of the law. On extended an additional 30 days by a States Court of Appeals for the Federal March 18, 1998, Customs published a document published in the Federal Circuit decided the case of Texaco notice in the weekly Customs Bulletin Register (64 FR 29975) on June 4, 1999. Marine Services, Inc., and Texaco A total of six comments were received notifying interested parties that certain Refining and Marketing, Inc. v. United in response to the proposed rule. Two prior Customs rulings interpreting the States, 44 F.3d 1539, in which the court of these comments were generally ‘‘intended to be employed’’ language considered the propriety of several long- supportive of the proposal, four were were being revoked and replaced by a standing court cases, including the critical of it, and five of the six new interpretation. The position of opinion in George Hall, supra. The court comments received suggested that the Customs since the date of that notice decided that a whole range of charges proposed regulations be changed in has been that the law is intended to are subjected to duty consideration various ways. A description, together apply as well to vessels which are either which had been insulated from such with Customs analysis, of the issues undocumented or are foreign- treatment since 1905. raised in the comments, is set forth documented at the time of foreign The significant changes, as described below. repairs, so long as they are documented above, in terms of both statutory under U.S. law at the time of their first amendment and judicial interpretation Discussion of Comments arrival in this country following those have dictated the need to update the Comment: One commenter generally repairs. Thus, while the law does not regulatory provisions in § 4.14 of the recommended that the fifty percent apply to foreign-flag vessels arriving in Customs Regulations (19 CFR 4.14), vessel repair duty rate be doubled to the United States after repairs abroad, it which implement the vessel repair one-hundred percent. does apply to arriving U.S.-flag vessels statute. Customs Response: The duty rate is which were repaired while they were Accordingly, by a document set by statute and may be amended only under foreign documentation. published in the Federal Register (64 by legislative action. Comment: Two commenters were FR 19508) on April 21, 1999, Customs Comment: With reference to proposed concerned about the requirement in proposed necessary amendments to § 4.14(a), two commenters objected to proposed § 4.14(a) that all foreign § 4.14 to conform with the described the requirement that repairs performed repairs and purchases be declared statutory and judicial changes, and to ‘‘on the high seas’’ were subject to regardless of their dutiable status.
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Customs Response: This requirement Comment: Two commenters were Comment: With respect to proposed has long appeared in the vessel repair opposed to the use of the phrase § 4.14(c), one commenter questioned the regulations (currently, see 19 CFR ‘‘specifically depart’’ appearing in need for a deposit of estimated duties or 4.14(b)(1) (1999)). Customs has decided proposed § 4.14(b)(3), where duty the filing of a bond where a private that it should be retained in § 4.14(a) of liability would arise in connection with party operated a vessel owned or this final rule. certain vessels that departed from the chartered by a Federal agency under a Comment: One commenter stated that U.S. specifically to make foreign repairs contract that obligated the agency for paragraphs (b)(1) and (b)(2) of proposed and purchases. Under 19 U.S.C. the payment of any duty. The § 4.14 were inconsistent, in that the 1466(e)(2), duty liability would arise in commenter stated that the provision former expressly provided for the this context where the vessels departed should provide for a deposit or bond submission of the electronic equivalent for the ‘‘sole purpose’’ of making foreign only if the contract placed duty liability of declaration and entry forms, whereas repairs and purchases. The commenters on the private party. the latter made no such provision. asked that this phrase likewise be used Customs Response: Customs agrees Customs Response: Customs has in proposed § 4.14(b)(3). and has so changed § 4.14(c). determined that there is no need to Customs Response: Customs agrees. Comment: In proposed § 4.14(d) and provide for the declaration and entry Section 4.14(b)(3) is revised as (e) addressing the presentation of a filing requirements, electronic or requested. Further, it is noted that vessel repair declaration and entry, otherwise, in either of these provisions § 4.14(b)(3) has been generally revised respectively, two commenters disagreed since the purpose of these provisions is and restructured for editorial clarity. with the requirement that the to merely address the particular types of Comment: One commenter declaration be submitted to Customs at vessels to which the vessel repair statute recommended changing proposed the port of arrival, while the entry had applies. Thus, the reference to these § 4.14(c) to require that the vessel to be filed with Customs at the port filing requirements is removed from operator file the bond needed to cover where the Vessel Repair Unit (VRU) was § 4.14(b)(1). The general requirements potential duty liability under a vessel located. for filing a vessel repair declaration and repair entry directly with the Vessel Customs Response: The declaration entry are comprehensively covered in Repair Unit (VRU) at the time that the and entry forms are processed in § 4.14(d) and (e). These provisions operator also files the entry with the different locations. By requiring the provide for the filing of electronic VRU, instead of the operator having to vessel owner, master, or authorized equivalents of a vessel repair submit the bond to Customs at the port agent to submit the forms directly to the declaration and entry. of arrival which would then forward it Comment: One commenter urged that to the VRU. Since Customs at the port locations in which they will be proposed § 4.14(b)(2), relating to the of arrival has authority to set bond processed, Customs avoids the applicability of the vessel repair statute amounts, the bond being obligated additional, internal step of forwarding to government-owned or chartered could simply be identified by number, the entry to the Vessel Repair Unit vessels, be amended to expressly amount and transaction type on the (VRU), thereby expediting the entire provide that all such vessels which were vessel repair declaration that must process. VRUs which process vessel not under the jurisdictional control of initially be made to Customs at the port repair entries are consolidated in just the Secretary of the Navy would be of arrival. three locations (San Francisco, New required to comply fully with all vessel Customs Response: While the York and New Orleans), in order to repair regulatory provisions. Customs officials at the port of arrival enhance administrative efficiency in, Customs Response: Customs retain authority to set bond amounts, and expedite, processing of these disagrees. Section 4.14(b)(2) is the reality is that the vast majority of the entries. Under the amendment, instead applicable to numerous vessels bonds utilized in vessel repair entries of Customs forwarding the entry from including those under U.S. Navy are of the continuous type. The the port of arrival to the VRU, as is control, vessels of the Coast Guard, the requirement and practice is that the currently the case, the vessel operator National Marine Fisheries Service, and operator when making an initial himself will simply send the entry the National Oceanographic and declaration at a port of arrival, indicates directly to the VRU. However, vessel Atmospheric Administration, among the name of the surety, the continuous repair declarations covering foreign others. bond number, and the amount of the repair costs of a vessel must still be Comment: One commenter suggested bond on its Customs Form 226 vessel made to Customs initially at the first that proposed § 4.14(b)(3) be changed to repair declaration. Based upon this U.S. port of arrival following a foreign require, in the case of a vessel which information, Customs at the entry port voyage. Accordingly, this will has remained continuously outside the is able to determine whether an necessitate the direct and separate United States for two years or longer, additional single transaction bond will submission by vessel operators of that repairs to such a vessel that are be required. Since in the vast majority declarations and entries, except, of scheduled for completion within fifteen of cases no additional bond is needed, course, to the extent the port of arrival months before the vessel’s return to the the operator would simply list the same and the VRU entry port are the same. United States also be made subject to information on its Customs Form 226 Comment: With respect to proposed the assessment of duty. when it is submitted as a vessel repair § 4.14(e), one commenter asked that the Customs Response: The potential duty entry to the VRU. In those cases in time within which a vessel repair entry liability for applicable repair operations which a single transaction bond is could be filed be extended to ten under 19 U.S.C. 1466(e)(1)(B) is required by Customs to be submitted at working days, as opposed to ten expressly limited to those operations an arrival port, the operator would place calendar days. that occur during the first six months the identifying information for that Customs Response: Customs has after the last departure of the vessel bond on both the Customs Form 226 determined that reliance on calendar from the United States. This six-month declaration and the subsequent entry. days is the most clear-cut means by rule is statutory and cannot be The responsible VRU would contact the which to track the entry filing period, expanded without amendatory arrival port should a copy of that bond and has retained this requirement in legislation. form be needed. 4.14(e).
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Comment: Two commenters disagreed time, actual monetary deposits were Most commonly, vessel repair with the provision in proposed § 4.14(e), received and the terms thus had full operators do not advance all valid with respect to the filing of a vessel effect and meaning. However, Customs claims for relief initially in their repair entry, that a failure on the part of agrees that the vast majority of vessel Applications for Relief, which is why the vessel operator to submit full repair entries made today are secured by some additional relief is later granted supporting evidence of foreign repair the posting of surety bonds to cover when such claims are included in costs within the applicable time limits potential liability. Petitions for Review. would be considered to be a failure to Accordingly, because the use of the However, notwithstanding the enter. terms has been traditionally linked to elimination of the Petition for Review, Customs Response: Customs has claims for relief from duty collection vessel operators may still avail concluded that the requirement to make under either 19 U.S.C. 1466(a) (refund themselves of a full Customs entry for foreign repairs and purchases claims), or 19 U.S.C. 1466(d) (remission Headquarters review of their duty relief under 19 U.S.C. 1466(a) reasonably and claims), Customs has determined to claims through the administrative responsibly contemplates the filing of revise § 4.14 to simply reference the protest procedure. In this way, claims an entry which is properly completed applicable statutory provision under for relief will be processed and finalized within the authorized time limits. In which a claim for relief is made, and to much more expeditiously with regard to this latter regard, quite significantly, eliminate any reference to the terms in future vessel repair entries. § 4.14(f) provides that evidence to question. Specifically, the provisions of Comment: Several commenters urged complete a vessel repair entry must be § 4.14(h), which include the that language be added to proposed received by the appropriate VRU port justifications for obtaining relief from § 4.14(i)(1) to clearly establish that an within 90 calendar days from the date vessel repair duty, are recast as extension of time for filing an of the vessel’s arrival. Section 4.14(f) necessary. Also, paragraphs (e), (i), Application for Relief from vessel repair also provides for a 30-day extension of (i)(1), and (i)(1)(i) of § 4.14 are similarly duty may be allowed, in the same way this period if a written explanation of revised. that additional time is allowed under proposed § 4.14(f) to file necessary need is submitted prior to the expiration Also, a new paragraph (h)(3) is added evidence that supports the cost of each of the original 90-day submission to § 4.14 to include the conditions under item covered in a vessel repair entry. period. Furthermore, a request for an which a vessel remaining continuously extension beyond the 30-day grant Customs Response: Customs agrees outside the U.S. for two years or longer and has so changed § 4.14(i)(1) issued by a VRU may be made as well, may be subject to relief from duty under but must be submitted through the VRU consistent with § 4.14(f); and § 4.14(f) is 19 U.S.C. 1466(e). Further, a new changed to state that granting an to the Entry Procedures and Carriers paragraph (h)(4) is added to § 4.14 Branch in Customs Headquarters. extension of time within which concerning claims for relief made under Customs believes that these time frames necessary evidence may be filed will 19 U.S.C. 1466(h) in connection with provide a satisfactory and fully adequate likewise extend the time within which Lighter Aboard Ship (LASH) barges and opportunity within which to file a an Application for Relief may be filed. certain spare repair parts and materials. complete vessel repair entry. A provision is also added to Comment: One commenter observed Comment: Two commenters were § 4.14(i)(1) to note explicitly that there that there could be a gap in the confused by the requirement in is no requirement that an Application jurisdictional coverage of the VRU ports proposed § 4.14(h)(2)(i) that any foreign for Relief be filed in relation to a vessel as described in the proposal, which repairs necessitated on a vessel due to repair entry. However, if no Application could create uncertainty as to which stress of weather or other casualty be is filed, the duty amount on the entry VRU covered the Customs ports of limited to the cost of the ‘‘minimal will be determined without regard to Newport News and Richmond, Virginia. repairs’’ needed to secure the safety and any potential claim for relief from duty. To eliminate this potential uncertainty, seaworthiness of the vessel. Comment: Two commenters did not it was suggested that proposed § 4.14(g) Customs Response: Customs agrees know what was meant by the be changed to provide that all ports in that the provision is unduly vague. requirement in proposed § 4.14(i)(1)(i) the State of Virginia would fall within Section 4.14(h)(2)(i) is revised by that, in an Application for Relief, the the jurisdiction of the VRU in New removing this requirement. Also, a cost of items for which relief from duty Orleans, Louisiana. corresponding change is made in was being sought had to be segregated Customs Response: Customs agrees. § 4.14(i)(1)(v). from the cost of other items included in Section 4.14(g) is revised accordingly. Comment: Some commenters opposed a vessel repair entry for which relief was Comment: Several commenters the elimination, in connection with not being sought. disagreed with the reference to the proposed § 4.14(i), of the Petition for Customs Response: In § 4.14(i)(1)(i), terms ‘‘remission’’ and ‘‘refund’’ Review, as the last of two appeals for an Application for Relief must include regarding determinations for relief from relief from duty (the first being the copies of itemized bills, receipts and duty under the proposed regulation Application for Relief) that could be invoices covering all foreign voyage (proposed §§ 4.14(h) and (i), in made prior to the filing of an expenditures for equipment, parts of particular). They stated that in the vast administrative protest under 19 U.S.C. equipment, repair parts, materials and majority of cases, Customs would not 1514. One commenter asserted that over labor properly included in the vessel have received a deposit of any estimated the past three years, approximately two- repair entry. In requiring that the cost of duties which could be remitted or thirds of the petitions considered items for which relief from duty is refunded. It was recommended that the resulted in at least partial relief. sought be segregated in the Application proposed rule be revised to eliminate Customs Response: It is Customs from those items for which relief is not reference to these terms. experience that the procedure for a requested, Customs is merely reiterating Customs Response: The terms in Petition for Review has not provided the position consistently articulated question appear in the current vessel benefits sufficient to overcome the over many years in rulings on vessel repair statute (19 U.S.C. 1466), as well significant delays it causes in bringing repair relief requests. It continues to be as its predecessor provisions, the first of final resolution to vessel repair entry the case that if dutiable and non- which was enacted in 1866. At that relief claims. dutiable purchases are included on a
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single invoice, the costs attributable to (19 CFR 162.78) (presentations to reflect that vessel repair entries and each must be segregated in order that responding to prepenalty notice). related duties are not subject to appropriate relief might be correctly and Customs Response: Customs does not liquidation under 19 CFR part 159. effectively granted. believe that a cross reference to § 162.78 Comment: Two commenters objected is needed. Section 4.14(j)(1) already Conclusion to the certification requirements set contains a cross reference to § 162.72 of In view of the foregoing, and forth in proposed § 4.14(i)(1)(iii), (iv) the Customs Regulations (19 CFR following careful consideration of the and (v), essentially viewing these 162.72) which addresses penalty and issues raised by the commenters and provisions as being unnecessary, forfeiture actions under 19 U.S.C. 1466. further review of the matter, Customs burdensome, and inconsistent. Customs believes that this is sufficient has concluded that the proposed Customs Response: Customs disagrees under the circumstances. amendments with the modifications that the certification requirements Comment: Several commenters took discussed above should be adopted. contained in § 4.14(i)(1)(iii)–(v) pose exception to the proposed amendment any problem, as described. Respectively, of § 159.11(b) (19 CFR 159.11(b)) under Additional Change these certifications quite reasonably which assessments made in connection Part 178, Customs Regulations (19 provide, as part of an Application for with vessel repair entries would no CFR part 178), which lists the Relief, that the appropriate senior officer longer be subject to liquidation information collection approvals under must attest to all relevant circumstances procedures under part 159 (19 CFR part the Paperwork Reduction Act of 1995 relating to any casualty damage and any 159), and that such assessments would (44 U.S.C. 3501 et seq.), is revised to foreign repair expenditures that are instead be treated as ‘‘charges or make provision for the information enumerated in the vessel repair entry; exactions’’ protestable under 19 U.S.C. collection approval which covers this and that the master of the vessel must 1514(a)(3)). The commenters essentially vessel repair regulation. attest that any casualty-related believed that this change was expenditures were necessary to ensure unnecessary. Regulatory Flexibility Act and the safety and seaworthiness of the Customs Response: Customs has Executive Order 12866 vessel in reaching its U.S. port of concluded that vessel repair entries are This final rule revises the Customs destination. These certification distinct from the liquidation criteria as requirements have in substance long specified in 19 U.S.C. 1500, which is the Regulations concerning the declaration, appeared in the vessel repair regulations controlling statute that establishes entry, assessment of duty and (currently, see 19 CFR 4.14(d)(1)(iii)(D) appraisement, classification, and processing of petitions for relief from and (E) (1999)). Customs has determined liquidation procedures for purposes of duty, for subject vessels under the that they should be retained in these the duty assessment of imported vessel repair statute. The amendments regulations. merchandise. In this regard, Customs are intended to accurately reflect the As already noted, § 4.14(i)(1)(v) is believes that vessel repair entries do not existing statutory authority, as well as revised consistent with the change made involve entries of imported legal and policy determinations made in in § 4.14(h)(2)(i). merchandise, as provided in 19 U.S.C. this regard as the result of judicial Comment: One commenter wanted to 1500(d). Rather, a vessel repair entry decisions and administrative delete the requirement in proposed involves the assessment of duties in enforcement experience. As such, § 4.14(i)(1)(vi) that there be included, as connection with the cost of repairs that pursuant to the provisions of the part of an Application for Relief, copies are the result of foreign shipyard Regulatory Flexibility Act (5 U.S.C. 601 of any permits or other documents filed operations. The statute, 19 U.S.C. 1466, et seq.), it is certified that the with, or issued to the vessel operator by, is self-contained and sets a parallel amendments will not have a significant other agencies of the United States procedure for making a final economic impact on a substantial Government relating to the operation of determination of the duty due on such number of small entities. Accordingly, the vessel. The commenter stated that repairs. That statute provides for they are not subject to the regulatory there could be hundreds of permits procedures which are unique to the analysis or other requirements of 5 variously issued to vessel operators. vessel repair entry process. U.S.C. 603 and 604. Nor does this Customs Response: The permits or Consequently, while Customs has also document meet the criteria for a documents that fall within the scope of concluded that any assessments ‘‘significant regulatory action’’ as § 4.14(i)(1)(vi) would, of course, determined to be due on a vessel repair specified in E.O. 12866. encompass only those that are attendant entry for the cost of foreign repairs Paperwork Reduction Act upon the Application for Relief process. constitute duties, neither the vessel To this end, any submitted permits or repair entry nor any duties assessed on The collection of information documents from other agencies would the entry would be subject to contained in this final rule has be expected to bear some relevance to liquidation under 19 U.S.C. 1500 or 19 previously been reviewed and approved the claim for relief being sought. CFR part 159. by the Office of Management and Consequently, Customs would have no Although vessel repair entries will not Budget (OMB) in accordance with the interest in a vessel operator’s tax or be liquidated, any duties assessed on requirements of the Paperwork financing documents in the course of such entries will still be subject to Reduction Act of 1995 (44 U.S.C. 3501 considering repair claims involving, for protest under 19 U.S.C. 1514(a)(2). et seq.) under OMB control number example, a vessel collision at sea or a Section 4.14(i)(3) is revised to make this 1515–0082. This rule does not make any grounding incident. A clarifying change clear and to make clear that the substantive changes to the existing is made in this regard to § 4.14(i)(1)(vi). applicable protest period will begin on approved information collection. Part Comment: One commenter suggested the date of the issuance of the decision 178, Customs Regulations (19 CFR part that proposed § 4.14(j)(1) concerning by the VRU giving rise to the protest as 178), is amended to make provision for penalties for failure to report, enter or indicated on the relevant this information collection approval. An pay duty as required under the vessel correspondence from the appropriate agency may not conduct or sponsor, and repair statute should include a reference Vessel Repair Unit. Also, related a person is not required to respond to, to § 162.78 of the Customs Regulations changes are made to §§ 159.1 and 159.2 a collection of information unless the
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collection of information displays a the foreign or coastwise trades, as well remain outside the United States for two valid control number. as those which were previously years or longer are liable for duty only documented under the laws of some on those expenditures which are made Drafting Information foreign nation or are undocumented at during the first six months of their The principal author of this document the time that foreign shipyard repairs absence. See paragraph (h)(3) of this was Larry L. Burton, Office of are performed, but which exhibit an section. However, even though some Regulations and Rulings, U.S. Customs intent to engage in those trades under costs might not be dutiable because of Service. However, personnel from other Customs interpretations. Duty is based the six-month rule, all repairs, offices participated in its development. on actual foreign cost. This includes the materials, parts and equipment-related original foreign purchase price of List of Subjects expenditures must be declared and articles which have been imported into entered. 19 CFR Part 4 the United States and are later sent (c) Estimated duty deposit and bond Customs duties and inspection, abroad for use. For the purposes of this requirements. Generally, the person Declarations, Entry, Repairs, Reporting section, expenditures made in American authorized to submit a vessel repair and recordkeeping requirements, Samoa, the Guantanamo Bay Naval declaration and entry must either Vessels. Station, Guam, Puerto Rico, or the U.S. deposit or transmit estimated duties or Virgin Islands are considered to have produce evidence of a bond on Customs 19 CFR Part 159 been made in the United States, and are Form 301 at the first United States port Customs duties and inspection, Entry not subject to declaration, entry or duty. of arrival before the vessel will be procedures. Under separate provisions of law, the permitted to depart from that port. A cost of labor performed, and of parts and continuous or single entry bond of 19 CFR Part 178 materials produced and purchased in sufficient value to cover all potential Administrative practice and Israel are not subject to duty under the duty on the foreign repairs and procedure, Collections of information, vessel repair statute. Additionally, purchases must be identified by surety, Paperwork requirements, Reporting and expenditures made in Canada or in number and amount on the vessel repair recordkeeping requirements. Mexico are not subject to any vessel declaration which is submitted at the repair duties. Even in the absence of any Amendments to the Regulations port of first arrival. At the time the liability for duty, it is still required that vessel repair entry is submitted by the Parts 4, 159, and 178, Customs all repairs and purchases, including vessel operator to the appropriate VRU Regulations (19 CFR parts 4, 159, and those made in Canada, Mexico, and port of entry as defined in paragraph (g) 178), are amended as set forth below. Israel, be declared and entered. of this section, that same identifying (b) Applicability to specific types of information must be identified on the vessels. PART 4—VESSELS IN FOREIGN AND entry form. Sufficiency of the amount of DOMESTIC TRADES (1) Fishing vessels. As provided in § 4.15, vessels documented under U.S. the bond is within the discretion of 1. The general authority citation for law with a fishery endorsement are Customs at the arrival port with claims part 4, and the specific authority subject to vessel repair duties for for reduction in duty liability citation for § 4.14, continue to read as covered foreign expenditures. necessarily being subject to full follows: Undocumented American fishing consideration of evidence by Customs. Customs officials at the port of arrival Authority: 5 U.S.C. 301; 19 U.S.C. 66, vessels which are repaired, or for which parts, nets or equipment are purchased may consult the appropriate Vessel 1431, 1433, 1434, 1624; 46 U.S.C. App. 3, 91; Repair Unit (VRU) port of entry as * * * * * outside the U.S. are also liable for duty. (2) Government-owned or chartered identified in paragraph (g) of this Section 4.14 also issued under 19 U.S.C. section or the staff of the Entry 1466, 1498; vessels. Vessels normally subject to the vessel repair statute because of Procedures and Carriers Branch in * * * * * documentation or intended use are not Customs Headquarters in setting 2. Section 4.14 is revised to read as excused from duty liability merely sufficient bond amounts. These duty, follows: because they are either owned or deposit, and bond requirements do not chartered by the U.S. Government. apply to vessels which are owned or § 4.14 Equipment purchases by, and (3) Vessels continuously away for two chartered by the United States repairs to, American vessels. years or longer. Government and are actually being (a) General provisions and (i) Liability for expenditures operated by employees of an agency of applicability. Under section 466, Tariff throughout entire absence from U.S. the Government. If operated by a private Act of 1930, as amended (19 U.S.C. Vessels that continuously remain party for a Federal agency under terms 1466), purchases for or repairs made to outside the United States for two years whereby that private party is liable certain vessels while they are outside or longer are liable for duty on any fish under the contract for payment of the the United States, including repairs nets and netting purchased at any time duty, there must be a deposit or a bond made while those vessels are on the during the entire absence. Vessels filed in an amount adequate to cover the high seas, are subject to declaration, designed and used primarily for estimated duty. entry and payment of ad valorem duty. transporting passengers or merchandise, (d) Declaration required. When a This does not apply to reimbursement which depart the United States for the vessel subject to this section first arrives paid to members of the regular crew of sole purpose of obtaining equipment, in the United States following a foreign a vessel for labor expended in making parts, materials or repairs remain fully voyage, the owner, master, or authorized repairs to the vessel. These liable for duty regardless of the duration agent must submit a vessel repair requirements are effective upon the first of their absence from the United States. declaration on Customs Form 226, a arrival of affected vessels in the United (ii) Liability for expenditures made dual-use form used both for declaration States or Puerto Rico. The vessels during first six months of absence. and entry purposes, or must transmit its subject to these requirements include Except as provided in paragraph (b)(3)(i) electronic equivalent. The declaration those documented under U.S. law for of this section, vessels that continuously must be ready for presentation in the
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event that a Customs officer boards the Carriers Branch in Customs (2) Relief from duty under 19 U.S.C. vessel. If no foreign repair-related Headquarters by the VRU ports of entry. 1466(d). Requests for relief from duty expenses were incurred, that fact must Any request for an extension beyond a under 19 U.S.C. 1466(d) consist of be reported either on the declaration 30-day grant issued by a VRU must be claims that a foreign shipyard operation form or by approved electronic means. submitted through that unit to the Entry or expenditure involves any of the The Customs port of arrival receiving Procedures and Carriers Branch, following: either a positive or negative vessel Customs Headquarters. In the event that (i) Stress of weather or other casualty. repair declaration or electronic all cost evidence is not furnished within Relief will be granted if good and equivalent will immediately forward it the specified time limit, or is of doubtful sufficient evidence supports a finding to the appropriate VRU port of entry as authenticity, the VRU may refer the that the vessel, while in the regular identified in paragraph (g) of this matter to the Customs Office of course of its voyage, was forced by section. Investigations to begin procedures to stress of weather or other casualty, (e) Entry required. The owner, master, obtain the needed evidence. That office while outside the United States, to or authorized representative of the may also investigate the reason for a purchase such equipment or make those owner of any vessel subject to this failure to file or for an untimely repairs as are necessary to secure the section for which a positive declaration submission. Unexplained or unjustified safety and seaworthiness of the vessel in has been filed must submit a vessel delays in providing Customs with order to enable it to reach its port of repair entry on Customs Form 226 or sufficient information to properly destination in the United States. For the transmit its electronic equivalent. The determine duty may result in penalty purposes of this paragraph, a ‘‘casualty’’ entry must show all foreign voyage action as specified in paragraph (j) of does not include any purchase or repair expenditures for equipment, parts of this section. Extensions granted for the made necessary by ordinary wear and equipment, repair parts, materials and filing of necessary evidence may also tear, but does include the failure of a labor. The entry submission must extend the time for filing Applications part to function if it is proven that the indicate whether it provides a complete for Relief (see paragraph (i)(1) of this specific part was repaired, serviced, or or incomplete account of covered section). replaced in the United States expenditures. The entry must be (g) Location and jurisdiction of vessel immediately before the start of the presented or electronically transmitted repair unit ports of entry. Vessel Repair voyage in question, and then failed by the vessel operator to the appropriate Units (VRUs) are responsible for within six months of that date. VRU port of entry as identified in processing vessel repair entries. VRUs (ii) U.S. parts installed by regular paragraph (g) of this section, so that it are located in New York, New York; crew or residents. Relief will be granted is received within ten calendar days New Orleans, Louisiana; and San if equipment, parts of equipment, repair after arrival of the vessel. Claims for Francisco, California. The New York parts, or materials used on a vessel were relief from duty should be made unit processes vessel repair entries manufactured or produced in the United generally as part of the initial received from ports of arrival on the States and were purchased in the United submission, and evidence must later be Great Lakes and the Atlantic Coast of States by the owner of the vessel. It is provided to support those claims. the United States north of, but not required under the statute that residents Failure to submit full supporting including, those located in the State of of the United States or members of the evidence of cost within stated time Virginia. The New Orleans unit regular crew of the vessel perform any limits, including any extensions granted processes vessel repair entries received necessary labor in connection with such under this section, is considered to be from ports of arrival on the Atlantic installations. a failure to enter. Coast from and including those in the (f) Time limit for submitting evidence State of Virginia, southward, and from (iii) Dunnage. Relief will be granted if of cost. A complete vessel repair entry all United States ports of arrival on the any equipment, equipment parts, must be supported by evidence showing Gulf of Mexico including ports in Puerto materials, or labor were used for the the cost of each item entered. If the Rico. The San Francisco unit processes purpose of providing dunnage for the entry is incomplete when submitted, vessel repair entries received from all packing or shoring of cargo, for erecting evidence to make it complete must be ports of entry on the Pacific Coast temporary bulkheads or other similar received by the appropriate VRU port of including those in Alaska and Hawaii. devices for the control of bulk cargo, or entry as identified in paragraph (g) of (h) Justifications for relief from duty. for temporarily preparing tanks for this section within 90 calendar days Claims for relief from the assessment of carrying liquid cargoes. from the date of vessel arrival. That vessel repair duties may be submitted to (3) Relief under 19 U.S.C. 1466(e). evidence must include either the final Customs. Relief may be sought under Requests for relief from duty under 19 cost of repairs or, if the operator submits paragraphs (a), (d), (e), or (h) of the U.S.C. 1466(e) relate in pertinent part to acceptable evidence that final cost vessel repair statute (19 U.S.C. 1466(a), matters involving vessels normally information is not yet available, initial (d), (e), or (h)), each paragraph of which subject to the vessel repair statute, but or interim cost estimates given prior to relates to a different type of claim as that continuously remain outside the or after the work was authorized by the further specified in paragraphs (h)(1)– United States for two years or longer. operator. The proper VRU port of entry (h)(4) of this section. Vessels that continuously remain may grant one 30-day extension of time (1) Relief under 19 U.S.C. 1466(a). outside the United States for two years to submit final cost evidence if a Requests for relief from duty under 19 or longer may qualify for relief from satisfactory written explanation of the U.S.C. 1466(a) consist of claims that a duty on expenditures made later than need for an extension is received before foreign shipyard operation or the first six months of their absence. See the expiration of the original 90-day expenditure is not considered to be a paragraph (b)(3)(ii) of this section. submission period. All extensions will repair or purchase within the terms of (4) Relief under 19 U.S.C. 1466(h). be issued in writing. Inadequate, vague, the vessel repair statute or as Requests for relief from duty under 19 or open-ended requests will not be determined under judicial or U.S.C. 1466(h) consist of claims that a granted. Questions as to whether an administrative interpretations. Example: foreign shipyard operation or extension should be granted may be a claim that the shipyard operation is a expenditure involves any of the referred to the Entry Procedures and vessel modification. following:
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(i) Expenditures on LASH barges. Customs Headquarters with regard to only and final administrative appeal. Relief will be granted with respect to the any specific item or issue which has not The procedures and time limits cost of equipment, parts, materials, or been addressed by clear precedent. If no applicable to protests filed in repair labor for Lighter Aboard Ship Application is filed or if a submission connection with vessel repair entries are (LASH) operations accomplished which does not meet the minimal the same as those provided in part 174 abroad. standards of an Application for Relief is of this chapter. In particular, the (ii) Certain spare repair parts or received, the duty amount will be applicable protest period will begin on materials. Relief will be granted with determined without regard to any the date of the issuance of the decision respect to the cost of spare repair parts potential claims for relief from duty (see giving rise to the protest as reflected on or materials which are certified by the paragraph (h) of this section). Each the relevant correspondence from the vessel owner or master to be for use on Application for Relief must include appropriate VRU. a cargo vessel, but only if duty was copies of: (j) Penalties.—(1) Failure to report, previously paid under the appropriate (i) Itemized bills, receipts, and enter, or pay duty. It is a violation of the commodity classification(s) as found in invoices for items shown in paragraph vessel repair statute if the owner or the Harmonized Tariff Schedule of the (e) of this section. The cost of items for master of a vessel subject to this section United States when the article first which a request for relief is made must willfully or knowingly neglects or fails entered the United States. be segregated from the cost of the other (iii) Certain spare parts necessarily items listed in the vessel repair entry; to report, make entry, and pay duties as installed on a vessel prior to their first (ii) Photocopies of relevant parts of required; makes any false statements entry into the United States. Relief will vessel logs, as well as of any regarding purchases or repairs described be granted with respect to the cost of classification society reports which in this section without reasonable cause spare parts only, which have been detail damage and remedies; to believe the truth of the statements; or necessarily installed prior to their first (iii) A certification by the senior aids or procures any false statements entry into the United States with duty officer with personal knowledge of all regarding any material matter without payment under the appropriate relevant circumstances relating to reasonable cause to believe the truth of commodity classification(s) as found in casualty damage (time, place, cause, and the statement. If a violation occurs, the the Harmonized Tariff Schedule of the nature of damage); vessel, its tackle, apparel, and furniture, United States. (iv) A certification by the senior or a monetary amount up to their value (i) General procedures for seeking officer with personal knowledge of all as determined by Customs, is subject to relief. relevant circumstances relating to seizure and forfeiture and is recoverable (1) Applications for Relief. Relief from foreign repair expenditures (time, place, from the owner (see § 162.72 of this the assessment of vessel repair duty will and nature of purchases and work chapter). not be granted unless an Application for performed); (2) False declaration. If any person Relief is filed with Customs. Relief will (v) A certification by the master that required to file a vessel repair not be granted based merely upon a casualty-related expenditures were declaration or entry under this section, claim for relief made at the time of entry necessary to ensure the safety and knowingly and willfully falsifies, under paragraph (e) of this section. The seaworthiness of the vessel in reaching conceals or covers up by any trick, filing of an Application for Relief is not its United States port of destination; and scheme, or device a material fact, or required, nor is one required to be (vi) Any permits or other documents makes any materially false, fictitious or presented in any particular format, but filed with or issued by any United fraudulent statement or representation, if filed it must clearly present the legal States Government agency other than or makes or uses any false writing or basis for granting relief, as specified in Customs regarding the operation of the document knowing the same to contain paragraph (h) of this section. An vessel that are relevant to the request for any materially false, fictitious or Application must also state that all relief. fraudulent statement, that person will repair operations performed aboard a (2) Additional evidence. In addition, be subject to the criminal penalties vessel during the one-year period prior copies of any other evidence and provided for in 18 U.S.C. 1001. to the current submission have been documents the applicant may wish to declared and entered. A valid provide as evidentiary support may be PART 159—LIQUIDATION OF DUTIES Application is required to be supported submitted. Elements of applications by complete evidence as detailed in which are not supported by required 1. The authority citation for part 159 paragraphs (i)(1)(i)–(vi) and (i)(2) of this evidentiary elements will be considered is revised to read as follows: section. Except as further provided in fully dutiable. All documents submitted this paragraph, the deadline for receipt must be certified by the master, owner, Authority: 19 U.S.C. 66, 1500, 1504, 1624. of an Application and supporting or authorized corporate officer to be Subpart C also issued under 31 U.S.C. 5151. evidence is 90 calendar days from the originals or copies of originals, and if in Sections 159.4, 159.5, and 159.21 also date that the vessel first arrived in the a foreign language, they must be issued under 19 U.S.C. 1315; United States following foreign accompanied by an English translation, Section 159.6 also issued under 19 U.S.C. operations. The provisions for extension certified by the translator to be accurate. 1321, 1505; of the period for filing required Upon receipt of an Application for Section 159.7 also issued under 19 U.S.C. evidence in support of an entry, as set Relief by the VRU within the prescribed 1557; forth in paragraph (f) of this section, are time limits, a determination of duties Section 159.22 also issued under 19 U.S.C. applicable to extension of the time 1507; owed will be made. After a decision is Section 159.44 also issued under 15 U.S.C. period for filing Applications for Relief made on an Application for Relief by a 73, 74; as well. Applications must be addressed VRU, the applicant will be notified of Section 159.46 also issued under 19 U.S.C. and submitted by the vessel operator to the right to protest any adverse decision. 1304; the appropriate VRU port of entry and (3) Administrative protest. Following Section 159.55 also issued under 19 U.S.C. will be decided in that unit. The VRUs the determination of duty owing on a 1558; may seek the advice of the Entry vessel repair entry, a protest may be Section 159.57 also issued under 19 U.S.C. Procedures and Carriers Branch in filed under 19 U.S.C. 1514(a)(2) as the 1516.
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PART 159—[AMENDED] duties (not including vessel repair PART 178—APPROVAL OF duties) or drawback accruing on an INFORMATION COLLECTION 2. Part 159 is amended by removing entry. REQUIREMENTS the statutory authority citations that 4. Section 159.2 is amended by appear in parentheses immediately 1. The authority citation for part 178 adding a sentence to read as follows: below the texts of §§ 159.4–159.7, continues to read as follows: 159.21–159.22, 159.44, 159.46, 159.55, § 159.2 Liquidation required. Authority: 5 U.S.C. 301; 19 U.S.C. 1624; 44 and 159.57. * * * Vessel repair entries are not U.S.C. 3501 et seq. 3. Section 159.1 is revised to read as subject to liquidation under this part 2. Section 178.2 is amended by follows: (see § 4.14(i)(3) of this chapter). adding a new listing in the table in § 159.1 Definition of liquidation. appropriate numerical order to read as 5. Section 159.11(b) is amended by follows: Liquidation means the final removing the phrase, ‘‘vessel repair computation or ascertainment of the entries or’’. § 178.2 Listing of OMB control numbers.
OMB control 19 CFR section Description No.
******* § 4.14 ...... Vessel repair declaration and entry ...... 1515–0082
*******
Approved: March 6, 2001. List of Subjects in 32 CFR Part 199 enrollment in the TDP for up to three (3) Raymond W. Kelly, Claims, Dental health, Health care, years from the date of the member’s Commissioner of Customs. Health insurance, Individuals with death. This three-year period of Timothy E. Skud, disabilities, Military personnel. continued enrollment also applies to Acting Deputy Assistant Secretary of the dependents of active duty members who Accordingly, 32 CFR part 199 is died within the year prior to the Treasury. amended as follows: [FR Doc. 01–7325 Filed 3–23–01; 8:45 am] beginning of the TDP while the 1. The authority citation continues to dependents were enrolled in the BILLING CODE 4920–02–P read as follows: TFMDP. During the three-year period of Authority: 5 U.S.C. 301; 10 U.S.C. chapter continuous enrollment, the government 55 will pay both the Government and the 2. Section 199.3 is amended by DEPARTMENT OF DEFENSE beneficiary’s portion of the premium redesignating paragraphs (b)(4) and share. This continued enrollment is not Office of the Secretary (b)(5) as (b)(3) and (b)(4). contingent on the Selected Reserve or 3. Section 199.18(d)(1) is amended by Individual Ready Reserve member’s 32 CFR Part 199 revising the phrase ‘‘on or before’’ to own enrollment in the TDP. read ‘‘on or after’’ * * * * * RIN 0720–AA62 4. Section 199.13 amended by Dated: March 15, 2001. revising paragraph (c)(3)(ii)(E)(2) to read L.M. Bynum, Civilian Health and Medical Program of as follows: Alternate OSD Federal Register Liaison the Uniformed Services (CHAMPUS); Department of Defense. TRICARE; Partial Implementation of § 199.13 TRICARE Dental Program. [FR Doc. 01–6999 Filed 3–23–01; 8:45 am] Pharmacy Benefits Program; * * * * * Implementation of National Defense (c) * * * BILLING CODE 5001–10–M Authorization Act for Fiscal Year 2001 (3) * * * (ii) * * * AGENCY: Department of Defense. (E) * * * ENVIRONMENTAL PROTECTION (2) Continuation of eligibility for AGENCY ACTION: Interim final rule; correction. dependents of service members who die while on active duty or while a member 40 CFR Part 63 SUMMARY: On Friday, February 9, 2001 of the Selected Reserve or Individual [FRL–6767–8] (66 FR 9651), the Department of Defense Ready Reserve. Eligible dependents of published an interim final rule on active duty members while on active RIN 2060–AJ39 Partial Implementation of Pharmacy duty for a period of thirty-one (31) days Project XL Site-Specific Rulemaking Benefits Program; Implementation of or more and eligible dependents of National Defense Authorization Act for for Georgia-Pacific Corporation’s Selected Reserve or Individual Ready Facility in Big Island, VA Fiscal Year 2001. This document is Reserve members, as specified in 10 published to make administrative U.S.C. 10143 and 10144(b) respectively, AGENCY: Environmental Protection corrections to the rule. who die on or after the implementation Agency (EPA). DATES: This rule is effective April 1, date of the TDP, and whose dependents ACTION: Direct final rule. 2001. are enrolled in the TDP on the date of the death of the active duty, Selected SUMMARY: Under the Project XL FOR FURTHER INFORMATION CONTACT: Reserve or Individual Ready Reserve program, the EPA is supporting a project Tariq Shahid, 303–676–3801. member shall be eligible for continued for the Georgia-Pacific Corporation
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facility located in Big Island, Virginia. Docket Number A–2000–42, U.S. EPA, Department of Agriculture (USDA) The terms of the project are defined in 1200 Pennsylvania Avenue, NW., Forest Service, Georgia-Pacific, and the ‘‘Georgia-Pacific Corporation Big Washington, DC 20460. In person or by Virginia’s Department of Environmental Island, Virginia Project XL Final Project courier, deliver comments (in duplicate Quality. Agreement’’ (FPA). The EPA is issuing if possible) to: Air and Radiation Docket Outline this rule, applicable only to the Georgia- and Information Center (6102), Pacific Big Island facility, to help Attention Docket Number A–2000–42, I. Overview A. Project XL implement the project. U.S. EPA, 401 M Street, SW., Under the terms of the FPA, Georgia- B. Georgia-Pacific Project Description Washington, DC 20460. The EPA II. Amendments to the MACT II Rule Pacific will install and operate the first requests that a separate copy of each A. Georgia-Pacific’s Flexibility Need commercial scale, black liquor public comment be sent to the contact B. Rule Changes gasification system in the United States. person listed below. 1. Definitions Use of this system will provide superior Comments also may be submitted 2. Compliance Extensions air emissions reductions and energy electronically by sending electronic 3. Recordkeeping and Reporting benefits compared to the use of mail (e-mail) to: a-and-r- Requirements conventional technology for recovering [email protected]. Electronic comments C. Rationale for the Compliance Flexibility pulping chemicals from black liquor must be submitted as an ASCII file III. Administrative Requirements A. Executive Order 12866: Regulatory wastes in the pulp and paper industry. avoiding the use of special characters Once installed and successfully Planning and Review and any form of encryption. Comments B. Regulatory Flexibility Act (RFA), as operating, the black liquor gasification also will be accepted on diskette in Amended by the Small Business system is expected to easily meet WordPerfect or ASCII file format. All Regulatory Enforcement Fairness Act of emission standards that apply comments in electronic form must be 1996 (SBREFA), 5 U.S.C. 601 et seq. (specifically the National Emission identified by the docket number (No. A– C. Paperwork Reduction Act Standards for Hazardous Air Pollutants 2000–42). No confidential business D. Unfunded Mandates Reform Act From Chemical Recovery Combustion information should be submitted E. Executive Order 13045: Protection of Sources at Kraft, Soda, Sulfite, and through e-mail. Electronic comments Children from Environmental Health Risks and Safety Risks Stand-Alone Semichemical Pulp Mills, may be filed online at many Federal promulgated in the Federal Register on F. Executive Order 12875: Enhancing Depository Libraries. Intergovernmental Partnerships January 12, 2001 (66 FR 3179)). If a public hearing is held, it will take G. Executive Order 13084: Consultation However, since the system will be the place at the EPA Office of and Coordination with Indian Tribal first demonstrated on a commercial Administration Auditorium, Research Governments scale in the United States, there is some Triangle Park, North Carolina. H. National Technology Transfer and risk that it ultimately will not operate FOR FURTHER INFORMATION CONTACT: Mr. Advancement Act of 1995 (NTTAA) successfully. If this event occurs, David Beck, Office of Environmental I. Congressional Review Act Georgia-Pacific may require temporary Policy Innovation (MD–10), U.S. EPA, I. Overview relief from the otherwise applicable Research Triangle Park, NC 27711, emissions standards. Without this relief, telephone number (919) 541–5421, e- A. Project XL Georgia-Pacific would not proceed to mail: [email protected]. This site-specific regulation will help commercialize the gasification SUPPLEMENTARY INFORMATION: The EPA implement a project developed under technology. This action provides a is publishing this rule without prior Project XL, an EPA initiative to allow limited extension to the date of proposal because we view this as a regulated entities to achieve better compliance with the standards for the noncontroversial rule and do not environmental results at less cost. Big Island facility if the system is not anticipate adverse comment. However, Project XL—Excellence and successful. in the ‘‘Proposed Rules’’ section of Leadership—was announced on March DATES: This direct final rule will be today’s Federal Register, we are 16, 1995, as a central part of the effective on June 25, 2001, without publishing a separate document that National Performance Review and the further notice, unless EPA receives will serve as the proposal in the event EPA’s effort to reinvent environmental adverse comments by April 25, 2001. adverse comments are filed. This rule protection (60 CFR 27282, May 23, Written comments must be received by will be effective on June 25, 2001, 1995). Project XL provides private and April 25, 2001. Anyone requesting a without further notice unless we receive public regulated entities an opportunity public hearing must contact the EPA no any adverse comment by April 25, 2001. to develop a limited number of their later than April 5, 2001. If a public The amendment provision for extended own pilot projects, which afford them hearing is held, it will be on April 28, compliance times for Georgia-Pacific’s regulatory flexibility but also produce 2001, at 10:00 a.m. Requests to present Big Island facility, as described in the environmental protection that is oral testimony must be made by April XL project FPA, is crucial to the superior to what would be achieved 16, 2001. Persons interested in company’s plan to commercialize black through compliance with current and requesting a hearing, attending a liquor gasification. Given the economic reasonably anticipated future hearing, or presenting oral testimony at and environmental benefits presented regulations. These efforts are crucial to a hearing should call Mr. David Beck at by this technology, its use could the Agency’s ability to test new (919) 541–5421. If we receive any eventually become widespread in the regulatory strategies that reduce adverse comment, we will publish a pulp and paper industry. The draft FPA, regulatory burden and promote timely withdrawal in the Federal including all details of the project, was economic growth while achieving better Register informing the public that this made available for public comment environmental and public health direct final rule will not take effect. through a Federal Register notice on protection. The Agency intends to ADDRESSES: By U.S. Postal Service, send May 8, 2000 (65 FR 26606). No adverse evaluate the results of this and other comments (in duplicate if possible) to: comments were received as a result of Project XL projects to determine which Air and Radiation Docket and that notice, and the FPA subsequently specific elements of the project(s), if Information Center (6102), Attention was signed by the EPA, the U.S. any, should be more broadly applied to
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other regulated entities for the benefit of particular projects that embody them. B. Georgia-Pacific Project Description both the economy and the environment. Furthermore, as EPA indicated in Georgia-Pacific owns and operates a Under Project XL, participants in four announcing the XL program, the Agency non-sulfur, non-bleaching pulp and categories—facilities, industry sectors, expects to adopt only a limited number paper mill at Big Island, Virginia. The governmental agencies, and of carefully selected projects. These facility produces two products: communities—are offered the flexibility pilot projects are not intended to be a corrugating medium, which is used by to develop common sense, cost-effective means for piecemeal revision of entire box manufacturing plants to make the strategies that will replace or modify programs. Depending on the results in fluted inner layer of corrugated boxes; specific regulatory requirements on the these projects, EPA may or may not be and linerboard, which is used for the condition that they produce and willing to consider adopting the inside and outside layers of the boxes. demonstrate superior environmental alternative interpretation again, either Corrugating medium is made from semi- performance. To participate in Project generally or for other specific facilities. chemical (sodium carbonate/sodium XL, applicants must develop alternative pollution reduction strategies pursuant The EPA believes that adopting hydroxide) hardwood pulp and to eight criteria: superior environmental alternative policy approaches and secondary (recycled) fiber, and performance; cost savings and interpretations, on a limited, site- linerboard is made from fiber recycled paperwork reduction; local stakeholder specific basis and in connection with a from old corrugated containers, involvement and support; test of an carefully selected pilot project, is clippings and rejects from corrugated innovative strategy; transferability; consistent with the expectations of container manufacturing plants, and feasibility; identification of monitoring, Congress about EPA’s role in some mixed office waste paper. The reporting and evaluation methods; and implementing the environmental secondary fiber operations supply 100 avoidance of shifting risk burden. They statutes (so long as the Agency acts percent of the fiber for the linerboard must have the full support of affected within the discretion allowed by the mill and about 20 percent of the fiber for Federal, state and tribal agencies to be statute). Congress’ recognition that there the corrugating medium mill. Overall, selected. For more information about is a need for experimentation and the mill produces an average 870 tons the XL criteria, readers should refer to research, as well as ongoing per day of corrugating medium and 730 60 FR 27282, May 23, 1995 and 62 FR reevaluation of environmental tons per day of linerboard. 19872, April 23, 1997, and the programs, is reflected in a variety of The mill is located in Bedford County, September 1999 document ‘‘A Guide to statutory provisions, such as sections adjacent to the James River and Writing Final Project Agreements under 101(b) and 103 of the CAA. approximately 20 miles northwest of Project XL.’’ Lynchburg, Virginia. A principal Each XL project relies on the input concern for this area is air quality due The XL program is intended to allow from a project stakeholder group, which the EPA to experiment with untried, to the close proximity of the James River usually includes representatives from Face Wilderness. The James River Face potentially promising regulatory the project sponsor, EPA, the involved approaches, both to assess whether they Wilderness is about 3 miles to the State environmental agency, northwest of the mill and under the provide benefits at the specific facility environmental groups, local community affected, and whether they should be CAA was classified a Federal Class I air representatives, and other parties with considered for wider application. Such quality area. The USDA Forest Service, an interest in the project. The pilot projects allow the EPA to proceed a signatory to the FPA, is the designated stakeholder group works out the more quickly than otherwise would be Federal Land Manager for assuring that provisions of the FPA, which includes possible when undertaking changes on the air quality related values for this a nationwide basis. As part of this the details of the project, a timetable for Class I area are maintained. experimentation, the EPA may try out completion, and the responsibilities of The population of Big Island is approaches or legal interpretations that the signatories. The FPA is a statement approximately 400. The population depart from or are even inconsistent of the plans and intentions of each within a 5-mile radius is about 2,100. with longstanding Agency practice, so signatory with respect to the project, but Within a 25-mile radius of the mill long as those interpretations are within is not a legally binding document. The (which includes the city of Lynchburg) the broad range of discretion enjoyed by stakeholder group for the Georgia- is a population of approximately the Agency in interpreting statutes that Pacific project included representatives 111,500. it implements. The EPA may also from the EPA, the Virginia Department The mill currently handles the spent modify rules, on a site-specific basis, of Environmental Quality, the USDA (‘‘black’’) liquor from wood pulping that represent one of several possible Forest Service, the U.S. Department of operations by reducing liquor water policy approaches within a more Energy (DOE), a local environmental content using a conventional multiple general statutory directive, so long as group, the Big Island community, and, effect evaporation train and combusting the alternative being used is permissible of course, Georgia-Pacific. A notice that the concentrated (about 60 percent under the statute. the draft FPA for the Georgia-Pacific solids) liquor in two smelters. Molten Adoption of such alternative project was available for public smelt is drawn from the smelters and approaches or interpretations in the comment appeared in the Federal dissolved in water to recover the context of a given XL project does not, Register on May 8, 2000. No comments sodium carbonate. This solution is used however, signal the EPA’s willingness to were received on the draft FPA, and the to make up the cooking liquor added to adopt that interpretation as a general final FPA was signed on May 31, 2000 the hardwood chips going to the matter, or even in the context of other by Georgia-Pacific, the EPA, the Virginia digesters (cooking vessels) to produce XL projects. It would be inconsistent Department of Environmental Quality, the pulp. Exhaust gases from the with the forward-looking nature of these and the USDA Forest Service (the final smelters pass through a venturi scrubber pilot projects to adopt such innovative FPA has been posted on EPA’s website and are then discharged to the approaches prematurely on a at: http://www.epa.gov/ProjectXL/ atmosphere. widespread basis without first georgia/index.htm). In the agreement, The mill currently is subject to two determining whether or not they are EPA committed to undertake this emission standards. The first is the so- viable in practice and successful in the rulemaking. called ‘‘Cluster Rule,’’ promulgated on
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April 15, 1998 (40 CFR part 63 subpart used in the industry. Of these two conversion and chemical recovery, S) under the CAA. That rule sets options, Georgia-Pacific would choose elimination of the smelt-water explosion performance standards for regulated to replace the smelters with hazard, reduced operation and emission sources in pulp and paper conventional recovery technology. maintenance costs, and significantly production plants and is based on However, Georgia-Pacific also lower environmental emissions. The maximum achievable control investigated a third alternative for emissions expected to be reduced technology (MACT). A second MACT chemical recovery, replacing the include: particulates (PM, PM10), sulfur TM based standard applicable to pulp and smelters with a PulseEnhanced , dioxide (SO2), total reduced sulfur paper mills (National Emission steam reforming black liquor (TRS), nitrogen oxides (NOX), volatile Standards for Hazardous Air Pollutants gasification system, developed by Stone organic compounds (VOC), carbon From Chemical Recovery Combustion Chem, Inc. This technology uses steam monoxide (CO), hazardous air Sources at Kraft, Soda, Sulfite, and reforming to convert the organics in pollutants (HAP), and greenhouse gases, Stand-Alone Semichemical Pulp Mills black liquor to a hydrogen-rich gas fuel, specifically carbon dioxide (CO ). These or ‘‘MACT II’’), was promulgated in the leaving the residual pulping chemicals 2 benefits are particularly attractive to Federal Register on January 12, 2001 (primarily sodium carbonate) for reuse. pulp mills such as Georgia-Pacific’s at (66 FR 3179) specifically to address The gas can then be used as a clean Big Island that use a semi-chemical non- hazardous air pollutant emissions from burning energy source for heat in the combustion sources associated with the gasification unit and as an alternative sulfur process that requires auxiliary recovery of pulping chemicals. Georgia- boiler fuel, replacing fossil-fuel based fossil fuel to sustain combustion of the Pacific’s two existing smelters (a type of (non-renewable) natural gas. black liquor. Projected benefits to the semi-chemical combustion unit) are Implementation of such a gasification Big Island facility and surrounding areas subject to the second rule. system is expected to allow the Big include significant reductions in NOX, The MACT II rule contains a Island facility to reduce emissions well VOC, CO, and particulates. Table 1 performance standard to be met, but below the MACT II HAP emission below is taken from the FPA and does not specify a particular technology standards, and to significantly lower compares actual emissions from the that must be used. The current emissions of other criteria pollutants, existing smelters to estimated emissions emissions from Georgia-Pacific’s two compared to installation of conventional from use of conventional recovery boiler existing smelters at Big Island are above technology. technology and a new gasification the HAP emission standard in the The signatories to the FPA believe system. MACT II rule. For Georgia-Pacific’s Big that gasification of black liquor Note: The emissions are based on Island facility to meet the standard in represents a new and better approach combustion of 400,000 lbs per day of black the MACT II rule, the smelters would for the chemical recovery process and liquor solids). have to be upgraded substantially. The eliminates many of the deficiencies of age and physical condition of the the conventional recovery furnace and Although HAP emissions are not listed smelters dictates that they either be fluid bed combustion technologies. The separately in the table, the HAPs rebuilt with additional emission control benefits of gasification to the paper emitted at the facility are organic and, devices or replaced, such as with a industry generally are expected to therefore, included in the value for conventional recovery boiler commonly include: increased efficiency in energy VOC.
TABLE 1.—EMISSIONS COMPARISON OF CHEMICAL RECOVERY UNITS [Tons/yr]
Existing Conven- Gasification Pollutant smelters tional boiler system
NOX ...... 168 90.4 19.3 SO2 ...... 13 10.3 1.1 CO ...... 7,592 146.1 11.7 CO2 ...... 103,450 117,800 96,662 VOC ...... 1,646 7.5 0.88 Particulates ...... 440 14.8 1.88
Although Georgia-Pacific’s feasibility compliance with the MACT II rule. With a Kraft pulp mill, to fulfill an obligation analysis indicated the risks of this demonstration of a new technology under their funding agreement with attempting to construct and operate the come risks that the technology DOE). The nature of this relief and the new technology would be within ultimately will not be successful. If this rationale for it are discussed more fully acceptable limits from a technical situation occurs, Georgia-Pacific may in section III.B of this preamble. standpoint, the company had two other not have a functioning replacement for As indicated by the schedule in the concerns. The first concern was the cost their smelters in time to meet the MACT FPA, Georgia-Pacific has begun of the project. Estimated costs to II compliance date, which is March 13, preliminary construction activities at complete a gasification project, the first 2004. Therefore, the FPA for this XL Big Island for the black liquor of its kind, were quite high and project contains EPA’s commitment to gasification system. The construction considerably more than costs for undertake a rulemaking to provide schedule calls for completion of installing a new conventional recovery temporary relief from the MACT II equipment installation by August 30, boiler. Therefore, Georgia-Pacific sought compliance date for this situation (and 2002 and completion of activities and has received some co-funding help also for a defined time period in which leading to startup by September 1, 2003. from the U.S. Department of Energy Georgia-Pacific will run the new Of course this schedule is subject to (DOE). The second concern involved gasification system on black liquor from some uncertainties, especially
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considering the technology is being pulp and paper industry. However, the will occur at the end of the installed for the first time at this scale. vast majority of pulp mills are of the commissioning period. Delays may occur not only in the Kraft type, and only a dozen or so mills 2. Compliance Extensions procurement and installation of in the U.S. are of the semi-chemical equipment, but also in the start-up of type. Therefore, the Department of Paragraph (c) is added to § 63.863— the system. The system is complex, and Energy, in their contract with Georgia- Compliance Dates to allow compliance individual components must be Pacific to fund part of the cost of the date extensions for the Georgia-Pacific operated and adjusted before the entire gasification system, requested the trials Big Island plant in the event of failure system can be started. Georgia-Pacific to see how well the new technology of the gasification system and also anticipates additional adjustments as could handle Kraft black liquor. during the time of the Kraft liquor trials. operation of the entire system is Georgia-Pacific has not requested any The compliance extensions are attempted and as production is other Federal regulatory flexibility. The described more fully below. gradually increased toward capacity. company intends to comply with all In the event the gasification system is If the gasification system cannot be other CAA requirements, including a failure, the amendments provide operated successfully, Georgia-Pacific those for new source review of the Georgia-Pacific a compliance extension will construct a conventional recovery gasification system construction. for the existing smelters of up to three years from the date the gasification boiler. This will take approximately B. Rule Changes three years from the time the system is declared a failure, but no later gasification system is declared a failure. The amendments to the MACT II rule than March 1, 2007. The three years After either successfully starting up the to help implement the Georgia-Pacific provides the company time to build and gasification system and conducting the XL project are discussed below. start up a new conventional recovery Kraft liquor trials or declaring the Note: As is the case with other Federal boiler to replace the existing smelters. gasification system a failure and emission standards, EPA intends to delegate March 1, 2007 is the longest possible constructing and starting up a authority to implement the provisions of the duration of the extension, since it is conventional recovery boiler, Georgia- MACT II rule to the States, and these three years after the latest date Georgia- amendments specifically to Virginia. Pacific will shut down and Pacific agreed to declare that the system decommission the existing smelters. has failed. To obtain this extension, 1. Definitions Georgia-Pacific must provide a notice to II. Amendments to the MACT II Rule The startup of a new emissions unit the Administrator stating that the is an important event because it defines system has failed and describing the A. Georgia-Pacific’s Flexibility Need the point in time that the new unit must events leading to that declaration. There are no current full-scale be in compliance with an applicable Finally, Georgia-Pacific, according to commercial applications of the black hazardous air pollutant standard. The their contract with the Department of liquor, steam-reforming gasification General Provisions for part 63 (40 CFR Energy, must operate the new technology of the type proposed by part 63 subpart A) defines startup as gasification system for up to 500 hours Georgia-Pacific. Therefore, there is a risk follows: ‘‘Startup means the setting in using black liquor from a donor Kraft that the gasification system will fail. operation of an affected source for any pulp mill. While the gasification system Although Georgia-Pacific considers this purpose.’’ This definition would apply is processing Kraft liquor, the existing an unlikely occurrence, it is possible to the startup of the gasification system smelters must operate to process the that despite Georgia-Pacific’s best at Big Island. Georgia-Pacific raised a black liquor generated by the Big Island efforts, the system may never perform as concern with this general definition, plant. Although the Kraft trials will last expected or to a level sufficient to particularly with the possible up to 500 hours, the trials may not run warrant continued operation. If this connotation of operation ‘‘for any continuously for that period of time. happens, Georgia-Pacific will construct purpose.’’ Under this definition, the Separate trials may last only a few a standard chemical recovery boiler in company felt that the gasification hours. Between trials various system lieu of a gasification system to comply system could be deemed by an components may be adjusted in an effort with MACT II, and will need to enforcement agency to have achieved to improve system performance or find continue to operate the existing smelters ‘‘startup’’ before the many components optimum performance. Therefore, the while the standard recovery boiler is operated together as a system and total elapsed time to accumulate up to constructed. For this situation also, within the specifications of the 500 hours of Kraft liquor trials may be Georgia-Pacific requested the flexibility manufacturer. Startup of the new as high as 1500 consecutive hours. The to operate the existing smelters past the gasification system at Big Island likely smelters must operate during this entire MACT II compliance date for existing will occur only after a protracted period period. If the trials occur after the sources. of operating and adjusting the many MACT II compliance date, the In addition to the situation described parts of the system, first individually amendments allow the existing smelters above, Georgia-Pacific requested the and then all together; a period Georgia- to operate for up to 1500 hours during flexibility to operate the existing Pacific calls commissioning. The EPA the Kraft trials, without the MACT II smelters for a short time after the MACT agrees, in this instance, that the General standard applying. Prior to conducting II compliance date, as necessary, to Provisions definition of startup could Kraft liquor trials, Georgia-Pacific must allow Georgia-Pacific to conduct limited lead to some confusion as to when notify the Administrator of the 1500- trials of the new gasification system on startup occurs, especially considering hour time period in which it intends to black liquor from a Kraft pulp mill. that this new, complex gasification conduct the trials (and operate the Kraft mill black liquor has technology has never been started up existing smelters). characteristics different from those of before on a commercial scale. Therefore, the liquor generated by Georgia-Pacific’s a definition of ‘‘startup’’ applying only 3. Recordkeeping and Reporting semi-chemical pulp mill. The to the gasification system at Big Island, Requirements Department of Energy is interested, as is has been added to § 63.861— Under § 63.866—Recordkeeping EPA, in the potential for widespread use Definitions. The definition makes clear requirements, a new paragraph ((c)(7)) of the gasification technology in the that startup of the new gasification unit requires Georgia-Pacific to record the
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hours the existing smelters operate gasification system, if successful at Although Georgia-Pacific’s facility at Big during the Kraft liquor trials. This Georgia-Pacific’s Big Island facility, is Island is not large enough to make requirement will allow enforcement of expected to produce significant combined cycle energy production the 1500 maximum duration of a environmental benefits, including economically viable, Kraft process pulp compliance waiver for the existing reductions in emissions of all regulated mills in the U.S. are large enough. For smelters during Kraft liquor trials. air pollutants. These reductions extend a Kraft facility employing black liquor Paragraph (a)(2) has been added to beyond those expected from gasification and combined cycle energy § 63.867—Reporting requirements—to conventional recovery boilers, which production, the reduction in fossil fuel specify notices Georgia-Pacific must are commonly used in the industry and use and greenhouse gas generation send to the EPA Administrator (or his/ can meet the MACT II standard. (See would be dramatic. her authorized representative, such as a section II.B.2 of this preamble for a Compared to average utility grid State that has been delegated authority discussion of emission reduction emissions, generating electricity from a to implement the provisions of the rule), benefits.) prior to invoking one of the compliance These emission reduction benefits gasification unit would result in lower extensions. include the effects of the gasification emissions of combustion related air To obtain the three year extension to system’s greater energy efficiency. The pollutants. Displacing old, coal based build a conventional recovery unit in system will convert black liquor into a utility boilers with a biomass based fuel, the event the gasification system fails, hydrogen rich gas. Some of this gas will in this instance black liquor, would Georgia-Pacific must submit a notice be used to fuel the pulsed heaters significantly lower emissions of CO2, a providing the date the company providing energy to the gasification pervasive greenhouse gas that can declared the system a failure and the process and the remaining gas will be contribute to global climate change. reasons why the technology was not combusted in a boiler to produce steam. When this technology is successfully successful. The decision to declare the Steam generated by the gasification demonstrated with combined cycle new gasification system a failure rests system will offset steam currently energy generation and assuming with Georgia-Pacific alone, since only generated at Big Island by fossil fuel utilization of currently available the company will know the technical combustion. Although a conventional biomass, studies show that the energy information pertaining to failure of the recovery boiler also will produce steam, savings could transform the domestic system. Although the decision is theirs, the gasification system at Georgia- Pulp and Paper Industry from being a Georgia-Pacific will declare the system Pacific’s Big Island facility is expected net importer of 6 gigawatts of electrical a failure only after exhausting all to do so with somewhat greater energy power to a net exporter. The studies also possibilities for success and only as a efficiency, lower air pollution levels, indicate that successful development last resort. Despite funding help from and significantly lower annual operating and deployment of gasification DOE, the company will be spending costs. technology would result in a decrease in tens of millions of dollars on the Successful completion of this XL greenhouse gas emissions of 18 million gasification system, and failure of the project will show this technology to be metric tons per year. system means Georgia-Pacific will have capable of providing full chemical (SOURCE: The Forest Products Industry to spend additional tens of millions of recovery capacity for a semi-chemical Gasification Combined Cycle Initiative, dollars to scrap the failed system and mill. This includes demonstration of the American Forest & Paper Association construct a conventional recovery reliability and operational flexibility of the gasification system and all of the (AF&PA) Agenda 2020, July 1998, boiler. Thus, the company has www.agenda2020.org). considerable incentive to make the associated equipment. Once the technology work. technology is demonstrated, the Over the next 10 to 15 years, the Also, prior to conducting any trials industry can apply it at other pulp and industry expects that a large fraction of using Kraft black liquor, Georgia-Pacific paper facilities to obtain better energy the existing conventional chemical must submit a notice that: (1) Identifies conversion, improved safety, and recovery boilers will reach the end of the period in which the trials will take environmental performance. The Big their useful life and have to be replaced. place and (2) explains why the trials Island semi-chemical mill is similar in If black liquor gasification has become could not be run prior to the compliance characteristics to 12 other mills in the a proven technology by the time date applicable to the existing smelters. U.S. producing virgin pulp for replacement decisions are made, a large- containers. Success of black liquor C. Rationale for the Compliance scale conversion to the new technology gasification at Big Island and success of could occur. Flexibility the scheduled Kraft liquor trials will For certain defined circumstances (see contribute significantly to its Beyond the environmental and energy sections III.B.2 and III.B.3 of this implementation in the much larger benefits described above, black liquor preamble), the rule amendments allow number of Kraft mills. Success also may gasification has a safety benefit over Georgia-Pacific to operate their existing pave the way for commercial scale conventional chemical recovery smelters beyond the MACT II standard’s application of gasification to the technology. In the gasification process, compliance date, which is 3 years after conversion of non-wood liquors, concentrated black liquor is pyrolyzed the effective date of the standard. Of sludges, and agricultural wastes to in a fluid bed gasifier through indirectly course, EPA is aware that section energy. applied heat, liberating a hydrogen rich 112(i)(3)(A) of the CAA states that In addition to producing steam, gas. Sodium carbonate pellets formed compliance with a MACT standard shall gasification technology could be used to during the pyrolysis are drawn from the be no later than 3 years from the generate onsite electricity, thereby fluidized bed into a dissolving tank to standard’s effective date. However, EPA offsetting a pulp mill’s demand for reconstitute ‘‘green’’ liquor for recycle to notes that the special circumstances in electricity purchased from the utility the pulping process. Other gasification this instance warrant the flexibility. grid. By configuring the black liquor or conventional recovery technologies First, as described above, without this gasification system to burn the product employ flame combustion within a flexibility, Georgia-Pacific would not gas in a combined cycle gas turbine reactor vessel or an intermediate smelt proceed to construct the black liquor system, the energy released would be phase. The formation of smelt carries gasification system. The new harnessed to generate clean electricity. the potential for smelt-water explosions,
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which are a major safety concern in the the new conventional unit has achieved benefits of gasification technology. (This operation of conventional recovery startup, which could be as long as same rationale serves to justify any boilers. The steam reforming, black March 1, 2007. potential compliance extension needed liquor gasification process to be Of all the possibilities, the most to test the new gasification unit at Big constructed at Big Island does not probable scenario is that the new Island, Virginia on kraft mill black produce a smelt phase and, thus, gasification system will be started up liquor.) eliminates the potential for smelt-water prior to the MACT II compliance date, The compliance flexibility afforded by explosions. but the Kraft liquor trials will occur these amendments to the MACT II rule In short, EPA sees that significant after that date. This means that the is limited to the existing smelters at the environmental, economic, and safety greatest likelihood is that the public Big Island facility, and only for this XL benefits would accrue from successful surrounding the Big Island facility will demonstration project. completion of this XL project, not only experience smelter emissions up to 1500 III. Administrative Requirements at the Big Island plant but potentially hours longer than they would without nationwide. Nonetheless, these this XL project, of course with the A. Executive Order 12866: Regulatory potential benefits must be measured prospect of much lower emissions from Planning and Review against any potential adverse effects success of the gasification system. Because this rule affects only one from undertaking the project. Under this In summary, the Agency has facility, it is not a rule of general project, the potential exists for operation considered the expected environmental applicability and therefore not subject to of the existing smelters at Big Island and energy benefits, safety OMB review and Executive Order beyond the time they otherwise would improvement, reduced operation and 12866. In addition, OMB has agreed that have been shut down. Specifically, maintenance costs, and high potential review of site specific rules under during the project and under certain for transfer to the rest of the pulp and Project XL is not necessary. situations, current HAP emissions from paper industry expected from a the existing smelters may continue successful demonstration of the black B. Regulatory Flexibility Act (RFA), as beyond the MACT II compliance date liquor gasification technology at Amended by the Small Business (March 13, 2004). As stated before, Georgia-Pacific’s Big Island facility. The Regulatory Enforcement Fairness Act of current smelter HAP emissions are Agency also has weighed the possibility 1996 (SBREFA), 5 U.S.C. 601 et seq. above those that would be allowed of allowing the existing emissions from The Regulatory Flexibility Act (RFA) under the MACT II standard. Without the smelters, which are higher than generally requires an agency to conduct this XL project, Georgia-Pacific would allowed by the MACT II standard, to a regulatory flexibility analysis of any replace the smelters with conventional persist for a limited time beyond the rule subject to notice and comment chemical recovery technology on or MACT II compliance date. Finally, the rulemaking requirements unless the before the compliance date. The Agency has noted the solid support for agency certifies that the rule will not amounts of ‘‘excess’’ smelter emissions the project from all stakeholders have significant economic impact on a that actually will occur under this XL involved in the project, including those substantial number of small entities. project depend on how well the representing the communities near the Small entities include small businesses, construction and startup of the Big Island plant. Based on all available small not-for-profit enterprises, and gasification system proceeds. information, the Agency has concluded small governmental jurisdictions. This It is quite possible that Georgia-Pacific that it is in the best interest of the final rule would not have a significant will be able to construct and environment and public health and impact on a substantial number of small successfully start up the unit according welfare to grant the regulatory flexibility entities because it only affects one to their current schedule, which allows requested by Georgia-Pacific to source, the Georgia-Pacific plant at Big for several months of commissioning undertake this XL project. In the event Island, VA, which is not a small entity. activities leading to startup. Under such that the gasification technology should Therefore, I conclude that this action a scenario, Georgia-Pacific could shut fail, the Agency would regard the will not have a significant economic down the smelters before the MACT II Georgia-Pacific mill as a different type impact on a substantial number of small compliance date and not need any of mill essentially part of its own entities. compliance flexibility. subcategory—a mill that had attempted Even if Georgia-Pacific is able to start to operate using a method of pulping C. Paperwork Reduction Act up the new system according to liquor recovery—gasification—different This action applies only to one schedule, it is probable that the Kraft from that used by any other source. In company, and therefore requires no liquor trials will occur, at least in part, the event of failure of gasification, this information collection activities subject after the MACT II compliance date. unique source would then be accorded to the Paperwork Reduction Act, and These trials cannot be run until Georgia- the statutory 3 year compliance period therefore no information collection Pacific has started up the gasification to use conventional recovery boiler request (ICR) will be submitted to OMB system and run it for some period under technology to achieve the MACT II for review in compliance with the stable operation. Therefore, it is likely emission standard. In addition, as EPA Paperwork Reduction Act, 44 U.S.C. that the Kraft trials will require the indicated in the MACT I rule, there are 3501 et seq. smelters to operate for up to 1500 hours rare circumstances where the three year after the compliance date. compliance date can serve as such a D. Unfunded Mandates Reform Act The worst case scenario, which also is disincentive to pollution control as to Title II of the Unfunded Mandates the least likely, occurs if Georgia-Pacific no longer properly be considered Reform Act of 1995 (UMRA), Public is unable to successfully operate the MACT. See 63 Federal Register at Law 104–4, establishes requirements for gasification system. If this occurs, 18527–528 (acting to avoid discouraging Federal agencies to assess the effects of Georgia-Pacific would have to construct mills from installing advanced water their regulatory actions on State, local a new conventional recovery boiler, and treatment technologies). EPA is and tribal governments and the private would be allowed up to three years to similarly acting here to assure that the sector. Under section 202 of the UMRA, do so. Under such a scenario, the compliance date not serve as a EPA generally must prepare a written existing smelters would operate until disincentive to the potentially great statement, including a cost-benefit
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analysis, for proposed and final rules environmental health or safety risk that and received meaningful and timely with ‘‘Federal mandates’’ that may EPA has reason to believe may have a input in the development of this rule. result in expenditures to State, local, disproportionate effect on children. If G. Executive Order 13175 (Consultation and tribal governments, in the aggregate, the regulatory action meets both criteria, and Coordination with Indian Tribal or to the private sector, of $100 million the Agency must evaluate the Governments) or more in any one year. Before environmental health or safety effects of promulgating an EPA rule for which a the planned rule on children, and Executive Order 13175, entitled written statement is needed, section 205 explain why the planned regulation is ‘‘Consultation and Coordination with of the UMRA generally requires EPA to preferable to other potentially effective Indian Tribal Governments’’ (65 FR identify and consider a reasonable and reasonably feasible alternatives 67249, November 6, 2000), requires EPA number of regulatory alternatives and considered by the Agency. The EPA to develop an accountable process to adopt the least costly, most cost- interprets E.O. 13045 as applying only ensure ‘‘meaningful and timely input by effective or least burdensome alternative to those regulatory actions that are tribal officials in the development of that achieves the objectives of the rule. based on health or safety risks, such that regulatory policies that have tribal The provisions of section 205 do not the analysis required under section 5– implications.’’ ‘‘Policies that have tribal apply when they are inconsistent with 501 of the Order has the potential to implications’’ is defined in the applicable law. Moreover, section 205 influence the regulation. This action is Executive Order to include regulations allows EPA to adopt an alternative other not subject to E.O. 13045 because it is that have ‘‘substantial direct effects on than the least costly, most cost-effective not economically significant as defined one or more Indian tribes, on the or least burdensome alternative if the in E.O. 12866, and in fact applies only relationship between the Federal Administrator publishes with the final to one source, Georgia-Pacific’s facility government and the Indian tribes, or on rule an explanation why the alternative in Big Island, Virginia. Additionally, the distribution of power and was not adopted. Before EPA establishes this action promotes lower emissions responsibilities between the Federal any regulatory requirements that may compared to the emissions that would government and Indian tribes.’’ significantly or uniquely affect small otherwise exist at that facility. This direct final rule does not have governments, including tribal tribal implications. It will not have F. Executive Order 13132 (Federalism) governments, it must have developed substantial direct effects on tribal under section 203 of the UMRA a small Executive Order 13132, entitled governments, on the relationship government agency plan. The plan must ‘‘Federalism’’ (64 FR 43255, August 10, between the Federal government and provide for notifying potentially 1999), requires EPA to develop an Indian tribes, or on the distribution of affected small governments, enabling accountable process to ensure power and responsibilities between the officials of affected small governments ‘‘meaningful and timely input by State Federal government and Indian tribes, to have meaningful and timely input in and local officials in the development of as specified in Executive Order 13175. the development of EPA regulatory regulatory policies that have federalism Today’s rule does not significantly or proposals with significant Federal implications.’’ ‘‘Policies that have uniquely affect the communities of intergovernmental mandates, and federalism implications’’ is defined in Indian tribal governments. This direct informing, educating, and advising the Executive Order to include final rule affects only the Georgia- small governments on compliance with regulations that have ‘‘substantial direct Pacific Corporation’s facility in Big the regulatory requirements. effects on the States, on the relationship Island, Virginia. It does not affect any As noted above, this rule is limited to between the national government and communities of Indian tribal Georgia-Pacific’s plant in Big Island, the States, or on the distribution of governments and there are no such Virginia. The EPA has determined that power and responsibilities among the communities located in the vicinity of this rule does not contain a Federal various levels of government.’’ the Georgia-Pacific facility. Thus, mandate that may result in expenditures This direct final rule does not have Executive Order 13175 does not apply of $100 million or more for State, local, federalism implications. It will not have to this rule. and tribal governments, in the aggregate, substantial direct effects on the States, H. National Technology Transfer and or the private sector in any one year. on the relationship between the national Advancement Act of 1995 (NTTAA) Thus, today’s rule is not subject to the government and the States, or on the requirements of sections 202 and 205 of distribution of power and Section 12(d) of NTTAA, Public Law the UMRA. Nevertheless, in developing responsibilities among the various 104–113, section 12(d) (15 U.S.C. 272 this rule, EPA worked closely with the levels of government, as specified in note) directs EPA to use voluntary Virginia Department of Environmental Executive Order 13132. Today’s rule consensus standards in its regulatory Quality and received meaningful and amends a previously established activities unless to do so would be timely input in the development of this compliance date, under certain inconsistent with applicable law or rule. The EPA also has determined that circumstances, for one entity, Georgia- otherwise impractical. Voluntary this rule contains no regulatory Pacific Corporation’s facility in Big consensus standards are technical requirements that might significantly or Island, Virginia. Thus, this rule does not standards (e.g., materials specifications, uniquely affect small governments. create any mandates nor impose any test methods, sampling procedures, and enforceable duties on the States in business practices) that are developed or E. Executive Order 13045: Protection of general or the Commonwealth of adopted by voluntary consensus Children From Environmental Health Virginia specifically. It also will not standards bodies. The NTTAA directs Risks and Safety Risks affect the national government’s EPA to provide Congress, through OMB, Executive Order 13045, ‘‘Protection of relationship with the States or the explanations when the Agency decides Children from Environmental Health distribution of power among various not to use available and applicable Risks and Safety Risks’’ (62 FR 19885, levels of government. Thus, Executive voluntary standards. April 23, 1997) applies to any rule that: Order 13132 does not apply to this rule. This rulemaking does not involve (1) Is determined to be ‘‘economically Nevertheless, in developing this rule, technical standards. Therefore, EPA is significant,’’ as defined under Executive EPA worked closely with the Virginia not considering the use of any voluntary Order 12866; and (2) concerns an Department of Environmental Quality consensus standards.
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I. Congressional Review Act Startup means, for the chemical provisions of this subpart will not apply The Congressional Review Act, 5. recovery system employing black liquor to the two existing semichemical U.S.C. 801 et seq., as added by the Small gasification at Georgia-Pacific’s facility combustion units at Georgia-Pacific’s Business Regulatory Enforcement in Big Island, Virginia only, the end of facility in Big Island, VA for up to 1500 Fairness Act of 1996, generally provides the gasification system commissioning hours, while Georgia-Pacific conducts that before a rule may take effect, the phase. Commissioning is that period of trials of the new gasification system on agency promulgating the rule must time in which each part of the new black liquor from a Kraft pulp mill. submit a rule report, which includes a gasification system will be checked and * * * * * copy of the rule, to each House of the operated on its own to make sure it is installed and functions properly. 4. Amend § 63.866 by adding Congress and to the Comptroller General paragraph (d) to read as follows: of the United States. Section 804 Commissioning will conclude with the exempts from section 801 the following successful completion of the gasification § 63.866 Recordkeeping requirements. technology supplier’s performance types of rules (1) rules of particular * * * * * applicability; (2) rules relating to agency warranty demonstration, which proves (d) For operation under § 63.863(c)(2), management or personnel; and (3) rules the technology and equipment are Georgia-Pacific Corporation must keep a of agency organization, procedure, or performing to warranted levels and the record of the hours of operation of the practice that do not substantially affect system is ready to be placed in active two existing semichemical combustion the rights or obligations of non-agency service. For all other affected sources units at their Big Island, VA facility. parties. 5 U.S.C. 804(3). EPA is not under this subpart, startup has the meaning given in § 63.2. required to submit a rule report * * * * * regarding today’s action under section * * * * * 5. Amend § 63.867 by revising 801 because this is a rule of particular 3. Amend § 63.863 by revising paragraph (a) to read as follows: applicability. paragraph (a) and adding paragraph (c) to read as follows: § 63.867 Reporting requirements. List of Subjects in 40 CFR Part 63 (a) Notifications. (1) The owner or § 63.863 Compliance dates. Environmental protection, Air operator of any affected source or pollution control, Hazardous (a) The owner or operator of an process unit must submit the applicable substances, Intergovernmental relations, existing affected source or process unit notifications from subpart A of this part, Reporting and recordkeeping must comply with the requirements in as specified in Table 1 of this subpart. requirements. this subpart no later than March 13, 2004, except as provided in paragraph (2) Notifications specific to Georgia- Dated: March 20, 2001. (c) of this section. Pacific Corporation’s affected sources in Christine Todd Whitman, Big Island, Virginia. * * * * * Administrator. (c) The two existing semichemical (i) For a compliance extension under For the reasons set out in the combustion units at Georgia-Pacific § 63.863(c)(1), submit a notice that preamble, title 40, chapter I of the Code Corporation’s Big Island, VA facility provides the date of Georgia-Pacific’s of Federal Regulations is amended as must comply with the requirements of determination that the black liquor follows. this subpart no later than March 13, gasification system is not successful and 2004, except as provided in paragraphs the reasons why the technology was not PART 63—NATIONAL EMISSION (c)(1) and (c)(2) of this section. successful. The notice must be STANDARDS FOR HAZARDOUS AIR (1) If Georgia-Pacific Corporation submitted within 15 days of Georgia- POLLUTANT SOURCE CATEGORIES constructs a new black liquor Pacific’s determination, but not later than March 16, 2004. 1. The authority citation for part 63 gasification system at Big Island, VA, continues to read as follows: determines that its attempt to start up (ii) For operation under § 63.863(c)(2), the new system has been a failure and, submit a notice providing: a statement Authority: 42 U.S.C. 7401, et seq. therefore, must construct another type that Georgia-Pacific Corporation intends Subpart MM—National Emission of chemical recovery unit to replace the to run the Kraft black liquor trials, the Standards for Hazardous Air two existing semichemical combustion anticipated period in which the trials Pollutants; Standards for Hazardous units at Big Island, then the two existing will take place, and a statement Air Pollutants From Chemical semichemical combustion units must explaining why the trials could not be Recovery Combustion Sources at comply with the requirements of this conducted prior to March 13, 2004. The Kraft, Soda, Sulfite, and Stand-Alone subpart by the earliest of the following notice must be submitted at least 30 Semichemical Pulp Mills dates: three years after Georgia-Pacific days prior to the start of the Kraft liquor declares the gasification system a trials. 2. Amend § 63.861 by adding in failure, upon startup of the new * * * * * alphabetical order a definition for replacement unit(s), or March 1, 2007. ‘‘Startup’’ to read as follows: (2) After March 13, 2004 and if 6. Amend Table 1 to Subpart MM by Georgia-Pacific Corporation constructs revising the entries for ‘‘63.6(c)’’ and § 63.861 Definitions. and successfully starts up a new black ‘‘63.6(i)’’ to read as follows: * * * * * liquor gasification system, the * * * * *
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TABLE 1 TO SUBPART MM.—GENERAL PROVISIONS APPLICABILITY TO SUBPART MM
General provisions reference Summary of requirements Applies to subpart MM Explanation
******* 63.6(c) ...... Compliance dates for existing Yes, except for sources granted Subpart MM specifically stipulates sources. extensions under 63.863(c). the compliance schedule for ex- isting sources.
******* 63.6(i) ...... Extension of compliance with Yes, except for sources granted emission standards. extensions under 63.863(c).
*******
* * * * * NMFS closed the directed fishery for DEPARTMENT OF COMMERCE [FR Doc. 01–7399 Filed 3–23–01; 8:45 am] pollock in the West Yakutat District of BILLING CODE 6560–50–P the GOA under § 679.20(d)(1)(iii) on National Oceanic and Atmospheric March 15, 2001 (66 FR 15359, March 19, Administration 2001). 50 CFR Part 679 DEPARTMENT OF COMMERCE NMFS has determined that currently, approximately 500 mt remain in the [Docket No. 010112013-1013-01; I.D. National Oceanic and Atmospheric 032001D] Administration directed fishing allowance. Therefore, NMFS is terminating the previous Fisheries of the Exclusive Economic 50 CFR Part 679 closure and is opening directed fishing Zone Off Alaska; Pollock in Statistical for pollock in the West Yakutat District Area 610 of the Gulf of Alaska [Docket No. 000211039–0039–01; I.D. of the GOA. 032001B] AGENCY: National Marine Fisheries Classification Fisheries of the Exclusive Economic Service (NMFS), National Oceanic and Zone Off Alaska; Pollock in the West This action responds to the best Atmospheric Administration (NOAA), Yakutat District in the Gulf of Alaska available information recently obtained Commerce. from the fishery. The Assistant ACTION: Inseason adjustment; request for AGENCY: National Marine Fisheries comments. Service (NMFS), National Oceanic and Administrator for Fisheries, NOAA, Atmospheric Administration (NOAA), finds that the need to immediately SUMMARY: NMFS issues an inseason Commerce. implement this action to allow full use adjustment opening the B fishing season ACTION: Modification of a closure. of the pollock TAC constitutes good for pollock in Statistical Area 610 of the cause to waive the requirement to Gulf of Alaska (GOA) for 12 hours SUMMARY: NMFS is opening directed provide prior notice and opportunity for effective 1200 hrs, Alaska local time fishing for pollock in the West Yakutat public comment pursuant to the (A.l.t.), March 21, 2001, until 2400 hrs, District in the Gulf of Alaska (GOA). authority set forth at 5 U.S.C. A.l.t., March 21, 2001. This adjustment This action is necessary to fully use the 553(b)(3)(B) and 50 CFR is necessary to prevent the under 2001 total allowable catch (TAC) of 679.20(b)(3)(iii)(A), as such procedures harvest of the B seasonal allowance of pollock. would be unnecessary and contrary to the pollock total allowable catch (TAC) DATES: Effective 1200 hrs, Alaska local the public interest. Similarly, the need in Statistical Area 610 of the GOA. time, March 21, 2001. to implement these measures in a timely DATES: Effective 1200 hrs, A.l.t., March FOR FURTHER INFORMATION CONTACT: fashion to allow full use of the pollock 21, 2001, until 2400 hrs, A.l.t., March Mary Furuness, 907–586–7228. TAC constitutes good cause to find that 21, 2001. Comments must be received at SUPPLEMENTARY INFORMATION: NMFS the effective date of this action cannot the following address no later than 4:30 manages the groundfish fishery in the be delayed for 30 days. In addition, this p.m., A.l.t., April 5, 2001. GOA exclusive economic zone action relieves a restriction on the ADDRESSES: Comments may be mailed to according to the Fishery Management harvest of pollock in the West Yakutat Sue Salveson, Assistant Regional Plan for Groundfish of the Gulf of District of the Gulf of Alaska. Administrator, Sustainable Fisheries Alaska (FMP) prepared by the North Accordingly, under 5 U.S.C. 553(d), a Division, Alaska Region, NMFS, P.O. Pacific Fishery Management Council delay in the effective date is hereby Box 21668, Juneau, AK 99802–1668, under authority of the Magnuson- waived. Attn: Lori Gravel. Hand delivery or Stevens Fishery Conservation and This action is required by § 679.20 courier delivery of comments may be Management Act. Regulations governing and is exempt from review under E.O. sent to the Federal Building, 709 West fishing by U.S. vessels in accordance 12866. 9th Street, Room 453, Juneau, AK with the FMP appear at subpart H of 50 99801. CFR part 600 and 50 CFR part 679. Authority: 16 U.S.C. 1801 et seq. The amount of the 2001 pollock TAC FOR FURTHER INFORMATION CONTACT: Dated: March 21, 2001. in the West Yakutat District of the GOA Andrew N. Smoker, 907–586–7228. was established as 2,235 metric tons by Bruce C. Morehead, SUPPLEMENTARY INFORMATION: NMFS the Final 2001 Harvest Specifications Acting Director, Office of Sustainable manages the groundfish fishery in the and Associated Management Measures Fisheries, National Marine Fisheries Service. GOA exclusive economic zone for the Groundfish Fisheries Off Alaska [FR Doc. 01–7414 Filed 3–21–01; 2:49 pm] according to the Fishery Management (66 FR 7276, January 22, 2001). BILLING CODE 3510–22–S Plan for Groundfish of the Gulf of
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Alaska (FMP) prepared by the North 2001, after a 12-hour opening is the least DEPARTMENT OF COMMERCE Pacific Fishery Management Council restrictive management adjustment to under authority of the Magnuson- achieve the B seasonal allowance of the National Oceanic and Atmospheric Stevens Fishery Conservation and pollock TAC and will allow other Administration Management Act. Regulations governing fisheries to continue in noncritical areas fishing by U.S. vessels in accordance and time periods. Pursuant to 50 CFR Part 679 with the FMP appear at subpart H of 50 § 679.25(b)(2), NMFS has considered CFR part 600 and 50 CFR part 679. data regarding catch per unit of effort [Docket No. 010112013-1013-01; I.D. NMFS issued a prohibition to directed and rate of harvest in making this 031301A] fishing for pollock effective March 16, adjustment. 2001, for Statistical Area 610, in Classification Fisheries of the Exclusive Economic accordance with § 679.20(d)(1)(iii) (66 Zone Off Alaska; Pollock in the West This action responds to the best FR 15359, March 19, 2001). Yakutat District of the Gulf of Alaska; available information recently obtained As of March 19, 2001, 600 metric tons Correction (mt) of pollock remain in the B seasonal from the fishery. The Assistant Administrator for Fisheries, NOAA, allowance of the pollock TAC in AGENCY: finds that the need to immediately National Marine Fisheries Statistical Area 610 of the GOA. Section Service (NMFS), National Oceanic and 679.23(b) specifies that the time of all implement this action to allow full utilization of the pollock TAC Atmospheric Administration (NOAA), openings and closures of fishing seasons Commerce. other than the beginning and end of the constitutes good cause to waive the calendar fishing year is 1200 hrs, A.l.t. requirement to provide prior notice and ACTION: Closure; correction. Current information shows the catching opportunity for public comment capacity of vessels catching pollock for pursuant to the authority set forth at 5 SUMMARY: This document corrects the U.S.C. 553(b)(3)(B) and 50 CFR processing by the inshore component in effective date of the closure for directed 679.20(b)(3)(iii)(A), as such procedures Statistical Area 610 of the GOA is about pollock fishing in the West Yakutat 1,200 mt per day. The Administrator, would be unnecessary and contrary to the public interest. Similarly, the need District of the Gulf of Alaska, which was Alaska Region, NMFS, has determined to implement these measures in a timely published in the Federal Register on that the B seasonal allowance of the fashion to allow full utilization of the March 19, 2001. pollock TAC could be exceeded if a 24- pollock TAC constitutes good cause to hour fishery were allowed to occur. DATES: Effective 1200 hrs, Alaska local find that the effective date of this action NMFS intends that the seasonal time (A.l.t.), March 15, 2001, until 2400 cannot be delayed for 30 days. In allowance not be exceeded and, hrs, A.l.t. December 31, 2001. addition, this action relieves a therefore, will not allow a 24-hour restriction on the harvest of pollock in FOR FURTHER INFORMATION CONTACT: directed fishery. NMFS, in accordance statistical area 610. Accordingly, under Mary Furuness, 907–586–7228. with § 679.25(a)(1)(i)and 5 U.S.C. 553(d), a delay in the effective SUPPLEMENTARY INFORMATION: § 679.25(a)(2)(i), is adjusting the B date is hereby waived. fishing season for pollock in Statistical Without this inseason adjustment, Correction Area 610 of the GOA by opening the NMFS could not allow the B seasonal fishery at 1200 hrs, A.l.t., March 21, allowance of the pollock TAC in In the document closing directed 2001, and closing the fishery at 2400 Statistical Area 610 of the GOA to be fishing for pollock in the West Yakutat hrs, A.l.t., March 21, 2001, at which harvested in an expedient manner and District of the Gulf of Alaska, published time directed fishing for pollock will be in accordance with the regulatory at 66 FR 15359, March 19, 2001, FR Doc. prohibited. This action has the effect of schedule. Under § 679.25(c)(2), 01–6728, the following correction is opening the fishery for 12 hours. NMFS interested persons are invited to submit made: is taking this action to allow a written comments on this action to the On page 15360, column 1, under the controlled fishery to occur, thereby above address until April 5, 2001. DATES heading, line 2, ‘‘March 1, 2001’’ preventing the overharvest of the B This action is required by §§ 679.20 seasonal allowance of the pollock TAC and 679.25 and is exempt from review is corrected to read ‘‘March 15, 2001’’. designated in accordance with the Final under Executive Order 12866. Dated: March 20, 2001. 2001 Harvest Specifications and Authority: 16 U.S.C. 1801 et seq. Bruce C. Morehead, Associated Management Measures for Acting Director, Office of Sustainable the Groundfish Fisheries Off Alaska (66 Dated: March 21, 2001. Fisheries, National Marine Fisheries Service. FR 7276, January 22, 2001) and Bruce C. Morehead, § 679.20(a)(5)(ii)(C). In accordance with Acting Director, Office of Sustainable [FR Doc. 01–7431 Filed 3–23–01; 8:45 am] § 679.25(a)(2)(iii), NMFS has Fisheries, National Marine Fisheries Service. BILLING CODE 3510–22–S determined that prohibiting directed [FR Doc. 01–7413 Filed 3–21–01; 2:49 pm] fishing at 2400 hrs, A.l.t., March 21, BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 66, No. 58
Monday, March 26, 2001
This section of the FEDERAL REGISTER under section 401(k) of the Internal the TSP must wait until an open season contains notices to the public of the proposed Revenue Code. Sums in a TSP to make a contribution election. Under issuance of rules and regulations. The participant’s account are held in trust the proposed rule, an employee is purpose of these notices is to give interested for that participant. immediately eligible to make a persons an opportunity to participate in the On December 2, 1987, the Board contribution election for employee rule making prior to the adoption of the final published in the Federal Register (52 rules. contributions. If the employee was FR 45802) interim rules concerning the previously eligible to receive employer procedures governing the establishment contributions, the employee will also be FEDERAL RETIREMENT THRIFT of open seasons and election periods for immediately eligible to receive INVESTMENT BOARD Federal employees to make or change employer contributions. The proposed employee contributions to the TSP. On regulation makes other changes to 5 CFR Part 1600 June 22, 1988, the Board amended differentiate between contribution sections 1600.3, 1600.10, and 1600.13 elections, provided for in this part, and Employee Elections to Contribute to (53 FR 23379). On November 4, 1994, contribution allocations, provided for in the Thrift Savings Plan the Board published in the Federal part 1601. Register (59 FR 55331) a final rule In subpart C, the Board proposes to AGENCY: Federal Retirement Thrift concerning contribution elections. The reorganize the provisions of existing Investment Board. Board amended section 1600.1 of the subpart C that describe the ACTION: Proposed rule. final rule on November 18, 1996 (61 FR contributions program in general. The 58754) to revise the definition of basic SUMMARY: The Executive Director of the proposed regulation phases out the pay. limits on employee contributions as a Federal Retirement Thrift Investment On October 27, 2000, Congress passed Board (Board) proposes to amend the percentage of basic pay and explains the Public Law 106–361. In it, Congress Internal Revenue Code’s limitations on regulations on employee elections to eliminates the waiting period for new contribute to the Thrift Savings Plan TSP contributions, which still apply. and rehired employees to begin making The Board proposes to delete the (TSP) to provide for employee employee contributions. The Act also portions of existing subpart D that were participation in the Thrift Savings Plan permits participants to transfer moneys not included in proposed subpart B, all to begin immediately upon the from certain qualified retirement of existing subpart E, and § 1600.17 of employee’s appointment to a position accounts and conduit IRAs into their existing subpart F because they are covered by FERS or CSRS, or an TSP accounts. Also, on December 21, obsolete. Section 1600.18 of existing equivalent retirement plan. Beginning 2000, Congress passed the Consolidated subpart F is incorporated into proposed July 1, 2001, participants also will be Appropriations Act for Fiscal Year 2001, subpart B. The proposed regulation able to transfer into their TSP accounts Public Law 106–554, which includes a creates a new subpart D which describes funds from certain qualified retirement provision changing the limits on FERS the kinds of qualified retirement plans or conduit individual retirement and CSRS TSP employee contributions accounts and conduit IRAs that may be accounts (IRAs). In addition, the (i.e., 10 and 5 percent of basic pay, transferred to the TSP, the method by limitations on employee contributions respectively) by raising the percentage which a transfer may be made, and the (as a percentage of basic pay) are phased limitation one percent each year until treatment accorded such funds in the out over the next 5 years. 2006, when the limits are removed TSP. DATES: Comments must be received on altogether. However, the Internal or before April 25, 2001. Revenue Code annual limits on elective CROSS-REFERENCE TABLES ADDRESSES: Comments may be sent to: deferrals, I.R.C. sections 402(g) and Elizabeth S. Woodruff, General Counsel, 415(c), will continue to be applicable to Old section New section Federal Retirement Thrift Investment TSP contributions. This proposal revises Board, 1250 H Street, N.W., the regulation to incorporate these 1600.1 ...... 1600.1 Washington, D.C. 20005. statutory changes. 1600.2(a) ...... Deleted. 1600.2(b) ...... 1600.12(b) FOR FURTHER INFORMATION CONTACT: Analysis 1600.2(c) ...... 1600.15 Salomon Gomez on (202) 942–1661; Subpart A includes definitions that 1600.2(d) ...... 1600.16 Merritt A. Willing on (202) 942–1666; or 1600.3 ...... Deleted. are relevant to contributions; the 1600.4(a) ...... 1600.11(a) Patrick J. Forrest on (202) 942–1659. definition of highly compensated FAX (202) 942–1676. 1600.4(b) ...... Deleted. employee in the existing regulation is 1600.5 ...... 1600.12(c) SUPPLEMENTARY INFORMATION: The Board deleted because it is obsolete. 1600.6 ...... 1600.14 administers the TSP, which was In subpart B, the Board proposes to 1600.7 ...... 1600.13 established by the Federal Employees’ combine the portions of existing 1600.8 ...... Deleted. Retirement System Act of 1986 subparts B, C, and D that relate to 1600.9 ...... 1600.21 (FERSA), Public Law 99–335, 100 Stat. contribution elections. The rule deletes 1600.10 ...... 1600.22 514, which has been codified, as obsolete references to the initial open 1600.11 ...... 1600.23 1600.12 ...... 1600.18 amended, largely at 5 U.S.C. 8351 and season in 1987, and makes changes 1600.13 ...... Deleted. 8401–8479. The TSP is a tax-deferred necessary to permit immediate 1600.14 ...... Deleted. retirement savings plan for Federal employee contributions. It eliminates 1600.15 ...... Deleted. employees, which is similar to cash or the requirement that an employee who 1600.16 ...... Deleted. deferred arrangements established was previously eligible to participate in 1600.17 ...... Deleted.
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CROSS-REFERENCE TABLES— Subpart B—Elections CSRS employee or CSRS participant Continued 1600.11 Types of elections. means any employee or participant 1600.12 Period for making contribution covered by CSRS. Old section New section elections. Date of appointment means the 1600.13 Effective dates of contribution effective date of an employee’s 1600.18 ...... Deleted. elections. accession by the current employing 1600.1 ...... 1600.1 1600.14 Method of election. agency. 1600.11 ...... 1600.4 1600.15 Number of elections. Election period means the last 1600.12 ...... 1600.2(b), 1600.16 Belated elections. calendar month of a TSP open season. 1600.5 1600.17 Timing of agency contributions. 1600.13 ...... 1600.7 1600.18 Effect of transfer to FERS. It is the earliest period during which a TSP contribution election can become 1600.14 ...... 1600.6 Subpart C—Program of Contributions 1600.15 ...... 1600.2(c) effective. 1600.16 ...... 1600.2(d) 1600.21 Contributions in whole numbers. Employee contributions means any 1600.17 ...... New. 1600.22 Maximum contributions. contributions to the Thrift Savings Plan 1600.18 ...... 1600.12 1600.23 Required reduction of contribution made under 5 U.S.C. 8351(a), 8432(a), or 1600.21 ...... 1600.9 rates. 8440a through 8440e. 1600.22 ...... 1600.10 Subpart D—Transfers From Other Qualified Employer contributions means agency 1600.23 ...... 1600.11 Retirement Plans automatic (1%) contributions under 5 1600.31 ...... New. 1600.31 Accounts eligible for transfer. U.S.C. 8432(c)(1) or 8432(c)(3) and 1600.32 ...... New. agency matching contributions under 5 1600.33 ...... New. 1600.32 Methods for transferring account from qualified retirement plan or conduit U.S.C. 8432(c)(2). IRA to TSP. Employing agency means the Regulatory Flexibility Act 1600.33 TSP treatment accorded transferred organization that employs an individual I certify that these regulations will not funds. eligible to contribute to the TSP and that have a significant economic impact on Authority: 5 U.S.C. 8351, 8432(b)(1)(A), has authority to make personnel a substantial number of small entities. 8474(b)(5) and (c)(1). compensation decisions for the They will affect only employees of the individual. Federal Government. Subpart A—General Executive Director means the Executive Director of the Federal § 1600.1 Definitions. Paperwork Reduction Act Retirement Thrift Investment Board Terms used in this part have the I certify that these regulations do not under 5 U.S.C. 8474. following meanings: require additional reporting under the FERS means the Federal Employees’ Account or individual account means criteria of the Paperwork Reduction Act Retirement System established by 5 the account established for a participant of 1980. U.S.C. chapter 84 or any equivalent in the Thrift Savings Plan under 5 Federal retirement system. Unfunded Mandates Reform Act of U.S.C. 8439(a). FERS employee or FERS participant 1995 Agency automatic (1%) contributions means any employee or TSP participant means any contributions made under 5 Pursuant to the Unfunded Mandates covered by FERS. U.S.C. 8432(c)(1) and (c)(3). Reform Act of 1995, 2 U.S.C. 602, 632, Open season means the period during Agency matching contributions means 653, and 1501–1571, the effects of this which employees may elect to make any contributions made under 5 U.S.C. regulation on state, local, and tribal contributions to the TSP, change the 8432(c)(2). governments and the private sector have amount of contributions, or terminate Basic pay means basic pay as defined been assessed. This regulation will not contributions (without losing the right in 5 U.S.C. 8331(3). For CSRS and FERS compel the expenditure in any one year to resume contributions during the next employees, it is the rate of pay used in of $100 million or more by state, local, open season). computing any amount the individual is and tribal governments, in the aggregate, Separation from Government service otherwise required to contribute to the or by the private sector. Therefore, a means the cessation of employment Civil Service Retirement and Disability statement under section 1532 is not with the Federal Government, the U.S. Fund as a condition of participating in required. Postal Service, or with any other the Civil Service Retirement System or employer, from a position that is List of Subjects in 5 CFR Part 1600 the Federal Employees’ Retirement deemed to be Government employment System, as the case may be. Employment benefit plans, for purposes of participating in the TSP, Board means the Federal Retirement Government employees, Pensions, for 31 or more full calendar days. Thrift Investment Board established Thrift Savings Plan, TSP, or Plan Retirement. under 5 U.S.C. 8472. means the Thrift Savings Plan Roger W. Mehle, Contribution allocation means the established under subchapters III and Executive Director, Federal Retirement Thrift apportionment of a participant’s future VII of the Federal Employees’ Investment Board. contributions and loan payments among Retirement System Act of 1986, 5 U.S.C. For the reasons set out in the the TSP investment funds. 8351 and 8401–8479. Contribution election means a request preamble, the Board proposes to revise Thrift Savings Plan Service Office (TSPSO) by an employee to start contributing to 5 CFR part 1600 to read as follows: means the office of the TSP record the TSP, to change the amount of keeper which provides service to PART 1600—EMPLOYEE ELECTIONS contributions made to the TSP each pay participants. The TSPSO’s address is: TO CONTRIBUTE TO THE THRIFT period, or to terminate contributions to Thrift Savings Plan Service Office, SAVINGS PLAN the TSP. National Finance Center, P.O. Box CSRS means the Civil Service 61500, New Orleans, Louisiana 70161– Subpart A—General Retirement System established by 5 1500. Sec. U.S.C. chapter 83, subchapter III, or any TSP record keeper means the entity 1600.1 Definitions. equivalent Federal retirement system. that is engaged by the Board to perform
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record keeping services for the Thrift received by the employing agency full pay period after the date the Savings Plan. As of the date of during an open season, the employee, if employing agency receives the election. publication of this part, the TSP record otherwise eligible, may make an (c) Election to terminate keeper is the National Finance Center, election to resume contributions during contributions. An election to terminate Office of Finance and Management, the next open season. If the election to contributions, whenever it is made, will United States Department of terminate contributions is received by become effective no later than the first Agriculture, located in New Orleans, the employing agency outside an open full pay period after the date the Louisiana. season, the employee may not make an employing agency receives the election. election to resume contributions until (d) Elections resulting from transfer to Subpart B—Elections the second open season beginning after FERS. Elections made pursuant to § 1600.18 will become effective no later § 1600.11 Types of elections. the election to terminate. (d) Forced termination of employee than the first full pay period after the (a) Contribution elections. A contributions due to in-service hardship date the employing agency receives the contribution election can be made on a withdrawal restrictions under 5 CFR election. If the employee submits a Form TSP–1, Thrift Savings Plan part 1650. If an employee is reappointed contribution election at the same time Election Form, and includes any one of to a position covered by FERS or CSRS that he or she submits the FERS transfer the following elections: following a separation from Government election, both elections will become (1) To make employee contributions; effective the same pay period. (2) To change the amount of employee service and, at the time of separation, he contributions; or or she had been previously ineligible to § 1600.14 Method of election. (3) To terminate employee make employee contributions or receive (a) A participant must submit a contributions. agency matching contributions because contribution election to his or her (b) Contribution allocation. A of the restrictions on participants’ employing agency. Employees may use participant may make or change the ability to make contributions after either the paper TSP election form, manner in which future deposits to his having received an in-service hardship Form TSP–1, or, if provided by their or her account are allocated among the distribution, described in 5 CFR part employing agency, electronic media to TSP’s investment funds only in 1650, the employee continues to be make an election. If an electronic accordance with 5 CFR part 1601. ineligible to make employee medium is used, all relevant elements contributions or have agency matching contained on the paper Form TSP–1 § 1600.12 Period for making contribution contributions made on the employee’s must be included in the electronic elections. behalf during the six-month period medium. (a) Participation upon initial described at § 1650.32. (b) A contribution election must: appointment or reappointment. An (1) Be completed in accordance with § 1600.13 Effective dates of contribution employee may make a contribution elections. the instructions on Form TSP–1, if a election as follows: paper form is used; (1) Appointments made during the (a) Participation upon initial (2) Be made in accordance with the period January 1 through June 30, 2001. appointment or reappointment. (1) TSP employing agency’s instructions, if the An employee appointed, or reappointed contribution elections made pursuant to submission is made electronically; and following a separation from Government § 1600.12(a)(1) will be effective no (3) Not exceed the maximum service, to a position covered by FERS earlier than the first full pay period in contribution limitations described in or CSRS during the period January 1 July 2001. TSP contribution elections § 1600.22. that are received by the employing through June 30, 2001, may make a TSP § 1600.15 Number of elections. contribution election during the May 15 agency between May 15, 2001, and June through July 31, 2001, open season. 30, 2001, will become effective the first Once a contribution election made (2) Appointments made on or after full pay period of the election period. during an open season becomes July 1, 2001. An employee appointed, or TSP contribution elections that are effective, no further contribution reappointed following a separation from received by the employing agency elections may be made during the same Government service, to a position during July 2001 will become effective open season, except an election to covered by FERS or CSRS may make a no later than the first full pay period terminate contributions. TSP contribution election within 60 after the date the employing agency § 1600.16 Belated elections. receives the election. days after the effective date of the When an employing agency appointment. (2) TSP contribution elections made determines that an employee was (b) Open season elections. Any pursuant to § 1600.12(a)(2) will become unable, for reasons that were beyond the employee may make a contribution effective no later than the first full pay employee’s control (other than agency election during an open season. Each period after the election is received by administrative error, as provided in 5 year an open season will begin on May the employing agency. CFR part 1605), to make a contribution 15 and will end on July 31; a second (b) Open season elections. TSP election within the time limits open season will begin on November 15 contribution elections made pursuant to prescribed by this part, the agency may and will end on January 31 of the § 1600.12(b) that are received by an accept the employee’s election within following year. If the last day of an open employing agency during a portion of an 30 calendar days after it advises the season falls on a Saturday, Sunday, or open season which precedes the employee of its determination. The legal holiday, the open season will be election period, except for an election to election will become effective no later extended through the end of the next terminate contributions, will become than the first full pay period after the business day. effective the first full pay period of the date the employing agency receives the (c) Election to terminate election period. TSP contribution election. contributions. An employee may elect to elections made pursuant to § 1600.12(b) terminate employee contributions to the that are received by an employing § 1600.17 Timing of agency contributions. TSP at any time. If an employee’s agency during the election period will (a) Employees not previously eligible election to terminate contributions is become effective no later than the first to receive agency contributions. An
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employee appointed or reappointed to a contribution for 2001 is 11 percent of Subpart D—Transfers From Other position covered by FERS who had not basic pay per pay period. The maximum Qualified Retirement Plans been previously eligible to receive contribution will increase one percent a agency contributions is eligible to year until 2005, after which the § 1600.31 Accounts eligible for transfer. receive agency contributions the full percentage of basic pay limit will not Effective July 1, 2001, participants second election period following the apply and the maximum contribution may transfer funds in the following effective date of the appointment. If an will be limited only as provided in types of accounts into their existing TSP employee is appointed during an paragraphs (b) and (c) of this section. accounts. This option is not available to election period, that election period is (2) Subject to paragraphs (b) and (c) of participants who have already made a not counted as the first election period. this section, the maximum CSRS full withdrawal of their account or who (b) Employees previously eligible to employee contribution for 2001 is 6 are receiving monthly payments. receive agency contributions. An percent of basic pay per pay period. The (a) Qualified retirement plan. For the employee reappointed to a position maximum contribution will increase purposes of this part, a qualified covered by FERS who was previously one percent a year until 2005, after retirement plan is a qualified trust, eligible to receive agency contributions which the percentage of basic pay limit described in section 401(a) of the I.R.C. is immediately eligible to receive agency will not apply and the maximum (26 U.S.C. 401(a)), which is exempt from contributions. contribution will be limited only as taxation under I.R.C. section 501(a) (26 (c) Agency matching contributions provided in paragraphs (b) and (c) of U.S.C. 501(a)), or an annuity plan, that are attributable to the employee this section. described in section 403(a) of the I.R.C. contributions made to the account of a (b) Internal Revenue Code (I.R.C.) (26 U.S.C. 403(a)). FERS participant must change or limit on elective deferrals. Section (b) Conduit individual retirement terminate, as applicable, when the 402(g) of the I.R.C. (26 U.S.C. 402(g)) account (conduit IRA). For the purposes employee’s contribution election places a limit on the amount an of this part, a conduit IRA is an becomes effective. employee may save on a tax-deferred individual retirement account, basis through the TSP. Employee described in I.R.C. section 408(a) (26 § 1600.18 Effect of transfer to FERS. contributions to the TSP will be U.S.C. 408(a)), or an individual (a) If an employee appointed to a restricted to the I.R.C. limit; the TSP retirement annuity, described in I.R.C. position covered by CSRS elects to will not accept any contribution that section 408(b) (26 U.S.C. 408(b)), that transfer to FERS, the employee may exceeds the I.R.C. section 402(g) limit. If contains only funds transferred or rolled make a contribution election a participant contributes to the TSP and over from a qualified retirement plan simultaneously with the election to another plan, and the combined (and earnings on those amounts). transfer to FERS, or within 30 calendar contributions exceed the I.R.C. section (c) Eligible rollover distribution. In days after the effective date of his or her 402(g) limit, he or she may request a order to be eligible for transfer to the transfer. refund of employee contributions from TSP, distributions from accounts that (b) Eligibility to make employee the TSP to conform with the limit. qualify under either paragraph (a) or (b) contributions, and therefore to have (c) I.R.C. limit on contributions to of this section must also be eligible agency matching contributions made on qualified plans. Section 415(c) of the rollover distributions pursuant to I.R.C. the employee’s behalf, is subject to the I.R.C. (26 U.S.C. 415(c)) also places a section 402(c)(4) (26 U.S.C. 402(c)). restrictions on making employee limit on the amount an employee may save on a tax-deferred basis through the § 1600.32 Methods for transferring contributions after receipt of a financial account from qualified retirement plan or hardship in-service withdrawal TSP. Employee contributions, described conduit IRA to TSP. described at 5 CFR part 1650. in this section, and employer (a) Trustee to trustee transfer. (c) If the employee had elected to contributions, described in § 1600.17, Participants may request that the make TSP contributions while covered made to the TSP will be restricted to the administrator of their qualified by CSRS, the election continues to be I.R.C. section 415(c) limit. No employee retirement plan or the custodian of their valid until the employee makes a new contribution may be made to the TSP for conduit IRA transfer any or all of their valid election. any year to the extent that the sum of account directly to the TSP by (d) Agency automatic (1%) the employee contributions and the completing and submitting a Form TSP– contributions for all employees covered employer contributions for that year 60, Request for a Rollover into the TSP, under this section and, if applicable, would exceed the I.R.C. section 415(c) to the administrator or custodian and agency matching contributions limit. requesting that the transaction be attributable to employee contributions § 1600.23 Required reduction of completed. must begin the same pay period that the contribution rates. (b) Rollover by participant. transfer to FERS becomes effective. (a) The employing agency will reduce Participants who have already received Subpart C—Program of Contributions the contribution of any FERS or CSRS a distribution from their plan or conduit employee who has elected a whole IRA may roll over all or part of the § 1600.21 Contributions in whole numbers. dollar amount but whose elected distribution into the TSP in accordance Employees may elect to contribute a contribution for any pay period exceeds with the following requirements: percentage of basic pay or a dollar any of the applicable maximum (1) The participant must complete a amount, subject to the limits described percentages set forth in § 1600.22. The Form TSP–60, Request for a Rollover in § 1600.22. The election must be employing agency will reduce the whole into the TSP. expressed in whole percentages or dollar amount to the highest whole (2) The administrator of the qualified whole dollar amounts. dollar amount that does not exceed the retirement plan or the custodian of the applicable maximum percentage. conduit IRA must certify on the TSP § 1600.22 Maximum contributions. (b) An employing agency will not transfer form the amount and date of the (a) Percentage of basic pay. (1) Subject contribute to a participant’s TSP distribution, and that the distribution is to paragraphs (b) and (c) of this section, account any amounts in excess of the an eligible rollover distribution in the maximum FERS employee limits referred to in § 1600.22(b) or (c). accordance with I.R.C. section 402(c)(4).
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(3) The participant must submit the ADDRESSES: Comments may be sent to: 1601.6 because those sections are completed Form TSP–60, together with Elizabeth S. Woodruff, General Counsel, obsolete. Sections 1601.3 and 1601.7 a certified check, cashier’s check, Federal Retirement Thrift Investment have been redesignated as § 1602.36; cashier’s draft, money order, or Board, 1250 H Street, N.W., effective May 1, 2001, error correction treasurer’s check from a credit union, Washington, D.C. 20005. will be processed in accordance with made out to the Thrift Savings Plan for FOR FURTHER INFORMATION CONTACT: part 1605. the entire amount of the rollover. A Salomon Gomez on (202) 942–1661; Proposed subpart A contains participant may roll over the full Merritt A. Willing on (202) 942–1666; or definitions relevant to participants’ amount of the distribution by making Patrick J. Forrest on (202) 942–1659. choices of investment funds, as it does up, from his or her own funds, the FAX (202) 942–1676. currently. The definitions of allocation amount that was withheld from the SUPPLEMENTARY INFORMATION: The Board election, election form, and election distribution for the payment of federal administers the TSP which was taxes. period in the existing regulation are established by the Federal Employees’ deleted as unnecessary. Other (4) The transaction must be completed Retirement System Act of 1986 within 60 days of the participant’s definitions, such as Board and CSRS, (FERSA), Public Law 99–335, 100 Stat. are deleted because they are not receipt of the distribution from the 514. The TSP provisions of FERSA have specifically applicable to participants’ retirement plan or conduit IRA. The been codified, as amended, largely at 5 choices of investment funds. transaction is not complete until the U.S.C. 8351 and 8401–8479. The TSP is TSP record keeper receives the Form a tax-deferred retirement savings plan In subpart B of the proposed TSP–60, executed by both the for Federal employees, similar to cash or regulation, the Board explains a new participant and plan administrator or deferred arrangements established process for making a contribution IRA custodian, together with the under section 401(k) of the Internal allocation. Contribution allocations guaranteed funds for the amount to be Revenue Code. Sums in a TSP apply to future TSP contributions and rolled over. participant’s account are held in trust loan payments. Currently, participants § 1600.33 Treatment accorded transferred for that participant. make a contribution election and a funds. On July 17, 1995, and September 14, contribution allocation at the same time, (a) All funds transferred to the TSP 1995, the Board published in the on Form TSP–1; this form is submitted pursuant to §§ 1600.31 and 1600.32 will Federal Register (60 FR 47836 and 60 to the participant’s employing agency. be treated as employee contributions. FR 36630) final rules concerning Participants will continue to use Form (b) All funds transferred to the TSP participants’ choices of investment TSP–1 to make contribution elections pursuant to §§ 1600.31 and 1600.32 will funds. This proposed rule amends those and will submit that form to their be invested in accordance with the rules. employing agency. However, on May 1, participant’s contribution allocation on The Thrift Savings Plan Act of 1996, 2001, when the new funds are file at the time the transfer is completed. Public Law 104–208, 110 Stat. 3009, implemented, contribution allocations (c) Funds transferred to the TSP authorized the creation of two new will be submitted to the TSP record pursuant to §§ 1600.31 and 1600.32 are investment funds for the TSP. The new keeper following the procedures funds are the Small Capitalization Stock not subject to the limits on described in proposed Subpart B. contributions described in § 1600.22. Index Fund (S Fund) and the International Stock Index Investment Subpart B includes a transition rule [FR Doc. 01–7232 Filed 3–23–01; 8:45 am] Fund (I Fund). The S Fund will that explains how new contributions BILLING CODE 6760–01–P comprise a portfolio designed to track will initially be invested upon the performance of an index of common implementation of the new funds. This stocks the aggregate market value of transition rule will apply to FEDERAL RETIREMENT THRIFT which represents the United States contributions and loan payments posted INVESTMENT BOARD equity markets, excluding the common after April 30, 2001. In particular, stocks held in the Common Stock Index § 1601.12 provides that beginning on 5 CFR Part 1601 Investment Fund (C Fund). The I Fund May 1, 2001, contributions and loan Participants’ Choices of Investment will comprise a portfolio designed to payments for each TSP account will be Funds track the performance of common stocks invested based on the allocation of the the aggregate market value of which is most recent contribution posted to a AGENCY: Federal Retirement Thrift a reasonably complete representation of participant’s account between March 15 Investment Board. the international equity markets, and April 30, 2001. If there was none, ACTION: Proposed rule. excluding the Unites States equity contributions and loan payments will be market. In addition to these new funds, invested based upon any interfund SUMMARY: The Executive Director of the participants will continue to have the transfer request pending for April 30, Federal Retirement Thrift Investment option to invest in the Government 2001. If there is no interfund transfer Board (Board) proposes to revise the Securities Investment Fund (G Fund), request pending for April 30, 2001, regulations on participants’ choices of the Fixed Income Investment Fund (F investment funds. This proposed rule contributions and loan payments will be Fund), and the Common Stock Index allocated based upon the participant’s implements a provision of the Thrift Investment Fund (C Fund). Effective Savings Plan Act of 1996 which added March 31, 2001 month-end account May 1, 2001, the Board will modify its balance. If a participant’s March month- two new investment funds to the Thrift current record keeping system to Savings Plan (TSP). It also implements end account balance is zero, his or her incorporate these new funds and will contributions and loan payments will be a decision by the Board to transfer the also change the way contribution invested in the G Fund. This derived processing of contribution allocations allocations are processed. from the employing agencies to the TSP allocation will continue until a valid record keeper. Analysis contribution allocation is received and DATES: Comments must be received on The proposed rule eliminates processed. or before April 25, 2001. §§ 1601.2(a), (c) and (d), 1601.4(b), and
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For accounts first established on or CROSS-REFERENCE TABLES PART 1601—PARTICIPANTS’ after May 1, 2001, contributions and CHOICES OF INVESTMENT FUNDS other deposits received will be invested Old section New section in the G Fund until the participant Subpart A—General makes a different contribution 1601.1 ...... 1601.1 Sec. 1601.2(a), (c), (d) ...... Deleted. 1601.1 Definitions. allocation. The participant may 1601.2(b) ...... 1601.13 subsequently make a contribution 1601.3 ...... 1601.36 Subpart B—Investing Future Contributions allocation to change the investment of 1601.4(a) ...... 1601.21 and Loan Payments future contributions or an interfund 1601.4(b) ...... Deleted. 1601.11 Applicability. transfer to change the investment of his 1601.5 ...... 1601.22 1601.12 Investing future contributions and or her existing account balance at any 1601.6 ...... 1601.32 loan payments in the TSP investment time after he or she is notified by the 1601.7 ...... 1601.36 funds. 1601.13 Elections. TSP record keeper that the account has been established. Effective May 1, 2001, New section Old section Subpart C—Redistributing Participants’ all TSP participants may elect to invest Existing Account Balances all or part of their new contributions 1601.1 ...... 1601.1 1601.21 Applicability. and loan payments in any of the five 1601.11 ...... New. 1601.22 Methods of requesting an interfund 1601.12 ...... New. transfer. investment funds. 1601.13 ...... 1601.2(b) Subpart D—Contribution Allocations and Proposed § 1601.13 explains that, 1601.21 ...... New. Interfund Transfer Requests effective May 1, 2001, a participant may 1601.22 ...... 1601.5 make a contribution allocation by using 1601.31 ...... New. 1601.31 Applicability. 1601.32 Timing and posting dates. the TSP Web site, the ThriftLine, or by 1601.32 ...... 1601.6 1601.33 ...... New 1601.33 Acknowledgment of risk. completing a Form TSP–50, Investment 1601.34 ...... New. 1601.34 Effectiveness of Form TSP–50. Allocation. Section 1601.13 explains the 1601.35 ...... New. 1601.35 Posting of transaction requests. requirements for a valid contribution 1601.36 ...... 1601.3, 1601.7. 1601.36 Error correction. allocation, largely incorporating existing Authority: 5 U.S.C. 8351, 8438, 7474(b)(5) § 1601.2(b). It also explains that Regulatory Flexibility Act and (c)(1). participants will be able to make contribution allocations in increments I certify that these regulations will not Subpart A—General have a significant economic impact on of one percent instead of the current five § 1601.1 Definitions. percent. a substantial number of small entities. They will affect only employees of the As used in this part: Subpart C describes the rules that a Federal Government. Account balance means the sum of participant must follow in order to make the dollar balances for each source of an interfund transfer of his or her Paperwork Reduction Act contributions in each investment fund existing TSP account balance. Section I certify that these regulations do not for an individual account. 1601.22 of the proposed regulation require additional reporting under the Acknowledgment of risk means an essentially incorporates § 1601.5 of the criteria of the Paperwork Reduction Act acknowledgment that any investment in existing regulations and also provides of 1980. the F Fund, C Fund, S Fund, or I Fund that, effective May 1, 2001, a participant is made at the participant’s risk, that the may use the TSP Web site, the Unfunded Mandates Reform Act of participant is not protected by the ThriftLine, or a Form TSP–50 to request 1995 United States Government or the Board an interfund transfer. against any loss on the investment, and Pursuant to the Unfunded Mandates Subpart D has been added to part that neither the United States Reform Act of 1995, 2 U.S.C. 602, 632, Government nor the Board guarantees 1601 to consolidate rules that apply to 653, and 1501–1571, the effects of this any return on the investment. participants’ choices of investment regulation on state, local, and tribal C Fund means the Common Stock funds for new contributions governments and the private sector have Index Investment Fund established (contribution allocations) and to been assessed. This regulation will not under 5 U.S.C. 8438(b)(1)(C). redistributing existing account balances compel the expenditure in any one year Contribution allocation means the (interfund transfers). For example, of $100 million or more by state, local, apportionment of a participant’s future § 1602.32 describes the timing and and tribal governments, in the aggregate, contributions and loan payments among posting dates for contribution or by the private sector. Therefore, a the TSP investment funds. allocations and interfund transfer statement under section 1532 is not Day means calendar day, unless requests. Section 1602.33 provides that required. otherwise stated. a participant who elects to make an List of Subjects in 5 CFR Part 1601 Employing agency means the interfund transfer to the F Fund, C organization that employs an individual Fund, S Fund, or I Fund must execute Employment benefit plans, eligible to contribute to the TSP and that an acknowledgment of risk (that the Government employees, Pensions, has authority to make personnel investment is made at the participant’s Retirement. compensation decisions for the risk and the participant understands Roger W. Mehle, individual. that the TSP does not guarantee Executive Director, Federal Retirement Thrift F Fund means the Fixed Income investment returns or guarantee against Investment Board. Investment Fund established under 5 a loss in the value of the investment). U.S.C. 8438(b)(1)(B). Section 1602.34 prescribes the rules for For the reasons set out in the G Fund means the Government giving effect to a Form TSP–50. preamble, the Board proposes to revise Securities Investment Fund established 5 CFR part 1601 to read as follows: under 5 U.S.C. 8438(b)(1)(A).
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I Fund means the International Stock 2001. If there is no interfund transfer statement of the reason the form was Index Investment Fund established pending for April 30, 2001, the rejected. under 5 U.S.C. 8438(b)(1)(E). allocation will be based on the (c) Contribution elections. A Interfund transfer means the allocation of the account as of the March participant may designate the amount of reapportionment, under this part, of a 31, 2001, account balance. If the March employee contributions he or she participant’s existing account balance 31, 2001, account balance is zero, the wishes to make to the TSP or may stop among the various TSP investment contributions and loan payments will be contributions only in accordance with 5 funds. allocated 100% to the G Fund. The CFR part 1600. Investment fund means any allocation derived under this section investment fund authorized under 5 will be applied to all contributions and Subpart C—Redistributing U.S.C. 8438. loan payments posted as of a date after Participants’ Existing Account S Fund means the Small April 30, 2001, until a new contribution Balances Capitalization Stock Index Fund allocation is made by the participant established under 5 U.S.C. pursuant to § 1600.12. § 1601.21 Applicability. 8438(b)(1)(D). (b) Investment fund availability. This subpart applies only to Source of contributions means Effective May 1, 2001, all participants redistributing participants’ existing employee contributions, agency may elect to invest all or any portion of account balances among the TSP’s automatic (1%) contributions, or agency their future contributions and loan investment funds; it does not apply to matching contributions. payments in any of the TSP’s five the investment of future contributions ThriftLine means the automated voice investment funds. and loan payments, which is covered in response system by which TSP subpart B of this part. participants may, among other things, § 1601.13 Elections. access their accounts by telephone. The (a) Contribution allocation. Effective § 1601.22 Methods of requesting an ThriftLine can be reached at (504) 255– May 1, 2001, each participant may interfund transfer. 8777. indicate his or her choice of investment (a) Effective May 1, 2001, participants TSP record keeper means the entity funds for the allocation of future may make an interfund transfer using that is engaged by the Board to perform contributions and loan payments by the TSP Web site or the ThriftLine, or record keeping services for the Thrift using the TSP Web site or the by completing a Form TSP–50, Savings Plan. As of the date of ThriftLine, or completing Form TSP–50, Investment Allocation. The following publication of this part, the TSP record Investment Allocation. The following rules apply to an interfund transfer keeper is the National Finance Center, rules apply to contribution allocations: request: United States Department of (1) Contribution allocations must be (1) Interfund transfer requests must be Agriculture, located in New Orleans, made in one percent increments. The made in one percent increments. The Louisiana. sum of the percentages elected for all of sum of the percentages elected for all of TSP Web site means the Internet the investment funds must equal 100%; the investment funds must equal 100%; location maintained by the Board, (2) The percentage elected by a which contains information about the participant for investment of future (2) The percentages elected by the TSP and by which TSP participants contributions in an investment fund participant will be applied to the may, among other things, access their will be applied to all sources of balances from each source of accounts by computer. The TSP Web contributions and loan payments. A contributions that make up the site address is http://www.tsp.gov. participant may not make different participant’s total account balance on percentage elections for different the effective date of the interfund Subpart B—Investing Future sources of contributions or for loan transfer; Contributions and Loan Payments payments; (3) Any participant who elects to § 1601.11 Applicability. (3) A participant who elects for the invest in the F Fund, C Fund, S Fund, first time to invest contributions and or I Fund for the first time must execute This subpart applies only to the loan payments in the F Fund, C Fund, an acknowledgment of risk in investment of future contributions and S Fund, or I Fund must execute an accordance with § 1601.33. loan payments in the TSP’s investment acknowledgment of risk in accordance (b) An interfund transfer request has funds; it does not apply to redistributing with § 1601.33; participants’ existing account balances no effect on contributions and loan (4) All contributions and loan among the investment funds, which is payments made after the effective date payments made on behalf of a covered in subpart C of this part. of the interfund transfer request; participant who does not have a subsequent contributions and loan § 1601.12 Investing future contributions contribution allocation in effect will be payments will continue to be allocated and loan payments in the TSP investment invested in the G Fund; among the investment funds in funds. (5) Once a contribution allocation accordance with the participant’s (a) Transition rule. Effective May 1, becomes effective, it remains in effect contribution allocation made under 2001, contributions and loan payments until it is superseded by a subsequent subpart B of this part. will be allocated among the investment contribution allocation. If a separated funds based on the allocation of the participant is rehired, his or her last Subpart D—Contribution Allocations most recent contribution posted to the contribution allocation before and Interfund Transfer Requests account between March 15, 2001, and separation from service will be given § 1601.31 Applicability. April 30, 2001. If no contributions have effect until a new allocation is made. been posted to an account between (b) Effect of rejection of form. If a This subpart applies both to March 15, 2001, and April 30, 2001, the Form TSP–50 is rejected, the purported contribution allocations made under allocation will be based on the contribution allocation made on the subpart B of this part and interfund allocation shown on an interfund form will have no effect. The TSP will transfers made under subpart C of this transfer request pending for April 30, provide the participant with a written part.
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§ 1601.32 Timing and posting dates. made through the TSP Web site or the a required acknowledgment of risk has (a) Posting dates. (1) A contribution ThriftLine, is the date the participant not been executed, no transactions allocation will ordinarily be posted enters the investment percentages; involving the fund(s) for which the within 2 business days after it is (ii) The date of a contribution acknowledgment is required will be received. allocation or interfund transfer request accepted. (2) An interfund transfer request made on Form TSP–50 is the date the (b) The acknowledgment of risk may received by midnight (central time) on form is signed by the participant; and be executed in association with a the 15th of the month will be posted to (iii) Central time is used for contribution allocation or an interfund a participant’s account as of the last day determining the date and time on which transfer using the TSP Web site, the of the month. (If the 15th of the months a transaction is entered and confirmed ThriftLine, or Form TSP–50. falls on a weekend, holiday, or other through the TSP Web site or the nonbusiness day, the deadline will be ThriftLine. § 1601.34 Effectiveness of Form TSP–50. the next business day.) Requests (d) Cancellation of contribution (a) A Form TSP–50 will not be received after the deadline will be allocation or interfund transfer request. effective if: posted to a participant’s account as of (1) A contribution allocation or an (1) It is not signed and dated; the last day of the following month. interfund transfer request may be (2) It is missing a Social Security (b) Limit. There is no limit on the canceled only through the TSP Web site, number or date of birth; number of contribution allocations or the ThriftLine, or through written (3) The contribution allocation or interfund transfer requests that may be correspondence. interfund transfer percentages do not made by a participant; however, only (2) Cancellation on the TSP Web site total 100%; or one interfund transfer will be processed or ThriftLine. A contribution allocation (4) The form is otherwise not properly per month. or an interfund transfer request may be completed in accordance with the (c) Multiple contribution allocations canceled by entering the cancellation on instructions on the form. or interfund transfer requests. (1) If two the TSP Web site or the ThriftLine only (b) If a Form TSP–50 is rejected, the or more contribution allocations or two up to the deadline, described in TSP will provide the participant with a or more interfund transfer requests with paragraph (a) of this section, that is written statement of the reason the form different dates are received for a applicable to the original request. If a was rejected. participant and would be posted on the change or cancellation is received after same day under the rules set forth in the deadline, the original request will be § 1601.35 Posting of transaction requests. paragraph (a) of this section, only the processed as scheduled. The second The Board fully expects to meet the last contribution allocation or interfund request will then be processed in turn. standards of § 1602.32. However, the transfer request with the latest date will (3) Cancellation by correspondence. A Board cannot and does not guarantee be posted. participant may also cancel a that the TSP Web site or the ThriftLine (2) If two or more contribution contribution allocation or an interfund will always be available to accept and allocations or two or more interfund transfer request by submitting a letter to process transaction requests. transfer requests with the same date are the TSP record keeper requesting received for a participant and would be cancellation. To be accepted, the § 1601.36 Error correction. posted on the same day, the following cancellation letter must be signed and Errors in processing contribution rules will apply: dated and must contain the participant’s allocations and interfund transfer (i) If one or more of the contribution name, Social Security number, and date requests, or errors that otherwise cause allocations or interfund transfer requests of birth. To be effective, the cancellation money to be invested in the wrong are submitted through the TSP Web site must be received by the deadline investment fund, will be corrected in or the ThriftLine and one or more are described in paragraph (a) of this accordance with the error correction made on a Form TSP–50 and would be section. Unless the letter states regulations found at 5 CFR part 1605. posted on the same day, only the latest unambiguously the specific contribution [FR Doc. 01–7233 Filed 3–23–01; 8:45 am] contribution allocation or interfund allocation or interfund transfer request BILLING CODE 6760–01–P transfer request made through the TSP it seeks to cancel, the written Web site or the ThriftLine will be cancellation will apply to any posted; contribution allocation or interfund DEPARTMENT OF TRANSPORTATION (ii) If one or more of the contribution transfer request with a date (as allocations or interfund transfer requests determined under paragraph (c)(3) of Federal Aviation Administration are made through the TSP Web site or this section) before the date of the the ThriftLine, only the contribution cancellation letter. If the date of a 14 CFR Part 39 allocation or interfund transfer request cancellation letter is the same as the entered at the latest time will be posted; date of a contribution allocation or an [Docket No. 2000–CE–44–AD] and interfund transfer request and the RIN 2120–AA64 (iii) If the contribution allocations or request was made on Form TSP–50, the interfund transfer requests are form will be canceled. If the request was Airworthiness Directives; Raytheon submitted using Form TSP–50, all of the made on the TSP Web site or ThriftLine, Aircraft Company Beech Models 35, forms will be rejected unless the it will only be canceled if the written 35R, A35, and B35 Airplanes percentage allocations among the cancellation specifies the date of the investment funds are identical, in which TSP Web site or ThriftLine request to be AGENCY: Federal Aviation case one will be accepted. canceled. Administration, DOT. (3) For purposes of determining the ACTION: Notice of proposed rulemaking date and time of a contribution § 1601.33 Acknowledgment of risk. (NPRM). allocation or an interfund transfer (a) A participant who wants to invest request, the following rules apply: in any investment fund other than the SUMMARY: This document proposes to (i) The date of a contribution G Fund must execute an supersede Airworthiness Directive (AD) allocation or interfund transfer request acknowledgment of risk for that fund. If 98–13–02, which currently requires
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operating limitations on Raytheon Are there any specific portions of the N35, P35, S35, V35, V35A, and V35B Aircraft Company (Raytheon) Beech proposed AD I should pay attention to? airplanes, as well as the Beech Models Models 35, 35R, A35, and B35 airplanes. The FAA specifically invites comments 35, A35, B35, and 35R airplanes: This proposed AD is the result of on the overall regulatory, economic, —Checking the ruddervator static Raytheon developing inspection and environmental, and energy aspects of balance and rebalancing the modification procedures that, when the proposed rule that might suggest a ruddervators when the balance is not accomplished on the affected airplanes, need to modify the rule. You may in accordance with manufacturer’s would eliminate the need for the examine all comments we receive before specifications or anytime the operating limitations. This proposed AD and after the closing date of the rule in ruddervators are repaired or would retain the operating limitations the Rules Docket. We will file a report repainted; for the affected airplanes until the in the Rules Docket that summarizes —Repetitively inspecting the fuselage recently developed inspection and each FAA contact with the public that bulkheads for damage, and replacing modification procedures are concerns the substantive parts of the any damaged parts; accomplished. The proposed AD would proposed AD. —Installing stabilizer reinforcements for also require repetitive inspections of the We are re-examining the writing style some airplane models, as applicable; fuselage structure. The actions specified we currently use in regulatory —Fabricating and installing airspeed by the proposed AD are intended to documents, in response to the limitation placards; continue to prevent structural failure of Presidential memorandum of June 1, —Incorporating certain airspeed the V-tail, which could result in loss of 1998. That memorandum requires limitations into the airplane flight control of the airplane. federal agencies to communicate more manual/pilot’s operating handbook (POH/AFM); DATES: clearly with the public. We are The Federal Aviation —Inspecting the empennage, aft Administration (FAA) must receive any interested in your comments on whether the style of this document is clear, and fuselage, and ruddervator control comments on this rule on or before May system for damage, and replacing or 25, 2001. any other suggestions you might have to improve the clarity of FAA repairing any damaged parts; and ADDRESSES: Submit comments in —Ensuring the accuracy of the airplane communications that affect you. You triplicate to FAA, Central Region, Office basic weight and balance information, can get more information about the of the Regional Counsel, Attention: and immediately correcting any Presidential memorandum and the plain Rules Docket No. 2000–CE–44–AD, 901 discrepancies. language initiative at http:// Locust, Room 506, Kansas City, Accomplishment of these actions is Missouri 64106. Comments may be www.plainlanguage.gov. How can I be sure FAA receives my required in accordance with the inspected at this location between 8 instructions to either Beech Kit No. 35– a.m. and 4 p.m., Monday through comment? If you want us to acknowledge the receipt of your 4016–3, 35–4016–5, 35–4016–7, or 35– Friday, holidays excepted. 4016–9, as applicable and as specified Service information that applies to the comments, you must include a self- addressed, stamped postcard. On the in Beech Service Bulletin No. 2188, proposed AD may be obtained from the dated May, 1987, and the applicable Raytheon Aircraft Company, PO Box 85, postcard, write ‘‘Comments to Docket No. 2000–CE–44–AD.’’ We will date maintenance and shop manuals. Wichita, Kansas 67201–0085; telephone: What has happened since AD 94–20– stamp and mail the postcard back to (800) 625–7043 or (316) 676–4556. This 04 and AD 98–13–02 to initiate this you. information also may be examined at action? AD 94–20–04 contains minor the Rules Docket at the address above. Discussion errors and FAA receives periodic calls FOR FURTHER INFORMATION CONTACT: Mr. Has FAA taken any action on the from the public for clarification. T.N. Baktha, Aerospace Engineer, FAA, In addition, Raytheon has issued Raytheon airplane ruddervator system Wichita Aircraft Certification Office, Recommended Service Bulletin No. SB to this point? AD 98–13–02, 1801 Airport Road, Mid-Continent 27–3358, Issued: February, 2000, which Amendment 39–10590 (63 FR 31916, Airport, Wichita, Kansas 67209; includes procedures for inspecting the June 11, 1998), currently requires the telephone: (316) 946–4155; facsimile: aft fuselage, ruddervator, and related following on Raytheon Beech Models (316) 946–4407. systems for acceptable condition and 35, A35, B35, and 35R airplanes: SUPPLEMENTARY INFORMATION: rebalancing the ruddervators to new —Fabricating a placard that restricts the specifications (upper limit reduced from Comments Invited never exceed speed (Vne) to no more 19.8 to 18 inch-pounds (tail heavy)). How do I comment on the proposed than 144 miles per hour (MPH) or 125 Accomplishing these inspections would AD? The FAA invites comments on this knots (KTS) indicated airspeed (IAS), eliminate the need for the operating proposed rule. You may submit and installing this placard on the limitations of AD 98–13–02. This whatever written data, views, or instrument panel within the pilot’s service bulletin also includes the arguments you choose. You need to clear view; procedures necessary for continuing the include the rule’s docket number and —Marking a red line on the airspeed repetitive inspections of the empennage, submit your comments in triplicate to indicator glass at 144 MPH (125 KTS); aft fuselage, and ruddervator control the address specified under the heading —Marking a white slippage mark on the system (the inspections AD 94–20–04 ADDRESSES. The FAA will consider all outside surface of the airspeed currently require). comments received on or before the indicator between the glass and case; closing date. We may amend the and The FAA’s Determination and proposed rule in light of comments —Inserting a copy of this AD into the Explanation of the Provisions of the received. Factual information that Limitations Section of the POH/AFM. Proposed AD supports your ideas and suggestions is In addition, AD 94–20–04, What has FAA decided? After extremely helpful in evaluating the Amendment 39–9032 (59 FR 49785, examining the circumstances and effectiveness of the proposed AD action September 30, 1994), requires the reviewing all available information and determining whether we need to following on certain Beech Models C35, related to the incidents described above, take additional rulemaking action. D35, E35, F35, G35, H35, J35, K35, M35, we have determined that:
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—The unsafe condition referenced in in accordance with Raytheon proposed inspection requirement along this document still exists or could Recommended Service Bulletin No. with the new proposed limits for the develop on other Raytheon Beech SB 27–3358, Issued: February, 2000; ruddervator balance (set forth in Models 35, A35, B35, and 35R and Raytheon SB 27–3358, Section 3.A) airplanes of the same type design; —AD action should be taken in order to would terminate the need for the —The inspections specified in Raytheon continue to prevent structural failure operating limitations for those airplanes. of the V-tail, which could result in Recommended Service Bulletin No. Cost Impact SB 27–3358, Issued: February, 2000, loss of control of the airplane. What would the proposed AD require? should be accomplished on Beech This proposed AD would supersede AD How many airplanes would the Models 35, 35R, A35, and B35 98–13–02 with a new AD. The proposed proposed AD impact? We estimate that airplanes; AD would require you to inspect the aft the proposed AD affects 2,211 airplanes —The repetitive inspections currently fuselage, ruddervator, and related in the U.S. registry. required on these airplanes by AD 94– systems for acceptable condition on What would be the cost impact of the 20–04 should be removed from AD Beech Models 35, 35R, A35, and B35 proposed AD on owners/operators of the 94–20–04 and included in this airplanes; adjust ruddervator balance to affected airplanes? We estimate the proposed AD. These repetitive the new limits; and repair or replace following costs to accomplish the inspections should be accomplished damaged parts, as necessary. This proposed initial inspections:
Total cost on Labor cost Parts cost Total cost per airplane U.S. operators
55 workhours at $60 per hour = $3,300 $500 per airplane ...... $3,800 ...... $8,401,800
The above figures are based only on regulatory action’’ under Executive Authority: 49 U.S.C. 106(g), 40113, 44701. the proposed initial inspections and do Order 12866; (2) is not a ‘‘significant not take into account the cost of rule’’ under DOT Regulatory Policies § 39.13 [Amended] repetitive inspections or adjustments, and Procedures (44 FR 11034, February 2. FAA amends § 39.13 by removing repairs, or replacements that would be 26, 1979); and (3) if promulgated, will Airworthiness Directive (AD) 98–13–02, necessary based on the results of the not have a significant economic impact, Amendment 39–10590 (63 FR 31916, inspections. We have no way of positive or negative, on a substantial June 11, 1998), and by adding a new AD determining the number of repetitive number of small entities under the to read as follows: inspections each owner/operator of the criteria of the Regulatory Flexibility Act. affected airplanes would incur or what A copy of the draft regulatory evaluation Raytheon Aircraft Company (Beech Aircraft adjustments, repairs, or replacements prepared for this action has been placed Corporation formerly held Type may be necessary based on the results in the Rules Docket. A copy of it may Certificate (TC) No. A–777): Docket No. of the inspections. be obtained by contacting the Rules 2000–CE–44–AD; Supersedes AD 98–13– Docket at the location provided under 02, Amendment 39–10590. Regulatory Impact the heading ADDRESSES. (a) What airplanes are affected by this AD? Would this proposed AD impact This AD affects Beech Models 35, 35R, A35, various entities? The regulations List of Subjects in 14 CFR Part 39 and B35 airplanes, all serial numbers, that proposed herein would not have a Air transportation, Aircraft, Aviation are certificated in any category. substantial direct effect on the States, on safety, Safety. (b) Who must comply with this AD? Anyone who wishes to operate any of the the relationship between the national The Proposed Amendment government and the States, or on the above airplanes must comply with this AD. distribution of power and Accordingly, under the authority (c) What problem does this AD address? responsibilities among the various delegated to me by the Administrator, The actions specified by this AD are intended levels of government. Therefore, it is the Federal Aviation Administration to prevent structural failure of the V-tail, determined that this proposed rule proposes to amend 14 CFR part 39 of the which could result in loss of control of the would not have federalism implications Federal Aviation Regulations as follows: airplane. under Executive Order 13132. (d) What actions must I accomplish to PART 39—AIRWORTHINESS address this problem on the affected Would this proposed AD involve a DIRECTIVES significant rule or regulatory action? For airplanes? To address this problem, the reasons discussed above, I certify 1. The authority citation for part 39 accomplish the following: that this action (1) is not a ‘‘significant continues to read as follows:
Actions Compliance Procedures
(1) Fabricate a placard that restricts the never Within the next 10 hours time-in-service (TIS) Not Applicable. exceed speed (Vne) to no more than 144 after July 7, 1998 (the effective date of AD miles per hour (MPH) or 125 knots (KTS) in- 98–13–02), unless already accomplished. dicated airspeed (IAS), and install this placard on the instrument panel within the pi- lot’s clear view. The placard should utilize let- ters of at least 0.10-inch in height and con- tain the following words: ‘‘Never exceed speed, Vne, 144 MPH (125 KTS) IAS’’.
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Actions Compliance Procedures
(2) Mark a red line on the airspeed indicator Within the next 10 hours time-in-service (TIS) Not Applicable. glass at 144 MPH (125 KTS) and mark a after July 7, 1998 (the effective date of AD white slippage mark on the outside surface of 98–13–02), unless already accomplished. the airspeed indicator between the glass and case.
(3) Insert a copy of this AD into the Limitations Within the next 10 hours time-in-service (TIS) Not Applicable. Section of the airplane flight manual (AFM). after July 7, 1998 (the effective date of AD 98–13–02), unless already accomplished.
(4) The owner/operator holding at least a pri- Within the next 10 hours time-in-service (TIS) Make an entry into the aircraft records show- vate pilot certificate as authorized by section after July 7, 1998 (the effective date of AD ing compliance with this AD in accordance 43.7 of the Federal Aviation Regulations (14 98–13–02), unless already accomplished. with section 43.9 of the Federal Aviation CFR 43.7) may fabricate and install the Regulations (14 CFR 43.9). placard as required by paragraph (d)(1) of this AD and insert this AD into the Limitations Section of the AFM as required by paragraph (d)(3) of this AD.
(5) Visually inspect the empennage, aft fuse- Inspect within the next 100 hours TIS after Accomplish the inspection and repairs or re- lage, and ruddervator control system for the last inspection required by AD 94–20– placements in accordance with paragraphs damage. Repair or replace any damaged 04 or within the next 25 hours TIS after the (5)(a) through (5)(f) of the ACCOMPLISH- parts and set the elevator controls, rudder effective date of this AD, whichever occurs MENT INSTRUCTIONS section of and tab system controls, cable tensions, and later, and thereafter at intervals not to ex- Raytheon Service Bulletin No. SB 27–3358, rigging. ceed 100 hours TIS. Accomplish any re- Issued: February, 2000. pairs, replacements, and adjustments prior to further flight after the applicable inspec- tion.
(6) Verify the accuracy of the airplane basic Accomplish the airplane basic weight and bal- Use the procedures contained in the Appen- weight and balance information and correct ance accuracy verification within the next dix to this AD. any discrepancies. 100 hours TIS after the effective date of this AD, unless already accomplished as previously required by AD 94–20–04. Cor- rect any discrepancies prior to further flight after the verification.
(7) Inspect the aft fuselage, ruddervator, and Accomplish the inspections within the next 2 Accomplish the inspection and repairs or re- related systems for acceptable condition. years after the effective date of this AD, un- placements in accordance with all para- less already accomplished. Accomplish any graphs in the ACCOMPLISHMENT IN- repair or replacement prior to further flight STRUCTIONS section of Raytheon Service after the inspection. Accomplish any Bulletin No. SB 27–3358, Issued: February, ruddervator rebalancing prior to further flight 2000. Accomplish the rebalancing in ac- after the inspection and when the cordance with Section 3A(8) of the service ruddervators are repaired or repainted bulletin and use the procedure in Section 3 (even if stripes are added or paint is of Beech Shop Manual 35–590096B19 (or touched up). subsequent revision).
(i) Repair or replace any parts found unaccept- able as specified in the service bulletin; (ii) Rebalance the ruddervators to the new specifications that reduce the upper limit from 19.8 to 18 inch-pounds (tail heavy); and (iii) Discontinue the placard and operating limi- tations required by paragraphs (d)(1) through (d)(4) of this AD.
(e) Can I comply with this AD in any other approved as alternative methods of addressed by this AD; and, if you have not way? compliance with this AD. eliminated the unsafe condition, specific (1) You may use an alternative method of Note: This AD applies to each airplane actions you propose to address it. compliance or adjust the compliance time if: identified in paragraph (a) of this AD, (f) Where can I get information about any (i) Your alternative method of compliance regardless of whether it has been modified, already-approved alternative methods of provides an equivalent level of safety; and altered, or repaired in the area subject to the compliance? Contact Mr. T.N. Baktha, (ii) The Manager, Wichita Aircraft requirements of this AD. For airplanes that Aerospace Engineer, FAA, Wichita Aircraft Certification Office (ACO), approves your have been modified, altered, or repaired so Certification Office, 1801 Airport Road, Mid- alternative. Submit your request through an that the performance of the requirements of Continent Airport, Wichita, Kansas 67209; FAA Principal Maintenance Inspector, who this AD is affected, the owner/operator must telephone: (316) 946–4155; facsimile: (316) may add comments and then send it to the request approval for an alternative method of 946–4407. Manager, Wichita ACO. compliance in accordance with paragraph (e) (g) What if I need to fly the airplane to (2) Alternative methods of compliance of this AD. The request should include an another location to comply with this AD? The approved in accordance with AD 98–13–02, assessment of the effect of the modification, FAA can issue a special flight permit under which is superseded by this AD, are alteration, or repair on the unsafe condition sections 21.197 and 21.199 of the Federal
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Aviation Regulations (14 CFR 21.197 and DEPARTMENT OF TRANSPORTATION Wichita Aircraft Certification Office, 21.199) to operate your airplane to a location 1801 Airport Road, Mid-Continent where you can accomplish the requirements Federal Aviation Administration Airport, Wichita, Kansas 67209; of this AD. telephone: (316) 946–4155; facsimile: (h) How do I get copies of the documents 14 CFR Part 39 (316) 946–4407. referenced in this AD? You may obtain copies [Docket No. 93–CE–37–AD] SUPPLEMENTARY INFORMATION: of the documents referenced in this AD from the Raytheon Aircraft Company, PO Box 85, RIN 2120–AA64 Comments Invited Wichita, Kansas 67201-0085. You may How do I comment on the proposed examine these documents at FAA, Central Airworthiness Directives; Raytheon AD? The FAA invites comments on this Region, Office of the Regional Counsel, 901 Aircraft Company Beech Models C35, proposed rule. You may submit Locust, Room 506, Kansas City, Missouri D35, E35, F35, G35, H35, J35, K35, M35, whatever written data, views, or 64106. N35, P35, S35, V35, V35A, and V35B arguments you choose. You need to (i) Does this AD action affect any existing Airplanes include the rule’s docket number and AD actions? This amendment supersedes AD AGENCY: Federal Aviation submit your comments in triplicate to 98–13–02, Amendment 39–10590. Administration, DOT. the address specified under the heading Appendix to Docket No. 2000–CE–44– ACTION: Notice of proposed rulemaking ADDRESSES. The FAA will consider all AD (NPRM). comments received on or before the closing date. We may amend the Weight and Balance Accuracy Method No. 1: SUMMARY: This document proposes to proposed rule in light of comments 1. Review existing weight and balance revise Airworthiness Directive (AD) 94– received. Factual information that documentation to assure completeness and 20–04, which currently requires supports your ideas and suggestions is accuracy of the documentation from the most ruddervator inspections, modifications, extremely helpful in evaluating the recent FAA-approved weighing or from and operating limitations on certain effectiveness of the proposed AD action factory delivery to date of compliance with Raytheon Aircraft Company (Raytheon) and determining whether we need to this AD. Beech Models 35, 35R, A35, B35, C35, take additional rulemaking action. 2. Compare the actual configuration of the D35, E35, F35, G35, H35, J35, K35, M35, Are there any specific portions of the airplane to the configuration described in the N35, P35, S35, V35, V35A, and V35B proposed AD I should pay attention to? weight and balance documentation; and airplanes. This proposed AD is the The FAA specifically invites comments 3. If equipment additions or deletions are result of information received from the on the overall regulatory, economic, not reflected in the documentation or if field on the ability to accomplish and environmental, and energy aspects of modification affecting the location of the understand this existing AD. The the proposed rule that might suggest a center of gravity (e.g., paint or structural proposed AD would condense and need to modify the rule. You may repairs) are not documented, determine the clarify the information presented in AD examine all comments we receive before accuracy of the airplane weight and balance 94–20–04 and would remove the Beech and after the closing date of the rule in data in accordance with Method No. 2. Models 35, 35R, A35, and B35 airplanes the Rules Docket. We will file a report from the applicability of AD 94–20–04. in the Rules Docket that summarizes Weight and Balance Information Accuracy We are incorporating the actions each FAA contact with the public that Method No. 2: applicable to the Beech Models 35, 35R, concerns the substantive parts of the 1. Determine the basic empty weight and A35, and B35 airplanes into another proposed AD. center of gravity (CG) of the empty airplane proposed AD action. The actions We are re-examining the writing style using the Weighing Instructions in the specified by the proposed AD are we currently use in regulatory Weight and Balance section of the airplane intended to continue to prevent documents, in response to the flight manual/pilot’s operating handbook structural failure of the V-tail, which Presidential memorandum of June 1, (AFM/POH). could result in loss of control of the 1998. That memorandum requires 2. Record the results in the airplane airplane. federal agencies to communicate more records, and use these new values as the clearly with the public. We are basis for computing the weight and CG DATES: The Federal Aviation Administration (FAA) must receive any interested in your comments on whether information as specified in the Weight and the style of this document is clear, and Balances section of the AFM/POH. comments on this rule on or before May 25, 2001. any other suggestions you might have to Issued in Kansas City, Missouri, on March improve the clarity of FAA ADDRESSES: Submit comments in 19, 2001. communications that affect you. You triplicate to FAA, Central Region, Office can get more information about the Michael Gallagher, of the Regional Counsel, Attention: Presidential memorandum and the plain Manager, Small Airplane Directorate, Aircraft Rules Docket No. 93–CE–37–AD, 901 language initiative at http:// Certification Service. Locust, Room 506, Kansas City, www.plainlanguage.gov. [FR Doc. 01–7335 Filed 3–23–01; 8:45 am] Missouri 64106. Comments may be How can I be sure FAA receives my BILLING CODE 4910–13–U inspected at this location between 8 comment? If you want us to a.m. and 4 p.m., Monday through acknowledge the receipt of your Friday, holidays excepted. comments, you must include a self- Service information that applies to the addressed, stamped postcard. On the proposed AD may be obtained from the postcard, write ‘‘Comments to Docket Raytheon Aircraft Company, PO Box 85, No. 93–CE–37–AD.’’ We will date stamp Wichita, Kansas 67201–0085; telephone: and mail the postcard back to you. (800) 625–7043 or (316) 676–4556. This information also may be examined at Discussion the Rules Docket at the address above. Has FAA taken any action on the FOR FURTHER INFORMATION CONTACT: Mr. Raytheon airplane ruddervator system T.N. Baktha, Aerospace Engineer, FAA, to this point? The following paragraphs
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describe AD’s that FAA issued to requires operating limitations in order of the V-tail, which could result in address the V-tail structure on Raytheon to address ruddervator problems on loss of control of the airplane. Beech 35 series airplanes. Beech Models 35, A35, B35, and 35R What would the proposed AD require? airplanes. AD 94–20–04, Amendment 39–9032 This proposed AD would revise AD 94– What has happened since AD 94–20– (59 FR 49785, September 30, 1994), 20–04, would condense and clarify the currently requires the following on 04 and AD 98–13–02 to initiate this action? AD 94–20–04 contains minor information presented in this AD, and certain Beech Models 35, 35R, A35, B35, would remove the Beech Models 35, C35, D35, E35, F35, G35, H35, J35, K35, errors and FAA receives periodic calls from the public for clarification. 35R, A35, B35 airplanes from the M35, N35, P35, S35, V35, V35A, and Applicability of AD 94–20–04. We are V35B airplanes: In addition, Raytheon has issued Recommended Service Bulletin No. SB proposing to incorporate the actions —Checking the ruddervator static applicable to the Beech Models 35, 35R, balance and rebalancing the 27–3358, Issued: February, 2000, which includes procedures for inspecting the A35, and B35 airplanes into another ruddervators when the balance is not proposed AD action. in accordance with manufacturer’s aft fuselage, ruddervator, and related The operating limitations from AD specifications or anytime the systems for acceptable condition and rebalancing the ruddervators to new 94–20–04 for the Beech Models C35, ruddervators are repaired or specifications (upper limit reduced from D35, E35, F35, G35, H35, J35, K35, M35, repainted; 19.8 to 18 inch-pounds (tail heavy)). N35, P35, S35, V35, V35A, and V35B —Repetitively inspecting the fuselage Accomplishing these inspections would airplanes are not included in this bulkheads for damage, and replacing eliminate the need for the operating proposed AD because the other actions any damaged parts; limitations of AD 98–13–02. retained from AD 94–20–04 make them —Installing stabilizer reinforcements for unnecessary. some airplane models, as applicable; The FAA’s Determination and —Fabricating and installing airspeed Explanation of the Provisions of the The repetititive inspections currently limitation placards; Proposed AD required by AD 94–20–04 for Beech —Incorporating certain airspeed Models 35, 35R, A35, and B35 airplanes What has FAA decided? After will be incorporated into another limitations into the airplane flight examining the circumstances and proposed AD action, and will be manual/pilot’s operating handbook reviewing all available information accomplished in accordance with (POH/AFM); related to the incidents described above, Raytheon Recommended Service —Inspecting the empennage, aft we have determined that: fuselage, and ruddervator control Bulletin No. SB 27–3358, Issued: —The unsafe condition referenced in February, 2000. system for damage, and replacing or this document still exists or could repairing any damaged parts; and develop on other Raytheon Beech Cost Impact —Ensuring the accuracy of the airplane Models C35, D35, E35, F35, G35, H35, How many airplanes would the basic weight and balance information, J35, K35, M35, N35, P35, S35, V35, proposed AD impact? We estimate that and immediately correcting any V35A, and V35B of the same type the proposed AD affects 10,200 discrepancies. design; Accomplishment of these actions is —The actions of AD 94–20–04 should airplanes in the U.S. registry. required in accordance with the be condensed and clarified; What would be the cost impact of the instructions to either Beech Kit No. 35– —The Beech Models 35, A35, B35, and proposed AD on owners/operators of the 4016–3, 35–4016–5, 35–4016–7, or 35– 35R airplanes should be removed affected airplanes? We estimate the 4016–9, as applicable and as specified from the applicability of AD 94–20–04 following costs to accomplish the in Beech Service Bulletin (SB) No. 2188, and the actions of that AD for these proposed initial inspections. These cost dated May, 1987, and the applicable airplanes should be combined with figures are exactly the same as what is maintenance and shop manuals. AD 98–13–02; and currently required by AD 94–20–04. AD 98–13–02, Amendment 39–10590 —AD action should be taken in order to This proposed AD presents no new (63 FR 31916, June 11, 1998), currently continue to prevent structural failure costs upon the public:
Total cost on Labor cost Parts cost Total cost per airplane U.S. operators
40 workhours at $60 per hour=$2,400 ...... Not applicable ...... $2,400 per airplane ...... $24,480,000
The above figures are based only on Regulatory Impact the reasons discussed above, I certify the initial inspections and do not take Would this proposed AD impact that this action (1) is not a ‘‘significant into account the cost of repetitive various entities? The regulations regulatory action’’ under Executive inspections or adjustments, repairs, or proposed herein would not have a Order 12866; (2) is not a ‘‘significant replacements that would be necessary substantial direct effect on the States, on rule’’ under DOT Regulatory Policies based on the results of the inspections. the relationship between the national and Procedures (44 FR 11034, February We have no way of determining the government and the States, or on the 26, 1979); and (3) if promulgated, will number of repetitive inspections each distribution of power and not have a significant economic impact, owner/operator of the affected airplanes responsibilities among the various positive or negative, on a substantial would incur or what adjustments, levels of government. Therefore, it is number of small entities under the repairs, or replacements may be determined that this proposed rule criteria of the Regulatory Flexibility Act. necessary based on the results of the would not have federalism implications A copy of the draft regulatory evaluation inspections. under Executive Order 13132. prepared for this action has been placed Would this proposed AD involve a in the Rules Docket. A copy of it may significant rule or regulatory action? For be obtained by contacting the Rules
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Docket at the location provided under § 39.13 [Amended] modification incorporated in accordance the caption ADDRESSES. 2. FAA amends § 39.13 by removing with Supplemental Type Certificate (STC) SA2149CE. List of Subjects in 14 CFR Part 39 Airworthiness Directive (AD) 94–20–04, Amendment 39–9032 (59 FR 49785, Note 1: Beech Models 35, 35R, A35, B35 airplanes were included in the Applicability Air transportation, Aircraft, Aviation September 30, 1994), and by adding a of AD 94–20–04. We have removed the Beech safety, Safety. new AD to read as follows: Models 35, 35R, A35, and B35 airplanes from The Proposed Amendment Raytheon Aircraft Company (Beech Aircraft the Applicability Section of this AD and Corporation formerly held Type incorporated the actions applicable to these Accordingly, under the authority Certificate (TC) No. A–777 and TC No. airplanes into another AD action. delegated to me by the Administrator, 3A15): Docket No. 93–CE–37–AD; (b) Who must comply with this AD? the Federal Aviation Administration Revises AD 94–20–04, Amendment 39– Anyone who wishes to operate any of the proposes to amend 14 CFR part 39 of the 9032. above airplanes must comply with this AD. Federal Aviation Regulations as follows: (a) What airplanes are affected by this AD? (c) What problem does this AD address? This AD affects the following airplanes that The actions specified by this AD are intended PART 39—AIRWORTHINESS are certificated in any category: to prevent structural failure of the V-tail, DIRECTIVES (1) Beech Models C35, D35, E35, F35, G35, which could result in loss of control of the H35, J35, K35, M35, N35, and P35 airplanes, airplane. 1. The authority citation for part 39 all serial numbers; and (d) What actions must I accomplish to (2) Beech Models S35, V35, V35A, and address this problem on the affected continues to read as follows: V35B airplanes, all serial numbers, that do airplanes? To address this problem on the Authority: 49 U.S.C. 106(g), 40113, 44701. not have the straight tail conversion affected airplanes, accomplish the following:
Actions Compliance Procedures
(1) Verify that the ruddervator balance is within Within the next 100 hours TIS after November Verify in accordance with the applicable shop the manufacturer’s specified limits as defined 28, 1994 (the effective date of AED 94–20– or maintenance manual. Balance the in the applicable shop or maintenance man- 04), and thereafter prior to further flight ruddervator control surfaces in accordance ual and balance the ruddervator control sur- after the ruddervators are repaired or re- with Section 3 of Beech Shop Manual 35– faces, as necessary. painted (even if stripes are added or paint 590096B19, or subsequent revisions. is touched up).
(2) Visually inspect the empennage, aft fuse- Inspect within the next 100 hours TIS after In accordance with the procedures and as lage, and ruddervator control system for November 28, 1994 (the effective date of specified in the instructions to Beech Kit damage. Repair or replace any damaged AD 94–20–04), and thereafter at intervals 35–4017–1 ‘‘Kit Information Empennage parts and set the elevator controls, rudder not to exceed 100 hours TIS. Accomplish and Aft Fuselage Inspection’’, as specified and tab system controls, cable tensions, and any repairs, replacements, and adjustments in Beech Service Bulletin No. 2188, dated rigging. prior to further flight after the applicable in- May, 1987. spection.
(3) Remove all external stabilizer reinforce- Within the next 100 hours TIS after November In accordance with the applicable mainte- ments installed during incorporation of either 28, 1994 (the effective date of AD 94–20– nance information. Supplemental Type Certificate (STC) 04), unless already accomplished. SA845GL, STC SA846GL, STC SA1650CE, STC SA2286NM, or STC SA2287NM, as ap- plicable. (i) Seal or fill any residual holes with appro- priate size rivets. (ii) The internal stub spar incorporated through STC SA1649CE and STC SA1650CE may be retained. (iii) The external angles incorporated through STC SA1649CE may also be retained by properly trimming the leading edges section to permit installation of the stabilizer rein- forcement referenced in paragraph (d)(4)(i) of this AD. (iv) For the Beech Models S35, V35, V35A, and V35B airplanes, you may retain and use the tail-safe external angles that were installed in accordance with STC SA1649CE instead of the stabilizer reinforcement specified in para- graph (d)(4)(i) of this AD.
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Actions Compliance Procedures
(4) Accomplish the following: Within the next 100 hours TIS after November In accordance with the instructions to RAC Kit (i) Install stabilizer reinforcements; 28, 1994 (the effective date of AD 94–20– No. 35–04016–3, 35–4016–5, 35–4016–7, (ii) Set the elevator nosedown trim; and 04), unless already accomplished. or 35–4016–9, as applicable and as speci- (iii) Replace the ruddervator tab control cables fied in Beech SB No. 2188, dated May, with larger diameter cables. 1987.
(5) Verify the accuracy of the airplane basis Accomplish the airplane basic weight and bal- Use the procedures contained in the Appen- weight and balance information and correct ance accuracy verification within the next dix to this AD. any discrepancies. 100 hours TIS after November 28, 1994 (the effective date of AD 94–20–04), unless already accomplished. Correct any discrep- ancies prior to further flight after the verification.
(e) Can I comply with this AD in any other (i) Does this AD action affect any existing DEPARTMENT OF THE TREASURY way? AD actions? This amendment revises AD 94– (1) You may use an alternative method of 20–04, Amendment 39–9032. Bureau of Alcohol, Tobacco and compliance or adjust the compliance time if: Firearms (i) Your alternative method of compliance Appendix to Docket No. 93–CE–37–AD provides an equivalent level of safety; and Weight and Balance Accuracy Method No. 1: 27 CFR Parts 275, 290 and 296 (ii) The Manager, Wichita Aircraft Certification Office (ACO), approves your 1. Review existing weight and balance [Notice No. 913] alternative. Submit your request through an documentation to assure completeness and FAA Principal Maintenance Inspector, who accuracy of the documentation from the most RIN: 1512–AC35 may add comments and then send it to the recent FAA-approved weighing or from Implementation of Public Laws 106– Manager, Wichita ACO. factory delivery to date of compliance with 476 and 106–554, Relating to Tobacco (2) Alternative methods of compliance this AD. approved in accordance with AD 94–20–04, 2. Compare the actual configuration of the Importation Restrictions, Markings, which is revised by this AD, are approved as Repackaging, and Destruction of alternative methods of compliance with this airplane to the configuration described in the weight and balance documentation; and Forfeited Tobacco Products (2000R– AD. 492P) Note 2: This AD applies to each airplane 3. If equipment additions or deletions are identified in paragraph (a) of this AD, not reflected in the documentation or if AGENCY: Bureau of Alcohol, Tobacco regardless of whether it has been modified, modification affecting the location of the and Firearms (ATF), Department of the altered, or repaired in the area subject to the center of gravity (e.g., paint or structural Treasury. requirements of this AD. For airplanes that repairs) are not documented, determine the ACTION: have been modified, altered, or repaired so accuracy of the airplane weight and balance Notice of proposed rulemaking. that the performance of the requirements of data in accordance with Method No. 2. this AD is affected, the owner/operator must SUMMARY: The Bureau of Alcohol, request approval for an alternative method of Weight and Balance Information Accuracy Tobacco and Firearms (ATF) is compliance in accordance with paragraph (e) Method No. 2: proposing to amend the regulations of this AD. The request should include an 1. Determine the basic empty weight and governing tobacco products in order to assessment of the effect of the modification, center of gravity (CG) of the empty airplane implement several provisions of the alteration, or repair on the unsafe condition Imported Cigarette Compliance Act of addressed by this AD; and, if you have not using the Weighing Instructions in the Weight and Balance section of the airplane 2000 included as part of the Tariff eliminated the unsafe condition, specific Suspension and Trade Act of 2000. actions you propose to address it. flight manual/pilot’s operating handbook (f) Where can I get information about any (AFM/POH). Sections 4002 and 4003 of this new law already-approved alternative methods of 2. Record the results in the airplane require that tobacco products and compliance? Contact Mr. T.N. Baktha, records, and use these new values as the cigarette papers and tubes manufactured Aerospace Engineer, FAA, Wichita Aircraft basis for computing the weight and CG in the United States and labeled for Certification Office, 1801 Airport Road, Mid- information as specified in the Weight and exportation can only be re-imported by Continent Airport, Wichita, Kansas 67209; Balances section of the AFM/POH. the original manufacturer or by an telephone: (316) 946–4155; facsimile: (316) export warehouse authorized to do so by 946–4407. Issued in Kansas City, Missouri, on March 19, 2001. the original manufacturer, provide that (g) What if I need to fly the airplane to those articles labeled for exportation another location to comply with this AD? The Michael Gallagher, FAA can issue a special flight permit under may not be sold or held for sale for Manager, Small Airplane Directorate, Aircraft domestic consumption in the United sections 21.197 and 21.199 of the Federal Certification Service. Aviation Regulations (14 CFR 21.197 and States unless they are removed from 21.199) to operate your airplane to a location [FR Doc. 01–7334 Filed 3–23–01; 8:45 am] their export packaging and repackaged where you can accomplish the requirements BILLING CODE 4910–13–U by the original manufacturer into new of this AD. packaging that does not contain an (h) How do I get copies of the documents export label, and require the destruction referenced in this AD? You may obtain copies of tobacco products forfeited under of the documents referenced in this AD from § 5761(c). the Raytheon Aircraft Company, PO Box 85, Wichita, Kansas 67201–0085. You may This notice also proposes regulations examine these documents at FAA, Central that will implement section 315 of the Region, Office of the Regional Counsel, 901 Consolidated Appropriations Act, 2001 Locust, Room 506, Kansas City, Missouri which allows travelers to bring 64106. personal-use quantities of tobacco
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products into the United States (up to shipped for exportation and were manufacturer, or by an export the quantity allowed entry free of tax removed after the effective date, and warehouse authorized to do so by the and duty under the Harmonized Tariff authorized the Secretary to prescribe original manufacturer, provide that Schedule of the United States). minimum capacity or activity those articles labeled for exportation Travelers may voluntarily relinquish to requirements as a criteria for issuance of may not be sold or held for sale for the U.S. Customs Service at the time of a manufacturer’s permit. These new domestic consumption in the United entry any excess of such quantity provisions of law became effective States unless they are removed from without incurring the penalty under January 1, 2000. their export packaging and repackaged § 5761(c). The temporary rule, T.D. ATF–421, by the original manufacturer into new This notice proposes to implement implemented these changes in law by packaging that does not contain an these changes in the law by providing providing new and amended regulations export label, and require the destruction new and amended regulations in parts in parts 200, 270, 275 and 290 of title of tobacco products forfeited under 275, 290 and 296 of title 27 of the Code 27 of the Code of Federal Regulations § 5761(c). of Federal Regulations (CFR). Note that (CFR). Concurrently with the temporary In addition, the Consolidated the effective date of the above rule, ATF also published a notice of Appropriations Act, 2001, signed provisions of the Imported Cigarette proposed rulemaking, Notice No. 887 December 21, 2000, Public Law 106– Compliance Act of 2000 is February 7, (64 FR 71927, Dec. 22, 1999), that 554, 114 Stat. 2763, amended the IRC at 2001. Section 315 of the Consolidated solicited comments regarding the section 5761(c) by adding language to Appropriations Act, 2001 is retroactive temporary regulations. The original the law which provides that travelers to the effective date of the Balanced comment period for Notice No. 887 can bring personal-use quantities of U.S. Budget Act of 1997, January 1, 2000. lasted for 60 days and closed on manufactured tobacco products labeled Several other provisions of the February 22, 2000. for export into the United States (up to Imported Cigarette Compliance Act of During the comment period, the ATF the quantity allowed entry free of tax 2000 amend the Tariff Act of 1930 by received requests to extend the and duty under the Harmonized Tariff imposing additional requirements for comment period in order to provide Schedule of the United States). Further, the entry of cigarettes into the United sufficient time for all interested parties the law provides that a person may States. Those provisions of the new law to respond to the issues raised in the voluntarily relinquish any excess will be implemented through notice. ATF found that a reopening of quantity of tobacco products without regulations issued by the U.S. Customs the comment period was warranted and incurring the penalty. However, no Service. on March 21, 2000, ATF published quantity of tobacco products other than Notice No. 893 in the Federal Register. DATES: Written comments must be the amount permitted under chapter 98 received by May 25, 2001. This notice reopened the comment of the Harmonized Tariff Schedule of period for Notice No. 887 for an the United States may be relanded or ADDRESSES: Send written comments to: additional 30 days. The second received as a personal use quantity. Chief, Regulations Division, Bureau of comment period for Notice No. 887 ATF believes that the above-described Alcohol, Tobacco and Firearms, P.O. closed on April 20, 2000. changes in the law are clear and leave Box 50221, Washington, DC 20091– On April 18, 2000 the United States no discretion in implementation. 0221; Notice No. 913. District Court for the District of However, because of the pending FOR FURTHER INFORMATION CONTACT: Mr. Columbia in the civil action, World Duty litigation (World Duty Free Americas, Daniel Hiland, Regulations Division, Free Americas, Inc. v. Treasury, (D.D.C. Inc. v. Treasury), ATF has decided to Bureau of Alcohol, Tobacco and No. 00–00404 (RCL)), issued a issue this notice of proposed rulemaking Firearms, 650 Massachusetts Avenue, temporary injunction enjoining the prior to the issuance of a final rule. NW, Washington, DC 20226; Telephone Treasury Department from enforcing Accordingly, this notice of proposed (202) 927–8210. Temporary Rules 27 CFR 275.11 and 27 rulemaking seeks public comment on SUPPLEMENTARY INFORMATION: CFR 275.83, in T.D. ATF–421, to the the proposed amendments to the extent that they prohibited the Background regulations in parts 275, 290, and 295 of importation of cigarettes purchased in title 27 of the Code of Federal On December 22, 1999, the Bureau of U.S. duty free stores up to the limit Regulations (CFR). Alcohol, Tobacco and Firearms allowed by the personal use exemption The following is a discussion of those published a temporary rule, T.D. ATF– provided by 19 U.S.C. 1555 and the sections of the IRC that were amended 421, in the Federal Register (64 FR Harmonized Tariff Schedule of the by the Balanced Budget Act of 1997 and 71918, Dec. 22, 1999). This temporary United States, 19 U.S.C. 1202, further amended by the ICCA 2000 and rule implemented several provisions subheadings 9804.00.65, 9804.00.70 and the Consolidated Appropriations Act, found in section 9302 of the Balanced 9804.00.72. 2001. Budget Act of 1997 (Act), Pub. L. 105– Later, on November 9, 2000, the 33, 111 Stat. 672. Section 9302 of the President signed the Tariff Suspension Importation Restrictions Act had amended the Internal Revenue and Trade Act of 2000, Public Law 106– Balanced Budget Act. Section 9302 of Code of 1986 at sections 5704(b), 5712, 476, 114 Stat. 2101, that included the the Balanced Budget Act of 1997 added 5754 and 5761(c). These amendments: Imported Cigarette Compliance Act of a new section, 26 U.S.C. 5754, to the placed restrictions on the importation of 2000 (ICCA 2000). Several sections of IRC entitled, ‘‘Restriction on previously exported tobacco products, the IRC that were amended by Balanced importation of previously exported required markings on tobacco products Budget Act of 1997 have been further tobacco products.’’ This new section or cigarette papers and tubes removed or amended by the ICCA 2000, including became effective on January 1, 2000 and transferred without payment of the sections 5704(d), 5754 and 5761(c). it placed severe limitations on the federal excise tax, provided penalties for These new amendments require that conditions under which previously selling, relanding, or receiving, within tobacco products and cigarette papers exported tobacco products, and cigarette the jurisdiction of the United States, and tubes manufactured in the United papers and tubes may be imported or tobacco products or cigarette papers and States and labeled for exportation can brought back into the United States. tubes which have been labeled and only be re-imported by the original Section 5754 stated that such products
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may only be imported or brought into or, (2) return to the original imposed a new civil penalty on persons, the United States as provided in section manufacturer of such articles as other than manufacturers or export 5704(d). The referenced section, provided in 5704(c). warehouse proprietors, who sell, reland 5704(d), allowed previously exported Proposed Amendments to the or receive tobacco products or cigarette tobacco products and cigarette papers Regulations. This NPRM proposes to papers or tubes that have been labeled and tubes to be released from Customs amend the regulations at 27 CFR 275.82 or shipped for exportation under custody, without payment of tax, for to reflect the above described changes in Chapter 52 of the IRC. However, section transfer to a manufacturer of tobacco the law. 9302(i) of this Act also provided that the products or cigarette papers and tubes, Tobacco Products Labeled for Export amendments to the IRC under the or to the proprietor of an export Balanced Budget Act of 1997 only warehouse. Thus, under section 5754, Balanced Budget Act. As discussed applied to ‘‘articles removed’’ after the only condition under which above, section 9302 of the Balanced December 31, 1999. As a consequence, previously exported tobacco products Budget Act of 1997 amended the IRC by articles that were removed on or before and cigarette papers and tubes could be adding section 5754 which imposed December 31, 1999 were not subject to imported or brought into the United restrictions on the importation of the new penalty. Thus, relanded tobacco States was by release from Customs previously exported tobacco products. products in packages bearing export custody to a manufacturer or an export Thus, only articles which had been marks that were lawfully removed from warehouse proprietor as an in-bond exported from the United States were Customs custody and entered into the transfer. However, section 5704(d) subject to the re-importation restriction. United States prior to January 1, 2000 allowed previously exported tobacco It also amended section 5704(b) by were lawful products and not subject to products to be transferred to any providing that tobacco products, and the civil penalty, or other criminal manufacturer of tobacco products or cigarette papers and tubes may not be provisions of Chapter 52 of the IRC. cigarette papers and tubes, or to any transferred or removed under 26 U.S.C. Imported Cigarette Compliance Act of export warehouse proprietor. The law § 5704(b) unless they bear the proper 2000. Section 4002 of the Imported did not mandate that the previously marks, labels and notices. Cigarette Compliance Act 2000 amends exported products return to the original Imported Cigarette Compliance Act of the IRC by providing new language at manufacturer or export warehouse 2000. Section 4002 of the Imported section 5754(a)(1)(C) whereby tobacco proprietor as authorized by the original Cigarette Compliance Act of 2000 products and cigarette papers and tubes manufacturer. further amends the IRC by providing manufactured in the United States and Imported Cigarette Compliance Act of new language at section 5754 whereby labeled for exportation may not be sold 2000. Section 4002 of the Imported tobacco products and cigarette papers or held for sale for domestic Cigarette Compliance Act of 2000 and tubes manufactured in the United consumption in the United States unless further amends sections 5754 and States and ‘‘labeled for exportation’’ are such articles are removed from their 5704(d) of the IRC whereby tobacco subject to the restrictions and penalties export packaging and repackaged by the products and cigarette papers and tubes applicable to this section. Thus, the new original manufacturer into new manufactured in the United States and language at section 5754 makes the law packaging that does not contain an previously exported may be imported or applicable to both exported articles and export label. Further, the provisions of brought into the United States, if such articles labeled for export, but not section 4002 take effect 90 days after articles are released from Customs exported. The Committee report that enactment of the Act and, therefore, are custody with the partial duty exemption accompanied the bill states: ‘‘The effective on February 7, 2001. See provided in section 5704(d), or are provision expands the application of the section 4002(d) of the ICCA 2000 for the returned to the original manufacturer of special tax penalty for re-importing effective date. such articles as provided in section tobacco products to include the sale in The consequence of this amendment 5704(c). Further, section 5704(d) of the the U.S. domestic market of tobacco is that whereas the Balanced Budget Act IRC was amended by deleting a products labeled for export (but not of 1997 had allowed previously reference to ‘‘a manufacturer of’’ and actually exported). Thus, this penalty exported articles that were imported inserting ‘‘the original manufacturer of’’ can be imposed in addition to the before January 1, 2000 to be legally sold tobacco products or cigarette papers and present-law penalties and other on the domestic market, the ICCA 2000 tubes. The term ‘‘proprietor of an export sanctions that apply to tobacco products makes the sale or holding for sale of warehouse’’ was also amended by that might be removed for export, but such articles illegal effective February 7, inserting the phrase ‘‘authorized by instead are diverted into the U.S. 2001, unless they are removed from such manufacturer to receive such domestic market.’’ S. Rep. No. 503, their export packaging and repackaged articles’’ after the term ‘‘proprietor of an 106th Cong., 2nd Sess. 89 (2000). by the original manufacturer into new export warehouse.’’ Therefore, the Amendments to the Regulations. This packaging that does not contain an amended language of the law in 5704(d) NPRM proposes to amend the export label. now refers to ‘‘proprietor of an export regulations at 27 CFR 275.82 to reflect The Committee report that warehouse authorized by such the above described change in the law. accompanied the bill, states: ‘‘The manufacturer to receive such articles.’’ The penalty provisions in 27 CFR provision also authorizes the Treasury Thus, with these amendments to 275.83(a), which implement verbatim Department to seize all export-labeled sections 5754 and 5704(d), previously section 5761(c), already applied to tobacco products found in the U.S. exported tobacco products and cigarette articles ‘‘labeled or shipped for domestic market regardless of the date papers and tubes of United States exportation.’’ Therefore, since articles of removal.’’ S. Rep. No. 503, 106th manufacture may be imported or labeled for exportation are already Cong., 2nd Sess. 89 (2000). brought into the United States by: (1) addressed in section 275.83, it is not Further, amended section 5754(a)(2) Release from Customs custody under necessary to amend it. also provides that the restrictions on 5704(d) to ‘‘the original manufacturer’’ export-labeled articles also apply to or to ‘‘the proprietor of an export Returned Articles in the U.S. Market articles that have been altered by a warehouse authorized by such Balanced Budget Act. Section 9302 of person other than the original manufacturer to receive such articles’’ the Balanced Budget Act of 1997 manufacturer. Thus, if a person places
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stickers over the export label, or selling, receiving, and relanding of for export back into the United States up otherwise attempts to conceal or remove tobacco products labeled or shipped for to the quantity allowed entry free of tax the export label on the packaging, the export. Neither section of law provided and duty under chapter 98 of the restrictions in 26 U.S.C. 5754 still apply an exemption for travelers entering the Harmonized Tariff Schedule of the to that article. United States with small quantities of United States. In addition, a traveler Amendments to the Regulations. This tobacco products for personal use. claiming such a personal use exemption NPRM proposes to amend the This application of the law was upon arrival at the border may regulations at 27 CFR 275.82 and challenged by several operators of duty voluntarily relinquish to the U.S. 296.166(b) and (c) to reflect these free stores and in a civil action, World Customs Service any excess of such changes in the law. Duty Free Americas, Inc. v. Treasury. quantity without incurring a penalty The court in World Duty Free issued a Disposition of Forfeited Tobacco under this section. Only the numerical temporary injunction enjoining the Products quantity allowable under the Treasury Department from enforcing Harmonized Tariff Schedule of the Balanced Budget Act. Section 9302 of Temporary Rules 27 CFR 275.11 and United States free of tax and duty may the Balanced Budget Act of 1997 275.83 to the extent that they prohibited be considered as a personal use amended the IRC by adding a new civil the importation of cigarettes purchased quantity. penalty at 26 U.S.C. 5761(c). The in U.S. duty free stores up to the limit In addition, section 315 of the penalty applies to persons, other than allowed by the personal use exemption Consolidated Appropriations Act, 2001 manufacturers or export warehouse provided by 19 U.S.C. 1555 and the made the above described allowance for proprietors, who sell, reland or receive Harmonized Tariff Schedule of the travelers retroactive to January 1, 2000, tobacco products or cigarette papers or United States, 19 U.S.C. 1202, when the original restrictions and tubes that have been labeled or shipped subheadings 9804.00.65, 9804.00.70 and penalties imposed by the Balanced for exportation under Chapter 52 of the 9804.00.72. Budget Act of 1997 took effect. IRC. In addition to the civil penalty, ICCA 2000 and Consolidated Amendments to the Regulations. In criminal penalties and forfeiture of the Appropriations Act, 2001. As discussed accordance with the above described product and any vessel, vehicle or earlier, on November 9, 2000 the amendments to the IRC, ATF proposes aircraft involved in relanding or President signed the Imported Cigarette to amend the regulations at 27 CFR removing such product could be Compliance Act of 2000. Section 4003 275.82 and 275.83 to provide that imposed. However, section 5761(c) did of the Imported Cigarette Compliance personal use quantities allowed under not specify how the Department of the Act of 2000 amended the IRC at section the law are exempt from the restrictions Treasury should dispose of forfeited 5761(c) by inserting the following and penalties applicable to reimported tobacco products. language: ‘‘This subsection and section tobacco products. The definition of Imported Cigarette Compliance Act of 5754 shall not apply to any person who ‘‘relanding’’ at 27 CFR 275.11 is 2000. Section 4002(c) of the Imported relands or receives tobacco products in amended to delete the second sentence Cigarette Compliance Act of 2000 the quantity allowed entry free of tax relating to the relinquishment of tobacco amends section 5761(c) of the IRC by and duty under subchapter IV of chapter products by travelers, which is now adding language which requires that all 98 of the Harmonized Tariff Schedule of delineated in the proposed revisions to relanded tobacco products and cigarette the United States. No quantity of 27 CFR 275.82 and 275.83. papers and tubes shall be forfeited to the tobacco products other than the quantity United States and destroyed. The referred to in the preceding sentence Miscellaneous Amendments Committee report that accompanied the may be relanded or received as a In addition to amendments described bill states, ‘‘The provision also provides personal use quantity.’’ above, ATF proposes to amend the Shortly thereafter, on December 21, that tobacco products that are forfeited authority cite that appears after 27 CFR 2000, the President also signed the to the Federal Government under 290.185, Label or Notice, to include a Consolidated Appropriations Act, 2001. present-law provisions must be reference to 26 U.S.C. 5704(b), which destroyed (rather than being disposed of Section 315 of the Consolidated Appropriations Act, 2001 further allows the Secretary to prescribe in any manner administratively appropriate marks, labels or notices. determined by the Treasury amended section 5761(c) in the IRC by Department).’’ S. Rep. No. 503, 106th substituting the following language: Amendments to the Tariff Act of 1930 ‘‘This subsection and section 5754 shall Cong., 2nd Sess. 89 (2000). The Imported Cigarette Compliance not apply to any person who relands or Amendments to the Regulations. This Act of 2000 also amends the Tariff Act receives tobacco products in the NPRM proposes to amend the of 1930 by imposing additional quantity allowed entry free of tax and regulations at 275.83(c) by providing requirements for the entry of cigarettes duty under chapter 98 of the that forfeited tobacco products and into the United States. Those provisions Harmonized Tariff Schedule of the cigarette papers and tubes will be of the new law will be implemented United States, and such person may destroyed. through regulations issued by the U.S. voluntarily relinquish to the Secretary at Customs Service. Travelers Entering the United States the time of entry any excess of such Balanced Budget Act. As discussed quantity without incurring the penalty Public Participation earlier, the Balanced Budget Act of 1997 under this subsection. No quantity of Who May Comment on This Notice? amended the IRC by adding two new tobacco products other than the quantity sections of law aimed at restricting the referred to in the preceding sentence ATF requests comments on this notice importation of previously exported may be relanded or received as a of proposed rulemaking from all tobacco products. 26 U.S.C. 5754 personal use quantity.’’ interested persons. All comments provided that only manufacturers of Under this revised language in the received on or before the closing date tobacco products and export law, travelers entering the United States, will be carefully considered. Comments warehouses may import previously if they claim and are granted a personal received after that date will be given the exported tobacco products. In addition, use exemption, are allowed to bring U.S. same consideration if it is practical to section 5761(c) provided penalties for manufactured tobacco products labeled do so, but assurance of consideration
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cannot be given except as to comments period. The Director reserves the right, Surety bonds, Tobacco products, U.S. received on or before the closing date. in light of all circumstances, to possessions, Warehouses. determine if a public hearing is Will ATF Keep My Comments 27 CFR Part 290 necessary. Confidential? Administrative practice and ATF will not recognize any material Regulatory Analyses and Notices procedure, Aircraft, Authority in comments as confidential. Comments Is This a Significant Regulatory Action delegations, Cigarette papers and tubes, may be disclosed to the public. Any as Defined by Executive Order 12866? Claims, Customs duties and inspection, material that a respondent considers to Excise taxes, Exports, Foreign trade be confidential or inappropriate for It has been determined that this zones, Labeling, Packaging and disclosure to the public should not be proposed regulation is not a significant containers, Penalties, Surety bonds, included in the comment. The name of regulatory action as defined by Tobacco products, Vessels, Warehouses. any person submitting a comment is not Executive Order 12866. Accordingly, 27 CFR Part 296 exempt from disclosure. this proposal is not subject to the analysis required by this Executive Authority delegations, Cigarette Can I Review Comments Received? Order. papers and tubes, Claims, Disaster Yes. You may view and copy written How Does the Regulatory Flexibility Act assistance, Excise taxes, Exports, comments on this notice during normal Apply to This Proposed Rule? Packaging and containers, Penalties, business hours in the ATF Public Surety bonds, Tobacco products. Reading Room, Room 6480, 650 These proposed regulations will not Authority and Issuance Massachusetts Avenue, NW, have a significant economic impact on Washington, DC 20226, telephone (202) a substantial number of small entities. Accordingly, we propose to amend 927–8480. Accordingly, a regulatory flexibility title 27, Code of Federal Regulations as analysis is not required. The revenue follows: How Do I Send Facsimile Comments? effects of this rulemaking on small Comments may be submitted by businesses flow directly from the PART 275—IMPORTATION OF facsimile transmission to (202) 927– underlying statute. Likewise, any TOBACCO PRODUCTS AND 8525. Facsimile comments must: secondary or incidental effects, and any CIGARETTE PAPERS AND TUBES • be legible; reporting, recordkeeping, or other Paragraph 1. The authority citation • be 81⁄2″ x 11″ in size; compliance burdens flow directly from • for part 275 continues to read as contain a legible written signature; the statute. Pursuant to 26 U.S.C. follows: • be not more than three pages. 7805(f), this proposed regulation will be We will not acknowledge receipt of submitted to the Chief Counsel for Authority: 18 U.S.C. 2342; 26 U.S.C. 5701, FAX transmissions. We will treat Advocacy of the Small Business 5703, 5704, 5705, 5708, 5712, 5713, 5721, facsimile transmissions as originals. 5722, 5723, 5741, 5754, 5761, 5762, 5763, Administration for comment on its 6301, 6302, 6313, 6404, 7101, 7212, 7342, impact on small business. How Do I Send Electronic Mail (e-mail) 7606, 7652, 7805; 31 U.S.C. 9301, 9303, 9304, Comments? Does the Paperwork Reduction Act 9306. You may submit comments by e-mail Apply to This Proposed Rule? § 275.11 [AMENDED] by sending the comments to This notice of proposed rulemaking Par. 2. In § 275.11, the definition for [email protected]. You must does not contain any new collections of ‘‘Relanding’’ is amended by removing follow these instructions. E-mail information nor does it revise existing the second sentence. comments must: collections of information to impose Par. 3. Section 275.82 is revised to • contain your name, mailing new burdens. Consequently, the read as follows: address, and e-mail address; provisions of the Paperwork Reduction • reference this notice number; § 275.82 Restrictions on Tobacco Act of 1995, 44 U.S.C. Chapter 35, and Products Labeled for Export. • be legible when printed on not its implementing regulations, 5 CFR part 1 ″ ″ more than three pages 8 ⁄21/2 x 11 in 1320, do not apply to this notice. (a) The provisions of this section size. apply to tobacco products and cigarette We will not acknowledge receipt of e- Drafting Information papers and tubes manufactured in the mail. We will treat e-mail as originals. The principal author of this document United States and labeled for is Mr. Daniel Hiland, Regulations exportation. How Do I Send Comments to the ATF (b) Articles described in paragraph (a) Internet Web Site? Division, Bureau of Alcohol, Tobacco and Firearms. However, other personnel of this section may be transferred to or Comments may be submitted of ATF and the Treasury Department removed from the premises of a electronically using ATF’s web site. You participated in developing the manufacturer or an export warehouse may comment on this proposed notice document. proprietor only if such articles are being by using the form provided through transferred or removed without tax as ATF’s web site. You can reach this List of Subjects provided in this part. (c) Articles described in paragraph (a) notice and comment form through the 27 CFR Part 275 address http://www.atf.treas.gov/core/ of this section that are put up in tobacco/rules/rules.htm. Administrative practice and packages may only be imported or procedure, Authority delegations, brought into the United States, after Can I Request a Public Hearing? Cigarette papers and tubes, Claims, their exportation, by release from If you desire the opportunity to Customs duties and inspection, Customs custody for delivery to the comment orally at a public hearing on Electronic fund transfer, Excise taxes, original manufacturer of such tobacco this proposed regulation, you must Imports, Labeling, Packaging and products or cigarette papers or tubes or submit a request in writing to the containers, Penalties, Reporting to the proprietor of an export warehouse Director within the 60-day comment requirements, Seizures and forfeitures, authorized by such manufacturer to
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receive such articles. These products are § 275.83 Penalties and forfeiture for PART 296—MISCELLANEOUS transferred in bond and are released products labeled or shipped for export. REGULATIONS RELATING TO from Customs custody without payment Except for the return of exported TOBACCO PRODUCTS AND of that part of the duty attributable to products that are specifically authorized CIGARETTE PAPERS AND TUBES internal revenue tax. under § 275.82: (d) Articles described in paragraph (a) (a) Every person who sells, relands, or Par. 7. The authority citation for part of this section that are not put up in receives within the jurisdiction of the 296 is revised to read as follows: packages may only be imported or United States any tobacco products or Authority: 18 U.S.C. 2341–2346, 26 U.S.C. brought into the United States by release cigarette papers or tubes which have 5704, 5708, 5751, 5754, 5761–5763, 6001, from Customs custody without payment been labeled or shipped for exportation; 6601, 6621, 6622, 7212, 7342, 7602, 7606, of tax for delivery to the original (b) Every person who sells or receives 7805; 44 U.S.C. 3504(h), 49 U.S.C. 782, manufacturer of such articles. such relanded tobacco products or unless otherwise noted. cigarette papers or tubes; and, (e) Articles described in paragraph (a) Par. 8. Section 296.166 is revised to (c) Every person who aids or abets in of this section may not be sold or held read as follows: for sale for domestic consumption in the such selling, relanding, or receiving, United States unless such articles are shall, in addition to the tax and any § 296.166 Dealing in tobacco products. removed from their export packaging other penalty provided for in title 26 (a) All tobacco products purchased, and repackaged by the original U.S.C., be liable for a penalty equal to received, possessed, offered for sale, manufacturer into new packaging that the greater of $1,000 or 5 times the does not contain an export label. The amount of the tax imposed by title 26 sold or otherwise disposed of, by any new packages, marks and notices must U.S.C. All tobacco products and dealer must be in proper packages conform to the requirements of 27 CFR cigarette papers and tubes relanded which bear the mark or notice as part 270. within the jurisdiction of the United prescribed in parts 270 and 275 of this States shall be forfeited to the United chapter. Tobacco products may be sold, (f) The provisions of this section shall States and destroyed. All vessels, or offered for sale, at retail from such apply to articles labeled for export even vehicles and aircraft used in such packages, provided the products remain if the packaging or the appearance of relanding or in removing such products, in the packages until removed by the such packaging to the consumer of such papers, and tubes from the place where articles has been modified or altered by customer or in the presence of the relanded, shall be forfeited to the United customer. Where a vending machine is a person other than the original States. manufacturer so as to remove or conceal used, tobacco products must similarly (d) The provisions of this section do or attempt to remove or conceal be vended in proper packages or not apply to any person who, when (including by placement of a sticker directly from such packages. entering U.S. manufactured tobacco over) any export label. products labeled for export, claims and (b) Tobacco products manufactured in (g) For purposes of this section, an is granted an exemption from duty and the United States and labeled for article is labeled for export or contains tax for such products under chapter 98 exportation may not be sold or held for an export label if it bears the mark, of the Harmonized Tariff Schedule of sale for domestic consumption in the label, or notice required by § 290.185. the United States. The quantity of United States unless such articles are (h) For purposes of this section, tobacco products entered may not removed from their export packaging references to exportation shall be treated exceed the quantity limit imposed on and repackaged by the original as including a reference to shipment to such products under the applicable manufacturer into new packaging that the Commonwealth of Puerto Rico. tariff provision. A traveler claiming an does not contain an export label. This (i) The provisions of this section do exemption under this subsection upon applies to articles labeled for export not apply to any person who, when arrival at the border may voluntarily even if the packaging or the appearance entering U.S. manufactured tobacco relinquish to the U.S. Customs Service of such packaging to the consumer of products labeled for export, claims and at the time of entry any excess of such such articles has been modified or is granted an exemption from duty and quantity without incurring the penalty altered by a person other than the tax for such products under chapter 98 under this section. original manufacturer so as to remove or of the Harmonized Tariff Schedule of (e) For purposes of this section, conceal or attempt to remove or conceal the United States. The quantity of references to exportation shall be treated (including by placement of a sticker tobacco products entered may not as including a reference to shipment to over) the export label. the Commonwealth of Puerto Rico. exceed the quantity limit imposed on (c) For penalty and forfeiture such products under the applicable PART 290—EXPORTATION OF provisions applicable to the selling, tariff provision. A traveler claiming an TOBACCO PRODUCTS AND relanding or receipt of articles which exemption under this subsection upon CIGARETTE PAPERS AND TUBES, have been labeled or shipped for arrival at the border may voluntarily WITHOUT PAYMENT OF TAX, OR WITH exportation, see § 275.83. relinquish to the U.S. Customs Service DRAWBACK OF TAX at the time of entry any excess of such Signed: March 1, 2001. quantity without incurring the penalty Par. 5. The authority citation for part Bradley A. Buckles, under section 275.83. 290 continues to read as follows: Director. (j) For civil penalties and forfeiture Authority: 26 U.S.C. 5142, 5143, 5146, Approved: March 15, 2001. provisions related to violations of this 5701, 5703–5705, 5711–5713, 5721–5723, Timothy E. Skud, section, see § 275.83. For a criminal 5731, 5741, 5751, 5754, 6061, 6065, 6151, Acting Deputy Assistant Secretary 6402, 6404, 6806, 7011, 7212, 7342, 7606, penalty applicable to any violation of (Regulatory, Tariff and Trade Enforcement). this section see 26 U.S.C. 5762(b). 7805; 31 U.S.C. 9301, 9303, 9304, 9306. [FR Doc. 01–7409 Filed 3–23–01; 8:45 am] Par. 4. Section 275.83 is revised to Par. 6. The parenthetical authority BILLING CODE 4810–31–P read as follows: citation after § 290.185 is removed.
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POSTAL SERVICE Matter at BPM rates. For one, as stated rulemaking by 39 U.S.C. 410(a), the above, the nature of the book publishing Postal Service invites comments on the 39 CFR Part 111 industry is changing, especially following proposed revisions to the concerning the publication of children’s DMM, incorporated by reference in the Eligibility Requirements for books. In many instances, there may be Code of Federal Regulations (See CFR Attachments and Enclosures With a closer relationship between the part 111). Bound Printed Matter qualifying Bound Printed Matter and the List of Subjects in 39 CFR Part 111 AGENCY: Postal Service. ineligible attachments and enclosures than some of the ‘‘merchandise ACTION: Proposed rule. Administrative practice and samples’’ that accompany Bound procedure, and Postal Service. SUMMARY: This notice proposes a change Printed Matter at BPM rates under to the standards in the Domestic Mail today’s standards and precedents. PART 111—[AMENDED] Manual governing permissible Further, the current standards are 1. The authority citation for 39 CFR attachments and enclosures with Bound subjective and difficult to administer part 111 continues to read as follows: Printed Matter. since they consider whether the DATES: Comments must be received on merchandise sample is an incidental Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, or before April 25, 2001. portion of the BPM and not provided 401, 403, 404, 3001–3011, 3201–3219, 3403– exclusively or primarily as a premium 3406, 3621, 3626, 5001. ADDRESSES: Written comments should or inducement for sale of the BPM. Both be mailed or delivered to Manager, Mail 2. Amend Domestic Mail Manual the Postal Service and the industry Preparation and Standards, USPS E712.1.2, as follows: representatives desire objective Headquarters, 1735 N Lynn Street, standards that can be understood and E Eligibility Arlington, VA 22209–6038. Copies of all consistently applied. written comments will be available for * * * * * Accordingly, the Postal Service inspection and photocopying between 9 proposes a change to the standards E712 Bound Printed Matter a.m. and 4 p.m., Monday through governing attachments and enclosures Friday, in the Library, USPS * * * * * eligible to be mailed with qualifying Headquarters, 475 L’Enfant Plaza, SW., Bound Printed Matter at BPM rates. The 1.0 BASIC STANDARDS Washington, DC 20260–1540. change would rescind the provision Comments may be submitted via FAX at * * * * * concerning merchandise samples. In its 703–292–4058, or Email at place, the Postal Service proposes the 1.2 Enclosures and Attachments ([email protected]). inclusion of nonprint attachments and [Amend 1.2 to add new standards for FOR FURTHER INFORMATION CONTACT: enclosures so long as such attachments attachments and enclosures:] Jerome M. Lease, 703–292–4184. and enclosures are incidental to the In addition to the basic standards in SUPPLEMENTARY INFORMATION: qualifying Bound Printed Matter E710, BPM may have the following Under current postal standards, the material and have minimal commercial attachments and enclosures: only attachments and enclosures value. In each case, objective standards authorized to be mailed with qualifying would be adopted for application of the a. Any printed matter mailable as Bound Printed Matter (BPM) at BPM tests. Standard Mail. rates are printed matter mailable as The proposed rule will allow for the b. Nonprint attachments and Standard Mail and merchandise inclusion of nonprint attachments and enclosures. The combined weight of all samples meeting prescribed conditions. enclosures so long as the combined nonprint attachments and enclosures in Recently, representatives of the Postal weight of all nonprint attachments and the mailpiece must be less than or equal Service and the Bound Printed Matter enclosures in the mailpiece is less than to 25% of the weight of the Bound mailing industry have met to discuss the or equal to 25% of the weight of the Printed Matter in the mailpiece. The changing nature of Bound Printed Bound Printed Matter in the mailpiece. individual cost of each nonprint Matter. These trends include children’s In addition, the individual cost of each attachment or enclosure must be less books that may be partially constructed nonprint attachment or enclosure must than or equal to the cost of a ‘‘low cost’’ of materials other than paper such as be less than or equal to the cost of a item as defined in E670.5.11. In plastic attachments, and books with ‘‘low cost’’ item as defined in DMM addition, the combined cost of all ‘‘nonprint’’ enclosures such as CDs. E670.5.11, and the combined cost of all nonprint attachments and enclosures Additionally, when printed matter is nonprint attachments and enclosures must not exceed two times the cost of sold and mailed to the purchaser, it is may not exceed two times the cost of a a ‘‘low cost’’ item as defined in customary to include a ‘‘premium’’ with low cost item as defined in DMM E670.5.11. the Bound Printed Matter. These E670.5.11. (Currently, the cost of a low * * * * * attachments and enclosures do not cost item is $7.60. This amount is An appropriate amendment to 39 CFR qualify for BPM rates under current determined by the Internal Revenue part 111.3 to reflect these changes will standards. Service and is adjusted annually for be published if the proposal is adopted. There is support among the industry inflation.) and the Postal Service for non-print Although exempt from the notice and Stanley F. Mires, attachments and enclosures, not comment requirements of the Chief Counsel, Legislative. meeting today’s standards, to be Administrative Procedure Act (5 U.S.C. [FR Doc. 01–7415 Filed 3–23–01; 8:45 am] included with qualifying Bound Printed 553(b), (c)) regarding proposed BILLING CODE 7710–12–P
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ENVIRONMENTAL PROTECTION the EPA Region 6 Office listed below. compressors, aerial lifts, sweepers, and AGENCY Copies of documents relevant to this large lawn tractors. The engines are action are available for public similar to automotive engines and can 40 CFR Part 52 inspection during normal business use similar automotive technology, such hours at the following locations. as closed-loop engine control and three- [TX–126–6–7483; FRL–6957–9] Anyone wanting to examine these way catalysts, to reduce emissions. Proposed Approval and Promulgation documents should make an Texas developed a non-road LSI of Implementation Plans; Texas; Non- appointment with the appropriate office engine strategy in the DFW area which Road Large Spark-Ignition Engines; at least two working days in advance. establishes emission requirements for Accelerated Purchase of Tier2/Tier3 Environmental Protection Agency, non-road, LSI engines 25 hp and larger Non Road Compression-Ignition Region 6, Air Planning Section (6PD–L), for model year 2004 and subsequent Equipment; Non-Road Construction 1445 Ross Avenue, Dallas, Texas 75202– model-year engines, and all equipment Equipment Restriction; and 2733. Texas Natural Resource and vehicles that use such engines, by Electrification of Airport Ground Conservation Commission, Office of Air requiring non-road LSI engines to meet Support Equipment for the Dallas/Ft. Quality, 12124 Park 35 Circle, Austin, emission limits equivalent to, and Worth (DFW) Ozone Nonattainment Texas 78753. certified in, a manner identical to 13 California Code of Regulations 9. Area FOR FURTHER INFORMATION CONTACT: Although emissions from non-road, Diana Hinds, Air Planning Section LSI engines have not yet been regulated AGENCY: Environmental Protection (6PD–L), EPA Region 6, 1445 Ross by EPA under section 209(e)(2) of the Agency (EPA). Avenue, Dallas, Texas 75202–2733, Act (EPA proposed rules on December ACTION: Proposed rule. telephone (214) 665–7561. 7, 2000 at 65 FR 76797), the California SUPPLEMENTARY INFORMATION: SUMMARY: The EPA proposes to approve Air Resources Board (CARB) has revisions to the Texas State Throughout this document ‘‘we,’’ adopted exhaust emission standards for Implementation Plan. This rule making ‘‘us,’’ and ‘‘our’’ refers to EPA. these engines. Section 209(e)(2)(A) of covers four separate actions. We are This document concerns control of air the Act authorizes EPA to approve proposing approval of: A rule requiring pollution of oxides of nitrogen for non- California regulation of non-road that non-road large spark-ignition road equipment sources in the DFW engines other than those used in engines of 25 horsepower (hp) or larger area and the control measures for locomotives, construction and farm in Ellis, Johnson, Kaufman, Parker, attainment demonstration purposes. For equipment. Section 209(e)(2)(B) of the Rockwall, Denton, Collin, Tarrant, and further information, please see the Act allows another state to adopt Dallas counties of the Dallas-Ft. Worth Technical Support Document (TSD) requirements for non-road engines if consolidated metropolitan statistical prepared for this action. such regulations are identical to area (DFW area) conform to What Action Are We Taking? California’s requirements. EPA has requirements identical to Title 13 of the promulgated regulations, codified at 40 On April 30, 2000, the Governor of California Code of Regulations, Chapter CFR 85.1606, setting forth the criteria Texas submitted to EPA these four rule 9; a rule requiring accelerated purchase for adoption of California regulations revisions (a requirement that non-road and operation of non-road compression- regarding non-road vehicles and non- large spark-ignition engines of 25 ignition fleet equipment within Collin, road engines. We are proposing that horsepower (hp) or larger conform to Denton, Tarrant, Dallas counties of the Texas has met the statutory and Title 13 of the California Code of DFW area; a rule requiring limitation in regulatory requirements for adoption of Regulations, Chapter 9; non-road the use of non-road construction the California LSI program. construction equipment operating equipment over 50 horsepower limitations; establishing accelerated What Are the Requirements of the April operating in Denton, Collin, Tarrant, purchase and operation of non-road 30, 2000, Texas SIP for Accelerated and Dallas counties (the DFW ozone compression-ignition fleet equipment in Purchase and Operation of Tier 2/Tier nonattainment area), to later in the day the DFW area; and conversion of airport 3 Non-Road Compression-Ignition Fleet to reduce production of oxides of ground support equipment from fossil Equipment? nitrogen ( NO ) during the time X fuel to electrical power) to the 30 TAC, The adopted rules will require those conducive to ozone formation; and a Chapter 114, ‘‘Control of Air Pollution in the DFW ozone nonattainment area rule requiring owners and operators of From Motor Vehicles,’’ as a revision to who own or operate non-road ground support equipment (GSE) at the SIP. equipment powered by compression- major airports in Denton, Collin, Tarrant These new rules will contribute to ignition engines 50 hp and up to meet and Dallas counties of the DFW area to attainment of the ozone standard in the the certain requirements regarding Tier reduce NO emissions attributable to X DFW area. The EPA is proposing to 2 and Tier 3 emission standards. For GSE or convert the GSE fleet to electric- approve these revisions to the Texas SIP more information on the Tier 2 and Tier powered ground support equipment. to regulate emissions of nitrogen 3 emission standards, see 40 CFR These new rules will contribute to dioxide in accordance with the 89.112, ‘‘Oxides of nitrogen, carbon attainment of the ozone standard in the requirements of the Federal Clean Air monoxide, hydrocarbon, and particulate DFW area. The EPA is approving these Act (the Act). matter exhaust emission standards.’’ revisions to the Texas SIP to regulate For more information on the SIP Specifically, the regulations we are emissions of nitrogen dioxide in revision, please refer to our TSD. proposing to approve contain the accordance with the requirements of the following requirements. For the portion Federal Clean Air Act (the Act). What Are the Requirements of the April of the fleet that is 50 hp up to 100 hp, DATES: Written comments must be 30, 2000, Texas SIP for Non-Road Large the owner or operator must ensure that received on or before April 25, 2001. Spark-Ignition (LSI) Engines? such equipment will consist of 100% ADDRESSES: Written comments should Non-road, LSI engines are primarily Tier 2 non-road equipment by the end be addressed to Mr. Thomas H. Diggs, used to power industrial equipment of the calendar year 2007. For the Chief, Air Planning Section (6PD–L), at such as forklifts, generators, pumps, portion of the fleet that is 100 hp up to
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750 hp, the owner or operator must achieves reductions of NOX that would compliance with the reductions ensure that such equipment consists of result in ozone benefits equivalent to requirement. The alternative to obtain a minimum of 50% Tier 3 non-road the underlying regulation. reductions from the GSE fleet itself does equipment and the remainder of Tier 2 not mandate a specific emissions level What Are the Requirements of the April non-road equipment by the end of the that the equipment must achieve but 30, 2000, Texas SIP for Conversion to calendar year 2007. Finally, for the instead provides the fleet operators Electric-Powered Ground-Support portion of the fleet that is greater than flexibility in how they obtain the Equipment? 750 hp, the owner or operator must reductions, including allowing ensure that such equipment consists of These rules require a reduction in restrictions on use and operation of the 100% Tier 2 engines by the end of NOX of up to 90% from the 1996 equipment. The fact that the State has calendar year 2007. The equipment that contributions attributable to airport GSE proposed to approve an agreement with does not meet these standards (or bring from the airports which have the most at least one airline to meet the targeted about equivalent emissions reductions) air carrier operations in Collin, Dallas, reductions demonstrates the feasibility after the given time frame cannot be Denton, and Tarrant Counties. The of achieving the reductions without used in the four-county area. The reductions are to be phased-in according total electrification of the GSE fleet. requirements in the Texas rule can be to the following schedule: 20% by For additional information concerning met by retrofit of currently owned or December 31, 2003, or December 31 of these rule revisions, please refer to our newly purchased engines if the retrofits the year the airport becomes subject to TSD. are certified by EPA to meet or exceed the requirements; 50% by December 31, What Areas in Texas Will This Action Tier 2 or Tier 3 standards. The State 2004, or by December 31 of the second Affect? rules will have the effect of accelerating year after the airport becomes subject; the turnover rate of compression- and 90% by December 31, 2005, or The rule revisions we are proposing to ignition engine, non-road equipment. December 31 of the third year after the approve affect the DFW area. We have The DFW attainment demonstration airport becomes subject to the classified four counties in the DFW area shows that emissions reductions at this requirements. The Texas regulations as a serious ozone nonattainment area: chosen rate of turnover are necessary for allow flexibility in meeting the emission Collin, Dallas, Denton, and Tarrant. In the area to reach attainment. The Texas reduction requirements, including addition, Ellis, Johnson, Kaufman, rule exempts non-road engines used in emission reduction measures applied to Parker, and Rockwall counties are locomotives, underground mining the GSE fleet or measures applied affected by the Non-Road Large Spark- equipment, marine application, aircraft, elsewhere in the nonattainment area so Ignition Engines rule. long as those measures satisfy State airport ground support equipment Proposed Action (GSE), equipment used solely for emission reduction crediting agricultural purposes, emergency regulations. Further, the regulations We are proposing approval of four equipment, and freezing weather allow a GSE owner or operator to submit rules: Non-Road Large Spark-Ignition equipment. Generally, the rules will documentation of 100% electrification Engines; Accelerated Purchase of Tier2/ affect diesel equipment 50 hp and larger of GSE vehicles for which electrification Tier 3 Non Road Compression-Ignition used in construction, general industrial, technology exists in lieu of developing Equipment; Non Road Construction lawn and garden, utility, and material the inventory, reduction targets, and Equipment Restriction; and handling applications. emission reduction plan. The adopted Electrification of Airport Ground It should be noted that the State rules rules are necessary for the DFW Support Equipment for the Dallas/Ft. afford an owner/operator an alternative nonattainment area to be able to Worth (DFW) Ozone Nonattainment means of complying with this demonstrate attainment with the ozone Area. NAAQS. regulation. An emissions reduction plan Administrative Requirements under this measure must be submitted Section 209(e) of the Act prohibits by May 31, 2002, and approved by the States and their political subdivisions Under Executive Order 12866 (58 FR Executive Director and EPA by May 31, from adopting or enforcing any standard 51735, October 4, 1993), this proposed 2003. or other requirement relating to the action is not a ‘‘significant regulatory control of emissions from non-road action’’ and therefore is not subject to What are the Requirements of the April engines or non-road equipment. review by the Office of Management and 30, 2000, Texas SIP for Restricting Non- However, a general requirement that Budget. This proposed action merely Road Construction Equipment fleet operators achieve a specified level approves state law as meeting federal Operating Limitations? of NOX reductions is not an emissions requirements and imposes no additional The purpose of this rule is to establish standard or other requirement under requirements beyond those imposed by a restriction on the use of construction section 209(e)(2) of the Act. The fact state law. Accordingly, the equipment (non-road, heavy-duty diesel that the level of required reductions is Administrator certifies that this equipment rated at 50 hp and greater) as quantified and is calculated based on proposed rule will not have a significant an air pollution control strategy until the level of emissions generated by the economic impact on a substantial after 10 o’clock a.m. As a result, GSE fleet in-use in a prior year does not number of small entities under the production of ozone precursors will be change the conclusion that assigning a Regulatory Flexibility Act (5 U.S.C. 601 stalled until later in the day when general emissions reductions obligation et seq.). Because this rule proposes to optimum ozone formation conditions no to a fleet operator does not amount to approve pre-existing requirements longer exist, ultimately reducing the an emissions standard on non-road under state law and does not impose peak level of ozone. The restrictions equipment. Similarly, the compliance any additional enforceable duty beyond apply from June 1 through October 31. alternatives available to a fleet operator that required by state law, it does not The Texas regulation allows operators to do not transform the general obligation contain any unfunded mandate or submit an alternate emissions reduction to achieve a certain quantity of significantly or uniquely affect small plan by May 31, 2002. The alternate reductions into an emissions standard governments, as described in the plan would allow operation during the on non-road equipment. The fleet Unfunded Mandates Reform Act of 1995 restricted hours, provided the plan operator has several alternatives to show (Public Law 104–4). For the same
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reason, this proposed rule also does not List of Subjects in 40 CFR Part 52 2001, beginning at 10:00 a.m. Requests significantly or uniquely affect the Environmental protection, Air to present oral testimony must be made communities of tribal governments, as pollution control, Hydrocarbons, by April 16, 2001. Persons interested in specified by Executive Order 13175 (65 Intergovernmental relations, Motor requesting a hearing, attending a FR 67249, November 9, 2000). This vehicle pollution, Nitrogen oxides, hearing, or presenting oral testimony at proposed rule will not have substantial Ozone, Reporting and recordkeeping. a hearing should call Mr. David Beck at direct effects on the States, on the (919) 541–5421. relationship between the national Authority: 42 U.S.C. 7401 et seq. ADDRESSES: By U.S. Postal Service, send government and the States, or on the Dated: March 13, 2001. distribution of power and comments (in duplicate, if possible) to: Gerald Fontenot, Air and Radiation Docket and responsibilities among the various Acting Regional Administrator, Region 6. levels of government, as specified in Information Center (6102), Attention [FR Doc. 01–7404 Filed 3–23–01; 8:45 am] Executive Order 13132 (64 FR 43255, Docket Number A–2000–42, U.S. EPA, August 10, 1999), because it merely BILLING CODE 6560–50–P 1200 Pennsylvania Avenue, NW., approves a state rule implementing a Washington, DC 20460. In person or by federal standard, and does not alter the courier, deliver comments (in duplicate, ENVIRONMENTAL PROTECTION if possible) to: Air and Radiation Docket relationship or the distribution of power AGENCY and responsibilities established in the and Information Center (6102), Attention Docket Number A–2000–42, Clean Air Act. This proposed rule also 40 CFR Part 63 is not subject to Executive Order 13045 U.S. EPA, 401 M Street, SW., (62 FR 19885, April 23, 1997), because [FRL–6768–5] Washington DC 20460. The EPA it is not economically significant. requests that a separate copy of each In reviewing SIP submissions, EPA’s Project XL Site-Specific Rulemaking public comment be sent to the contact role is to approve state choices, for Georgia-Pacific Corporation’s person listed below. Facility in Big Island, Virginia provided that they meet the criteria of Comments also may be submitted the Clean Air Act. In this context, in the AGENCY: Environmental Protection electronically by sending electronic absence of a prior existing requirement Agency. mail (e-mail) to: a-and-r- for the State to use voluntary consensus [email protected]. Electronic comments ACTION: Proposed rule. standards (VCS), EPA has no authority must be submitted as an ASCII file to disapprove a SIP submission for SUMMARY: avoiding the use of special characters failure to use VCS. It would thus be Under the Project XL program, the Environmental Protection and any form of encryption. Comments inconsistent with applicable law for also will be accepted on diskette in EPA, when it reviews a SIP submission, Agency (EPA) is supporting a project for the Georgia-Pacific Corporation facility WordPerfect or ASCII file format. All to use VCS in place of a SIP submission comments in electronic form must be that otherwise satisfies the provisions of located in Big Island, Virginia. The terms of the project are defined in the identified by the docket number (No. A– the Clean Air Act. Thus, the 2000–42). No confidential business requirements of section 12(d) of the ‘‘Georgia-Pacific Corporation Big Island, Virginia Project XL Final Project information should be submitted National Technology Transfer and through e-mail. Electronic comments Advancement Act of 1995 (15 U.S.C. Agreement.’’ To help implement this project, EPA is proposing amendments may be filed online at many Federal 272 note) do not apply. The proposed Depository Libraries. rule does not involve special to Standards for Hazardous Air consideration of environmental justice Pollutants From Chemical Recovery If a public hearing is held, it will take related issues as required by Executive Combustion Sources at Kraft, Soda, place at the EPA Office of Order 12898 (59 FR 7629, February 16, Sulfite, and Stand-Alone Semichemical Administration Auditorium, Research 1994). As required by section 3 of Pulp Mills, (promulgated in the Federal Triangle Park, North Carolina. Executive Order 12988 (61 FR 4729, Register on January 12, 2001 (66 FR 3179). The amendments are applicable FOR FURTHER INFORMATION CONTACT: Mr. February 7, 1996), in issuing this David Beck, Office of Environmental proposed rule, EPA has taken the only to the Georgia-Pacific Big Island facility. Policy Innovation, (MD–10), U.S. necessary steps to eliminate drafting Environmental Protection Agency, errors and ambiguity, minimize Because we do not anticipate Research Triangle Park, NC 27711, potential litigation, and provide a clear receiving adverse comments on this telephone number (919) 541–5427. legal standard for affected conduct. EPA rulemaking, the proposed amendments has complied with Executive Order also are being issued as a direct final SUPPLEMENTARY INFORMATION: For 12630 (53 FR 8859, March 15, 1988) by rule in the ‘‘Final Rules’’ section of additional information on the examining the takings implications of today’s Federal Register. If no amendments and supplementary the rule in accordance with the significant and timely comments are information related to the amendments, ‘‘Attorney General’s Supplemental received, no further action will be taken see the direct final rule published in the Guidelines for the Evaluation of Risk with respect to this proposal and the ‘‘Final Rules’’ section of today’s Federal and Avoidance of Unanticipated direct final rule will be become final on Register. Takings’ issued under the executive the date provided in that action. Dated: March 20, 2001. order. This rule does not impose an DATES: Written comments must be Christine Todd Whitman, information collection burden under the received by April 25, 2001. Anyone provisions of the Paperwork Reduction requesting a public hearing must contact Administrator. Act of 1995 (44 U.S.C. 3501 et seq.). the EPA no later than April 5, 2001. If [FR Doc. 01–7400 Filed 3–23–01; 8:45 am] * * * * * a hearing is held, it will be on April 23, BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION of these criteria until May 25, 2001. of New Jersey’s human health and AGENCY Comments postmarked after this date aquatic life criteria is available for may not be considered. public inspection at EPA Region 2, 40 CFR Part 131 ADDRESSES: An original and three copies Division of Environmental Planning and Protection, 290 Broadway, New York, [FRL–6934–8] of comments should be submitted to W– 00–23, WQCR Comment Clerk; Water New York 10007 during normal Withdrawal of Certain Federal Human Docket (MC–4101), 1200 Pennsylvania business hours of 8:00 a.m. to 4:30 p.m. Health and Aquatic Life Water Quality Ave NW, Washington, DC 20460. FOR FURTHER INFORMATION CONTACT: Criteria Applicable to Vermont, the Alternatively, comments may be Thomas J. Gardner at EPA Headquarters, District of Columbia, Kansas and New submitted electronically in ASCII or Office of Water (4305), 1200 Jersey Word Perfect 5.1, 5.2, 6.1, or 8.0 formats Pennsylvania Ave NW, Washington, to [email protected]. Hand delivered D.C., 20460 (tel: 202–260–7309, fax AGENCY: Environmental Protection comments should be submitted to W– 202–260–9830) or email Agency. 00–23, WQCR Comment Clerk, Water [email protected]. Alternatively, ACTION: Proposed rule and request for Docket, EB 57, 401 M St. SW, for questions regarding Vermont, comments. Washington DC 20460. contact Bill Beckwith in EPA’s Region 1 The administrative record for at 617–918–1544; for questions SUMMARY: In 1992, EPA promulgated consideration of Vermont’s human regarding the District of Columbia, Federal regulations establishing water health criteria is available for public contact Garrison Miller in EPA’s Region quality criteria for toxic pollutants for inspection at EPA Region 1, Office of 3 at 215–814–5745; for questions fourteen States and jurisdictions, Water, 1 Congress Street, Suite 1100, regarding Kansas, contact Ann Jacobs in including Vermont, the District of Boston MA 02114–1505 during normal EPA’s Region 7 at 913–551–7930; and Columbia, Kansas and New Jersey. business hours of 9:00 a.m. to 5:00 p.m. for questions regarding New Jersey, These States have now adopted, and The administrative record for contact Wayne Jackson in EPA’s Region EPA has approved, human health and consideration of the District of 2 at 212–637–3807. aquatic life water quality criteria for Columbia human health criteria is SUPPLEMENTARY INFORMATION: many of these pollutants. In this action, available at EPA Region 3, Water EPA is proposing to amend the Federal Protection Division, 1650 Arch St, Potentially Affected Entities regulations to withdraw certain human Philadelphia PA 19103–2029 during Citizens concerned with water quality health and aquatic life criteria normal business hours of 9:00 am to in Vermont, Kansas, the District of applicable to these States. EPA is 5:00 pm. The administrative record for Columbia and New Jersey may be providing an opportunity for public consideration of Kansas’ human health interested in this proposed rulemaking. comment on the proposed withdrawal and aquatic life criteria is available for Entities discharging toxic pollutants to of the Federal criteria applicable to public inspection at EPA Region 7, waters of the United States in these these States because the States’ adopted Water, Wetland and Pesticides Division, States could be affected by this criteria are less stringent than the 901 North 5th Street, Kansas City, proposed rulemaking since criteria are Federal criteria. Kansas 66101 during normal business used in determining NPDES permit DATES: EPA will accept public hours of 8:00 a.m. to 4:30 p.m. The limits. Potentially affected categories comments on its proposed withdrawal administrative record for consideration and entities include:
Category Examples of potentially affected entities
Industry ...... Industries discharging toxic pollutants to surface waters in Vermont, the District of Columbia, Kansas and New Jersey. Municipalities ...... Publicly-owned treatment works discharging toxic pollutants to surface waters in Vermont, the District of Columbia, Kansas and New Jer- sey.
This table is not intended to be Background criteria are no less stringent than the promulgated Federal criteria, EPA will exhaustive, but rather provides a guide In 1992, EPA promulgated a final rule for readers regarding entities likely to be (known as the ‘‘National Toxics Rule’’, withdraw its criteria without notice and potentially affected by this action. This or ‘‘NTR’’) to establish numeric water comment rulemaking because additional table lists the types of entities that EPA quality criteria for 12 States and two comment on the criteria is unnecessary is now aware could potentially be Territories (hereafter ‘‘States’’) that had (see 65 FR 19659). However, if a State affected by this action. Other types of not complied fully with section adopts criteria that are less stringent entities not listed in the table could also 303(c)(2)(B) of the Clean Water Act than the federally promulgated criteria, be affected. To determine whether your (‘‘CWA’’) (57 FR 60848). The criteria, but that in the Agency’s judgment fully facility is affected by this action, you codified at 40 CFR 131.36, became the meet the requirements of the Act, EPA should carefully examine the applicable water quality standards in will withdraw the federally applicability criteria in section 131.36 of those 14 jurisdictions for all purposes promulgated criteria after notice and title 40 of the Code of Federal and programs under the CWA effective opportunity for public comment. (see 57 Regulations. If you have any questions February 5, 1993. FR 60860) regarding the applicability of this action When a State adopts and EPA In today’s action, EPA is proposing to to a particular entity, consult the approves water quality criteria that meet amend the Federal regulations to appropriate person(s) listed in the the requirements of the CWA, EPA will withdraw certain human health and preceding FOR FURTHER INFORMATION issue a rule amending the NTR to aquatic life criteria applicable to these CONTACT section. withdraw its criteria. If the State’s States, and providing an opportunity for
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public comment. In addition, this action Region 3 requested that the Agency stringent than the corresponding criteria proposes certain non substantive withdraw the Federal human health— in the NTR, but that nonetheless meet revisions to the regulatory language at water and organism criteria and human the requirements of the CWA and EPA’s 40 CFR 131.36 to make it more user- health—organism only criteria implementing regulation at 40 CFR friendly and to reflect format changes in applicable to the District (see columns 131.11. In reviewing Kansas’s water quality standards that have D1 and D2, respectively, of the Table at submission, EPA Region 7 concluded occurred in the corresponding state 40 CFR 131.36) now that the District no that the State’s calculation of an arsenic regulations cited at 40 CFR 131.36. longer has any waters designated as human health criteria for the public water supply. consumption of fish (organisms only) of Vermont In an earlier action, EPA withdrew the 20.5 ug/L was scientifically defensible; On July 12, 1994, Vermont adopted District of Columbia from the NTR for that the State’s calculation of a revisions to its surface water quality human health—organism only criteria cadmium freshwater aquatic life criteria standards (Appendix C, Vermont Water where the District adopted criteria that (Criteria Maximum Concentration) of Quality Standards, effective August 1, are no less stringent than the Federal 4.5 ug/l was scientifically defensible; 1994). EPA Region 1 approved the criteria (see 65 FR 19659, April 12, that the State’s calculation of a State’s adoption of criteria for all toxics 2000). Today’s action addresses the cadmium freshwater aquatic life criteria contained in the NTR on December 5, District’s removal of the public water (Criteria Continuous Concentration) of 1996, because they are consistent with supply use designation and the human 2.5 ug/L was scientifically defensible, the CWA and EPA’s implementing health criteria for water and organisms. and that these criteria meet the regulations at 40 CFR Part 131.11. EPA The District no longer has any requirements of the CWA and EPA’s Region 1 requested that the Agency waterbodies designated for public water implementing regulations at 40 CFR withdraw the Federal criteria applicable supply and therefore no longer has need 131.11. In today’s action, EPA is to Vermont for which the State now has for human health criteria for water and soliciting comment on removing the numeric criteria. organisms. EPA solicits comment on Federal human health—organisms only In an earlier action, EPA withdrew removing the District from the NTR for criteria for arsenic (see column D2 of the Vermont from the NTR for certain human health water and organism table at 40 CFR 131.36 for the currently human health and aquatic life criteria criteria (See column D2 of the Table at applicable Federal criteria) and acute where the State adopted criteria that are 40 CFR 131.36 for the currently and chronic cadmium criteria (see no less stringent than the Federal applicable Federal criteria). columns B1 and B2, respectively, of the criteria (see 65 FR 19659, April 12, Kansas table at 40 CFR 131.36 for the currently 2000). Today’s action addresses an applicable Federal criteria) for Kansas. arsenic criterion Vermont adopted that On June 28, 1994, Kansas adopted is less stringent than the corresponding revisions to its water quality standards New Jersey Federal criteria in the NTR, but that (K.A.R. 28–16–28) regarding both On August 4, 1994, New Jersey nonetheless meets the requirements of human health and aquatic life criteria, submitted to EPA Region 2 adopted the CWA and EPA’s implementing and submitted them to EPA Region 7 for revisions to its surface water quality regulations at 40 CFR 131.11. In review and approval on October 31, standards (New Jersey Administrative reviewing Vermont’s submission, EPA 1994. On February 19, 1998, EPA Code 7:9B), including aquatic life and Region 1 concluded that the State’s Region 7 approved certain new or human health criteria. New Jersey calculation of the arsenic human health revised water quality criteria for the adopted aquatic life and human health criterion for the consumption of fish protection of human health and aquatic criteria for some of the toxic pollutants (organisms only) of 1.5 ug/L was life because they are consistent with the contained in the NTR and reorganized scientifically defensible. EPA solicits CWA and EPA’s implementing certain designated use classifications comment on removing the Federal regulations at 40 CFR 131.11, and and requirements pertaining to the organism only human health criterion requested that the Agency withdraw the Deleware River and Bay. EPA Region 2 for arsenic applicable to Vermont (see Federal criteria applicable to Kansas for approved the State’s criteria (with the column D2 of the table at 40 CFR 131.36 which the State now has numeric exception of the State’s PCB human for the currently applicable Federal criteria. Also, on June 29, 1999, Kansas health criteria) on March 17, 2000, criterion). adopted new and revised ambient water because New Jersey’s numeric criteria quality criteria for additional pollutants. for the protection of aquatic life and District of Columbia They were submitted to EPA for review human health were consistent with the On March 4, 1994, the District of and approval on August 10, 1999. On CWA and EPA’s implementing Columbia adopted revisions to its January 19, 2000, EPA Region 7 regulations at 40 CFR 131.11. EPA surface water quality standards approved these additional criteria Region 2 requested that the Agency [amended Chapter 11 of Title 21 DCMR because they are also consistent with withdraw the Federal criteria applicable pursuant to the authority set forth in the CWA and EPA’s implementing to New Jersey for which the State now Section 5 of the Water Pollution Control regulations at 40 CFR 131.11, and has numeric criteria. Act of 1984, D.C. Law 5–188, effective requested that the Agency withdraw the For many pollutants, New Jersey March 16,1985, D.C. Code Section 6– Federal criteria applicable to Kansas for adopted water quality criteria as 924(1988) and Mayor’s Order 85–152, which the State now has numeric stringent as the Federal criteria. In a September 12,1985], adopting human criteria. separate upcoming final action, EPA health criteria to protect from effects In an earlier action, EPA withdrew will withdraw without public comment related to fish consumption and Kansas from the NTR for certain human those criteria that are no less stringent removing the public water supply use health and aquatic life criteria where the than the Federal criteria. Today’s action designation. EPA Region 3 approved State adopted criteria that are no less addresses the criteria New Jersey these revisions on November 4, 1996, stringent than the Federal criteria. (See adopted for aquatic life and human because they are consistent with the 65 FR 19659, April 12, 2000) Today’s health that are less stringent than the CWA and EPA’s implementing action addresses arsenic and cadmium promulgated Federal criteria, but that regulations at 40 CFR Part 131.11. EPA criteria Kansas adopted that are less nonetheless meet the requirements of
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the CWA and EPA’s implementing Jersey adopted the following less regulations at 40 CFR Part 131.11. New stringent criteria (ug/L):
ABC D Freshwater Saltwater Human health
(#) Compound CAS CMC CCC CMC CCC Water & Organisms number µ µ µ µ organisms only ( g/L) ( g/L) ( g/L) ( g/L) (µg/L) (µg/L)
B1 B2 C1 C2 D1 D2
7 Lead ...... 7439921 ...... b, c 16.0 ...... 14 Cyanide ...... 57125 ...... a 768 ...... 21 Carbon Tetrachloride ...... 56235 ...... a 0.363 a 6.31 27 Dichlorobromomethane ...... 75274 ...... b 0.559 b 55.7 30 1,1-Dichloroethylene ...... 75354 ...... a 4.81 33 Ethylbenzene ...... 100414 ...... b 3120 39 Toluene ...... 108883 ...... a 7440 b 201,000 42 1,1,2-Trichloroethane ...... 79005 ...... a 13.5 49 2,4-Dinitrophenol ...... 51285 ...... b 14,300 54 Phenol ...... 108952 ...... b 4,620,000 67 Bis2(Chloroisopropyl) Ether ...... 39638–32–9 ...... b 17,400 75 1,2-Dichorobenzene ...... 95501 ...... b 17,400 76 1,3-Dichorobenzene ...... 541731 ...... a 2620 b 22,200 77 1,4-Dichorobenzene ...... 106467 ...... 419 a 3870 80 Dimethyl-Phthalate ...... 131113 ...... b 2,990,000 81 Di-n-Butyl Phthalate ...... 84742 ...... a 3530 a 15,700 82 2,4-Dinitrotoluene ...... 121142 ...... a 69.2 b 5670 86 Fluoranthene ...... 206440 ...... a 310 a 393 87 Fluorene ...... 86737 ...... a 1340 89 Hexachlorobutadiene ...... 87683 ...... a 6.94 90 Hexachlorocyclopentadiene ...... 77474 ...... b 17,400 91 Hexachloroethane ...... 67721 ...... a 2.73 a 12.4 93 Isophorone ...... 78591 ...... a 552 b 2590 102 Aldrin ...... 309002 ...... a 0.00189 b 0.0226 109 4,4′-DDE ...... 72559 ...... b 0.0054 b 0.00585 110 4,4′-DDD ...... 72548 ...... b 0.00432 b 0.00436 112 alpha-Endosulfan ...... 959988 ...... b 111 b 239 113 beta-Endosulfan ...... 33213659 ...... b 111 b 239 a Number applies statewide. More restrictive criteria may apply in portions of the Delaware River and its tributaries. b Number applies only in certain portions of the Delaware River. c The freshwater criterion for this metal is expressed as a function of hardness in the water column. The value given here corresponds to a hardness of 100 mg/l.
In reviewing New Jersey’s submission, consistent with this change. These private sector, nor does it contain in EPA Region 2 concluded that the State’s proposed changes do not result in any regulatory requirements that might adopted criteria are scientifically substantive changes to the Federal significantly or uniquely affect small defensible. EPA solicits comment on criteria applicable to New Jersey. These governments. Thus, today’s action is not removing the Federal criteria for these proposed revisions clarify the existing subject to the requirements of sections pollutants in New Jersey (see the Federal regulations. 202, 203 and 205 of the Unfunded currently applicable Federal criteria for Mandates Reform Act (Pub. L. 104–4). Administrative Requirements the individual pollutants in the table at Further, this rule does not significantly 40 CFR 131.36). This proposed withdrawal of Federal or uniquely affect the communities of In 1994, NJ reorganized certain use criteria is deregulatory in nature and tribal governments, as specified by classification requirements pertaining to would impose no additional regulatory Executive Order 13084 (63 FR 27655, the Delaware River and Bay, including requirements or costs on anyone. May 10, 1998). This rule will not have a definition of the appropriate points of Therefore, it has been determined that substantial direct effects on the States, application for criteria in these waters. this proposed action is not a ‘‘significant on the relationship between the national EPA is here proposing corresponding regulatory action’’ under the terms of government and the States, or on the revisions to 40 CFR 131.36 (d)(3) to be Executive Order 12866 (58 FR 51735, distribution of power and consistent with the State regulations October 4, 1993) and is therefore not responsibilities among the various that the Federal regulations are intended subject to review by the Office of levels of government, as specified in to augment. In addition, on November 9, Management and Budget. For the same Executive Order 13132 (64 FR 43255, 1999, EPA amended the NTR criteria for reason, pursuant to section 605(b) of the August 10, 1999). This rule also is not PCBs-human health (columns D1 and Regulatory Flexibility Act (5 U.S.C. 601 subject to Executive Order 13045 (62 FR D2 of the table at 40 CFR 131.36) to et seq.), I certify that this action will not 19885, April 23, 1997), because it is not provide for a total criteria for this have a significant economic impact on economically significant. pollutant, in lieu of criteria for a substantial number of small entities. This action does not involve technical individual isomers (see 64 FR 61181). EPA has determined that this action standards; thus, the requirements of EPA is here proposing corresponding contains no Federal mandates for State, section 12(d) of the National revisions to 40 CFR 131.36 (d)(3) to be local or tribal governments, or the Technology Transfer and Advancement
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Act of 1995 (15 U.S.C. 272 note) do not the Code of Federal Regulations is d. Revising the table in paragraph apply. This rule does not impose an proposed to be amended as follows: (d)(9)(ii). information collection burden under the The revisions read as follows: provisions of the Paperwork Reduction PART 131—WATER QUALITY Act of 1995 (44 U.S.C. 3501 et seq.). STANDARDS § 131.36 Toxics criteria for those states not complying with Clean Water Act section List of Subjects in 40 CFR Part 131 1. The authority citation for part 131 303(c)(2)(B). Environmental protection, Indians- continues to read as follows: * * * * * lands, Intergovernmental relations, Authority: 33 U.S.C. 1251 et seq. Reporting and recordkeeping (d) * * * 2. Section 131.36 is amended by: requirements, Water pollution control. (2) * * * a. Revising the table in paragraph Dated: March 20, 2001. (d)(2)(ii). (ii) * * * Christine Todd Whitman, b. Revising the table in paragraph Administrator. (d)(3)(ii). For the reasons set out in the c. Revising the table in paragraph preamble title 40, Chapter I, part 131 of (d)(5)(ii).
Use classification Applicable criteria
Class A, B and C Waters ...... These classifications are assigned the criteria in: Column B2–#105
* * * * * (ii) * * * (3) * * *
Use classification Applicable criteria
Freshwater Pinelands, FW2 ...... These classifications are each assigned the criteria in: Column B1—all except #102, 105, 107, 108, 111, 112, 113, 115, 117 and 118. Column B2—all except #105, 107, 108, 111, 112, 113, 115, 117, 118, 119, 120, 121, 122, 123, 124, and 125a. Column D1—all at a 10¥6 risk level except #14, 21, 23, 30, 37, 38, 39, 42, 68, 76, 81, 86, 87, 89, 91, 93, 104, and 105. Column D1—#23, 30, 37, 38, 42, 68, 89, 91, 93, 104, 105 at a 10¥5 risk level. Column D2—all at a 10¥6 risk level except #23, 30, 37, 38, 42, 68, 89, 91, 93, 104, 105. Column D2—#23, 30, 37, 38, 42, 68, 89, 91, 93, 104, 105 at a 10¥5 risk level.
PL (Saline Water Pinelands), SE1, SE2, SE3, SC, Delaware Bay Zone These classifications are each assigned the criteria in: 6. Column C1— all except #102, 105, 107, 108, 111, 112, 113, 115, 117 and 118. Column C2—all except 105, 107, 108, 111, 112, 113, 115, 117, 118, 119, 120, 121, 122, 123, 124, and 125a. Column D2—all at a 10¥6 risk level except #14, 21, 23, 30, 37, 38, 42, 68, 76, 77, 81, 86, 89, 91, 93, 104, 105. Column D2—#23, 30, 37, 38, 42, 68, 89, 91, 93, 104 and 105 at 10¥5 risk level.
Delaware River zones 1C, 1D, 1E, 2, 3, 4, and 5 ...... Column B1—all. Column B2—all except #7. Column D1—all at a 10¥6 risk level except #14, 23, 27, 30, 33, 37, 38, 42, 68, 76, 77, 81, 82, 89, 91, 93, 102, 104, 105, 109, 110, 112, 113. Column D1—#23, 30, 37, 38, 42, 68, 89, 91, 93, 104, 105 at a 10¥5 risk level. Column D2—all at a 10¥6 risk level except #23, 27, 30, 37, 38, 39, 42, 49, 54, 67, 68, 75, 76, 77, 80, 81, 82, 86, 89, 90, 91, 93, 102, 104, 105, 109, 110, 112, 113. Column D2—#23, 30, 37, 38, 42, 68, 89, 91, 93, 104, 105 at a 10¥5 risk level. Delaware River Zones 3, 4, and 5 ...... These classifications are each assigned the criteria in: Column C1—all. Column C2—all.
* * * * * (5) ** * (ii) ** *
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Use classification Applicable criteria
Class C ...... This classification is assigned the additional criteria in: Column B2: #10, 118, 126.
* * * * *
(9) * * * (ii) * * *
Use classification Applicable criteria
Sections (2)(A), (2)(B), (2)(C), (4) ...... These classifications are each assigned criteria as follows: Column B1, #2. Column D2, #12, 21, 29, 39, 46, 68, 79, 81, 86, 93, 104, 114, 118.
Section (3) ...... This classification is assigned all criteria in: Column D1, all except #1, 9, 12, 14, 15, 17, 22, 33, 36, 39, 44, 75, 77, 79, 90, 112, 113, and 115.
* * * * * [FR Doc. 01–7403 Filed 3–23–01; 8:45 am] BILLING CODE 6560–50–U
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Notices Federal Register Vol. 66, No. 58
Monday, March 26, 2001
This section of the FEDERAL REGISTER number and the date and page number funds; making refunds when refunds are contains documents other than rules or of this issue of the Federal Register. A a provision of the Order; contracting proposed rules that are applicable to the copy of this notice may be found at: with an organization for the public. Notices of hearings and investigations, www.ams.usda.gov/cotton/ development and implementation of committee meetings, agency decisions and rulemaking.htm. programs of research and promotion; rulings, delegations of authority, filing of petitions and applications and agency FOR FURTHER INFORMATION CONTACT: reviewing and making statements of organization and functions are Whitney Rick, Chief, Research and recommendations to the Secretary of examples of documents appearing in this Promotion Staff, Cotton Program, AMS, Agriculture on proposed programs and section. USDA, Stop 0224, 1400 Independence budgets; and making funds available for Avenue, SW., Washington, DC 20250– such programs when approved. The 0224, telephone (202) 720–2259, objective of the Cotton Research and DEPARTMENT OF AGRICULTURE facsimile (202) 690–1718 or email at Promotion Program is to strengthen [email protected]. cotton’s competitive position and to Agricultural Marketing Service maintain and expand domestic and SUPPLEMENTARY INFORMATION: The foreign markets and uses for cotton. The [CN–01–002] Cotton Research and Promotion Act of Cotton Board is prohibited from 1966 (7 U.S.C. 2101 et seq.) authorized Cotton Research and Promotion participating in any matters influencing a national Cotton Research and Program: Request for Comments To governmental policies or action except Promotion Program which is industry Be Used in a Review of 1990 recommendations for amendments to operated and funded, with oversight by the Order. Amendments to the Cotton Research USDA. The program’s objective is to Amendments to the Act were enacted and Promotion Act enable cotton growers and importers to under subtitle G of title XIX of the Food, establish, finance, and carry out a AGENCY: Agricultural Marketing Service, Agriculture, Conservation, and Trade USDA. coordinated program of research and promotion to improve the competitive Act of 1990 (Pub. L. 101–624, 104 Stat. ACTION: Notice. position of, and to expand markets for 3909, November 28, 1990). These amendments provided for: (1) Importer SUMMARY: The Agricultural Marketing cotton. The program became effective on representation on the Cotton Board; (2) Service (AMS) is announcing its the assessment of imported cotton and intention to conduct a review to December 31, 1966, when the Cotton Research and Promotion Order (7 CFR cotton products; (3) increasing the ascertain whether a referendum is amount the Secretary of Agriculture can needed to determine whether producers part 1205) was issued. Assessments began with the 1967 cotton crop. The be reimbursed for conduct of a and importers favor continuation of referendum from $200,000 to $300,000; amendments to the Cotton Research and Order was amended and a supplemental assessment initiated, not to exceed one (4) reimbursing government agencies Promotion Order as provided for by the who assist in administering the Cotton Research and Promotion Act percent of the value of each bale, effective January 26, 1977. collection of assessments on imported Amendments of 1990. This notice cotton and cotton products; and (5) invites all interested parties to submit The program is currently financed through assessments levied on domestic terminating the right of a producer to written comments to the Department of demand a refund of assessments. The Agriculture (USDA). USDA will and imported cotton and cotton- containing products. Assessments under Act Amendments of 1990 were consider these comments in this program are used to fund approved by a majority (60 percent) of determining whether a referendum is promotional campaigns and to conduct importers and producers of cotton warranted. USDA should announce research in the areas of U.S. marketing, voting in a referendum conducted July review results sometime during the international marketing, cotton 17–26, 1991, as required by the Act. latter part of September 2001. production and processing, and textile Results of this referendum were DATES: Comments must be received by research and implementation. announced in a nationally distributed June 25, 2001. The program is administered by the press release dated August 2, 1991. ADDRESSES: Interested persons are Cotton Board, which has thirty The Cotton Research and Promotion invited to submit written comments members, thirty alternate members and Act Amendment of 1990, Section 8(c) concerning this notice to Whitney Rick, one consumer advisor. The Cotton provides that once every five years after Chief, Research and Promotion Staff, Board is composed of representatives of the July 1991 referendum, the Secretary Cotton Program, Agricultural Marketing cotton producers and cotton importers, of Agriculture is to conduct a review to Service, USDA, Stop 0224, 1400 each of whom has an alternate selected ascertain whether a referendum is Independence Avenue, SW., Room by the Secretary of Agriculture from needed. In such a referendum, 2641–S South Building, Washington, DC nominations submitted by eligible producers and importers would 20250–0224. Comments should be producer and importer organizations. determine whether they favor submitted in triplicate and will be made All members and their alternates serve continuation of the amendments to the available for public inspection at the terms of three years. The Cotton Board’s Order provided for in the Cotton above address during regular business responsibility is to administer the Research and Promotion Act hours. Comments may also be submitted provisions of the Cotton Research and Amendments of 1990. These electronically to: Promotion Order issued pursuant to the amendments to the Order were [email protected]. All Act. These responsibilities include promulgated in final rules published in comments should reference the docket collecting, holding and safeguarding the Federal Register on December 10,
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1991 (56 FR 64470), corrected at (56 FR Authority: 7 U.S.C. 2101–2118. the national level on the operations of 66670). Dated: March 19, 2001. the CACFP administrative cost The results of the first review report Kenneth C. Clayton, reimbursement system. The last national study of those costs collected data in of the Cotton Research and Promotion Acting Administrator, Agricultural Marketing Program were issued on October 8, Program. 1980. To evaluate how sponsoring 1996. USDA announced its view (61 FR [FR Doc. 01–7395 Filed 3–23–01; 8:45 am] 52772) not to conduct a referendum organizations are being reimbursed for BILLING CODE 3410–02–P regarding the 1991 amendments to the administering family day care homes, Order. In accordance with Section information must be obtained from the 8(c)(2) of the Act, USDA provided an DEPARTMENT OF AGRICULTURE State agencies that administer the opportunity for all eligible persons to CACFP. Existing information to be request a continuance referendum on Economic Research Service collected from the State agencies includes: the 1991 amendments by making such • a request during a sign-up period. Notice of Intent To Seek Approval to FY2001 administrative budget and During the period of January 15 through Collect Information supporting documentation for each sponsoring organization April 14, 1997, the Department AGENCY: Economic Research Service, • conducted a sign-up period for all FY2000 administrative costs USDA. reimbursement; food reimbursement; eligible persons to request a ACTION: Notice and request for actual administrative costs, if available; continuance referendum on the 1990 comments. and final budget amount for each Act amendments. The results of the sponsoring organization sign-up period did not meet the criteria SUMMARY: In accordance with the • Sponsor Characteristics, including established for a continuance Paperwork Reduction Act of 1995 (Pub. type of organization (public vs. private referendum by the Cotton Research and L. 104–13) and Office of Management and multi vs. sole purpose), geographic Promotion Act and therefore, a and Budget (OMB) regulations at 5 CFR area of operations, length of time in the referendum was not conducted. part 1320 (60 FR 44978, August 29, Program, and numbers of sponsored In 2001, in accordance with the 1995), this notice announces the homes by tier for selected months in provisions of the Act, the Secretary of Economic Research Service’s (ERS) FY2000 and FY2001. Agriculture will conduct a review of the intention to request approval for a new USDA’s Food and Nutrition Service Cotton Research and Promotion Program information collection from Child and (FNS) conducted management Act amendments to ascertain whether a Adult Care Food Program (CACFP) State improvement training during FY2000 referendum is needed to determine agencies. The study will collect existing that impacted the format, consistency, whether producers and importers data from the State agencies related to and detail in the budgets submitted by support continuation of the administrative cost reimbursement of the sponsoring organizations to their amendments to the Order, as provided sponsoring organizations that State agencies. For this reason, FY2001 for by the 1990 Act amendments. The administer the family day care homes budgets contain more detail on cost Secretary of Agriculture should make a (FDCH) portion of the Program. categories, such as wages, benefits, public announcement of the results of DATES: Comments on this notice must be office rent, and supplies, than earlier the review on September 24, 2001 (60 received by May 25, 2001 to be assured years’ budgets. However, in order to days after each fifth anniversary date of of consideration. provide information on the the referendum). If the Secretary of ADDRESSES: Address all comments relationships among reimbursements, Agriculture determines that a concerning this Notice to Linda Ghelfi, budgets, costs, and sponsor referendum is needed, the Secretary of Food Assistance and Rural Economy characteristics in a timely and useful Agriculture should conduct the Branch, Food and Rural Economics manner, end-of-year totals and sponsor referendum by September 24, 2002 Division, Economic Research Service, characteristics are required from (within 12 months after a public U.S. Department of Agriculture, 1800 M FY2000. announcement of the determination to Street, NW., Washington, DC 20036– The data will be collected on a one- conduct the referendum). 5831, 202–694–5437. Submit electronic time basis in 2001, to provide USDA If the Secretary determines that a comments to [email protected]. and Congress with information to referendum is not warranted, a sign-up SUPPLEMENTARY INFORMATION: inform policy and program decisions period to request such a referendum Title: CACFP Administrative Cost sufficiently in advance of will be made available to cotton Reimbursement Study. reauthorization. producers and importers. A referendum OMB Number: Not yet assigned. The FY2001 budgets are expected to will be held if requested by 10 percent Expiration Date: N/A. be readily available for clerical staff to or more of those voting in the most Type of Request: Approval for the photocopy. The FY2001 budgets are one recent referendum as long as not more collection of existing data from CACFP to two pages and the budget justification than 20 percent are from any one State State agencies pertaining to the is expected to average approximately 10 or importers of cotton. This sign-up sponsoring organizations that pages. This justification explains what period would begin approximately administer the Program to family day costs the sponsor has reported in each November 25, 2001 and would be care homes (FDCH). budget category and will allow an announced in the Federal Register. If Abstract: USDA needs to obtain analysis of budgets by types of the requisite number of people request budgetary and cost information on expenses. State requests for budget a referendum, it will be held not later FDCH sponsoring organizations in order changes or clarifications will most often than February 2003. A ninety-day to assess the CACFP administrative cost be a few pages of correspondence comment period is provided for reimbursement system. Such knowledge between the State and the sponsor. interested persons to provide comments will help the USDA determine whether Collection of the correspondence that to used by USDA in its review. All future changes in that reimbursement was required for the State to approve the interested persons are invited to submit system are warranted. Currently, very sponsor’s budget at time of initial written comments. little administrative data are collected at submission will also help clarify how
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costs are classified by budget category. Dated: March 16, 2001. DEPARTMENT OF COMMERCE The FY2000 totals are expected to be Susan E. Offutt, readily available in computer files from Administrator, Economic Research Service. Bureau of Export Administration which they can be extracted and sent in [FR Doc. 01–7396 Filed 3–23–01; 8:45 am] Action Affecting Export Privileges; by e-mail or by mail on either computer- BILLING CODE 3410–18–P Optical Associates, Inc. readable diskette or a few pages of computer printout. Sponsor In the Matter of: Optical Associates, Inc., characteristics are expected to be known DEPARTMENT OF AGRICULTURE 1425 McCandless Drive, Milpitas, by State agency staff or easily extracted California 95035, Respondent from files and will be reportable on a Grain Inspection, Packers and Order Stockyards Administration form provided to each State office that The Office of Export Enforcement, may be completed electronically or by Proposed Posting of Stockyards Bureau of Export Administration, hand. Burden is minimized by United States Department of Commerce collecting sponsoring organization The Grain Inspection, Packers and (BXA), having notified Optical information from the State agencies Associates, Inc. (OAI) of its intention to Stockyards Administration, United rather than from each of the 1,138 initiate an administrative proceeding States Department of Agriculture, has individual sponsoring organizations. against it pursuant to section 13(c) of information that the livestock markets the Export Administration Act of 1979, Estimate of Burden: We estimate the named below are stockyards as defined burden to each State agency to be as as amended (50 U.S.C.A. app. §§ 2401– in Section 302 of the Packers and 1 follows: 2420 (1991 & Supp. 2000)) (the Act), Stockyards Act (7 U.S.C. 202), and and the Export Administration Retrieval, compilation, and sending of should be made subject to the Regulations (currently codified at 15 electronic information on all its sponsoring provisions of the Packers and CFR Parts 730–774 (2000)) (the organizations—2 hours. Stockyards Act, 1921, as amended (7 Regulations),2 based on allegations that, Clerical time to locate, copy, compile, and U.S.C. 181 et seq.). on or about December 2, 1998, OAI send information on each sponsoring exported a U.S.-origin Mask Aligner and CA–189 organization that is not electronically parts from the United States to Bhaba available—30 minutes for each sponsor file. Dinuba Sales Yard, Cutler, California Atomic Research Center (BARC), an Respondents: Respondents include IN–166 entity on the Department of Commerce Entity List, Supplement No. 4 to Part staff of State agencies that administer United Producers, Inc., Little York, 744 of the Regulations, without the CACFP. Indiana obtaining a Department of Commerce Estimated Number of Respondents: 53 Pursuant to the authority under license as required by section 744.11 of agencies in total; including 49 State Section 302 of the Packers and the Regulations, in violation of section agencies, the Mid-Atlantic FNS Regional Stockyards Act, notice is hereby given 764.2(a) of the Regulations, and; Office that administers the CACFP in that it is proposed to designate the BXA and OAI having entered into a Virginia, and the CACFP agencies in the stockyards named above as posted Settlement Agreement pursuant to District of Columbia, Puerto Rico, and stockyards subject to the provisions of Section 766.18(a) of the Regulations Guam. said Act. whereby they agreed to settle this matter in accordance with the terms and Estimated Total Annual Burden on Any person who wishes to submit conditions set forth therein, and the Respondents: Total of 675 hours. written data, views or arguments terms of the Settlement Agreement Comments: Comments are invited on concerning the proposed designation having been approved by me; (a) whether the proposed collection of may do so by filing them with the It Is Therefore Ordered information is necessary for the proper Director, Office of Policy/Litigation performance of the functions of the Support, Packers and Stockyards First, that, for a period of three years agency, including whether the Programs, Grain Inspection, Packers and from the date of this Order, Optical, information will have practical utility; Stockyards Administration, U.S. Associates, Inc., 1425 McCandless (b) the accuracy of the agency’s estimate Department of Agriculture, Room 1521 Drive, Milpitas, California, 95035, and all of its successors or assigns, officers, of the burden of the proposed collection South Building, 1400 Independence representatives, agents, and employees, of information, including the validity of Avenue, SW, Washington, D.C. 20250, may not participate, directly or by April 10, 2001. the methodology and the assumptions indirectly, in any way in any transaction used; (c) ways to enhance the quality, All written submissions made involving any commodity, software, or utility, and clarity of the information to pursuant to this notice will be made be collected; and (d) ways to minimize available for public inspection in the 1 The Act expired on August 20, 1994. Executive the burden of the collection of office of the Director of the Office of Order 12924 (3 CFR, 1994 Comp. 917 (1995)), information on those who are to which has been extended by successive Presidential Policy/Litigation Support during normal Notices, the most recent being that of August 3, respond, including the use of business hours. 2000 (64 FR 48347, August 8, 2000), continued the appropriate automated, electronic, Done at Washington, DC, this 13th day of Regulations in effect under the International mechanical, or other technology. Emergency Economic Powers Act (50 U.S.C.A. March 2001. Comments should be sent to the address §§ 1701–1706 (1991 & Supp. 2000)). The Act was David R. Shipman, reauthorized on November 13, 2000. See Pub. L. No. stated in the preamble. All responses to 106–508. this notice will be summarized and Acting Administrator, Grain Inspection, 2 The violation at issued occurred in 1998. The included in the request for Office of Packers and Stockyards Administration. Regulations governing the violation at issue are Management and Budget (OMB) [FR Doc. 01–7333 Filed 3–23–01; 8:45 am] codified at 15 CFR Parts 730–744 (1998), and to the degree to which they pertain to this matter, are approval. All comments will also BILLING CODE 3410–EN–P substantially the same as the 2000 version of the become a matter of public record. Regulations.
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technology (hereinafter collectively installation, maintenance, repair, Office of AD/CVD Enforcement 3, referred to as ‘‘item’’) that is subject to modification or testing. Import Administration, International the Regulations and that is exported or Third, that, after notice and Trade Administration, U.S. Department to be exported from the United States to opportunity for comment as provided in of Commerce, Washington, DC 20230; India, or in any other activity subject to Section 766.23 of the Regulations, any telephone: (202) 482–3174 or (202) 482– the Regulations that involves India, person, firm, corporation, or business 4477, respectively. including, but not limited to: organization related to the denied SUPPLEMENTARY INFORMATION: A. Applying for, obtaining, or using person by affiliation, ownership, any license, License Exception, or control, or position of responsibility in The Applicable Statute and Regulations export control document; the conduct of trade or related services Unless otherwise indicated, all B. Carrying on negotiations may also be made subject to the citations to the Tariff Act of 1930, as concerning, or ordering, buying, provisions of this Order. amended (the Act) are references to the receiving, using, selling, delivering, Fourth, that this Order does not provisions effective January 1, 1995, the storing, disposing of, forwarding, prohibit any export, reexport, or other effective date of the amendments made transporting, financing, or otherwise transaction subject to the Regulations to the Act, by the Uruguay Round servicing in any way, any transaction where the only items involved that are Agreements Act (URAA). In addition, involving any item that is subject to the subject to the Regulations are the unless otherwise indicated, all citations Regulations and that is exported or to be foreign-produced direct product of U.S.- to the Department of Commerce’s (the exported from the United States to origin technology. Department’s) regulations are to 19 CFR India, or in any other activity subject to Fifth, that the proposed Charging part 351 (2000). the Regulations that involves India; or Letter, the Settlement Agreement, and Background C. Benefiting in any way from any this Order shall be made available to the transaction involving any item exported public. On January 10, 2001, the Department or to be exported from the United Stats This Order, which constitutes the published in the Federal Register the to India that is subject to the final agency action in this matter, is preliminary results of the administrative Regulations, or in any other activity effective immediately. review of the antidumping duty order subject to the Regulations that involves on electrolytic manganese dioxide Entered this 15th day of March, 2001. India. (EMD) from Japan. See Preliminary Second, that no person may, directly Lisa A. Prager, Results of Antidumping Duty or indirectly, do any of the following: Acting Assistant Secretary for Export Administrative Review: Electrolytic A. Export or reexport to or on behalf Enforcement. Manganese Dioxide from Japan, 66 FR of the denied person any item subject to [FR Doc. 01–7387 Filed 3–23–01; 8:45 am] 1948 (January 10, 2001) (Preliminary the Regulations to India; BILLING CODE 3510–DT–M Results). B. Take any action that facilitates the acquisition or attempted acquisition by Scope of Review the denied person of the ownership, DEPARTMENT OF COMMERCE Imports covered by this review are possession, or control of any item shipments of EMD from Japan. EMD is International Trade Administration subject to the Regulations that has been manganese dioxide (MnO2) that has or will be exported from the United [A–588–806] been refined in an electrolysis process. States to India, including financing or The subject merchandise is an other support activities related to a Electrolytic Manganese Dioxide From intermediate product used in the transaction whereby the denied person Japan: Final Results of Antidumping production of dry-cell batteries. EMD is acquires or attempts to acquire such Duty Administrative Review sold in three physical forms (powder, ownership, possession or control; chip, or plate) and two grades (alkaline AGENCY: Import Administration, C. Take any action to acquire from or and zinc chloride). EMD in all three to facilitate the acquisition or attempted International Trade Administration, Department of Commerce. forms and both grades is included in the acquisition from the denied person of scope of the order. This merchandise is ACTION: any item subject to the Regulations that Notice of Final Results of currently classifiable under item has been exported from the United Antidumping Duty Administrative number 2820.10.0000 of the States to India; Review. Harmonized Tariff Schedule of the D. Obtain from the denied person in SUMMARY: On January 10, 2001, the United States (HTSUS). The HTSUS the United States any item subject to the number is provided for convenience and Regulations with knowledge or reason Department of Commerce published the preliminary results of administrative customs purposes. It is not to know that the item will be, or is determinative of the products subject to intended to be, exported from the review of the antidumping duty order on electrolytic manganese dioxide from the order. The written product United States to India; or description remains dispositive. E. Engage in any transaction to service Japan. The review covers one producer/ any item subject to the Regulations that exporter, Tosoh Corporation, during the Analysis of Comments Received period of review April 1, 1999, through has been or will be exported from the We received no comments from December 31, 1999. United States to India, and which is interested parties as a result of our We gave interested parties an owned, possessed or controlled by the preliminary results of review. Therefore, opportunity to comment on the denied person, or service any item, of we are adopting those preliminary preliminary results. We did not receive whatever origin, that is owned, results as the final results of this review. possessed or controlled by the denied any comments. The review indicates the person if such service involves the use existence of no dumping margins for Sunset Revocation of any item subject to the Regulations Tosoh Corporation during this period. On April 20, 2000, the International that has been or will be exported from EFFECTIVE DATE: March 26, 2001. Trade Commission (ITC), pursuant to the United States to India. For purposes FOR FURTHER INFORMATION CONTACT: section 751(c) of the Act, determined of this paragraph, servicing means Karin Ryerson or Richard Rimlinger, that revocation of the antidumping duty
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order on EMD from Japan would not be ACTION: Notice of Extension of Time amended, and § 351.214(i)(2) of the likely to lead to continuation or Limit for Preliminary Results of New Department’s regulations. recurrence of material injury within a Shipper Antidumping Review. Dated: March 20, 2001. reasonably foreseeable time. Therefore, because the order was revoked on May EFFECTIVE DATE: March 26, 2001. Holly A. Kuga, 31, 2000, as a result of the ITC’s FOR FURTHER INFORMATION CONTACT: Jeff Acting Deputy Assistant Secretary for Import determination, with an effective date of Pedersen at (202) 482–4195 or Ron Administration. January 1, 2000, no deposit Trentham at (202) 482–6320, Office of [FR Doc. 01–7407 Filed 3–23–01; 8:45 am] requirements are effective for shipments AD/CVD Enforcement, Group II, Office BILLING CODE 3510–DS–M entered, or withdrawn from warehouse, 4, Import Administration, International for consumption on or after January 1, Trade Administration, U.S. Department 2000. of Commerce, 14th Street and DEPARTMENT OF COMMERCE Constitution Ave., NW., Washington, Final Results of Review DC 20230. International Trade Administration We have determined that a weighted- SUPPLEMENTARY INFORMATION: [A–533–813] average margin of zero percent exists for The Applicable Statute Tosoh for the period April 1, 1999, through December 31, 1999. The Unless otherwise indicated, all Certain Preserved Mushrooms From Department shall determine, and the citations to the Tariff Act of 1930, as India: Notice of Extension of Time U.S. Customs Service (Customs) shall amended (the Act), are references to the Limit for Antidumping Duty assess, antidumping duties on all provisions effective January 1, 1995, the Administrative Review appropriate entries. In accordance with effective date of the amendments made 19 CFR 351.212(b), we have calculated to the Act by the Uruguay Round AGENCY: Import Administration, exporter/importer-specific assessment Agreements Act. In addition, unless International Trade Administration, rates. We will direct Customs to otherwise indicated, all citations to the United States Department of Commerce. Department’s regulations are to 19 CFR liquidate affected entries during the EFFECTIVE DATE: March 26, 2001. review period at a rate of zero percent. part 351 (2000). This notice also serves as a reminder Background FOR FURTHER INFORMATION CONTACT: David J. Goldberger, Kate Johnson, or to parties subject to administrative On July 20, 2000, the Department protective order (APO) of their Dinah McDougall at (202) 482–4136, received a request from Shandong Jinma (202) 482–4929, or (202) 482–3773, responsibility concerning the Industrial Group Co., Ltd. to conduct a disposition of proprietary information respectively, Office of AD/CVD new shipper review of the antidumping Enforcement, Import Administration, disclosed under APO in accordance order on heavy forged hand tools from with 19 CFR 351.305. Timely International Trade Administration, the People’s Republic of China. On U.S. Department of Commerce, 14th notification of return/destruction of October 6, 2000, the Department APO materials or conversion to judicial Street and Constitution Avenue, NW., published its initiation of this new Washington, DC, 20230. protective order is hereby requested. shipper review covering the period of Failure to comply with the regulations February 1, 2000 through July 31, 2000 Postponement of Final Results of and the terms of an APO is a (65 FR 59824). The preliminary results Administrative Review sanctionable violation. are currently due no later than March We are issuing and publishing this 27, 2001. The Department of Commerce (‘‘the determination in accordance with Department’’) published the preliminary sections 751(a)(1) and 777(i)(1) of the Extension of Time Limit for Preliminary results of the administrative review of Act. Results of Review the antidumping duty order on Certain Dated: March 16, 2001. Section 351.214(i)(1) of the Preserved Mushrooms from India on March 8, 2001 (66 FR 13896). The Timothy J. Hauser, Department’s regulations requires the Department to make a preliminary current deadline for the final results in Acting Under Secretary for International this review is July 6, 2001. In Trade. determination within 180 days after the accordance with section 751(a)(3)(A) of [FR Doc. 01–7405 Filed 3–23–01; 8:45 am] date on which the new shipper review was initiated. However, if the Secretary the Tariff Act of 1930 (‘‘the Act’’), as BILLING CODE 3510–DS–P concludes that a new shipper review is amended, the Department finds that it is extraordinarily complicated, under not practicable to complete this DEPARTMENT OF COMMERCE § 351.214(i)(2) of the Department’s administrative review within the regulations the Secretary may extend original time frame due to the fact that International Trade Administration the 180-day period to 300 days. one of the verifications was not We determine that this new shipper completed until shortly before the preliminary results and the verification [A–570–803] review is extraordinarily complicated. Therefore the Department is extending report was not released until after the Heavy Forged Hand Tools, Finished or the time limit for completion of the preliminary results. In addition, one of Unfinished, With or Without Handles, preliminary results until no later than the respondents retained new counsel From the People’s Republic of China: July 25, 2001. See Decision and has requested additional time to Extension of Time Limit for Preliminary Memorandum from Thomas F. Futtner prepare for the final arguments in this Results of New Shipper Antidumping to Holly A. Kuga, dated concurrently review. Thus, the Department is Review with this notice, which is on file in the extending the time limit for completion Central Records Unit, Room B–099 of of the final results until August 6, 2001, AGENCY: Import Administration, the main Commerce building. which is 151 days after the date on International Trade Administration, This extension is in accordance with which notice of the preliminary results Department of Commerce. section 751(a)(3)(A) of the Act, as was published in the Federal Register.
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Dated: March 19, 2001. Application accepted by DEPARTMENT OF COMMERCE Richard W. Moreland, Commissioner of Customs: March 1, Deputy Assistant Secretary for Import 2001. National Oceanic and Atmospheric Administration Administration. Docket Number: 01–007. Applicant: [FR Doc. 01–7406 Filed 3–23–01; 8:45 am] University of Wisconsin-Madison, 750 BILLING CODE 3510–DS–P University Avenue, A.W. Peterson [Docket No. 00121 4351–0351–01] Building, Madison, WI 53706. Announcement of the Call for DEPARTMENT OF COMMERCE Instrument: Sample Preparation Applications for the Dr. Nancy Foster Chamber with accessories. Scholarship Program International Trade Administration Manufacturer: ELMITEC Elektronenmikroskopie, Germany. AGENCY: National Oceanic and Applications for Duty-Free Entry of Intended Use: The instrument is Atmospheric Administration (NOAA), Scientific Instruments intended to be used for studies of U.S. Department of Commcerce. Pursuant to section 6(c) of the spatially resolved x-ray absorption SUMMARY: The U.S. Department of Educational, Scientific and Cultural techniques for chemical analysis of Commerce (DOC) [pursuant to section Materials Importation Act of 1966 (Pub. complex biological, environmental and 18 of Public law 106–513 (S. 1482)] is L. 89–651; 80 Stat. 897; 15 CFR part materials science specimens. The announcing a Call for Applications for 301), we invite comments on the principal experiments are: (1) the Dr. Nancy Foster Scholarship question of whether instruments of Investigation of the uptake of Program. The program is administered equivalent scientific value, for the gadolinium containing drugs in tumor through the National Oceanic and purposes for which the instruments cells and tissue for novel cancer Atmospheric Administration’s National shown below are intended to be used, therapies, (2) geomicrobiology—the Ocean Service. are being manufactured in the United chemical interactions between DATES: The Call for Applications will States. microorganisms and mineral run from March 26 through April 22, Comments must comply with 15 CFR environments and (3) investigation of 2001. Application packages must be 301.5(a)(3) and (4) of the regulations and the electronic behavior of colossal postmarked by April 22, 2001 to be be filed within 20 days with the magnetoresistant manganates. In eligible for consideration. Statutory Import Programs Staff, U.S. ADDRESSES: Dr. Nancy Foster Department of Commerce, Washington, addition, the instrument will be used to demonstrate microchemical analysis Scholarship Program, Office of the DC 20230. Applications may be Assistant Administrator, 13th Floor, examined between 8:30 a.m. and 5:00 through x-ray absorption spectromicroscopy in a graduate level 1305 East-West Highway, Silver Spring, p.m. in Room 4211, U.S. Department of MD 20910–3281. Commerce, 14th Street and Constitution course on physical techniques in Avenue, NW., Washington, DC. biophysics. Application accepted by FOR FURTHER INFORMATION CONTACT: For Docket Number: 01–006. Applicant: Commissioner of Customs: February 27, further information contact: Joanne University of Wisconsin-Madison, 750 2001. Flanders (301) 713–3074. University Avenue, A.W. Peterson Docket Number: 01–008. Applicant: SUPPLEMENTARY INFORMATION: The Building, Madison, WI 53706. Boston College, Department of Physics, purposes of the Dr. Nancy Foster Instrument: Photoelectron Emission 140 Commonwealth Avenue, Chestnut Scholarship Program are: (1) To Microscope, Model PEEM III. recognize outstanding scholarship in Hill, MA 02467. Instrument: Electron Manufacturer: ELMITEC oceanography, marine biology, or Microscope, Model JEM–2010F. Elektronenmikroskopie, Germany. maritime archaeology, including the Intended Use: The instrument is Manufacturer: JEOL Ltd., Japan. curation, preservation, and display of intended to be used in conjunction with Intended Use: The instrument is maritime artifacts, particularly by a synchrotron x-ray source to perform intended to be used to study the women and members of minority spatially resolved element and chemical microstructure of nano materials such as groups; and, (2) to encourage state analysis. In addition, the carbon nanotubes, catalysts for the independent graduate level research in instrument will be used to study a wide growth of carbon nanotubes, high oceanography, marine biology, or range of specimen types, including temperature superconductors, ceramics, maritime archaeology. Each Dr. Nancy biological specimens and material semiconductors. While the instrument Foster Scholarship shall be used to science samples. Specific experimental will be used primarily for research support graduate studies in projects will include: purposes, it will also be used on a one- oceanography, marine biology, or (1) Gadolinium neutron capture on-one basis for training of faculty and maritime archaeology at a graduate level therapy for brain cancer—detect and graduate students in electron institution of higher education; and be map the uptake of Gd containing drugs microscopy. awarded in accordance with guidelines in cancer cells and tissue, hence directly Application accepted by issued by the Secretary. These shall be test the efficacy of potential anti-cancer known as Dr. Nancy Foster drugs before clinical trials, Commissioner of Customs: March 1, 2001. Scholarships. Program details and (2) Geomicrobiology—investigate the application guidelines should be chemical mechanisms which allow Gerald A. Zerdy, accessed via the Internet: http:// microorganisms to interact with and Program Manager, Statutory Import Programs fosterscholars.noaa.gov/. gain energy from the environment Staff. which occurs at a sub micron scale, and Dated: March 21, 2001. (3) Colossal magnetoresistive [FR Doc. 01–7408 Filed 3–23–01; 8:45 am] Ted I. Lillestolen, materials—verifying or refuting a BILLING CODE 3510–DS–P Deputy Assistant Administrator for Ocean number of theories that predict unusual Services and Coastal Zone Management. behavior of electrons in the manganate [FR Doc. 01–7486 Filed 3–22–01; 9:40 am] series of these materials. BILLING CODE 3510–JE–M
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DEPARTMENT OF COMMERCE (b) Review report of the SSL Special Accommodations Reasonable and Prudent Alternative National Oceanic and Atmospheric Committee and provide further These meetings are physically Administration direction. accessible to people with disabilities. Requests for sign language [I.D. 032101C] (c) Discuss and provide recommendations for management interpretation or other auxiliary aids North Pacific Fishery Management measures for the second half of 2001. should be directed to Helen Allen at Council; Public Meetings 4. American Fisheries Act: (907) 271–2809 at least 7 working days (a) Initial review of a cooperative prior to the meeting date. AGENCY: National Marine Fisheries leasing proposal. Direction to staff. Dated: March 21, 2001. Service (NMFS), National Oceanic and (b) Review and comment on salmon Richard W. Surdi, Atmospheric Administration (NOAA), bycatch inter-co-op agreement. Commerce. 5. Gulf of Alaska Rationalization: Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. ACTION: Notice of public meetings. Review committee report and provide further direction to staff. [FR Doc. 01–7430 Filed 3–23–01; 8:45 am] SUMMARY: The North Pacific Fishery 6. Bering Sea/Aleutian Islands Crab BILLING CODE 3510–22–S Management Council (Council) and its Rationalization: Review committee advisory committees will hold public report and provide further direction to meetings. staff. COMMODITY FUTURES TRADING DATES: The Council and its advisory 7. Staff Tasking: Review current staff COMMISSION committees will meet April 9 through tasking and projects to be tasked; provide direction to staff. April 16, 2001. See SUPPLEMENTARY Sunshine Act Meeting INFORMATION for specific dates and Advisory Meetings times. Advisory Panel: The agenda for the AGENCY HOLDING THE MEETING: ADDRESSES: All meetings will be held at Advisory Panel will mirror that of the Commodity Futures Trading the Anchorage Hilton Hotel, 500 W. Council listed above, with the exception Commission. Third Avenue, Anchorage, AK, unless of the reports under Item 1. TIME AND DATE: otherwise noted. Scientific and Statistical 11:30 a.m., Friday, April Council address: North Pacific Committee: The Scientific and 6, 2001. Fishery Management Council, 605 W. Statistical Committee will address the PLACE: 1155 21st St., N.W., Washington, 4th Avenue, Suite 306, Anchorage, AK following issues: D.C., 9th Floor Conference Room. 99501–2252. 1. Discussion of the review of the FOR FURTHER INFORMATION CONTACT: November 30, 2001 biological opinion STATUS: Closed. Council staff, (907) 271–2809. addressing Steller sea lion/groundfish MATTERS TO BE CONSIDERED: Surveillance SUPPLEMENTARY INFORMATION: The fishery interactions. Matters. Council’s Advisory Panel meeting will 2. Steller sea lion measures listed CONTACT PERSON FOR MORE INFORMATION: begin on Monday, April 9, at 8 a.m., under item 3 of the Council agenda Jean A. Webb, 202–418–5100. reconvening daily through Friday. The noted above. Council’s Scientific and Statistical 3. Halibut Charter IFQ analysis listed Jean A. Webb, under item 2 of the Council agenda Committee (SSC) meeting will begin on Secretary of the Commission. noted above. Monday, April 9, at 8 a.m., reconvening [FR Doc. 01–7535 Filed 3–22–01; 2:39 pm] each day through Wednesday. The Other Committee and Workgroup BILLING CODE 6351–01–M Council’s plenary session will begin on Meetings Wednesday, April 11, reconvening daily Halibut Charter IFQ Industry through Monday, April 16. All meetings Workgroup will meet Monday, April 9, COMMODITY FUTURES TRADING are open to the public except executive at 8 a.m. in the Iliamna Room at the COMMISSION sessions which may be held during the Anchorage Hilton Hotel to review the week at which the Council may discuss Sunshine Act Meeting final Halibut Charter IFQ analysis and personnel issues and/or current provide comments to the North Pacific litigation. Fishery Management Council. AGENCY HOLDING THE MEETING: Council: The agenda for the Council’s Other committees and workgroups Commodity Futures Trading plenary session will include the may hold impromptu meetings Commission. following issues. The Council may take throughout the meeting week. Such appropriate action on any of the issues TIME AND DATE: 11:00 a.m., Friday, April meetings will be announced during 13, 2001. identified. regularly-scheduled meetings of the 1. Reports: Council, Advisory Panel, and SSC, and PLACE: 1155 21st St., N.W., Washington, (a) Executive Director’s Report. D.C., 9th Floor Conference Room. (b) State Fisheries Report by Alaska will be posted at the hotel. Dept. of Fish and Game. Although other issues not contained STATUS: Closed. in this agenda may come before this (c) NMFS Management Report. MATTERS TO BE CONSIDERED: Surveillance (d) Enforcement and Surveillance Council for discussion, in accordance Matters. reports by NMFS and the U.S. Coast with the Magnuson-Stevens Fishery Guard. Conservation and Management Act, CONTACT PERSON FOR MORE INFORMATION: 2. Halibut Charter Individual Fishing those issues may not be the subject of Jean A. Webb, 202–418–5100. Quotas (IFQ): Final Action. formal Council action during this 3. Steller sea lion (SSL) measures: meeting. Council action will be Jean A. Webb, (a) Status reports on analysis, restricted to those issues specifically Secretary of the Commission. alternatives, and independent scientific identified in the agenda listed in this [FR Doc. 01–7536 Filed 3–22–01; 2:39 pm] review. notice. BILLING CODE 6351–01–M
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COMMODITY FUTURES TRADING other matters relating to the operation of 1996. Under the revised strategy, DOE COMMISSION the Naval Postgraduate School, as the will prepare and issue a revised draft board considers pertinent. This meeting EIS for public comment focusing on Sunshine Act Meeting will be open to the public. DOE’s actions to decontaminate West DATES: The meeting will be held on Valley Demonstration Project (WVDP) AGENCY HOLDING THE MEETING: Monday, April 2, 2001, from 9:00 a.m. facilities and manage WVDP wastes Commodity Futures Trading to 4:00 p.m. and on Tuesday, April 3, controlled by DOE under the West Commission. 2001, from 9:00 a.m. to 12:00 p.m. Valley Demonstration Project Act TIME AND DATE: 11:00 a.m., Friday, April ADDRESSES: The meeting will be held at (WVDP Act; Public Law 96–368). 20, 2001. the National Defense University, Fort NYSERDA will not be a joint lead PLACE: 1155 21st St., N.W., Washington, McNair, Hill Conference Room, agency but will participate as D.C., 9th Floor Conference Room. Roosevelt Hall, Washington, DC. envisioned under Section 6.03 of the Cooperative Agreement between United STATUS: Closed. FOR FURTHER INFORMATION CONTACT: Mrs. MATTERS TO BE CONSIDERED: Surveillance Jaye Panza, Naval Postgraduate School, States Department of Energy and New Matters. 1 University Circle, Monterey, York State Energy Research and Development Authority on the Western CONTACT PERSON FOR MORE INFORMATION: California, 93943–5000, telephone New York Nuclear Service Center at Jean A. Webb, 202–418–5100. number (831) 656–2514. West Valley, New York (October 1, SUPPLEMENTARY INFORMATION: Notice of Jean A. Webb, 1980, amended September 18, 1981) and this meeting is provided in accordance Secretary of the Commission. as appropriate under the New York with the Federal Advisory Committee State Environmental Quality Review Act [FR Doc. 01–7537 Filed 3–22–01; 2:39 pm] Act, 5 U.S.C. App. 2. This meeting was BILLING CODE 6351–01–M (SEQRA). Further, DOE intends to issue originally scheduled for March 5 and 6, soon a Notice of Intent for a second EIS, 2001, and public notice was published with NYSERDA as a joint lead agency, on February 26, 2001 (65 FR 11568). COMMODITY FUTURES TRADING on decommissioning and/or long-term Due to administrative constraints, notice COMMISSION stewardship of the WVDP and the of cancellation of the March 5 and 6, Western New York Nuclear Service Sunshine Act Meeting 2001, meeting could not be provided Center (WNYNSC). This approach is prior to the meeting. Due to expected to facilitate decisions in a AGENCY HOLDING THE MEETING: administrative constraints in more tractable and timely fashion. Commodity Futures Trading. rescheduling the meeting, the normal 15 DATES: days notice could not be provided. Although this notice expresses TIME AND DATE: 11:00 a.m., Friday, April DOE’s intent to prepare the revised Draft 27, 2001. Dated: March 14, 2001. EIS, DOE welcomes, as part of the PLACE: 1155 21st St., NW., Washington, J.L. Roth, scoping process, comments on the plan DC., 9th Floor Conference Room. Lieutenant Commander, Judge Advocate for revising the strategy for completion STATUS: Closed. General’s Corp, U.S. Navy, Federal Register of the 1996 Completion and Closure MATTERS TO BE CONSIDERED: Surveillance Liaison Officer. Draft EIS. Please provide comments on Matters. [FR Doc. 01–7326 Filed 3–23–01; 8:45 am] the plan and on the scope of the revised CONTACT PERSON FOR MORE INFORMATION: BILLING CODE 3810–FF–P Draft EIS on WVDP Decontamination Jean A. Webb, 202–418–5100. and Waste Management to DOE by April 25, 2001. Written comments Jean A. Webb, DEPARTMENT OF ENERGY postmarked, faxed, or e-mailed by that Secretary of the Commission. date will be considered in the [FR Doc. 01–7538 Filed 3–22–01; 2:39 pm] Revised Strategy for the preparation of the revised Draft EIS. BILLING CODE 6351–01–M Environmental Impact Statement for Late comments will be considered to the Completion of the West Valley extent practicable. Demonstration Project and Closure or Also, DOE will hold a public scoping DEPARTMENT OF DEFENSE Long-Term Management of Facilities at meeting at the Ashford Office Complex, the Western New York Nuclear Service located at 9030 Route 219 in the Town Department of the Navy Center and Solicitation of Scoping of Ashford, NY, from 7:00 to 9:30 p.m. Comments on April 10, 2001. Make requests to Meeting of the Board of Advisors to speak at the public meeting by calling AGENCY: Department of Energy. the Superintendent, Naval or writing the DOE Document Manager. ACTION: Notice of intent. Postgraduate School (See ADDRESSES, below.) AGENCY: Department of the Navy, DOD. SUMMARY: The U.S. Department of ADDRESSES: Address comments on this plan for revising the strategy for ACTION: Notice of Open Meeting. Energy (DOE) and the New York State Energy Research and Development completion of the 1996 Completion and SUMMARY: The purpose of this meeting Authority (NYSERDA) announce their Closure EIS and on the scope of the is to elicit the advice of the board on the intent to revise their strategy for revised Draft EIS to the DOE Document Naval Service’s Postgraduate Education completing the Draft Environmental Manager: Mr. Daniel W. Sullivan, West Program. The board examines the Impact Statement (EIS) for Completion Valley Area Office, U.S. Department of effectiveness with which the Naval of the West Valley Demonstration Energy, 10282 Rock Springs Road, West Postgraduate School is accomplishing Project and Closure or Long-Term Valley, NY 14171. Telephone: (716) its mission. To this end, the board will Management of Facilities at the Western 942–4016, facsimile: (716) 942–4703, or inquire into the curricula, instruction, New York Nuclear Service Center (DOE/ e-mail: [email protected]. physical equipment, administration, EIS–0226–D) (also referred to as the FOR FURTHER INFORMATION CONTACT: For state of morale of the student body, 1996 Completion and Closure Draft EIS) information regarding the West Valley faculty, and staff; fiscal affairs; and any issued for public comment in March Demonstration Project or the EIS,
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contact Mr. Daniel Sullivan as described DOE has determined that the this EIS, DOE intends to maintain above. Those seeking general decontamination and waste informal communications with information on DOE’s National management actions will not be stakeholders through ongoing quarterly Environmental Policy Act (NEPA) connected within the meaning of the meetings, at a minimum, to ensure that process should contact: Ms. Carol M. regulations to decommissioning and/or interested individuals, organizations, Borgstrom, Director, Office of NEPA long-term stewardship actions because and agencies are aware of the status of Policy and Compliance, U.S. decontamination and waste disposal EIS preparation and have a continuing Department of Energy, 1000 actions can be implemented without forum to ask questions and provide Independence Avenue SW., previous or simultaneous actions being feedback to the Department. The revised Washington, DC 20585. Telephone: taken, are not an interdependent part of Draft EIS, when completed, will be (202) 586–4600, facsimile: (202) 586– a larger action, and do not depend on issued to the public for review and 7031, or leave a message at 1–800–472– a larger action for their justification. comment in accordance with Section V 2756, toll-free. Further, the WVDP decontamination of this notice. and waste management actions being SUPPLEMENTARY INFORMATION: The DOE II. DOE Responsibilities and NYSERDA announce their intent to proposed by DOE do not limit or prejudge the range of alternatives to be DOE is required by Public Law 96– revise their strategy for completing the 368, the WVDP Act, to perform a Draft EIS for Completion of the West considered or the decisions to be made for eventual decommissioning of Project number of actions involving facilities Valley Demonstration Project and and wastes at the West Valley site. Closure or Long-Term Management of facilities and/or long-term stewardship of the site, which would be the focus of Section 2(a)(1–5) of the Act articulates Facilities at the Western New York the five actions that embody the WVDP. Nuclear Service Center (DOE/EIS–0226– a second EIS (described below in Section VI). Actions 1 and 2 address high-level D) (also referred to as the 1996 The decontamination and waste waste (HLW) solidification and Completion and Closure Draft EIS). The management actions being proposed development of appropriate containers Draft EIS was prepared by DOE and merit evaluation in an EIS, however, for the solidified wastes. Action 3 NYSERDA as joint lead agencies and including adequate analysis of requires DOE to transport the solidified issued for public comment in March cumulative impacts. While the HLW to a Federal geologic repository for 1996. decontamination and waste permanent disposal. Action 4 requires I. Revised NEPA Review Strategy management actions will share common DOE to dispose of low-level and geography with subsequent transuranic wastes generated by HLW Under the revised strategy, DOE will decommissioning and/or long-term solifidification and in connection with prepare and issue for public comment a stewardship actions, the regulatory and the WVDP. Action 5 requires DOE to revised Draft EIS focusing on DOE’s physical nature of the two categories of decontaminate and decommission the actions to decontaminate WVDP actions are different, as are the timing tanks, facilities, material, and hardware facilities and manage WVDP wastes needs for decisions. This approach is used in the solidification of HLW and in controlled by DOE under the WVDP expected to facilitate decisions in a connection with the WVDP. Act. The analyses and subsequent more tractable and timely fashion. Actions 1 and 2 were the focus of the decision making with respect to this Under the revised strategy, the 1996 1982 Final EIS (DOE/EIS–0081) and Decontamination and Waste Draft EIS will be reissued in part as a Record of Decision (47 FR 40705, Management EIS will focus exclusively revised Draft EIS retitled the West September 15, 1982) on the HLW on WVDP activities conducted by DOE Valley Demonstration Project solidification. The 1996 Completion and and will not involve any decision Decontamination and Waste Closure Draft EIS (DOE/EIS–0226–D) making on the balance of the property Management Environmental Impact comprehensively examined the at the WNYNSC. NYSERDA will not be Statement. The analysis in the revised remaining actions, 3, 4, and 5. Based on a joint lead agency but will participate Draft EIS will support only those DOE the comments received on the 1996 as envisioned under Section 6.03 of the decisions on WVDP facility Completion and Closure Draft EIS, Cooperative Agreement between United decontamination and waste feedback from the Citizen Task Force, States Department of Energy and New management alternatives. The revised and ongoing discussions between the York State Energy Research and Draft EIS will include updated baseline joint lead agencies (DOE and Development Authority on the Western environmental data and new EIS NYSERDA) and the Nuclear Regulatory New York Nuclear Service Center at alternative descriptions and use new Commission, the DOE now intends to West Valley, New York (October 1, analytical techniques developed at West conduct the NEPA process for actions 3, 1980, amended September 18, 1981) and Valley since publication of the 1996 4, and 5 in two separate EISs. as appropriate under SEQRA. The Completion and Closure Draft EIS. For action 3, DOE will evaluate on- Nuclear Regulatory Commission does Relevant comments received on the site activities related to transportation of not intend to be a Cooperating Agency 1996 Completion and Closure Draft EIS the New York State-owned solidified on the Decontamination and Waste will be considered in the preparation of HLW to a federal geologic repository in Management EIS, because the the revised Draft EIS. the Decontamination and Waste Commission is not prescribing criteria In the course of quarterly public Management EIS. Off-site activities for the activities to be considered in this meetings and Citizen Task Force related to HLW transportation were revised EIS. DOE will inform the meetings held since the issuance of the evaluated in the Final Waste Commission of WVDP activities and 1996 Completion and Closure Draft EIS, Management Programmatic progress as required under the WVDP stakeholders have had considerable Environmental Impact Statement (WM Act and the Memorandum of opportunities to discuss pertinent issues PEIS, DOE/EIS–0200–F, May 1997). For Understanding between DOE and the with DOE. DOE is now formally action 4, DOE will evaluate on-site Commission. soliciting scoping comments, which activities for transportation of low-level In accordance with Council on DOE will consider in preparing the Draft waste generated in connection with the Environmental Quality regulations for Decontamination and Waste WVDP in the Decontamination and implementing NEPA (40 CFR 1508.25) Management EIS. During preparation of Waste Management EIS; off-site
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transportation activities were evaluated —Vitrification Facility—Houses the DOE and NYSERDA, will be evaluated in the WM PEIS. DOE also will evaluate HLW melter and supporting systems in a new EIS for decommissioning and/ on-site and off-site transportation for combining liquid HLW with or long-term stewardship described in activities for transuranic waste borosilicate glass formers, pouring the Section VI. associated with the WVDP in the molten glass into stainless steel The WVDP Decontamination and Decontamination and Waste canisters, and transporting those Waste Management EIS will Management EIS. canisters to the Process Building for incorporate, as needed, analysis of For action 5, DOE will evaluate the storage. environmental impacts at West Valley decontamination of facilities, material, —01–14 Building—Houses the Cement associated with implementing DOE’s and hardware used in the solidification Solidification System, used to records of decision for the WM PEIS. of HLW in the Decontamination and combine low-level liquid wastes from Under those decisions, DOE will Waste Management EIS. DOE intends to HLW pretreatment into a cement dispose of the Project low-level and analyze the decommissioning of the blend, which was then placed into low-level mixed waste in storage, and HLW tanks, facilities, material, and drums and removed to an on-site generated by decontamination activities, hardware used in connection with the storage facility. The 01–14 Building at either the Nevada Test Site or the WVDP in the EIS for decommissioning also houses the Vitrification Off-Gas Hanford Reservation near Richland, and/or long-term stewardship of the System. Washington (65 FR 10061, February 25, WVDP and WNYNSC, with NYSERDA —HLW Storage Area—Includes the 2000), continue to store transuranic as a joint lead agency. underground HLW storage tanks, waste at West Valley (63 FR 3629, along with supporting systems for January 23, 1998), and continue to store III. Proposed Scope of the maintenance, surveillance, and waste the New York State-owned HLW at West Decontamination and Waste transfer. Valley pending availability of a Federal Management EIS —Process Building—Includes geologic repository (64 FR 46661; A. Purpose and Need for Agency Action approximately 70 rooms and cells that August 26, 1999). The WM PEIS LLW Record of Facility decontamination and waste comprised the original NRC-licensed Decision does not preclude DOE’s use of disposal are the next DOE actions spent nuclear fuel reprocessing operations in the late 1960s and early commercial disposal facilities, mandated by the WVDP Act that are consistent with current DOE Orders and ripe for evaluation and decision making. 1970s. Parts of this building have been decontaminated and modified to appropriate site-specific NEPA analysis. By implementing these actions in the Therefore, the revised Draft EIS will also near term, DOE may continue toward support WVDP operation, while other parts remain highly contaminated assess shipment of WVDP low-level completion of the WVDP while waste to the Envirocare commercial decommissioning and/or long-term from fuel reprocessing operations. One of the large cells in the Process low-level waste disposal facility, near stewardship issues are being evaluated Tooele, Utah. in a separate EIS, which DOE intends to Building also serves as the storage facility for vitrified HLW canisters. Any hazardous or mixed wastes develop jointly with NYSERDA in the generated as a result of decontamination The WVDP storage areas that contain near future (described below in Section activities will be managed in accordance the Project’s low-level radioactive VI). with the Resource Conservation and wastes, which will be evaluated for The DOE needs to decide upon Recovery Act (RCRA) and the WVDP removal and offsite disposal, are: decontamination and waste Site Treatment Plan, respectively.1 management actions that are described —Lag Storage Area—Includes several below for facilities that are either no facilities used to store and manage the D. Preliminary Alternatives To Be longer necessary or where radioactive wastes generated from Evaluated decontamination will support the safer WVDP activities. Wastes currently in In the Decontamination and Waste and more efficient continuation of storage include Class A, B, and C low- Management EIS, DOE intends to WVDP site operations. DOE’s primary level wastes, transuranic waste, and evaluate the range of alternatives for objectives in this regard include both greater-than-Class C wastes. decontamination of Project facilities. reducing risks posed to human health or —Radwaste Treatment System Drum These include a ‘‘no action’’ alternative, the environment by removing and Cell—Stores cement-filled drums of which will evaluate continued current containing contamination and reducing stabilized low-level waste produced decontamination and waste the site management costs incurred by by the Cement Solidification System. management operations at the WVDP. continuing to maintain unneeded —Various Other Locations—Soils The other alternatives will evaluate facilities in a safe and operational estimated to contain very low levels condition. of radioactive contamination are 1 Any decontamination activities that may be stored in large containers in various performed following issuance of the Record of B. Facilities and Waste Storage Areas To Decision for the Decontamination and Waste locations. Be Evaluated Management EIS will also provide information associated with RCRA hazardous wastes and mixed Potential decontamination of up to C. Proposed Action wastes, as well as potential future measures that four facilities at the WVDP will be DOE’s Proposed Action under the may be needed to manage these wastes. Management of RCRA wastes identified and/or evaluated in the Decontamination and Decontamination and Waste generated during these activities may be performed Waste Management EIS. The evaluation Management EIS will be to in accordance with the provisions of the RCRA will include such activities as removal decontaminate the four Project facilities 3008(h) Administrative Order on Consent between of loose radioactive contamination; described above and to dispose of the DOE and NYSERDA, and the New York State Department of Environmental Conservation (DEC) removal of hardware and equipment; Project-generated low-level waste and U.S. Environmental Protection Agency (EPA). nonstructural decontamination of walls, controlled by DOE under the WVDP This information will also be factored into long- ceilings, and floors; and flushing and/or Act. The remaining facilities for which term decision making associated with the removal of vessels and piping. The the DOE is responsible, along with all decommissioning and/or long-term stewardship EIS, which will be coordinated with the DEC and WVDP facilities that will be evaluated final decommissioning and/or long-term EPA to meet the requirements of the RCRA 3008(h) are: stewardship actions to be taken by the Consent Order.
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decontaminating different sets of WVDP disposal under this alternative. A • Short-term land use impacts facilities and areas within them. The combination of truck and rail shipment • Disproportionately high and adverse three alternatives DOE is proposing to modes would be used, depending on the effects on low-income and minority evaluate are summarized below. DOE type and amount of waste, and the populations (environmental justice) will identify its Preferred Alternative in intended disposal site. Any wastes for • Irretrievable and irreversible the Draft EIS. which there currently are no suitable commitment of resources disposal sites, such as greater-than-Class No Action Alternative—Minimum C waste, HLW, and transuranic waste, • Native American concerns Decontamination and Off-Site Waste would be retained in on-site storage • Unavoidable adverse impacts Disposal Alternative pending the availability of an off-site • Compliance with Federal, state, and This alternative is considered the ‘‘no disposal location. DOE will evaluate local requirements action’’ alternative required to be shipment of these wastes from West • analyzed under Council on Valley, as appropriate, however, so that Cumulative impacts Environmental Quality and DOE NEPA the environmental impacts would have IV. Public Scoping Meeting regulations, and involves no change already been evaluated in case an from the current in-progress or planned opportunity to move these wastes off- DOE will hold a public scoping decontamination activities for WVDP site should arise. meeting on the decontamination and facilities and waste management waste management EIS at the Ashford activities currently in progress. High Activity Waste Removal and Off- Office Complex, located at 9030 Route These ongoing decontamination and Site Waste Disposal Alternative 219 in the Town of Ashford, NY, from waste management activities have This alternative is similar to the 7:00 to 9:30 p.m. on April 10, 2001. already been considered under NEPA, alternative for Project Facility Requests to speak at the public meeting as follows: Decontamination and Off-site Waste should be made by calling or writing the —1982 Final Environmental Impact Disposal in terms of the types of DOE Document Manager (see Statement for Long-Term Management decontamination activities that would ADDRESSES, above). Speakers will be of Liquid High-Level Radioactive be performed, but only those areas of scheduled on a first-come, first-served Wastes Stored at the Western New WVDP facilities that present high health basis. Individuals may sign up at the York Nuclear Service Center, West and safety risk would undergo interim door to speak and will be Valley (DOE/EIS–0081), Record of decontamination. Under this alternative, accommodated as time permits. Written Decision (47 FR 40705, September 15, selected areas in the Vitrification comments will also be accepted at the 1982), and two Supplement Analyses Facility, HLW Storage Area, and Process meeting. Speakers are encouraged to (DOE/EIS–0081–SA1, September 24, Building would be decontaminated, provide written versions of their oral 1993; DOE/EIS–0081–SA2, June 23, namely, those that are estimated to comments for the record. 1998). contain high concentrations of long- The meetings will be facilitated by a —Environmental Checklist for Removal lived radionuclides. The 01–14 Building moderator. WVDP personnel and the of Class A Low-Level Radioactive would not be decontaminated under moderator may ask speakers clarifying Waste for Commercial Disposal (OH– this alternative, however, because it questions. Individuals requesting to WVDP–96–01), an action that was does not contain substantial quantities speak on behalf of an organization must categorically excluded from further of long-lived radionuclides and does not identify the organization. Each speaker NEPA review in October 1997. pose a health and/or safety risk will be allowed five minutes to present —Environmental Checklist for comparable to the Vitrification Facility, comments unless more time is requested Decontamination Activities for the HLW Storage Area, and Process and available. Comments will be Main Plant (OH–WVDP–2000–05), an Building. Waste management activities recorded by a court reporter and will action that was categorically excluded to be evaluated will be comparable, become part of the scoping meeting in November 2000. however, to those under the previous record. alternative. Project Facility Decontamination and V. Schedule Off-Site Waste Disposal Alternative E. Preliminary Impacts To Be Analyzed This alternative involves extensive DOE has identified the following The DOE intends to issue the draft decontamination of the Vitrification impacts for analysis in this EIS. Decontamination and Waste Facility, 01–14 Building, HLW Storage Additional issues may be identified as Management EIS in Fall 2001. A 45-day Area, and Process Building. Activities a result of public comments. public comment period will start upon publication of the Environmental would include: (1) Removing any • Potential impacts to the general Protection Agency’s Federal Register nonessential vessels, hardware, piping, population and on-site workers from Notice of Availability. DOE will and components, (2) cleaning surfaces radiological and nonradiological consider and respond to comments to remove loose contamination, (3) releases from decontamination and received on the draft Decontamination treating or otherwise fixing-in-place waste management activities remaining contamination on surfaces, as • Potential environmental impacts, and Waste Management EIS in appropriate, (4) deactivating and/or including air and water quality preparing the final EIS. removing all support systems impacts, from decontamination and Comments received during the 1989 (ventilation and utilities) no longer waste management activities scoping process and from the public necessary for safe operations and • Potential transportation impacts from comment period on the 1996 maintenance, and (5) collecting and shipments of radioactive or hazardous Completion and Closure EIS (DOE/EIS– treating for disposal any effluent from material or radioactive, hazardous, or 0226–D) will be addressed in either the the decontamination activities. mixed waste generated during draft Decontamination and Waste Wastes currently in storage and decontamination and waste Management EIS or the planned EIS for wastes generated by decontamination management activities decommissioning and/or long-term activities would be processed as • Potential impacts from postulated stewardship, depending on the nature of necessary and shipped offsite for accidents the specific comments received.
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VI. EIS for Decommissioning and/or wells and pipeline to pump water compliance action plan, and Long-Term Stewardship contaminated ground water from the would avoid sensitive areas including DOE anticipates a separate alluvial aquifer to an evaporation pond wetlands, cultural resources, and those announcement soon in both the Federal on the terrace, in accordance with 40 containing sensitive plant and animal Register and the New York State CFR part 192, ‘‘Health and species. Environmental Notice Bulletin Environmental Protection Standards for A typical extraction well would be providing notice of a second EIS to be Uranium and Thorium Mill Tailings’’. A installed in two to three days and would prepared by DOE and NYSERDA for floodplain/wetlands assessment has disturb an area of approximately 30′ X decommissioning and/or long-term been prepared as an appendix to the 30′. Access to the floodplain would stewardship of the WVDP and WNYNSC environmental assessment (EA) that utilize existing roads as much as and a public scoping process pursuant analyzes the potential environmental possible. Because the activities are to NEPA and SEQRA. effects of this action. located within the Navajo Reservation, DOE anticipates that it will be the DATES: Written comments are due to the all activities will be coordinated lead Federal agency for purposes of address below no later than April 25, through the Navajo Nation and other compliance with NEPA, and NYSERDA 2001. state and federal agencies including the will be the lead agency for purposes of ADDRESSES: Written comments should U.S. Army Corps of Engineers and the compliance with SEQRA. DOE also be addressed to Don Metzler, U.S. U.S. Fish and Wildlife Service. A anticipates that the Nuclear Regulatory Department of Energy, Grand Junction floodplain/wetlands assessment has Commission will participate as a Office, 2597 B3⁄4 Road, Grand Junction, been prepared as an appendix to the cooperating agency under NEPA, and Colorado, 81503; or transmitted by E- Environmental Assessment of Ground the New York State Department of mail via Internet to Water Compliance at the Shiprock, New Environmental Conservation will be an [email protected]; or by facsimile Mexico, Uranium Mill Tailings Site involved agency under SEQRA. to (970) 248–6040. (March, 2001). Although DOE envisions that DOE and FOR FURTHER INFORMATION CONTACT: A floodplain statement of findings NYSERDA will jointly prepare this EIS Donna Bergman-Tabbert, Manager, U.S. will be included in any finding of no for decommissioning and/or long-term Department of Energy—Grand Junction significant impact that is issued stewardship, either agency may decide 3 Office, 2597 B ⁄4 Road, Grand Junction, following the completion of the EA or to proceed independently in support of Colorado 81503, Telephone 1–970–248– may be issued separately. its independent mission. The Notice of 6001 or 1–800–399–5618, E-mail via Issued in Albuquerque, New Mexico on Intent will provide further information Internet to dbergman- March 15, 2001. on this second EIS, including the [email protected], Facsimile to 1– Constance L. Soden, alternatives proposed to be evaluated 970–248–6023. and the opportunities for stakeholder Director, Environment, Safety, and Health For Further Information on General Division, U.S. Department of Energy, involvement. DOE Floodplain/Wetlands Albuquerque Operations Office. Issued in Washington, D.C. on March 21, Environmental Review Requirements, [FR Doc. 01–7389 Filed 3–23–01; 8:45 am] 2001. Contact: Carol M. Borgstrom, Director, BILLING CODE 6450–01–P Steven V. Cary, Office of NEPA Policy and Assistance Acting Assistant Secretary, Office of (EH–42), U.S. Department of Energy, Environment, Safety and Health. 1000 Independence Avenue, SW., DEPARTMENT OF ENERGY [FR Doc. 01–7370 Filed 3–23–01; 8:45 am] Washington, DC 20585, (202) 586–4600 BILLING CODE 6450–01–P or (800) 472–2756. Environmental Management Site- SUPPLEMENTARY INFORMATION: Under Specific Advisory Board, Fernald E.O. 11988—Floodplain Management, E. AGENCY: Department of Energy. DEPARTMENT OF ENERGY O. 11990—Protection of Wetlands, and 10 CFR part 1022—Compliance with ACTION: Notice of open meeting . Grand Junction Office; Notice of Floodplain/ Wetlands Environmental Floodplain/Wetlands Involvement for SUMMARY: Review Requirements, notice is given This notice announces a Ground Water Remediation Activities that DOE is planning ground water meeting of the Environmental at Shiprock, New Mexico, Uranium Mill remediation in the San Juan River 100- Management Site-Specific Advisory Tailings Remedial Action Site year floodplain north and east of the Board (EM SSAB), Fernald. The Federal Advisory Committee Act (Pub. L. 92– AGENCY: Grand Junction Office, Shiprock UMTRA site. 463, 86 Stat. 770) requires that public Department of Energy. Remediation activities include the installation of five extraction wells in notice of these meetings be announced ACTION: Notice of Floodplain/Wetlands in the Federal Register. Involvement. the floodplain in the most contaminated part of the plume, pumping water via DATES: Thursday, April 12, 2001 6:00 SUMMARY: The Department of Energy underground piping to a lined p.m.–8:45 p.m. (DOE) hereby provides notice as evaporation pond, and spray- ADDRESSES: Fernald Environmental required by 10 CFR part 1022, to evaporating the water. The evaporation Management Project Site, Services conduct ground water remediation pond will be located on the terrace Building Conference Room, 7400 Willey activities within the 100-year floodplain above the floodplain. Water would be Road, Hamilton, OH 45219. of the San Juan River at the Shiprock withdrawn from the floodplain alluvial FOR FURTHER INFORMATION CONTACT: Lois New Mexico Uranium Mill Tailings aquifer at the rate of 80 gallons per Yasutis, Phoenix Environmental, 6186 Remedial Action (UMTRA) Site, with minute. At this rate, modeling projects Old Franconia Road, Alexandria, VA possible impacts to wetlands. The site is the floodplain contaminants to be 22310, at (703) 971–0030 or (513) 648– located within the boundaries of the reduced to acceptable levels within 14 6478, or e-mail; Navajo Indian Reservation. Activities years. [email protected]. are scheduled to commence in 2002, The locations of the wells, piping, and and consist of installation of extraction pond will be determined in a ground SUPPLEMENTARY INFORMATION:
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Purpose of the Board DEPARTMENT OF ENERGY Contracting & Management Committee—Status Report The purpose of the Board is to make Environmental Management Advisory Worker Health & Safety—Status recommendations to DOE in the areas of Board environmental restoration, waste Report management, and related activities. AGENCY: Department of Energy. Alternatives to Incineration Committee—Status Report Tentative Agenda ACTION: Notice of open meeting. 5:15 p.m. Public Comment Period and 6:00 p.m.—Call to Order SUMMARY: This notice announces a Adjournment meeting of the Environmental 6:00–6:20 p.m.—Chair’s Remarks and Ex Wednesday, April 18, 2001 Officio Announcements Management Advisory Board. The Federal Advisory Committee Act (Pub. 6:20–7:05 p.m.—Waste Pits Update and 8:30 a.m. Opening Remarks L. 92–463, 86 Stat. 770) requires that Discussion FY 2002 Budget Overview Board public notice of these meetings be Discussions—Work Plan 7:05–7:20 p.m.—Update on Uranium announced in the Federal Register. Water Remediation Levels Development DATES: Tuesday, April 17, 2001 and EM Disposition Mapping 7:20–7:40 p.m.—Update on Rebaseline Wednesday, April 18, 2001. 7:40–8:30 p.m.—Discussion and Public Comment Period ADDRESSES: U.S. Department of Energy, Recommendations on Public Use Board Business—Approval of Forrestal Building, 1000 Independence Scenarios Resolutions—New Business—Board Avenue, SW., (Room 1E–245), Calendar 8:30–8:45 p.m.—Public Comment Washington, DC 20585. Public Comment Period 8:45 p.m.—Adjourn FOR FURTHER INFORMATION CONTACT: Adjournment Public Participation James T. Melillo, Executive Director of the Environmental Management Public Participation The meeting is open to the public. Advisory Board, (EM–10), 1000 Written statements may be filed with Independence Avenue, SW., (Room 5B– This meeting is open to the public. If the Board chair either before or after the 161), Washington, DC 20585. The you would like to file a written meeting. Individuals who wish to make telephone number is 202–586–4400. statement with the Board, you may do oral statements pertaining to agenda The Internet address is so either before or after the meeting. If items should contact the Board chair at [email protected]. you would like to make an oral the address or telephone number listed statement regarding any of the items on below. Requests must be received five SUPPLEMENTARY INFORMATION: The the agenda, please contact Mr. Melillo at days prior to the meeting and reasonable purpose of the Board is to provide the the address or telephone number listed provision will be made to include the Assistant Secretary for Environmental above, or call the Environmental presentation in the agenda. The Deputy Management (EM) with advice and Management Advisory Board office at Designated Federal Officer, Gary recommendations on issues confronting 202–586–4400, and we will reserve time Stegner, Public Affairs Office, Ohio the Environmental Management for you on the agenda. You may also Field Office, U.S. Department of Energy, Advisory Program from the perspective register to speak at the meeting on April is empowered to conduct the meeting in of affected groups, as well as state, local, 17–18, 2001, or ask to speak during the a fashion that will facilitate the orderly and tribal governments. The Board will public comment period. Those who call conduct of business. Each individual contribute to the effective operation of in and or register in advance will be wishing to make public comment will the Environmental Management given the opportunity to speak first. be provided a maximum of five minutes Program by providing individual Others will be accommodated as time to present their comments. citizens and representatives of permits. The Board Chairs will conduct interested groups an opportunity to the meeting in an orderly manner. Minutes present their views on issues facing the Transcript and Minutes The minutes of this meeting will be Office of Environmental Management available for public review and copying and by helping to secure consensus We will make the minutes of the at the Freedom of Information Public recommendations on those issues. meeting available for public review and Reading Room, 1E–190, Forrestal Preliminary Agenda copying by June 17, 2001. The minutes Building, 1000 Independence Avenue, and transcript of the meeting will be SW, Washington, DC 20585, between 9 Tuesday, April 17, 2001 available for viewing at the Freedom of a.m. and 4 p.m., Monday–Friday, except 1:00 p.m. Public Meeting Opens Information Public Reading Room (1E– Federal holidays. Minutes will also be —Approve Minutes of October 12–13, 190) in the Forrestal Building, U.S. available by writing to the Fernald 2000 Meeting Department of Energy, 1000 Citizens’ Advisory Board, c/o Phoenix Opening Remarks Independence Avenue, SW., Environmental Corporation, MS–76, Ad hoc Committee on Science & Washington, DC 20585. The Public Post Office Box 538704, Cincinnati, OH Innovation—Status Report/Briefing Reading Room is open Monday through 43253–8704, or by calling the Advisory Technology Development & Transfer Friday from 9:00 a.m.–4:00 p.m. except Board at (513) 648–6478. Committee—Report/Briefing/ on Federal holidays. Issued at Washington, DC on March 21, Resolution Issued in Washington, DC on March 20, 2001. Science Committee—Briefing/ 2001. Rachel Samuel, Resolution Rachel M. Samuel, Deputy Advisory Committee Management Long-Term Stewardship Committee— Deputy Advisory Committee Management Officer. Status Report Officer. [FR Doc. 01–7390 Filed 3–23–01; 8:45 am] Ad hoc Committee on Safety and [FR Doc. 01–7391 Filed 3–23–01; 8:45 am] BILLING CODE 6450–01–P Technology—Briefing BILLING CODE 6450–01–P
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DEPARTMENT OF ENERGY Minutes CERCLA 5 Year Review’’ document will The minutes of this meeting will be be provided by Jason Darby, DOE/ORO Environmental Management Site- available for public review and copying Project Manager. Specific Advisory Board, Paducah at the Freedom of Information Public Public Participation: The meeting is open to the public. Written statements AGENCY: Department of Energy (DOE). Reading Room, 1E–190, Forrestal may be filed with the Committee either ACTION: Notice of Open Meeting. Building, 1000 Independence Avenue, SW, Washington, DC 20585, between before or after the meeting. Individuals SUMMARY: This notice announces a 9:00 a.m. and 4 p.m., Monday–Friday, who wish to make oral statements meeting of the Environmental except Federal holidays. Minutes will pertaining to agenda items should Management Site-Specific Advisory also be available at the Department of contact Pat Halsey at the address or Board (EM SSAB), Paducah. The Energy’s Environmental Information telephone number listed above. Federal Advisory Committee Act (Pub. Center and Reading Room at 175 Requests must be received five days L. 92–463, 86 Stat. 770) requires that Freedom Boulevard, Highway 60, Kevil, prior to the meeting and reasonable public notice of these meetings be Kentucky between 8:00 a.m. and 5:00 provision will be made to include the announced in the Federal Register. p.m. on Monday thru Friday or by presentation in the agenda. The Deputy DATES: Thursday, April 19, 2001, 5:30 writing to Pat J. Halsey, Department of Designated Federal Officer is p.m.–9:00 p.m. Energy Paducah Site Office, Post Office empowered to conduct the meeting in a fashion that will facilitate the orderly ADDRESSES: Paducah Information Age Box 1410, MS–103, Paducah, Kentucky conduct of business. Each individual Park Resource Center, 2000 McCracken 42001, or by calling her at (270) 441– wishing to make public comment will Boulevard, Paducah, Kentucky, 6802. be provided a maximum of five minutes FOR FURTHER INFORMATION CONTACT: W. Issued at Washington, DC on March 21, to present their comments at the end of 2001. Don Seaborg, Deputy Designated the meeting. Federal Officer, Department of Energy Rachel M. Samuel, Minutes: Minutes of this meeting will Paducah Site Office, Post Office Box Deputy Advisory Committee Management be available for public review and 1410, MS–103, Paducah, Kentucky Officer. copying at the Department of Energy’s 42001, (270) 441–6806. [FR Doc. 01–7392 Filed 3–23–01; 8:45 am] Information Resource Center at 105 SUPPLEMENTARY INFORMATION: BILLING CODE 6450–01–P Broadway, Oak Ridge, TN, between 7:30 Purpose of the Board a.m. and 5:30 p.m., Monday through Friday, or by writing to Pat Halsey, The purpose of the Board is to make DEPARTMENT OF ENERGY Department of Energy Oak Ridge recommendations to DOE and its Operations Office, P.O. Box 2001, EM– regulators in the areas of environmental Environmental Management Site- Specific Advisory Board, Oak Ridge 922, Oak Ridge, TN 37831, or by calling restoration and waste management her at (865) 576–4025. activities. Reservation Issued at Washington, DC on March 21, Tentative Agenda AGENCY: Department of Energy. 2001. ACTION: 5:30 p.m.—Informal Discussion Notice of Open Meeting. Rachel M. Samuel, 6:00 p.m.—Call to Order SUMMARY: This notice announces a Deputy Advisory Committee Management 6:10 p.m.—Approve Minutes meeting of the Environmental Officer. 6:20 p.m.—Presentations, Board Management Site-Specific Advisory [FR Doc. 01–7393 Filed 3–23–01; 8:45 am] Response, Public Comments Board (EM SSAB), Oak Ridge. The BILLING CODE 6450–01–P 8:00 p.m.—Subcommittee Reports, Federal Advisory Committee Act (Pub. Board Response, Public Comments L. 92–463, 86 Stat. 770) requires that 8:30 p.m.—Administrative Issues DEPARTMENT OF ENERGY public notice of these meeting be 9:00 p.m.—Adjourn announced in the Federal Register. Copies of the final agenda will be Federal Energy Regulatory DATES: Wednesday, April 11, 2001, 6 available at the meeting. Commission p.m.–9:30 p.m. Public Participation ADDRESSES: Garden Plaza Hotel, 215 [Docket No. ER01–870–001] South Illinois Avenue, Oak Ridge, TN The meeting is open to the public. Alliant Energy Corporate Services, 37830. Written statements may be filed with Inc.; Notice of Filing the Committee either before or after the FOR FURTHER INFORMATION CONTACT: Pat meeting. Individuals who wish to make Halsey, Federal Coordinator, March 20, 2001. oral statements pertaining to agenda Department of Energy Oak Ridge Take notice that on March 12, 2001, items should contact Pat J. Halsey at the Operations Office, P.O. Box 2001, EM– Alliant Energy Corporate Services, Inc., address or telephone number listed 922, Oak Ridge, TN 37831. Phone (865) tendered for filing a corrected agreement above. Requests must be received five 576–4025; Fax (865) 576–5333 or e-mail: to display the correct effective date of days prior to the meeting and reasonable [email protected]. the agreement in the above-referenced provision will be made to include the SUPPLEMENTARY INFORMATION: docket filed with the Commission. In presentation in the agenda. The Purpose of the Board: The purpose of addition, it also indicates in accordance Designated Federal Officer is the Board is to make recommendations with Order No. 614, this agreement is empowered to conduct the meeting in a to DOE and its regulators in the areas of designed as IEC Operating Companies fashion that will facilitate the orderly environmental restoration, waste FERC Electric Tariff Original Volume conduct of business. Each individual management, and related activities. No. 2, Service Agreement No. 12. wishing to make public comment will Any person desiring to be heard or to be provided a maximum of five minutes Tentative Agenda protest such filing should file a motion to present their comments as the first 1. An overview of the ‘‘2001 to intervene or protest with the Federal item of the meeting agenda. Remediation Effectiveness Report/ Energy Regulatory Commission, 888
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First Street, NE., Washington, DC 20426, APS–FPC/ DEPARTMENT OF ENERGY in accordance with Rules 211 and 214 Customer name FERC rate of the Commission’s Rules of Practice schedule Federal Energy Regulatory and Procedure (18 CFR 385.211 and Commission Southern California Edison 385.214). All such motions and protests Company ...... 120 [Docket No. RT01–74–000] should be filed on or before April 2, Electrical District No. 6 ...... 126 2001. Protests will be considered by the Electrical District No. 7 ...... 128 Carolina Power & Light Company, Commission to determine the City of Page ...... 134 Duke Energy Corporation, South appropriate action to be taken, but will Electrical District No. 8 ...... 140 Carolina Electric & Gas Company, not serve to make protestants parties to Aquila Irrigation District ...... 141 GridSouth Transco, LLC; Notice the proceedings. Any person wishing to McMullen Valley Water Con- Establishing Staff Conference become a party must file a motion to servation and Drainage intervene. Copies of this filing are on District ...... 142 March 21, 2001. file with the Commission and are Tonopah Irrigation District .... 143 On March 14, 2001, the Commission available for public inspection. This Citizens Utilities Company .... 3 207 issued an order in Docket No. RT01–74– filing may also be viewed on the Haquahala Valley Power Dis- 000 requiring, among other things, Internet at http://www.ferc.fed.us/ trict ...... 153 Commission staff to convene a online/rims.htm (call 202–208–2222 for Buckeye Water Conservation conference with representatives of assistance). Comments, protests and and Drainage District ...... 155 GridSouth Transco, LLC (GridSouth) interventions may be filed electronically Roosevelt Irrigation District .. 158 and South Carolina Public Service via the internet in lieu of paper. See, 18 Maricopa County Municipal Authority (Santee Cooper) to explore CFR 385.2001(a)(1)(iii) and the Water Conservation Dis- solutions that will permit Santee Cooper 1 instructions on the Commission’s web trict ...... 168 to be included in the GridSouth RTO. City of Williams ...... 192 site at http://www.ferc.fed.us/efi/ Take notice that the staff conference San Carlos Indian Irrigation doorbell.htm. required by the March 14, 2001 order Project ...... 201 will convene at 9:00 a.m. on Thursday, Linwood A. Watson, Jr., Maricopa County Municipal March 29, 2001, in a room to be Acting Secretary. Water Conservation Dis- designated at the Federal Energy trict at Lake Pleasant ...... 209 [FR Doc. 01–7455 Filed 3–23–01; 8:45 am] Regulatory Commission, 888 First BILLING CODE 6717–01–M 1 Formerly Papago Utility Tribal Authority. Street, NE., Washington, DC. 2 APS–FPC/FERC Rate Schedule in effect All parties of record and other during the refund period. interested parties are welcome to attend. DEPARTMENT OF ENERGY 3 APS–FPC/FERC Rate Schedule in effect during the refund period. David P. Boergers, Federal Energy Regulatory Secretary. Any person desiring to be heard or to Commission [FR Doc. 01–7457 Filed 3–23–01; 8:45 am] protest such filing should file a motion BILLING CODE 6717–01–M to intervene or protest with the Federal [Docket No. ER99–3288–001] Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, Arizona Public Service Company; DEPARTMENT OF ENERGY in accordance with Rules 211 and 214 Notice of Filing of the Commission’s Rules of Practice Federal Energy Regulatory March 20, 2001. and Procedure (18 CFR 385.211 and Commission Take notice that on February 6, 2001, 385.214). All such motions and protests [Docket Nos. GT01–14–000 and CP00–424– Arizona Public Service Company (APS), should be filed on or before March 30, 002] tendered for filing Quarterly Refund 2001. Protests will be considered by the payments to eligible wholesale Commission to determine the Distrigas of Massachusetts LLC; customers under the Company’s Fuel appropriate action to be taken, but will Notice of Compliance Filing Cost Adjustment Clause (FAC). not serve to make protestants parties to March 20, 2001. A copy of this filing has been served the proceedings. Any person wishing to Take notice that on March 14, 2001, upon the affected parties, the California become a party must file a motion to Distrigas of Massachusetts LLC tendered Public Utilities Commission, and the intervene. Copies of this filing are on for filing revisions to its FERC Gas Arizona Corporation Commission. file with the Commission and are available for public inspection. This Tariff, First Revised Volume No. 1, to APS–FPC/ filing may also be viewed on the become effective April 13, 2001. Distrigas of Massachusetts LLC states Customer name FERC rate Internet at http://www.ferc.fed.us/ schedule that the purpose of this filing is to online/rims.htm (call 202–208–2222 for comply with the Commission’s order assistance). Comments, protests and Electrical District No. 3 ...... 12 issued December 14, 2000, in Docket Tohono O’odham Utility Au- interventions may be filed electronically No. CP00–424–001. thority1 ...... 52 via the internet in lieu of paper. See, 18 On July 10, 2000, Distrigas of Arizona Electric Power Co- CFR 385.2001(a)(1)(iii) and the Massachusetts Corporation filed with operative ...... 57 instructions on the Commission’s web Welton-Mohawk Irrigation the Secretary of State of Delaware a site at http://www.ferc.fed.us/efi/ certificate of conversion, by the and Drainage District ...... 58 doorbell.htm. Arizona Power Authority ...... 59 acceptance of which Distrigas of Colorado River Indian Irriga- Linwood A. Watson, Jr., Massachusetts Corporation was tion Project ...... 2 65 continued as Distrigas of Massachusetts Acting Secretary. Electrical District No. 1 ...... 68 [FR Doc. 01–7454 Filed 3–23–01; 8:45 am] Arizona Power Pooling ...... 70 1 Carolina Power & Light Company, et al., 94 Town of Wickenburg ...... 74 BILLING CODE 6717–01–M FERC ¶ 61,273.
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LLC, a limited liability company. 79978, filed a request with the Commission has issued this notice, file Distrigas of Massachusetts LLC filed a Commission in Docket No. CP01–105– pursuant to Rule 214 of the petition with the Commission on July 000, pursuant to section 157.205 and Commission’s Procedure Rules (18 CFR 27, 2000, requesting the Commission to 157.216(b) of the Commission’s 385.214) a motion to intervene or notice redesignate, in the name of Distrigas of Regulations under the Natural Gas Act of intervention and pursuant to section Massachusetts LLC, all certificates (NGA) for authorization to abandon by 157.205 of the Regulations under the issued by the Commission and all sale and conveyance to Southwest Gas NGA (18 CFR 157.205) a protest to the proceedings before the Commission Corporation (Southwest), certain request. If no protests is filed within the which were in the name of Distrigas of pipeline facilities authorized in blanket allowed time, the proposed activity Massachusetts Corporation. On certificate issued in Docket Nos. CP82– shall be deemed to be authorized December 14, 2000, the Commission 435–000 and CP88–433–000, all as more effective the day after the time allowed issued an Order Granting Rehearing, fully set forth in the request on file with for filing a protest. If a protest is filed which required, in ordering paragraph the Commission and open to public and not withdrawn within 30 days after (C), that Distrigas of Massachusetts LLC inspection. This filing may be viewed the time allowed for filing a protest, the file, within 90 days of the Order, a on the web at http://www.ferc.fed.us/ instant request shall be treated as an revised tariff bearing its name. The online/rims.htm (call 202–208–2222 for application for authorization pursuant present filing complies with that Order. assistance. to section 7 of the NGA. Comments, Any person desiring to be heard or to El Paso Natural Gas Company protests and interventions may be filed protest said filing should file a motion proposes to abandon by sale and electronically via the internet in lieu of to intervene or a protest with the conveyance to Southwest Gas paper. See, 18 CFR 385.2001(a)(1)(iii) Federal Energy Regulatory Commission, Corporation Line Nos. 2130, 2102 and and the instructions on the 888 First Street, NE., Washington DC 2041, associated taps and the related gas Commission’s web site at http:// 20426, in accordance with Sections service they provide, located in La Paz www.ferc.fed.us/efi/doorbell.htm. 385.214 or 385.211 of the Commission’s and Maricopa Counties, Arizona. El Rules and Regulations. All such motions Paso states that over the succeeding David P. Boergers, or protests must be filed in accordance years, both Parker and Phoenix have Secretary. with Section 154.210 of the experienced tremendous growth in their [FR Doc. 01–7363 Filed 3–23–01; 8:45 am] Commission’s Regulations. Protests will respective populations as additional BILLING CODE 6717–01–M be considered by the Commission in residential and commercial customers determining the appropriate action to be have located in the State of Arizona. taken, but will not serve to make This growth has extended to areas DEPARTMENT OF ENERGY protestants parties to the proceedings. where El Paso’s facilities are located. El Federal Energy Regulatory Any person wishing to become a party Paso reports that Southwest has offered Commission must file a motion to intervene. Copies to purchase Line Nos. 2130, 2102, 2041, of this filing are on file with the and the associated taps, with [Docket Nos. ER01–1051–000 and ER01– Commission and are available for public appurtenances. El Paso states that the 1055–000] inspection in the Public Reference sale would permit the facilities to be Room. This filing may be viewed on the integrated into Southwest’s local Elwood Energy II, LLC and Elwood web at http://www.ferc.fed.us/online/ distribution system and that Southwest Energy III, LLC; Notice of Issuance of rims.htm (call 202–208–2222 for has agreed to maintain and operate the Order assistance). Comments, protests, and facilities. March 20, 2001. interventions may be filed electronically Any questions regarding the Elwood Energy II, LLC and Elwood via the internet in lieu of paper. See, 18 application may be directed to: Energy III, LLC (collectively ‘‘Elwood’’) CFR 385.2001(a)(1)(iii) and the Robert T. Tomlinson, Vice President submitted for filing a rate schedule instructions on the Commission’s web and General Counsel, El Paso Natural under which Elwood will engage in site at http://www.ferc.fed.us/efi/ Gas Company, Post Office Box 1492, wholesale electric power and energy doorbell.htm. El Paso, Texas 79978, Telephone: transactions at market-based rates. David P. Boergers, (915) 496–2600, Facsimile: (915) 496– Elwood also requested waiver of various Secretary. 5008 Commission regulations. In particular, Judy A. Heineman, Director, Regulatory [FR Doc. 01–7369 Filed 3–23–01; 8:45 am] Elwood requested that the Commission Affairs, El Paso Natural Gas Company, grant blanket approval under 18 CFR BILLING CODE 6717–01–M Post Office Box 1492, El Paso, Texas part 34 of all future issuances of 79978, Telephone: (915) 496–2600, securities and assumptions of liability DEPARTMENT OF ENERGY Facsimile: (915) 496–2122 by Elwood. Michael D. Moore, Director, Federal On March 13, 2001, pursuant to Federal Energy Regulatory Agency Relations, El Paso delegated authority, the Director, Commission Corporation, 601 13th Street, NW., Division of Corporate Applications, Suite 850 South, Washington, DC Office of Markets, Tariffs and Rates, [Docket No. CP01–105–000] 20005, Telephone: (202) 662–4310, granted requests for blanket approval El Paso Natural Gas Company; Notice Facsimile: (202) 662–4315 under part 34, subject to the following: G. Mark Cook, Associate General of Request Under Blanket Within thirty days of the date of the Counsel—Pipelines, El Paso Authorization order, any person desiring to be heard Corporation, 2000 M Street, NW., or to protest the blanket approval of March 20, 2001. Suite 300, Washington, DC 20006, issuances of securities or assumptions of Take notice that on March 13, 2001, Telephone: (202) 331–4619, liability by Elwood should file a motion El Paso Natural Gas Company (El Paso), Facsimile: (202) 331–4617 to intervene or protest with the Federal a Delaware Corporation, whose address Any person or the Commission’s staff Energy Regulatory Commission, 888 is Post Office Box 1492, El Paso, Texas may, within 45 days after the First Street, NE., Washington, DC 20426,
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in accordance with Rules 211 and 214 administrative changes to update and First Street, NE., Washington, DC 20426, of the Commission’s Rules of Practice clarify various sections of its tariff. Great in accordance with Rules 211 and 214 and Procedure (18 CFR 385.211 and Lakes also states that none of the of the Commission’s Rules of Practice 385.214). proposed changes will affect any of and Procedure (18 CFR 385.211 and Absent a request to be heard in Great Lakes’ currently effective rates 385.214). All such motions or protests opposition within this period, Elwood is and charges. must be filed on or before March 28, authorized to issue securities and Any person desiring to be heard or to 2001. Protests will be considered by the assume obligations or liabilities as a protest said filing should file a motion Commission in determining the guarantor, indorser, surety, or otherwise to intervene or a protest with the appropriate action to be taken, but will in respect of any security of another Federal Energy Regulatory Commission, not serve to make protestants parties to person; provided that such issuance or 888 First Street, NE., Washington, DC the proceeding. Any person wishing to assumption is for some lawful object 20426, in accordance with Sections become a party must file a motion to within the corporate purposes of the 385.214 or 385.211 of the Commission’s intervene. Copies of this filing are on applicant, and compatible with the the Rules and Regulations. All such motions file with the Commission and are public interest, and is reasonably or protests must be filed in accordance available for public inspection in the necessary or appropriate for such with Section 154.210 of the Public Reference Room. This filing may purposes. Commission’s Regulations. Protests will also be viewed on the Internet at The Commission reserves the right to be considered by the Commission in http://www.ferc.fed.us/online/rims.htm require a further showing that neither determining the appropriate action to be (call 202–208–2222) for assistance. public nor private interests will be taken, but will not serve to make Answers to the complaint shall also be adversely affected by continued protestants parties to the proceedings. due on or before March 28, 2001. approval of Elwood’s issuances of Any person wishing to become a party Comments, protests and interventions securities or assumptions of liability. must file a motion to intervene. Copies may be filed electronically via the Notice is hereby given that the of this filing are on file with the internet in lieu of paper. See, 18 CFR deadline for filing motions to intervene Commission and are available for public 385.2001(a)(1)(iii) and the instructions or protests, as set forth above, is April inspection in the Public Reference on the Commission’s web site at http:/ 12, 2001. Room. This filing may be viewed on the /www.ferc.fed.us/efi/doorbell.htm. Copies of the full text of the Order are web at http://www.ferc.fed.us/online/ available from the Commission’s Public rims.htm (call 202–208–2222 for David P. Boergers, Reference Branch, 888 First Street, NE., assistance). Comments, protests, and Secretary. Washington, DC 20426. The Order may interventions may be filed electronically [FR Doc. 01–7359 Filed 3–23–01; 8:45 am] also be viewed on the Internet at http:/ via the internet in lieu of paper. See, 18 BILLING CODE 6717–01–M /www.ferc.us/online/rims.htm (call 202– CFR 385.2001(a)(1)(iii) and the 208–2222 for assistance). Comments, instructions on the Commission’s web protests, and interventions may be filed site at http://www.ferc.fed.us/efi/ DEPARTMENT OF ENERGY electronically via the internet in lieu of doorbell.htm. Federal Energy Regulatory paper. See, 18 CFR 385.2001(a)(1)(iii) Commission and the instructions on the David P. Boergers, Commission’s web site at http:// Secretary. [Docket No. ER01–1490–000] www.ferc.fed.us/efi/doorbell.htm. [FR Doc. 01–7368 Filed 3–23–01; 8:45 am] BILLING CODE 6717–01–M New York State Reliability Council; David P. Boergers, Notice of Filing Secretary. [FR Doc. 01–7361 Filed 3–23–01; 8:45 am] DEPARTMENT OF ENERGY March 21, 2001. BILLING CODE 6717–01–M Take notice that on March 9, 2001, the Federal Energy Regulatory New York State Reliability Council Commission L.L.C. (NYSRC) tendered for filing with the Federal Energy Regulatory DEPARTMENT OF ENERGY [Docket No. EL01–55–000] Commission (Commission) an Federal Energy Regulatory Mirant Americas Energy Marketing, informational filing advising the Commission L.P., et al. v. New York Independent Commission that the NYSRC has determined that the current Installed [Docket No. RP01–272–000] System Operator, Inc., Notice of Complaint Capacity Requirement (ICR) for the New Great Lakes Gas Transmission Limited York Control Area (NYCA) should be Partnership; Notice of Proposed March 20, 2001. retained for the Capability Year Changes in FERC Gas Tariff Take Notice that on March 16, 2001, beginning on May 1, 2001 and ending Mirant Americas Energy Marketing, on April 30, 2002. March 20, 2001. L.P., Mirant New York, Inc., Mirant Any person desiring to be heard or to Take notice that on March 16, 2001, Bowline, LLC, Mirant Lovett, LLC and protest such filing should file a motion Great Lakes Gas Transmission Limited Mirant NY-Gen, LLC tendered for filing to intervene or protest with the Federal Partnership (Great Lakes) tendered for a Motion to Intervene, Answer and Energy Regulatory Commission, 888 filing as part of its FERC Gas Tariff, Complaint Requesting Fast Track First Street, N.E., Washington, DC Second Revised Volume No. 1 and Procedures. A copy of this filing was 20426, in accordance with Rules 211 Original Volume No. 2, the tariff sheets served upon all persons on the official and 214 of the Commission’s Rules of listed in Appendix A of the filing, to be service list in the captioned proceeding. Practice and Procedure (18 CFR 385.211 effective April 27, 2001. Any person desiring to be heard or to and 385.214). All such motions and Great Lakes states that these tariff protest this filing should file a motion protests should be filed on or before sheets are being filed to implement to intervene or protest with the Federal March 30, 2001. Protests will be procedural, operational, and Energy Regulatory Commission, 888 considered by the Commission to
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determine the appropriate action to be DEPARTMENT OF ENERGY http://www.ferc.fed.us/online/rims.htm taken, but will not serve to make (call 202–208–2222 for assistance). protestants parties to the proceedings. Federal Energy Regulatory Comments, protests, and interventions Any person wishing to become a party Commission may be filed electronically via the must file a motion to intervene. Copies [Docket Nos. ER01–931–000 and ER01–931– internet in lieu of paper. See, 18 CFR of this filing are on file with the 001] 385.2001(a)(1)(iii) and the instructions Commission and are available for public on the Commission’s web site at http:/ inspection. This filing may also be Panda Gila River, L.P.; Notice of /www.ferc.fed.us/efi/doorbell.htm. Issuance of Order viewed on the Internet at http:// David P. Boergers, www.ferc.fed.us/online/rims.htm (call March 20, 2001. Secretary. 202–208–2222 for assistance). Panda Gila River, L.P. (Panda) [FR Doc. 01–7360 Filed 3–23–01; 8:45 am] Comments, protests and interventions submitted for filing a rate schedule BILLING CODE 6717–01–M may be filed electronically via the under which Panda will engage in internet in lieu of paper. See, 18 CFR wholesale electric power and energy 385.2001(a)(1)(iii) and the instructions transactions at market-based rates. DEPARTMENT OF ENERGY on the Commission’s web site at Panda also requested waiver of various http://www.ferc.fed.us/efi/doorbell.htm. Commission regulations. In particular, Federal Energy Regulatory Panda requested that the Commission Commission David P. Boergers, grant blanket approval under 18 CFR [Docket No. RP00–559–003] Secretary. part 34 of all future issuances of [FR Doc. 01–7458 Filed 3–23–01; 8:45 am] securities and assumptions of liability Reliant Energy Gas Transmission BILLING CODE 6717–01–M by Panda. Company; Notice Withdrawing Tariff On March 14, 2001, pursuant to Sheets delegated authority, the Director, DEPARTMENT OF ENERGY Division of Corporate Applications, March 20, 2001. Office of Markets, Tariffs and Rates, Take notice that on March 13, 2001, Federal Energy Regulatory granted requests for blanket approval Reliant Energy Gas Transmission Commission under Part 34, subject to the following: Company (REGT) tendered for filing a Within thirty days of the date of the notice that it was withdrawing tariff sheets filed September 22 and 25, 2000, [Docket No. CP01–49–000] order, any person desiring to be heard or to protest the blanket approval of in this docket. Such sheets were filed as Northwest Pipeline Corporation; Notice issuances of securities or assumptions of part of REGT’s proposed inkind of Site Visit liability by Panda should file a motion balancing option for Shippers under to intervene or protest with the Federal Rate Schedule ANS. Although REGT March 21, 2001. Energy Regulatory Commission, 888 submits that the tariff sheet never became effective, REGT also tendered On Tuesday, April 3, 2001, the Office First Street, NE., Washington, DC 20426, for filing the following substitute tariff of Energy Projects (OEP) staff will in accordance with Rules 211 and 214 sheets, requesting a November 1, 2000 inspect Northwest Pipeline of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and effective date, to restore the tariff Corporation’s (Northwest) proposed provisions on the applicable sheets to route and potential alternative routes for 385.214). Absent a request to be heard in those in effect prior to REGT’s the Everett Delta Project in Snohomish opposition within this period, Panda is September filings: County, Washington. The project area authorized to issue securities and will be inspected by automobile and on Substitute First Revised Sheet No. 10 assume obligations or liabilities as a Substitute First Revised Sheet No. 71 foot, as appropriate. The site visit will guarantor, indorser, surety, or otherwise Substitute First Revised Sheet No. 72 start at 8 a.m. at the Embassy Suites in respect of any security of another Substitute First Revised Sheet No. 74 Hotel lobby at 20610 44th Avenue W., person; provided that such issuance or Substitute First Revised Sheet No. 75 Lynnwood, Washington. assumption is for some lawful object Substitute First Revised Sheet No. 76 Representatives of Northwest will within the corporate purposes of the Substitute Second Revised Sheet No. 311 Substitute First Revised Sheet No. 317 accompany the OEP staff. applicant, and compatible with the All interested parties may attend. public interest, and is reasonably Any person desiring to protest said filings should file a protest with the Those planning to attend must provide necessary or appropriate for such Federal Energy Regulatory Commission, their own transportation. purposes. The Commission reserves the right to 888 First Street, NE., Washington, DC On the day of the site visit, the OEP require a further showing that neither 20426, in accordance with Section staff can be reached at (202) 255–3195. public nor private interests will be 385.211 of the Commission’s Rules and For additional information before the adversely affected by continued Regulations. All such protests must be visit, contact Douglas Sipe of the approval of Panda’s issuances of filed in accordance with Section Commission’s Office of Energy Projects securities or assumptions of liability. 154.210 of the Commission’s at (202) 219–2681. Notice is hereby given that the Regulations. Protests will be considered deadline for filing motions to intervene by the Commission in determining the David P. Boergers, or protests, as set forth above, is April appropriate action to be taken, but will Secretary. 13, 2001. not serve to make protestants parties to [FR Doc. 01–7456 Filed 3–23–01; 8:45 am] Copies of the full text of the Order are the proceedings. Copies of this filing are BILLING CODE 6717–01–M available from the Commission’s Public on file with the Commission and are Reference Branch, 888 First Street, NE., available for public inspection in the Washington, DC 20426. The Order may Public Reference Room. This filing may also be viewed on the Internet at be viewed on the web at http://
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www.ferc.fed.us/online/rims.htm (call internet in lieu of paper. See, 18 CFR adversely affected by continued 202–208–2222 for assistance). 385.2001(a)(1)(iii) and the instructions approval of Union Power’s issuances of Comments, protests and interventions on the Commission’s web site at securities or assumptions of liability. may be filed electronically via the http://www.ferc.fed.us/efi/doorbell.htm. Notice is hereby given that the internet in lieu of paper. See, 18 CFR deadline for filing motions to intervene 385.2001(a)(1)(iii) and the instructions David P. Boergers, or protests, as set forth above, is April on the Commission’s web site at Secretary. 12, 2001. http://www.ferc.fed.us/efi/doorbell.htm. [FR Doc. 01–7364 Filed 3–23–01; 8:45 am] Copies of the full text of the Order are BILLING CODE 6717–01–M David P. Boergers, available from the Commission’s Public Reference Branch, 888 First Street, NE., Secretary. Washington, DC 20426. The Order may [FR Doc. 01–7367 Filed 3–23–01; 8:45 am] DEPARTMENT OF ENERGY also be viewed on the Internet at BILLING CODE 6717–01–M http://www.ferc.fed.us/online/rims.htm Federal Energy Regulatory (call 202–208–2222 for assistance). Commission Comments, protests, and interventions DEPARTMENT OF ENERGY [Docket Nos. ER01–930–000 and ER01–930– may be filed electronically via the Federal Energy Regulatory 001] internet in lieu of paper. See, 18 CFR Commission 385.2001(a)(1)(iii) and the instructions Union Power Partners, L.P.; Notice of on the Commission’s web site at [Docket No. GT99–26–003] Issuance of Order http://www.ferc.fed.us/efi/doorbell.htm. Tennessee Gas Pipeline Company; March 20, 2001. Davis P. Boergers, Notice of Compliance Filing Union Power Partners, L.P. (Union Secretary. Power) submitted for filing a rate [FR Doc. 01–7362 Filed 3–23–01; 8:45 am] March 20, 2001. schedule under which Union Power BILLING CODE 6717–01–M Take notice that on March 13, 2001, will engage in wholesale electric power Tennessee Gas Pipeline Company and energy transactions at market-based (Tennessee), tendered for filing as part rates. Union Power also requested DEPARTMENT OF ENERGY of its FERC Gas Tariff, Fifth Revised waiver of various Commission Volume No. 1, the following revised regulations. In particular, Union Power Federal Energy Regulatory tariff sheet, with an effective date of July requested that the Commission grant Commission 10, 1999: blanket approval under 18 CFR part 34 [Docket No. ER01–181–000, et al.] Substitute Third Revised Sheet No. 159A of all future issuances of securities and Tennessee states that this filing is assumptions of liability by Union New York Independent System being made in compliance with the Power. Operator Inc., et al.; Electric Rate and Commission’s ‘‘Order Accepting On March 13, 2001, pursuant to Corporate Regulation Filings Compliance Filing Subject to delegated authority, the Director, Condition’’ issued on February 26, 2001, Division of Corporate Applications, March 19, 2001. in the above-referenced dockets. Office of Markets, Tariffs and Rates, Take notice that the following filings Tennessee Gas Pipeline Company, 94 granted requests for blanket approval have been made with the Commission: under part 34, subject to the following: FERC 61,224 (2001). Tennessee further 1. New York Independent System Within thirty days of the date of the states that it is requesting an effective Operator Inc. date of July 10, 1999 for this tariff sheet. order, any person desiring to be heard Tennessee requests all waivers of the or to protest the blanket approval of [Docket Nos. ER01–181–000 and ER01–181– Commission’s Regulations that my be issuances of securities or assumptions 001] necessary to allow this filing to become or liability by Union Power should file Take notice that on March 9, 2001, the effective as of July 10, 1999. a motion to intervene or protest with the New York Independent System Any person desiring to protest said Federal Energy Regulatory Commission, Operator, Inc. (NYISO), tendered for filing should file a protest with the 888 First Street, NE., Washington, DC filing a Notice of Withdrawal of its Federal Energy Regulatory Commission, 20426, in accordance with Rules 211 October 20, 2000 filing in Docket No. 888 First Street, NE., Washington, DC and 214 of the Commission’s Rules of ER01–181–000. NYISO requests 20426, in accordance with section Practice and Procedure (18 CFR 385.211 withdrawal of all filings in ER01–181– 385.211 of the Commission’s Rules and and 385.214). 001 as well. Regulations. All such protests must be Absent a request to be heard in The NYISO requests a waiver of the filed in accordance with section 154.210 opposition within this period, Union Commission’s notice requirements so of the Commission’s Regulations. Power is authorized to issue securities that the withdrawal may become Protests will be considered by the and assume obligations or liabilities as effective immediately. Commission in determining the a guarantor, endorser, surety, or The NYISO has served a copy of this appropriate action to taken, but will not otherwise in respect of any security of filing upon each person designated on serve to make protestants parties to the another person; provided that such the official service list in Docket No. proceedings. Copies of this filing are on issuance or assumption is for some ER01–181–000. file with the Commission and are lawful object within the corporate Comment date: March 30, 2001, in available for public inspection in the purposes of the applicant, and accordance with Standard Paragraph E public Reference Room. This filing may compatible with the public interest, and at the end of this notice. be viewed on the web at http:// is reasonably necessary or appropriate 2. International Transmission Company www.ferc.fed.us/online/rims.htm (call for such purposes. 202–208–2222 for assistance). The Commission reserves the right to [Docket No. ER01–1303–000] Comments, protests and interventions require a further showing that neither Take notice that on March 14, 2001, may be filed electronically via the public nor private interests will be International Transmission Company
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(ITC) tendered for filing Notice of between ISO and Aera Energy LLC (SDG&E), tendered for filing an Withdrawal of its unexecuted (Aera) for acceptance by the amendment to its February 27, 2001, Interconnection Agreement with Commission. filing in the above-referenced docket by Dearborn Industrial Generation, L.L.C. The ISO states that this filing has been tendering amended cover sheets for ITC states that the Interconnection served on Aera and the California Public Service Agreements Nos. 1 and 2 to its Agreement was filed with the Utilities Commission. FERC Electric Tariff, First Revised Commission on February 22, 2001 in the The ISO is requesting waiver of the Volume No. 6. Both agreements relate to above-captioned proceeding and that 60-day notice requirement to allow the the interconnection of a new generation the Agreement had not yet been Participating Generator Agreement to be plant to be owned by Otay Mesa accepted or otherwise acted upon by the made effective January 19, 2001. Generation Company, LLC (OMG). Commission. Comment date: April 4, 2001, in SDG&E also tendered page 1 to Comment date: April 4, 2001, in accordance with Standard Paragraph E Appendix D of service Agreement No. 1, accordance with Standard Paragraph E at the end of this notice. which was inadvertently omitted from at the end of this notice. the filing of February 27, 2001. 5. PJM Interconnection, L.L.C. SDG&E states that copies of the 3. Virginia Electric and Power [Docket No. ER01–1533–000] amendment have been served on all Company Take notice that on March 14, 2001, parties and on the California Public [Docket No. ER01–1532–000] PJM Interconnection L.L.C. (PJM), Utilities Commission. Take notice that on March 14, 2001, tendered for filing revisions to Section Comment date: April 3, 2001, in Virginia Electric and Power Company. 6.5 of Schedule 11 of the Amended and accordance with Standard Paragraph E (Dominion Virginia Power or the Restated Operating of PJM at the end of this notices. Company), tendered for filing the Interconnection, L.L.C. The revisions 8. Westar Generating, Inc. following unexecuted Service provide that a market participant’s buy [Docket No. ER01–1305–001] Agreements with Sempra Energy bids in the PJM Capacity Credit markets Trading Corporation (Transmission be less than its lowest sell offer price Take notice that on March 13, 2001, Customer): and that a market participant’s buy bids Westar Generating, Inc., tendered for 1. Unexecuted Third Amended that are higher than its lowest sell offer filing corrections to its February 23, Service Agreement for Firm Point-to- will be rejected. These amendments 2001, filing in the above referenced Point Transmission Service designated address a market design flaw that can docket number. Fourth Revised Service Agreement No. send distorted signals to market Comment date: April 3, 2001, in 253 under the Company’s FERC Electric participants. accordance with Standard Paragraph E Tariff, Second Revised Volume No. 5; Copies of this filing were served upon at the end of this notices. 2. Unexecuted Third Amended on all members of PJM and each electric Standard Paragraph Service Agreement for Non-Firm Point- utility regulatory commission in the E. Any person desiring to be heard or to-Point Transmission Service PJM control area. to protest such filing should file a designated Fourth Revised Service Comment date: April 4, 2001, in motion to intervene or protest with the Agreement No. 49 under the Company’s accordance with Standard Paragraph E Federal Energy Regulatory Commission, FERC Electric Tariff, Second Revised at the end of this notices. 888 First Street, NW., Washington, DC Volume No. 5. 6. Central Maine Power Company 20426, in accordance with Rules 211 The foregoing Service Agreements are and 214 of the Commission’s Rules of [Docket No. ER01–1534–000] tendered for filing under the Company’s Practice and Procedure (18 CFR 385.211 Open Access Transmission Tariff Take notice that on March 14, 2001, and 385.214). All such motions or Eligible Purchasers effective June 7, Central Maine Power Company (CMP), protests should be filed on or before the 2000. Under the tendered Service tendered for filing as an initial rate comment date. Protests will be Agreements, Dominion Virginia Power schedule pursuant to Section 35.12 of considered by the Commission in will provide point-to-point service to the Federal Energy Regulatory determining the appropriate action to be the Transmission Customer under the Commission’s (the Commission) taken, but will not serve to make rates, terms and conditions of the Open Regulations, 18 CFR 35.12, and protestants parties to the proceeding. Access Transmission Tariff. The executed interconnection agreement Any person wishing to become a party Company requests waiver of the (the IA) between CMP and Robbins must file a motion to intervene. Copies Commission’s regulations to permit an Lumber, Inc. (Robbins Lumber). of these filings are on file with the effective date of February 12, 2001. The IA is intended to replace the Commission and are available for public Copies of the filing were served upon Purchased Power Agreement between inspection. This filing may also be Sempra Energy Trading Corporations, the parties, which expired on December viewed on the Internet at http:// the Virginia State Corporation 31, 2000. CMP is requesting that the IA www.ferc.fed.us/online/rims.htm (call Commission, and the North Carolina become effective February 15, 2001. 202–208–2222 for assistance). Utilities Commission. Copies of this filing have been served Comments, protests, and interventions Comment date: April 4, 2001, in upon the Commission, the Maine Public may be filed electronically via the accordance with Standard Paragraph E Utilities Commission, and Robbins internet in lieu of paper. See, 18 CFR at the end of this notice. Lumber. 385.2001(a)(1)(iii) and the instructions Comment date: April 4, 2001, in 4. California Independent System on the Commission’s web site at accordance with Standard Paragraph E Operator Corporation http://www.ferc.fed.us./efi/ at the end of this notices. doorbell.htm. [Docket No. ER01–1531–000] 7. San Diego Gas & Electric Company Take notice that on March 14, 2001, David P. Boergers, the California System Operator [Docket No. ER01–1339–001] Secretary. Corporation (ISO), tendered filing a Take notice that on March 13, 2001, [FR Doc. 01–7358 Filed 3–23–01; 8:45 am] Participating Generator Agreement San Diego Gas & Electric Company BILLING CODE 6717–01–M
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DEPARTMENT OF ENERGY 114 as regards transmission service 6. Niagara Mohawk Power Corporation heretofore provided by Niagara Mohawk [Docket No. ER01–1540–000] Federal Energy Regulatory Power Corporation to the Village of Take notice that on March 15, 2001, Commission Akron, New York pursuant to FERC Niagara Mohawk Power Corporation Rate Schedule No. 114, effective July 1, [Docket No. ER01–1535–000, et al.] tendered for filing Notice of 1998. Cancellation of FERC Rate Schedule No. Niagara Mohawk Power Corporation, et Niagara Mohawk Power Corporation 110 as regards transmission service al., Electric Rate and Corporate requests a rate schedule cancellation heretofore provided by Niagara Mohawk Regulation Filings effective date of December 31, 2000. To Power Corporation to the Village of March 20, 2001. the extent necessary, Niagara Mohawk Boonville, New York pursuant to FERC requests waiver of the Commission Take notice that the following filings Rate Schedule No. 110, effective July 1, requirement that a rate schedule be filed have been made with the Commission: 1998. not less than 60 days or more than 120 Niagara Mohawk Power Corporation 1. Niagara Mohawk Power Corporation days from its effective date. requests a rate schedule cancellation [Docket No. ER01–1535–000] Comment date: April 5, 2001, in effective date of December 31, 2000. To the extent necessary, Niagara Mohawk Take notice that on March 15, 2001, accordance with Standard Paragraph E at the end of this notice. requests waiver of the Commission Niagara Mohawk Power Corporation requirement that a rate schedule be filed tendered for filing a Notice of 4. Niagara Mohawk Power Corporation not less than 60 days or more than 120 Cancellation of FERC Rate Schedule No. [Docket No. ER01–1538–000] days from its effective date. 108 as regards transmission service Comment date: April 5, 2001, in heretofore provided by Niagara Mohawk Take notice that on March 15, 2001, accordance with Standard Paragraph E Power Corporation to the Village of Niagara Mohawk Power Corporation at the end of this notice. Brockton, New York pursuant to FERC tendered for filing Notice of 7. Niagara Mohawk Power Corporation Rate Schedule No. 108, effective July 1, Cancellation of FERC Rate Schedule No. 1998. 137 as regards transmission service [Docket No. ER01–1541–000] Niagara Mohawk Power Corporation heretofore provided by Niagara Mohawk Take notice that on March 15, 2001, requests a rate schedule cancellation Power Corporation to the Village of Niagara Mohawk Power Corporation effective date of December 31, 2000. To Frankfort, New York pursuant to FERC tendered for filing Notice of the extent necessary, Niagara Mohawk Rate Schedule No. 137, effective July 1, Cancellation of FERC Rate Schedule No. requests waiver of the Commission 1998. 119 as regards transmission service requirement that a rate schedule be filed heretofore provided by Niagara Mohawk not less than 60 days or more than 120 Niagara Mohawk Power Corporation requests a rate schedule cancellation Power Corporation to the Village of days from its effective date. Holley, New York pursuant to FERC Comment date: April 20, 2001, in effective date of December 31, 2000. To the extent necessary, Niagara Mohawk Rate Schedule No. 119, effective July 1, accordance with Standard Paragraph E 1998. at the end of this notice. requests waiver of the Commission requirement that a rate schedule be filed Niagara Mohawk Power Corporation 2. Niagara Mohawk Power Corporation not less than 60 days or more than 120 requests a rate schedule cancellation days from its effective date. effective date of December 31, 2000. To [Docket No. ER01–1536–000] the extent necessary, Niagara Mohawk Take notice that on March 15, 2001, Comment date: April 5, 2001, in requests waiver of the Commission Niagara Mohawk Power Corporation accordance with Standard Paragraph E requirement that a rate schedule be filed tendered for filing a Notice of at the end of this notice. not less than 60 days or more than 120 Cancellation of FERC Rate Schedule No. 5. Niagara Mohawk Power Corporation days from its effective date. 103 as regards transmission service Comment date: April 5, 2001, in heretofore provided by Niagara Mohawk [Docket No. ER01–1539–000] accordance with Standard Paragraph E Power Corporation to the Village of Take notice that on March 15, 2001, at the end of this notice. Andover, New York pursuant to FERC Niagara Mohawk Power Corporation Rate Schedule No. 103, effective July 1, 8. Niagara Mohawk Power Corporation tendered for filing Notice of 1998. Cancellation of FERC Rate Schedule No. [Docket No. ER01–1542–000] Niagara Mohawk Power Corporation 112 as regards transmission service Take notice that on March 15, 2001, requests a rate schedule cancellation heretofore provided by Niagara Mohawk Niagara Mohawk Power Corporation effective date of December 31, 2000. To Power Corporation to the Village of tendered for filing Notice of the extent necessary, Niagara Mohawk Churchville, New York pursuant to Cancellation of FERC Rate Schedule No. requests waiver of the Commission FERC Rate Schedule No. 112, effective 104 as regards transmission service requirement that a rate schedule be filed July 1, 1998. heretofore provided by Niagara Mohawk not less than 60 days or more than 120 Power Corporation to the Village of days from its effective date. Niagara Mohawk Power Corporation Arcade, New York pursuant to FERC Comment date: April 5, 2001, in requests a rate schedule cancellation Rate Schedule No. 104, effective July 1, accordance with Standard Paragraph E effective date of December 31, 2000. To 1998. at the end of this notice. the extent necessary, Niagara Mohawk Niagara Mohawk Power Corporation requests waiver of the Commission 3. Niagara Mohawk Power Corporation requests a rate schedule cancellation requirement that a rate schedule be filed effective date of December 31, 2000. To [Docket No. ER01–1537–000] not less than 60 days or more than 120 the extent necessary, Niagara Mohawk Take notice that on March 15, 2001, days from its effective date. requests waiver of the Commission Niagara Mohawk Power Corporation Comment date: April 5, 2001, in requirement that a rate schedule be filed tendered for filing Notice of accordance with Standard Paragraph E not less than 60 days or more than 120 Cancellation of FERC Rate Schedule No. at the end of this notice. days from its effective date.
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Comment date: April 5, 2001, in the extent necessary, Niagara Mohawk Power Corporation to the Village of accordance with Standard Paragraph E requests waiver of the Commission Skaneateles, New York pursuant to at the end of this notice. requirement that a rate schedule be filed FERC Rate Schedule No. 136, effective not less than 60 days or more than 120 July 1, 1998. 9. Niagara Mohawk Power Corporation days from its effective date. Niagara Mohawk Power Corporation [Docket No. ER01–1543–000] Comment date: April 5, 2001, in requests a rate schedule cancellation Take notice that on March 15, 2001, accordance with Standard Paragraph E effective date of December 31, 2000. To Niagara Mohawk Power Corporation at the end of this notice. the extent necessary, Niagara Mohawk tendered for filing a Notice of 12. Niagara Mohawk Power requests waiver of the Commission Cancellation of FERC Rate Schedule No. Corporation requirement that a rate schedule be filed 106 as regards transmission service not less than 60 days or more than 120 [Docket No. ER01–1546–000] heretofore provided by Niagara Mohawk days from its effective date. Power Corporation to the Village of Take notice that on March 15, 2001, Ilion, New York pursuant to FERC Rate Niagara Mohawk Power Corporation Comment date: April 5, 2001, in Schedule No. 106, effective July 1, 1998. tendered for filing Notice of accordance with Standard Paragraph E Niagara Mohawk Power Corporation Cancellation of FERC Rate Schedule No. at the end of this notice. requests a rate schedule cancellation 113 as regards transmission service 15. Niagara Mohawk Power effective date of December 31, 2000. To heretofore provided by Niagara Mohawk Corporation the extent necessary, Niagara Mohawk Power Corporation to the Village of requests waiver of the Commission Philadelphia, New York pursuant to [Docket No. ER01–1549–000] requirement that a rate schedule be filed FERC Rate Schedule No. 113, effective Take notice that on March 15, 2001, not less than 60 days or more than 120 July 1, 1998. Niagara Mohawk Power Corporation days from its effective date. Niagara Mohawk Power Corporation tendered for filing Notice of Comment date: April 5, 2001, in requests a rate schedule cancellation Cancellation of FERC Rate Schedule No. accordance with Standard Paragraph E effective date of December 31, 2000. To 111 as regards transmission service at the end of this notice. the extent necessary, Niagara Mohawk heretofore provided by Niagara Mohawk requests waiver of the Commission 10. Niagara Mohawk Power Power Corporation to the Village of requirement that a rate schedule be filed Corporation Wellsville, New York pursuant to FERC not less than 60 days or more than 120 Rate Schedule No. 111, effective July 1, [Docket No. ER01–1544–000] days from its effective date. 1998. Take notice that on March 15, 2001, Comment date: April 5, 2001, in Niagara Mohawk Power Corporation Niagara Mohawk Power Corporation accordance with Standard Paragraph E requests a rate schedule cancellation tendered for filing Notice of at the end of this notice. effective date of December 31, 2000. To Cancellation of FERC Rate Schedule No. 13. Niagara Mohawk Power the extent necessary, Niagara Mohawk 107 as regards transmission service Corporation requests waiver of the Commission heretofore provided by Niagara Mohawk requirement that a rate schedule be filed Power Corporation to the Village of [Docket No. ER01–1547–000] not less than 60 days or more than 120 Little Valley, New York pursuant to Take notice that on March 15, 2001, days from its effective date. FERC Rate Schedule No. 107, effective Niagara Mohawk Power Corporation July 1, 1998. tendered for filing Notice of Comment date: April 5, 2001, in Niagara Mohawk Power Corporation Cancellation of FERC Rate Schedule No. accordance with Standard Paragraph E requests a rate schedule cancellation 109 as regards transmission service at the end of this notice. effective date of December 31, 2000. To heretofore provided by Niagara Mohawk 16. Niagara Mohawk Power the extent necessary, Niagara Mohawk Power Corporation to the Village of Corporation requests waiver of the Commission Salamanca, New York pursuant to FERC requirement that a rate schedule be filed Rate Schedule No. 109, effective July 1, [Docket No. ER01–1550–000] not less than 60 days or more than 120 1998. Take notice that on March 15, 2001, days from its effective date. Niagara Mohawk Power Corporation Niagara Mohawk Power Corporation Comment date: April 5, 2001, in requests a rate schedule cancellation tendered for filing Notice of accordance with Standard Paragraph E effective date of December 31, 2000. To Cancellation of FERC Rate Schedule No. at the end of this notice. the extent necessary, Niagara Mohawk 105 as regards transmission service requests waiver of the Commission 11. Niagara Mohawk Power heretofore provided by Niagara Mohawk requirement that a rate schedule be filed Corporation Power Corporation to the Village of not less than 60 days or more than 120 Springville, New York pursuant to FERC [Docket No. ER01–1545–000] days from its effective date. Rate Schedule No. 105, effective July 1, Comment date: April 5, 2001, in Take notice that on March 15, 2001, 1998. Niagara Mohawk Power Corporation accordance with Standard Paragraph E tendered for filing a Notice of at the end of this notice. Niagara Mohawk Power Corporation Cancellation of FERC Rate Schedule No. requests a rate schedule cancellation 14. Niagara Mohawk Power effective date of December 31, 2000. To 121 as regards transmission service Corporation heretofore provided by Niagara Mohawk the extent necessary, Niagara Mohawk Power Corporation to the Village of [Docket No. ER01–1548–000] requests waiver of the Commission Mohawk, New York pursuant to FERC Take notice that on March 15, 2001, requirement that a rate schedule be filed Rate Schedule No. 121, effective July 1, Niagara Mohawk Power Corporation not less than 60 days or more than 120 1998. tendered for filing Notice of days from its effective date. Niagara Mohawk Power Corporation Cancellation of FERC Rate Schedule No. Comment date: April 5, 2001, in requests a rate schedule cancellation 136 as regards transmission service accordance with Standard Paragraph E effective date of December 31, 2000. To heretofore provided by Niagara Mohawk at the end of this notice.
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17. Niagara Mohawk Power FERC ¶ 61,131 (2001). In that order, the The Applicant is a Connecticut Corporation Commission accepted, subject to limited liability company formed for the [Docket No. ER01–1551–000] modification, an amendment to the purpose of operating a 250 MW natural Open Access Transmission Tariff of gas-fired generation facility located in Take notice that on March 15, 2001, Southern Companies (FERC Electric Wallingford, Connecticut. The Niagara Mohawk Power Corporation Tariff, Fourth Revised Volume No. 5) Applicant is an indirect subsidiary of tendered for filing Notice of (Tariff). PPL Corporation, a public utility Cancellation of FERC Rate Schedule No. The purpose of the amendment was to holding company exempt from 116 as regards transmission service incorporate into the Tariff specific registration under Section 3(a)(1) of the heretofore provided by Niagara Mohawk Creditworthiness criteria, Procedures for Public Utility Holding Company Act of Power Corporation to the Village of Obtaining Interconnection Service, and 1935. Theresa, New York pursuant to FERC Source and Sink Requirements for Comment date: April 10, 2001, in Rate Schedule No. 116, effective July 1, Point-to-Point Transmission Service. accordance with Standard Paragraph E 1998. The Order required that several Niagara Mohawk Power Corporation at the end of this notice. The revisions be made to the Commission will limit its consideration requests a rate schedule cancellation Interconnection Procedures, established effective date of December 31, 2000. To of comments to those that concern the an effective date of February 13, 2001, adequacy or accuracy of the application. the extent necessary, Niagara Mohawk and otherwise accepted the amendment requests waiver of the Commission for filing. In their compliance filing (a 23. PPL Leasing Company, LLC requirement that a rate schedule be filed copy of which is posted on their OASIS [Docket No. EG01–154–000] not less than 60 days or more than 120 site), Southern Companies incorporated days from its effective date. Take notice that on March 15, 2001, those changes into the Tariff. PPL Leasing Company, LLC (Applicant), Comment date: April 5, 2001, in Comment date: April 4, 2001, in having its principal place of business at accordance with Standard Paragraph E accordance with Standard Paragraph E Two North Ninth Street, Allentown, PA at the end of this notice. at the end of this notice. 18101, filed with the Federal Energy 18. Idaho Power Company 21. GenPower Earleys, LLC Regulatory Commission (Commission) [Docket No. ER01–1552–000] [Docket No. EG01–152–000] an application for determination of exempt wholesale generator status Take notice that on March 15, 2001, Take notice that on March 15, 2001, pursuant to Part 365 of the Idaho Power Company (IPC), tendered GenPower Earleys, LLC (Applicant), a Commission’s regulations. for filing with the Federal Energy Delaware limited liability company, The Applicant is a Connecticut Regulatory Commission a Service whose address is 1040 Great Plain limited liability company formed for the Agreement for Firm Point-to-Point Avenue, Needham, MA, filed with the purpose of owning five natural gas-fired Transmission Service between Idaho Federal Energy Regulatory Commission Power Company and Conoco Gas and an application for determination of turbines located in Wallingford, Power Marketing, a Division of Conoco exempt wholesale generator status Connecticut and leasing those turbines Inc. pursuant to Part 365 of the to PPL Wallingford Energy LLC. The Comment date: April 5, 2001, in Commission’s regulations. Applicant is an indirect subsidiary of accordance with Standard Paragraph E Applicant intends to construct an PPL Corporation, a public utility at the end of this notice. approximate 640 MW natural gas-fired holding company exempt from registration under Section 3(a)(1) of the 19. Idaho Power Company combined cycle independent power production facility in Hartford County, Public Utility Holding Company Act of [Docket No. ER01–1553–000] North Carolina (the Facility). The 1935. Take notice that on March 15, 2001, Facility is currently under development Comment date: April 10, 2001, in Idaho Power Company (IPC), tendered and will be owned by Applicant. accordance with Standard Paragraph E for filing with the Federal Energy Electric energy produced by the Facility at the end of this notice. The Regulatory Commission a Service will be sold by Applicant to the Commission will limit its consideration Agreement for Firm and Non-Firm wholesale power market in the southern of comments to those that concern the Point-to-Point Transmission Service United States. adequacy or accuracy of the application. between Idaho Power Company and Comment date: April 10, 2001, in 24. Northern Iowa Windpower LLC Merchant Energy Group of the accordance with Standard Paragraph E Americas. at the end of this notice. The [Docket No. EG01–155–000] Comment date: April 5, 2001, in Commission will limit its consideration Take notice that on March 16, 2001, accordance with Standard Paragraph E of comments to those that concern the Northern Iowa Windpower LLC at the end of this notice. adequacy or accuracy of the application. (Northern Iowa) filed with the Federal Energy Regulatory Commission an 20. Southern Company Services, Inc. 22. PPL Wallingford Energy LLC Application for Determination of [Docket No. ER01–668–002] [Docket No. EG01–153–000] Exempt Wholesale Generator Status Take notice that on March 14, 2001, Take notice that on March 15, 2001, pursuant to part 365 of the Southern Company Services, Inc., acting PPL Wallingford Energy LLC Commission’s regulations. on behalf of Alabama Power Company, (Applicant), having its principal place Northern Iowa is developing a wind- Georgia Power Company, Gulf Power of business at Two North Ninth Street, powered eligible facility with a capacity Company, Mississippi Power Company, Allentown, Pennsylvania 18101, filed of 80 megawatts, powered by and Savannah Electric and Power with the Federal Energy Regulatory approximately eighty-nine (89) wind Company (collectively referred to as Commission (Commission) an turbine generators, which will be Southern Companies), tendered for application for determination of exempt located in Worth County, Iowa. filing in compliance with the Federal wholesale generator status pursuant to Comment date: April 10, 2001, in Energy Regulatory Commission’s Order Part 365 of the Commission’s accordance with Standard Paragraph E in Southern Company Services, Inc., 94 regulations. at the end of this notice. The
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Commission will limit its consideration 385.2001(a)(1)(iii) and the instructions k. Description of Project: The of comments to those that concern the on the Commission’s web site at http:/ proposed project would consist of: (1) adequacy or accuracy of the application. /www.ferc.fed.us/efi/doorbell.htm. An existing 15-foot-long, 4-foot-high Central Utah Canal Company Diversion 25. Rail Energy of Montana, LLC David P. Boergers, Dam; (2) an existing 10,000-foot-long, [Docket No. EG01–156–000] Secretary. 34-foot wide canal; (3) a proposed 560- Take notice that on March 16, 2001, [FR Doc. 01–7453 Filed 3–23–01; 8:45 am] foot-long steel pentock; (4) a proposed Rail Energy of Montana (REM), a BILLING CODE 6717–01–U powerhouse containing two generating Montana limited liability company, 101 units having a total installed capacity of International Way, Missoula, MT, 59807 3.88 MW; (5) a proposed 15-foot-long filed with the Federal Energy Regulatory DEPARTMENT OF ENERGY concrete tailrace; (6) a proposed 69 kV Commission as application for transmission line; and (6) appurtenant Federal Energy Regulatory determination of exempt wholesale facilities. Commission generator status pursuant to Part 365 of The project would have an annual the Commission’s regulations. Notice of Application Accepted for generation of 28.3 GWh that would be REM is engaged directly and Filing and Soliciting Motions To sold to a local utility. l. A copy of the application is exclusively in the business of owning Intervene, Protests, and Comments and operating all or part of one or more available for inspection and eligible facilities and selling electric March 20, 2001. reproduction at the Commission’s energy and capacity at wholesale. REM Take notice that the following Public Reference Room, located at 888 intends to produce electricity using idle hydroelectric application has been filed First Street, NE, Room 2A, Washington, locomotives. REM is owned by with the Commission and is available D.C. 20426, or by calling (202) 208– Commercial Energy of Montana and for public inspection: 1371. The application may be viewed on Montana Rail Link. a. Type of Application: Preliminary http://www.ferc.fed.us/online/rims.htm Comment date: April 10, 2001, in Permit. (call (202) 208–2222 for assistance). A accordance with Standard Paragraph E b. Project No.: 11881–000. copy is also available for inspection and at the end of this notice. The c. Date filed: February 6, 2001. reproduction at the address in item h Commission will limit its consideration d. Applicant: Leota Enterprises. above. of comments to those that concern the e. Name of Project: Leamington m. Preliminary Permit—Anyone adequacy or accuracy of the application. Canyon Project. desiring to file a competing application f. Location: On Sevier River in Uintah for preliminary permit for a proposed 26. PPL Leasing Company, LLC County, Utah. Project would utilize no project must submit the competing [Docket No. EL01–53–000] federal land or facilities. application itself, or a notice of intent to Take notice that on March 15, 2001, g. Filed Pursuant to: Federal Power file such an application, to the PPL Leasing Company, LLC filed with Act, 16 U.S.C. 791(a)–825(r). Commission on or before the specified the Federal Energy Regulatory h. Applicant Contact: Mr. Don E. comment date for the particular Commission a Petition for Declaratory Jorgensen, President, Leota Enterprises, application (see 18 CFR 4.36). Order Disclaiming Jurisdiction. HC 69 Box 176, Randlett, UT 84063 Submission of a timely notice of intent Comment date: April 6, 2001, in (435) 545–2509. allows an interested person to file the accordance with Standard Paragraph E i. FERC Contact: Robert Bell, (202) competing preliminary permit at the end of this notice. 219–2806. application no later than 30 days after j. Deadline for Filing Motions to the specified comment date for the Standard Paragraph Intervene, Protests and Comments: 60 particular application. A competing E. Any person desiring to be heard or days from the issuance date of this preliminary permit application must to protest such filing should file a notice. conform with 18 CFR 4.30(b) and 4.36. motion to intervene or protest with the All documents (original and eight n. Preliminary Permit—Any qualified Federal Energy Regulatory Commission, copies) should be filed with: David P. development applicant desiring to file a 888 First Street, NE., Washington, DC Boergers, Secretary, Federal Energy competing development application 20426, in accordance with Rules 211 Regulatory Commission, 888 First must submit to the Commission, on or and 214 of the Commission’s Rules of Street, NE, Washington, DC 20426. before a specified comment date for the Practice and Procedure (18 CFR 385.211 Comments recommendation, particular application, either a and 385.214). All such motions or interventions, and protests, may be competing development application or a protests should be filed on or before the electronically filed via the internet in notice of intent to file such an comment date. Protests will be lieu of paper. See 18 CFR application. Submission of a timely considered by the Commission in 385.2001(a)(1)(iii) and the instructions notice of intent to file a development determining the appropriate action to be on the Commission’s web site at http:/ application allows an interested person taken, but will not serve to make /www.ferc.fed.us/efi/doorbell.htm. to file the competing application no protestants parties to the proceeding. The Commission’s Rules of Practice later than 120 days after the specified Any person wishing to become a party and Procedure require all interveners comment date for the particular must file a motion to intervene. Copies filing documents with the Commission application. A competing license of these filings are on file with the to serve a copy of that document on application must conform with 18 CFR Commission and are available for public each person in the official service list 4.30(b) and 4.36. inspection. This filing may also be for the project. Further, if an intervener o. Notice of intent—A notice of intent viewed on the Internet at http:// files comments or documents with the must specify the exact name, business www.ferc.fed.us/online/rims.htm (call Commission relating to the merits of an address, and telephone number of the 202–208–2222 for assistance). issue that may affect the responsibilities prospective applicant, and must include Comments, protests, and interventions of a particular resource agency, they an unequivocal statement of intent to may be filed electronically via the must also serve a copy of the document submit, if such an application may be internet in lieu of paper. See, 18 CFR on that resource agency. filed, either a preliminary permit
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application or a development DEPARTMENT OF ENERGY This is a list of matters to be application (specify which type of considered by the commission. It does application). A notice of intent must be Federal Energy Regulatory not include a listing of all papers served on the applicant(s) named in this Commission relevant to the items on the agenda; however, all public documents may be public notice. [Docket Nos. RP00–332–000, RP00–597– p. Proposed Scope of Studies under 000, and RP00–597–001] examined in the reference and Permit—A preliminary permit if issued, information center. does not authorize construction. The ANR Pipeline Company; Notice of Technical Conference 763RD—Meeting March 28, 2001 Regular term of the proposed preliminary permit Meeting 10:00 a.m. would be 36 months. The work March 20, 2001. proposed under the preliminary permit Consent Agenda—Markets, Tariffs and On June 15, 2000, ANR Pipeline would include economic analysis, Rates—Electric Company (ANR) filed in compliance preparation of preliminary engineering CAE–1. with Order No. 637. A technical DOCKET# ER01–958 000 NEVADA plans, and a study of environmental conference to discuss the various issues impacts. Based on the results of these POWER COMPANY raised by ANR’s filing was held on CAE–2. studies, the Applicant would decide September 20, 2000, October 4, 2000, DOCKET# ER01–1134 000 CANAL whether to proceed with the preparation November 15, 2000, January 11, 2001, ELECTRIC COMPANY of a development application to and February 6, 2001. CAE–3. construct and operate the project. Take notice that an additional session DOCKET# ER01–1107 000 AMERICAN q. Comments, Protests, or Motions to of the technical conference will be held TRANSMISSION COMPANY, LLC Intervene—Anyone may submit Wednesday, April 4, 2001, beginning at CAE–4. OMITTED comments, a protest, or a motion to 11 a.m. in a room to be designated at the CAE–5. intervene in accordance with the offices of the Federal Energy Regulatory DOCKET# ER01–1213 000 NEW YORK requirements of Rules of Practice and Commission, 888 First Street, NW., INDEPENDENT SYSTEM OPERATOR, Procedure, 18 CFR 385.210, .211, .214. Washington, DC 20426. INC. In determining the appropriate action to Persons who wish to participate by CAE–6. take, the Commission will consider all telephone may call 1–888–658–8648 at OMITTED protests or other comments filed, but 11 a.m. Please tell the operator that you CAE–7. only those who file a motion to wish to participate in Katherine OMITTED intervene in accordance with the Waldbauer’s conference call, and the CAE–8. DOCKET# ER00–3591 000 NEW YORK Commission’s Rules may become a passcode is WALDBAUER INDEPENDENT SYSTEM OPERATOR, party to the proceeding. Any comments, All interested persons and Staff are INC. protests, or motions to intervene must permitted to attend. OTHER#S ER00–1969 000 NEW YORK be received on or before the specified INDEPENDENT SYSTEM OPERATOR, David P. Boergers, comment date for the particular INC.; ER01–94 000 NEW YORK application. Secretary. INDEPENDENT SYSTEM OPERATOR, [FR Doc. 01–7366 Filed 3–23–01; 8:45 am] INC.; ER01–180 000 NEW YORK r. Filing and Service of Responsive BILLING CODE 6717–01–M INDEPENDENT SYSTEM OPERATOR, Documents—Any filings must bear in INC. all capital letters the title CAE–9. ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT DEPARTMENT OF ENERGY DOCKET# ER94–571 000 ALABAMA TO FILE COMPETING APPLICATION’’, POWER COMPANY ‘‘COMPETING APPLICATION’’, Federal Energy Regulatory CAE–10. ‘‘PROTEST’’, ‘‘MOTION TO Commission DOCKET# ER94–775 000 SOUTHERN INTERVENE’’, as applicable, and the CALIFORNIA EDISON COMPANY, Project Number of the particular Sunshine Act Meeting PACIFIC GAS AND ELECTRIC COMPANY AND SAN DIEGO GAS & application to which the filing refers. ELECTRIC COMPANY Any of the above-named documents March 21, 2001. The Following Notice of Meeting is CAE–11. must be filed by providing the original DOCKET# ER96–2295 000 FLORIDA and the number of copies provided by Published Pursuant to Section 3(A) of POWER CORPORATION the Commission’s regulations to: The the Government in the Sunshine Act CAE–12. Secretary, Federal Energy Regulatory (Pub. L. No. 94–409), 5 U.S.C. 552B: DOCKET# ER99–196 001 PJM Commission, 888 First Street, NE., AGENCY HOLDING MEETING: Federal INTERCONNECTION, L.L.C. Washington, DC 20426. An additional Energy Regulatory Commission. CAE–13. DOCKET# RT01–67 000 GRIDFLORIDA copy must be sent to Director, Division DATE AND TIME: March 28, 2001, 10:00 LLC, FLORIDA POWER & LIGHT of Hydropower Administration and A.M. COMPANY, FLORIDA POWER Compliance, Federal Energy Regulatory PLACE: Room 2C, 888 First Street, NE., CORPORATION AND TAMPA Commission, at the above-mentioned Washington, DC 20426. ELECTRIC COMPANY address. A copy of any notice of intent, OTHER#S RT01–67 001 GRIDFLORIDA STATUS: Open. competing application or motion to LLC, FLORIDA POWER & LIGHT intervene must also be served upon each MATTERS TO BE CONSIDERED: Agenda. COMPANY, FLORIDA POWER representative of the Applicant Note: Items listed on the agenda may be CORPORATION AND TAMPA specified in the particular application. deleted without further notice. ELECTRIC COMPANY CAE–14. CONTACT PERSON FOR MORE INFORMATION: David P. Boergers, DOCKET# EL00–105 001 CITY OF David P. Boergers, Secretary, telephone VERNON, CALIFORNIA Secretary. (202) 208–0400, for a recording listing CAE–15. [FR Doc. 01–7365 Filed 3–23–01; 8:45 am] items stricken from or added to the DOCKET# ER00–2415 000 ENTERGY BILLING CODE 6717–01–M meeting, call (202) 208–1627. SERVICES, INC.
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OTHER#S EL00–106 000 ENTERGY CAE–29. CAG–4. SERVICES, INC., ER00–2415 001 DOCKET# ER00–3412 001 AMEREN DOCKET# RP95–197 038 ENTERGY SERVICES, INC. ENERGY GENERATING COMPANY TRANSCONTINENTAL GAS PIPE LINE CAE–16. CAE–30. CORPORATION DOCKET# ER96–237 002 NEW ENGLAND DOCKET# ER00–3591 003 NEW YORK OTHER#S RP97–71 015 POWER COMPANY INDEPENDENT SYSTEM OPERATOR, TRANSCONTINENTAL GAS PIPE LINE CAE–17. INC. CORPORATION DOCKET# TX97–9 000 CINERGY OTHER#S ER00–1969 001 NEW YORK CAG–5. SERVICES, INC. INDEPENDENT SYSTEM OPERATOR, DOCKET# RP97–288 013 CAE–18. INC.; ER00–3591 004 NEW YORK TRANSWESTERN PIPELINE COMPANY OMITTED INDEPENDENT SYSTEM OPERATOR, OTHER#S RP97–288 009 CAE–19. INC. TRANSWESTERN PIPELINE OMITTED CAE–31. COMPANY; RP97–288 010 CAE–20. DOCKET# ER00–3688 001 AMERICAN TRANSWESTERN PIPELINE OMITTED ELECTRIC POWER SERVICE COMPANY; RP97–288 011 CAE–21. CORPORATION TRANSWESTERN PIPELINE DOCKET# TX93–4 004 FLORIDA CAE–32. COMPANY; RP97–288 012 MUNICIPAL POWER AGENCY V. DOCKET# ER00–3316 001 AMERICAN TRANSWESTERN PIPELINE FLORIDA POWER & LIGHT COMPANY TRANSMISSION COMPANY LLC COMPANY; RP97–288 014 OTHER#S EL93–51 003 FLORIDA CAE–33. TRANSWESTERN PIPELINE MUNICIPAL POWER AGENCY V. DOCKET# EG01–120 000 NEW HAVEN COMPANY; RP97–288 015 FLORIDA POWER & LIGHT COMPANY HARBOR POWER LLC TRANSWESTERN PIPELINE COMPANY CAE–22. OTHER#S EG01–121 000 NRG CAG–6. DOCKET# ER99–230 001 ALLIANT CONNECTICUT POWER ASSETS LLC; DOCKET# RP01–243 000 PINE NEEDLE SERVICES COMPANY EG01–122 000 BRIDGEPORT HARBOR LNG COMPANY, LLC CAE–23. POWER LLC CAG–7. DOCKET# RP99–518 019 PG&E GAS OMITTED CAE–34. TRANSMISSION, NORTHWEST CAE–24. DOCKET# ER01–702 000 AMERICAN CORPORATION OMITTED TRANSMISSION COMPANY, L.L.C. CAG–8. CAE–25. CAE–35. DOCKET# ER98–3594 003 CALIFORNIA DOCKET# RP01–242 000 SOUTHERN DOCKET# EL99–3 000 MIDAMERICAN NATURAL GAS COMPANY INDEPENDENT SYSTEM OPERATOR ENERGY COMPANY CAG–9. CORPORATION CAE–36. DOCKET# RP01–87 001 TENNESSEE GAS OTHER#S ER98–3594 004 CALIFORNIA DOCKET# EL01–31 000 RUMFORD PIPELINE COMPANY INDEPENDENT SYSTEM OPERATOR POWER ASSOCIATES L.P. AND CAG–10. CORPORATION; ER98–3594 005 TIVERTON POWER ASSOCIATES L.P. DOCKET# RP01–236 000 CALIFORNIA INDEPENDENT SYSTEM CAE–37. TRANSCONTINENTAL GAS PIPE LINE OPERATOR CORPORATION; ER00– DOCKET# EL00–99 000 MAINE PUBLIC CORPORATION 1239 002 CALIFORNIA INDEPENDENT UTILITIES COMMISSION, UNITED OTHER#S RP00–481 000 SYSTEM OPERATOR CORPORATION ILLUMINATING COMPANY AND TRANSCONTINENTAL GAS PIPE LINE CAE–26. BANGOR HYDRO-ELECTRIC CORPORATION; RP00–553 003 DOCKET# ER97–1523 026 CENTRAL COMPANY V. ISO NEW ENGLAND, TRANSCONTINENTAL GAS PIPE LINE HUDSON GAS & ELECTRIC INC. CORPORATION CORPORATION, CONSOLIDATED OTHER#S EL00–100 000 MAINE PUBLIC CAG–11. EDISON COMPANY OF NEW YORK, UTILITIES COMMISSION, UNITED DOCKET# RP01–246 000 NATURAL GAS INC., NEW YORK STATE ELECTRIC & ILLUMINATING COMPANY AND PIPELINE COMPANY OF AMERICA GAS CORPORATION, NIAGARA BANGOR HYDRO-ELECTRIC CAG–12. MOHAWK POWER CORPORATION, COMPANY V. ISO NEW ENGLAND, DOCKET# RP01–256 000 WILLISTON ORANGE AND ROCKLAND UTILITIES, INC.; EL00–112 000 MAINE PUBLIC BASIN INTERSTATE PIPELINE INC. AND ROCHESTER GAS AND UTILITIES COMMISSION, UNITED COMPANY ELECTRIC CORPORATION ILLUMINATING COMPANY AND CAG–13. OTHER#S OA97–470 024 CENTRAL BANGOR HYDRO-ELECTRIC OMITTED HUDSON GAS & ELECTRIC COMPANY V. ISO NEW ENGLAND, CAG–14. CORPORATION, CONSOLIDATED INC. DOCKET# RP01–259 000 ANR PIPELINE EDISON COMPANY OF NEW YORK, CAE–38. COMPANY INC., NEW YORK STATE ELECTRIC & OMITTED CAG–15. GAS CORPORATION, NIAGARA CAE–39. DOCKET# RP01–267 000 NORTHERN MOHAWK POWER CORPORATION, DOCKET# RT01–34 000 SOUTHWEST BORDER PIPELINE COMPANY ORANGE AND ROCKLAND UTILITIES, POWER POOL, INC. CAG–16. INC. AND ROCHESTER GAS AND OTHER#S EC99–101 003 NORTHERN DOCKET# RP01–247 000 VIKING GAS ELECTRIC CORPORATION; ER97–4234 STATES POWER COMPANY TRANSMISSION COMPANY 022 CENTRAL HUDSON GAS & (MINNESOTA) AND NEW CENTURY CAG–17. ELECTRIC CORPORATION, ENERGIES, INC.; RT01–75 000 DOCKET# RP01–238 000 TENNESSEE CONSOLIDATED EDISON COMPANY ENTERGY SERVICES, INC. GAS PIPELINE COMPANY OF NEW YORK, INC., NEW YORK CAG–18. STATE ELECTRIC & GAS Consent Agenda—Markets, Tariffs and DOCKET# RP01–262 000 COLUMBIA GAS CORPORATION, NIAGARA MOHAWK Rates—Gas TRANSMISSION CORPORATION POWER CORPORATION, ORANGE AND CAG–1. CAG–19. ROCKLAND UTILITIES, INC. AND OMITTED DOCKET# RP01–240 000 ANR PIPELINE ROCHESTER GAS AND ELECTRIC CAG–2. COMPANY CORPORATION DOCKET# RP01–239 000 TENNESSEE CAG–20. CAE–27. GAS PIPELINE COMPANY OMITTED OMITTED CAG–3. CAG–21. CAE–28. DOCKET# RP01–245 000 DOCKET# RP01–253 000 DOCKET# ER00–3090 001 PJM TRANSCONTINENTAL GAS PIPE LINE TRANSCONTINENTAL GAS PIPE LINE INTERCONNECTION, INC. CORPORATION CORPORATION
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CAG–22. CAG–39. CAC–8. DOCKET# RP01–249 000 TRUNKLINE DOCKET# MG01–19 000 SOUTHERN DOCKET# CP01–40 000 BITTER CREEK GAS COMPANY NATURAL GAS COMPANY PIPELINES, LLC CAG–23. CAG–40. CAC–9. DOCKET# RP01–255 000 COVE POINT DOCKET# MG01–11 000 MOJAVE DOCKET# CP96–159 001 MISSISSIPPI LNG LIMITED PARTNERSHIP PIPELINE COMPANY CANYON GAS PIPELINE, LLC CAG–24. (FORMERLY SHELL GAS PIPELINE Consent Agenda—Energy Projects—Hydro DOCKET# PR01–1 000 ASSOCIATED COMPANY) NATURAL GAS COMPANY CAH–1. OTHER#S CP96–159 004 MISSISSIPPI CAG–25. DOCKET# DI99–10 001 CITY OF CANYON GAS PIPELINE, LLC DOCKET# PR01–2 000 THE PEOPLES GAS UNALASKA, ALASKA (FORMERLY SHELL GAS PIPELINE LIGHT AND COKE COMPANY CAH–2. COMPANY) CAG–26. DOCKET# P–4632 028 CLIFTON POWER DOCKET# RP00–601 001 DOMINION CORPORATION Energy Projects—Hydro Agenda TRANSMISSION, INC. CAH–3. H–1. RESERVED CAG–27. DOCKET# P–184 076 EL DORADO Energy Projects—Certificates Agenda DOCKET# RP01–81 000 TENNESSEE GAS IRRIGATION DISTRICT PIPELINE COMPANY CAH–4. C–1. CAG–28. DOCKET# P–2170 022 CHUGACH OMITTED ELECTRIC ASSOCIATION, INC. DOCKET# RP01–180 000 SAN DIEGO GAS Markets, Tariffs and Rates—Electric Agenda & ELECTRIC COMPANY CAH–5. OTHER#S RP01–222 000 THE LOS DOCKET# P–4244 019 E–1. ANGELES DEPARTMENT OF WATER NORTHUMBERLAND HYDRO RESERVED PARTNERS, L.P. AND POWER; RP01–223 000 Markets, Tariffs and Rates—Gas Agenda NATIONAL ASSOCIATION OF GAS CAH–6. CONSUMERS V. ALL SELLERS OF DOCKET# P–2556 033 FPL ENERGY G–1. NATURAL GAS IN THE UNITED MAINE HYDRO, LLC RESERVED OTHER#S P–2557 018 FPL ENERGY STATES OF AMERICA IN INTERSTATE David P. Boergers, COMMERCE MAINE HYDRO, LLC; P–2559 017 FPL Secretary. CAG–29. ENERGY MAINE HYDRO, LLC DOCKET# RP01–20 001 TENNESSEE GAS CAH–7. [FR Doc. 01–7502 Filed 3–22–01; 12:16 pm] OMITTED PIPELINE COMPANY BILLING CODE 6717–01–P CAG–30. CAH–8. OMITTED DOCKET# UL96–16 006 CHIPPEWA AND FLAMBEAU IMPROVEMENT CAG–31. COMPANY ENVIRONMENTAL PROTECTION DOCKET# RP01–25 003 TEXAS EASTERN OTHER#S UL96–17 006 CHIPPEWA AND AGENCY TRANSMISSION CORPORATION FLAMBEAU IMPROVEMENT CAG–32. COMPANY [OPPTS–42212B; FRL–6777–8] DOCKET# RP01–251 000 CAH–9. TRANSCOLORADO GAS DOCKET# P–2150 020 PUGET SOUND Endocrine Disruptor Screening TRANSMISSION COMPANY ENERGY, INC. Program; Proposed Endocrine CAG–33. CAH–10. Disruptor Methods Validation DOCKET# RP99–510 002 GULF SOUTH DOCKET# P–10311 002 SKAGIT RIVER Subcommittee under the National PIPELINE COMPANY, LP (FORMERLY HYDRO Advisory Council for Environmental KOCH GATEWAY PIPELINE OTHER#S P–10311 003 SKAGIT RIVER COMPANY) Policy and Technology; Notice of HYDRO; P–10311 005 SKAGIT RIVER Meeting CAG–34. HYDRO DOCKET# RP00–533 001 ALGONQUIN CAH–11. AGENCY: Environmental Protection GAS TRANSMISSION COMPANY DOCKET# P–2177 040 GEORGIA POWER Agency (EPA). OTHER#S RP00–535 001 TEXAS COMPANY EASTERN TRANSMISSION ACTION: Notice of public meeting. CORPORATION Consent Agenda—Energy Projects— CAG–35. Certificates SUMMARY: As mandated by the Federal DOCKET# RP93–109 017 WILLIAMS GAS CAC–1. Food, Drug, and Cosmetic Act (FFDCA), PIPELINES CENTRAL, INC. DOCKET# CP00–165 000 as amended by the Food Quality CAG–36. TRANSCONTINENTAL GAS PIPE LINE Protection Act of 1996 (FQPA), EPA is DOCKET# OR01–2 000 BIG WEST OIL CORPORATION implementing an Endocrine Disruptor COMPANY V. FRONTIER PIPELINE CAC–2. Screening Program (EDSP). The Agency COMPANY AND EXPRESS PIPELINE DOCKET# CP01–26 000 TENNESSEE GAS plans to establish an Endocrine PARTNERSHIP PIPELINE COMPANY AND NATIONAL Disruptor Methods Validation OTHER#S OR01–3 000 BIG WEST OIL FUEL GAS SUPPLY CORPORATION COMPANY V. ANSCHUTZ RANCH Subcommittee (EDMVS) under the CAC–3. National Advisory Council for EAST PIPELINE INC. AND EXPRESS DOCKET# CP00–452 000 COLORADO PIPELINE PARTNERSHIP INTERSTATE GAS COMPANY Environmental Policy and Technology CAG–37. CAC–4. (NACEPT) to assist its EDSP DOCKET# RP00–241 000 PUBLIC DOCKET# CP01–12 000 EL PASO implementation activities. NACEPT is a UTILITIES COMMISSION OF THE NATURAL GAS COMPANY chartered Federal advisory committee STATE OF CALIFORNIA V. EL PASO CAC–5. subject to the provisions of the Federal NATURAL GAS COMPANY, EL PASO DOCKET# CP01–41 000 EL PASO Advisory Committee Act. Through MERCHANT ENERGY—cGAS, L.P. AND NATURAL GAS COMPANY NACEPT, the EDMVS will provide EL PASO MERCHANT ENERGY CAC–6. technical advice and recommendations COMPANY DOCKET# CP98–131 004 VECTOR CAG–38. PIPELINE L.P. to EPA regarding the design, conduct, DOCKET# RP01–27 000 SOUTHERN CAC–7. and interpretation of studies, and CALIFORNIA GAS COMPANY V. EL DOCKET# CP00–114 000 TRUNKLINE preparation of peer review documents PASO NATURAL GAS COMPANY GAS COMPANY necessary to validate endocrine
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disruptor screening and testing Act (Public Law 104–182), 42 U.S.C. Protection Agency, 1200 Pennsylvania methods. The public meeting is 300j–17. Since other entities may also Ave., NW., Washington, DC 20460. intended to solicit input from interested be interested, the Agency has not 2. In person or by courier. You may stakeholders regarding their views on attempted to describe all the specific deliver a written request to: OPPT the organization of EDVMS. The Agency entities that may be affected by this Document Control Office (DCO) in the is interested in obtaining input from the action. If you have any questions East Tower Rm. G–099, Waterside Mall, agrichemical and commodity chemical regarding the applicability of this action 401 M St., SW., Washington, DC. The industries; environmental/public to a particular entity, consult the DCO is open from 8 a.m. to 4 p.m., interest organizations; public health technical persons listed under FOR Monday through Friday, excluding legal organizations; animal welfare FURTHER INFORMATION CONTACT. holidays. The telephone number for the organizations; Federal agencies; State, DCO is (202) 260–7093. II. How Can I Get Additional local and tribal governments; academia; 3. Electronically. You may submit Information, Including Copies of this consumers, and the public. your request electronically by e-mail to: Document or Other Related Documents? DATES: The meeting will be held on [email protected]. Do not submit any April 24, 2001, from 9 a.m. to 5 p.m. 1. Electronically. You may obtain information electronically that you Requests to participate in the meeting electronic copies of this document, and consider to be CBI. Use Wordperfect must be received on or before April 20, certain other related documents that 6.1/8.0 or ASCII file format and avoid 2001. might be available electronically, from the use of special characters and any ADDRESSES: The meeting will be held at the EPA Internet Home Page at http:// form of encryption. All comments in the Holiday Inn Rosslyn at Key Bridge, www.epa.gov/scipoly. To access this electronic form must be identified by 1900 Fort Meyer Dr., Arlington, VA, document, on the Home Page select docket control number OPPTS–42212B. 22209 (telephone: 703–807–2000). ‘‘Endocrine Disruptors’’ which will take You may also file a request online at Requests to participate may be you to the OSCP Endocrine Disruptor many Federal Depository Libraries. submitted by mail, electronically, or in Screening Program Web Site. List of Subjects person. Please follow the detailed 2. In person. The Agency has Environmental protection, Chemicals, instructions for each method as established an official record for this Endocrine disruptors, Pesticides. provided in Unit III. of the meeting under docket control number SUPPLEMENTARY INFORMATION. To ensure OPPTS–42212B. The official record Dated: March 21, 2001. proper receipt by EPA, your request consists of the documents specifically Susan B. Hazen, must identify docket control number referenced in this notice, any public Acting Assistant Administrator, Office of OPPTS–42212B in the subject line on comments received during an applicable Prevention, Pesticides and Toxic Substances. comment period, and other information the first page of your response. [FR Doc. 01–7505 Filed 3–22–01; 12:33 pm] related to the Endocrine Disruptor FOR FURTHER INFORMATION CONTACT: For BILLING CODE 6560–50–S general information contact: TSCA Methods Validation Subcommittee. This Hotline, Environmental Assistance record includes the documents that are Division (7408), Office of Pollution physically located in the docket, as well as the documents that are referenced in FEDERAL COMMUNICATIONS Prevention and Toxics, Environmental COMMISSION Protection Agency, 401 M St., SW., those documents. The public version of Washington, DC 20460. Telephone 202– the official record, which includes Notice of Public Information 554–1404; TDD 202–554–0551; e-mail: printed, paper versions of any electronic Collection(s) Being Reviewed by the [email protected]. comments that may be submitted during Federal Communications Commission, For technical information contact: an applicable comment period, is Comments Requested Anthony Maciorowski, Senior Technical available for inspection in the TSCA Advisor, Office of Prevention, Pesticides Nonconfidential Information Center, March 16, 2001. and Toxic Substances; telephone: 202– North East Mall Rm. B–607, Waterside SUMMARY: The Federal Communications 260–3048; e-mail: Mall, 401 M St., SW., Washington, DC. Commission, as part of its continuing [email protected] or The Center is open from noon to 4 p.m., effort to reduce paperwork burden Gary Timm, Senior Technical Monday through Friday, excluding legal invites the general public and other Advisor, Office of Prevention, Pesticides holidays. The telephone number of the Federal agencies to take this and Toxic Substances; telephone: 202– Center is (202) 260–7099. opportunity to comment on the 260–1859; e-mail: [email protected] III. How Can I Request to Participate in following information collection, as SUPPLEMENTARY INFORMATION: this Meeting? required by the Paperwork Reduction Act of 1995, Public Law 104–13. An I. Does this Action Apply to Me? You may submit a request to agency may not conduct or sponsor a This action is directed to the public participate in this meeting through the collection of information unless it in general. You may be interested in the mail, in person, or electronically. Do not displays a currently valid control meeting set forth in this notice if you submit any information in your request number. No person shall be subject to produce, manufacture or import that is considered CBI. Your request any penalty for failing to comply with pesticide chemicals, substances that must be received by EPA on or before a collection of information subject to the may have an effect cumulative to an April 20, 2001. To ensure proper receipt Paperwork Reduction Act (PRA) that effect of a pesticide, or substances found by EPA, it is imperative that you does not display a valid control number. in sources of drinking water. To identify docket control number OPPTS– Comments are requested concerning (a) determine whether you or your business 42212B in the subject line on the first whether the proposed collection of may have an interest in this notice you page of your request. information is necessary for the proper should carefully examine section 408(p) 1. By mail. You may submit a written performance of the functions of the of FFDCA, as amended by FQPA (Public request to: Document Control Office Commission, including whether the Law 104–170), 21 U.S.C. 346a(p) and (7407), Office of Pollution Prevention information shall have practical utility; amendments to the Safe Drinking Water and Toxics (OPPT), Environmental (b) the accuracy of the Commission’s
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burden estimate; (c) ways to enhance Form No.: N/A. whether the proposed collection of the quality, utility, and clarity of the Type of Review: Extension. information is necessary for the proper information collected; and (d) ways to Respondents: Business or Other for performance of the functions of the minimize the burden of the collection of Profit; State, Local or Tribal Commission, including whether the information on the respondents, Government. information shall have practical utility; including the use of automated Number of Respondents: 75. (b) the accuracy of the Commission’s collection techniques or other forms of Estimated Time Per Response: 250.9 burden estimate; (c) ways to enhance information technology. hours per response (avg). the quality, utility, and clarity of the Total Annual Burden: 18,820 hours. DATES: Written comments should be information collected; and (d) ways to Estimated Annual Reporting and submitted on or before May 25, 2001. If minimize the burden of the collection of Recordkeeping Cost Burden: $0. you anticipate that you will be Frequency of Response: On occasion. information on the respondents, submitting comments, but find it Needs and Uses: The Public Notice including the use of automated difficult to do so within the period of sets forth procedural requirements and collection techniques or other forms of time allowed by this notice, you should policies relating to the Commission information technology. advise the contact listed below as soon processing of Bell Operating Company DATES: Written comments should be as possible. (BOC) applications to provide in-region, submitted on or before April 25, 2001. ADDRESSES: Direct all comments to Les interLATA services pursuant to section If you anticipate that you will be Smith, Federal Communications 271 of the Communications Act of 1934, submitting comments, but find it Commissions, 445 12th Street, SW., as amended. BOCs must file difficult to do so within the period of Room 1–A804, Washington, DC 20554 applications which provide information time allowed by this notice, you should or via the Internet to [email protected]. on which the applicant intends to rely advise the contact listed below as soon FOR FURTHER INFORMATION CONTACT: For in order to satisfy the requirement of as possible. additional information or copies of the section 271. State regulatory ADDRESSES: information collections contact Les Direct all comments to Judy commission and Department of Justice Boley, Federal Communications Smith at (202) 418–0217 or via the can file written consultations relating to Internet at [email protected]. Commission, Room 1–C804, 445 12th the applications. Interested third parties Street, SW., Washington, DC 20554 or SUPPLEMENTARY INFORMATION: may file comments and reply comments via the Internet to [email protected]. OMB Control No.: 3060–0056. regarding the applications. All of the Title: Part 68—Connection of requirements are used to ensure that FOR FURTHER INFORMATION CONTACT: For Terminal Equipment to the Telephone BOCs have complied with their additional information or copies of the Network. obligations under the Communications information collection(s), contact Judy Form No.: FCC Form 730. Act of 1934, as amended, before being Boley at 202–418–0214 or via the Type of Review: Extension. authorized to provide in-region, Internet at [email protected]. Respondents: Business or Other for interLATA services pursuant to section Profit; Individuals or household. SUPPLEMENTARY INFORMATION: Number of Respondents: 54,369. 271. OMB Control No.: 3060–0819. Estimated Time Per Response: 2.2 Federal Communications Commission. Title: Lifeline Assistance (Lifeline) hours (avg.); .5–20 hours per response. Magalie Roman Salas, Connection Assistance (Link Up) Total Annual Burden: 120,459 hours. Secretary. Reporting Worksheet and Instructions Estimated Annual Reporting and [FR Doc. 01–7372 Filed 3–23–01; 8:45 am] (47 CFR 54.400–54.417). Recordkeeping Cost Burden: $2,705,000. BILLING CODE 6712–01–P Form No.: FCC Form 497. Frequency of Response: On occasion; Recordkeeping; Third party disclosures. Type of Review: Extension of a currently approved collection. Needs and Uses: The purpose of 47 FEDERAL COMMUNICATIONS Respondents: Business or other for- CFR Part 68 is to protect the network COMMISSION from certain types of harm and profit. interference to other subscribers. To Notice of Public Information Number of Respondents: 1,500 ensure that consumers, providers of Collection(s) Being Reviewed by the respondents; 18,000 responses. telecommunications, the Administrative Federal Communications Commission Estimated Time Per Response: 3 hours Council, telecommunications (avg.). March 15, 2001. certification bodies (TCBs), and the Frequency of Response: On occasion SUMMARY: The Federal Communications Commission are able to trace products reporting requirement, monthly, Commission, as part of its continuing to the party responsible for placing quarterly. terminal equipment on the market, it is effort to reduce paperwork burden Total Annual Burden: 54,000 hours. essential to require manufacturers and invites the general public and other supplies to provide the information Federal agencies to take this Total Annual Cost: $0. required by Part 68. Among other opportunity to comment on the Needs and Uses: Eligible things, respondents are required to following information collection(s), as telecommunications carriers are submit FCC Form 730, to disclose required by the Paperwork Reduction permitted to receive universal service certain technical information, provide Act of 1995, Public Law 104–13. An support reimbursement for offering affidavits, and retain certain records. agency may not conduct or sponsor a certain services to qualifying low- OMB Control No.: 3060–0756. collection of information unless it income customers. The Title: Procedural Requirements and displays a currently valid control telecommunications carriers must file Policies for Commission processing of number. No person shall be subject to FCC Form 497 to solicit reimbursement. Bell Operating Company Applications any penalty for failing to comply with Collection of the data is necessary for for the Provision of In-Region, a collection of information subject to the the administrator to accurately provide InterLATA Services Under Section 271 Paperwork Reduction Act (PRA) that settlements for the low-income of the Communications Act of 1934, as does not display a valid control number. programs according to Commission amended. Comments are requested concerning (a) rules.
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Federal Communications Commission. FOR FURTHER INFORMATION CONTACT: Federal Register of all prices for Bank Magalie Roman Salas, Gwen R. Grogan, Associate Director, services. The following fee schedules Secretary. Office of Supervision (202) 408–2892; or are for the Banks which offer item [FR Doc. 01–7371 Filed 3–23–01; 8:45 am] Edwin J. Avila, Financial Analyst, (202) processing services to their members BILLING CODE 6712–01–P 408–2871; Federal Housing Finance and other qualified financial Board, 1777 F Street, NW., Washington, institutions. Most of the remaining DC 20006. Banks provide other Correspondence FEDERAL HOUSING FINANCE BOARD SUPPLEMENTARY INFORMATION: Section Services which may include securities 11(e) of the Federal Home Loan Bank [No. 2001–N–5] safekeeping, disbursements, coin and Act (Bank Act) (12 U.S.C. 1431(e)) currency, settlement, electronic funds authorizes the Banks (1) to accept Prices for Federal Home Loan Bank transfer, etc. However, these Banks do demand deposits from member Services not provide services related to institutions, (2) to be drawees of processing of items drawn against or AGENCY: Federal Housing Finance payment instruments, (3) to engage in deposited into third party accounts held Board. collection and settlement of payment by their members or other qualified ACTION: Notice of prices for Federal instruments drawn on or issued by financial institutions. Home Loan Bank Services. members and other eligible institutions, and (4) to engage in such incidental District 1.—Federal Home Loan Bank of SUMMARY: The Federal Housing Finance activities as are necessary to the exercise Boston (2001 NOW/DDA Services) Board (Board) is publishing the prices of such authority. Section 11(e)(2)(B) of (Services not provided) charged by the Federal Home Loan the Bank Act (12 U.S.C. § 1431(e)(2)(B)) Banks (Banks) for processing and requires the Banks to make charges for District 2.—Federal Home Loan Bank of settlement of items (negotiable order of services authorized in that section, New York (2001 NOW/DDA Services) withdrawal or NOW), and demand which charges are to be determined and (Does not provide item processing deposit accounting (DDA) and other regulated by the Board. services for third party accounts) services offered to members and other Section 975.6(c) of the Board’s District 3.—Federal Home Loan Bank of eligible institutions. regulations (12 CFR § 975.6(c)) provides Pittsburgh (2001 NOW/DDA Services) EFFECTIVE DATE: March 26, 2001. for the annual publication in the
DEPOSIT PROCESSING SERVICE (DPS) EFFECTIVE 1/1/2001 DPS Deposit Tickets ...... $0.6750 per deposit Printing of Deposit Tickets ...... Pass-through Deposit Items Processed Pricing varies—tiered by monthly volume For volumes of: 1–25,000 ...... $0.0422 per item (transit) 25,001–58,500 ...... 0.0417 per item (transit) 58,501–91,500 ...... 0.0412 per item (transit) 91,501–125,000 ...... 0.0407 per item (transit) 125,001–158,500 ...... 0.0392 per item (transit) 158,501–191,500 ...... 0.0372 per item (transit) 191,501–over ...... 0.0342 per item (transit) Deposit Items Encoded (West) Pricing varies—tiered by monthly volume For volumes of: 1–25,000 ...... 0.0413 per item 25,001–58,500 ...... 0.0409 per item 58,501–91,500 ...... 0.0405 per item 91,501–125,000 ...... 0.0401 per item 125,001–158,500 ...... 0.0388 per item 158,501–191,500 ...... 0.0383 per item 191,501–over ...... 0.0378 per item Deposit Items Encoded (East) Pricing varies—tiered by monthly volume For volumes of: 1–25,000 ...... 0.0367 per item 25,001–58,500 ...... 0.0362 per item 58,501–91,500 ...... 0.0357 per item 91,501–125,000 ...... 0.0352 per item 125,001–158,500 ...... 0.0337 per item 158,501–191,500 ...... 0.0327 per item 191,501–over ...... 0.0321 per item Deposit Items Returned ...... 18.5000 per item Deposit Items Photocopied ...... 5.0000 per photocopy DPS Photocopies—Subpoena ...... 21.0000 per hour of processing time plus ...... 0.3000 per photocopy Deposit Items Rejected (applicable to pre-encoded deposits only) ...... 0.2500 per rejected item Canadian Item Processing ...... 5.5000 per item All Foreign Collection Charges ...... Pass-through (Includes Foreign Collection Fees, Bought Foreign Collection Fees, Foreign Bank Processing Charges, and Foreign Check Cou- rier Charges) Adjustments on DPS Deposits (applicable to pre-encoded deposits only) ...... 3.00 per adjustment Foreign Return Check Fee ...... 35.0000 per item
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DPS Transportation (West) ...... 10.5000 per pickup DPS Transportation (East) ...... 10.5000 per pickup Return Check Courier Service ...... 150.0000 per month DEPOSITORY ACCOUNT SERVICES On—Us Returns Deposited: Qualified Returns ...... $1.2500 per item Raw Returns ...... 4.7500 per item Mail Deposits ...... 6.0000 per deposit Bond Collection: Bearer ...... 42.0000 per bond Registered ...... 52.0000 per bond Bond Coupon Collection ...... 8.5000 per envelope Bond Coupon Returns ...... 33.0000 per coupon Deposit Transfer Vouchers ...... 6.0000 per item
ELECTRONIC FUNDS TRANSFERS Incoming Wire Transfers ...... $6.3000 per transfer Outgoing Wire Transfers (LINK) ...... 7.0000 per transfer Outgoing Wire Transfers (Manual) ...... 11.0000 per transfer Late Outgoing Wire Surcharge ...... 10.0000 per transfer Fax of Wire Transfer Advice ...... 3.9500 per transfer Internal Book Transfers (LINK) ...... No Charge Internal Book Transfers (Manual) ...... 1.2500 per transfer Foreign Wire Surcharge ...... 35.0000 per transfer Foreign Wire Tracers ...... 5.000 per transfer Service Message Requests ...... 2.000 per transfer Mortgage Participation Service Fee ...... 3.2000 per transfer Expected Wires Not Received ...... Penalty Assessed 1* AUTOMATED CLEARING HOUSE ACH Transaction Settlement (CR/DR) ...... $0.3100 per transaction ACH Cleared Through FHLB (CR/DR) ...... 0.4000 per transaction ACH Origination Items (CR/DR) ...... 0.2200 per item ACH Origination Record Set-Up ...... 1.7500 per record ACH Origination Items Returned ...... 6.0000 per returned item ACH Returns/NOCs—Facsimile ...... 2.7500 per transaction ACH Returns/NOCs—Telephone ...... 4.5000 per transaction ACH/FRB Priced Service Charges ...... 0.3100 per transaction FEDERAL RESERVE SETTLEMENT FRB Statement Transaction (CR/DR) ...... $0.6200 per transaction Reserve Requirement Pass-Thru ...... 33.0000 per month (active) Correspondent Transaction (DR) ...... 0.6200 per transaction Direct Send Settlement ...... 155.0000 per month FRB Inclearing Settlement ...... 155.0000 per month FRB Coin & Currency Settlement ...... 60.0000 per month DEMAND DEPOSIT SERVICES Clearing Items Processed ...... $0.1650 per item Clearing Items Fine Sorted (for return with Bank statements) ...... 0.0900 per item Reconcilement Copies—Manual ...... 0.3500 per copy Reconcilement Copies—MagTape ...... 0.0600 per copy Reconcilement MagTape Processing ...... Pass-through Reconcilement Copies—Voided ...... 0.1000 per copy Check Photocopies—Mail ...... 4.2500 per photocopy Check Photocopies—Telephone/Fax ...... 5.0000 per photocopy Check Photocopies—Subpoena ...... 1.0000 per photocopy Stop Payment Orders ...... 19.0000 per item Stop Payment Cancellations ...... 9.5000 per cancelled item FRB Return Items Processed ...... 0.6000 per item FRB Return Items Qualified ...... 0.4000 per item FRB Return Items Over $2,500 ...... 6.2500 per item Collections & Forgeries ...... 19.0000 per item Check Imprinting ...... Pass-through Request for Fax/Photocopy ...... 5.2500 per document/page CHECK PROCESSING (INCLEARING) Checks Processed Pricing varies—tiered by monthly volume for volumes of: 1—25,000 ...... 0.0479 per item 25,001—58,500 ...... 0.0454 per item 58,501—91,500 ...... 0.0427 per item 91,501—125,000 ...... 0.0401 per item 125,001—158,500 ...... 0.0372 per item 158,501—191,500 ...... 0.0346 per item 191,501—350,000 ...... 0.0308 per item 350,001—500,000 ...... 0.0282 per item
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500,001—over ...... 0.0257 per item FULL BACKROOM SERVICE (ITEM PROCESSING CHARGES) Non-Truncated Checks Pricing varies—tiered by monthly volume for volumes of: 1—25,000 ...... 0.0630 per item 25,001—58,500 ...... 0.0620 per item 58,501—91,500 ...... 0.0600 per item 91,501—125,000 ...... 0.0585 per item 125,001—158,500 ...... 0.0570 per item 158,501—191,500 ...... 0.0555 per item 191,501—350,000 ...... 0.0535 per item 350,001—500,000 ...... 0.0495 per item 500,001—over ...... 0.0465 per item Truncated Checks Pricing varies—tiered by monthly volume for volumes of: 1—25,000 ...... 0.0530 per item 25,001—58,500 ...... 0.0520 per item 58,501—91,500 ...... 0.0500 per item 91,501—125,000 ...... 0.0485 per item 125,001—158,500 ...... 0.0470 per item 158,501—191,500 ...... 0.0455 per item 191,501—350,000 ...... 0.0435 per item 350,001—500,000 ...... 0.0395 per item 500,001—over ...... 0.0365 per item MODIFIED BACKROOM SERVICE (ITEM PROCESSING CHARGES) Non-Truncated Checks Pricing varies—tiered by monthly volume for volumes of: 1—25,000 ...... 0.0530 per item 25,001—58,500 ...... 0.0520 per item 58,501—91,500 ...... 0.0500 per item 91,501—125,000 ...... 0.0485 per item 125,001—158,500 ...... 0.0470 per item
158,501–191,500 ...... 0.0455 per item 191,501–350,000 ...... 0.0435 per item 350,001–500,000 ...... 0.0395 per item 500,001–over ...... 0.0365 per item Truncated Checks Pricing varies—tiered by monthly volume for volumes of: 1–25,000 ...... 0.0430 per item 25,001–58,500 ...... 0.0420 per item 58,501–91,500 ...... 0.0400 per item 91,501–125,000 ...... 0.0385 per item 125,001–158,500 ...... 0.0370 per item 158,501–191,500 ...... 0.0355 per item 191,501–350,000 ...... 0.0335 per item 350,001–500,000 ...... 0.0295 per item 500,001–over ...... 0.0265 per item IMAGE SERVICES—PROOF OF DEPOSIT (POD) SERVICE Pricing for each of these premium services is customer-specific, based upon individual service requirements; please call your Relationship Officer at (800) 288–3400 for further information. CHECK PROCESSING (ASSOCIATED SERVICES) Unidentified Items Processed ...... 2.0500 per item Over-The-Counter Items ...... 0.1975 per item OTC Item Transportation ...... 12.5000 per month Special Cycle Sorting ...... 0.0250 per item Mid-Cycle Statement (Purged) ...... 0.6000 per item (Min $3.00) Mid-Cycle Stmt. (Non-Purged) ...... 3.0000 per statement Statement Printing ...... 0.0300 per page Statement Processing: Statements using Generic Envelopes ...... 0.0700 per envelope Statements using Custom Envelopes ...... 0.1125 per envelope Statements using Large Envelopes ...... 0.7000 per envelope Envelope Destruction Fee ...... 0.0300 per envelope Additional Stuffer Processing (one stuffer per statement free—applicable to all additional 0.0300 per stuffer stuffers). Selective Stuffer Processing ...... 0.1150 per statement Daily Report Postage ...... Pass-through Statement Postage ...... Pass-through Standard Return Calls ...... 1.5500 per item Automated Return Calls ...... 0.3000 per item Return Calls via Link ...... 0.8500 per item Late Return Calls ...... 7.0000 per item
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Illegible BOFD Surcharge ...... 5.2500 per item Return Call Cancellations ...... 6.0000 per item FRB Return Items Processed ...... 0.6000 per item FRB Return Items Qualified ...... 0.4000 per item FRB Return Items Over $2,500 ...... 6.2500 per item Suspect Item Processing ...... 6.0000 per suspect item Check Photocopies—Mail ...... 4.2500 per photocopy Check Photocopies—Telephone/Fax ...... 5.0000 per photocopy Check Photocopies—Subpoena ...... 1.0000 per item Signature Verification Copies ...... 0.9500 per copy Check Retrieval ...... 1.9000 per item MICRSort Option (Fixed Fee) ...... 29.0000 per month MICRSort Option (per item) ...... 0.0340 per item Collections & Forgeries ...... 19.0000 per item MCPJ Microfiche Service ...... 0.0025 per item (Min. $25.00, Max. $150.00) Transportation ...... Pass-through COIN & CURRENCY SERVICE: WESTERN SERVICE AREA Cash Orders ...... 2.5500 per order, plus: Currency Orders ...... 0.3500 per $1,000 2 Coin Orders ...... 2.9500 per box Currency Deposits ...... 1.5000 per $1,000 2 Coin Deposits ...... 2.0000 per standard bag Coin Deposits (Non-Standard) ...... 3.0000 per non-standard bag Coin Deposits (Unsorted) ...... 9.0000 per mixed bag Food Stamp Deposits ...... 2.0000 per $1,000 2 Late Order Surcharge ...... 12.5000 per order Emergency Order Processing Fee ...... 25.0000 per order Large Cash Shipment Surcharge ...... 6.0000 per shipment 3 Coin Shipment Surcharge ...... 0.3000 per excess bag 4 C&C Transportation (Zone W1) ...... 20.5000 per stop C&C Transportation (Zone W2) ...... 33.5000 per stop C&C Transportation (Zone W3) ...... 47.0000 per stop C&C Transportation (Zone W4) ...... Negotiable 5 COIN & CURRENCY SERVICE: EASTERN SERVICE AREA Cash Orders ...... 2.5500 per order, plus: Currency Orders ...... 0.3500 per $1,000 2 Coin Orders ...... 3.1000 per box Currency Deposits ...... 1.5000 per $1,000 2 Coin Deposits ...... 2.0000 per standard bag Coin Deposits (Non-Standard) ...... 3.0000 per non-standard bag Coin Deposits (Unsorted) ...... 9.0000 per mixed bag Food Stamp Deposits ...... 2.0000 per $1,000 2 Late Order Surcharge ...... 12.5000 per order Emergency Order Processing Fee ...... 25.0000 per order Large Cash Shipment Surcharge ...... 6.0000 per shipment 3 Coin Shipment Surcharge ...... 0.3000 per excess bag 4 C&C Transportation (Zone E1) ...... 30.0000 per stop C&C Transportation (Zone E2) ...... 42.0000 per stop C&C Transportation (Zone E3) ...... 65.0000 per stop C&C Transportation (Zone E4) ...... Negotiable 4
ACCOUNT MAINTENANCE Demand Deposit Accounts ...... 23.0000 per month, per account Cut-Off Statements ...... 15.0000 per statement Telephone Inquiry ...... 2.5000 per telephone call Paper Advice of Transactions(DTS) ...... 37.5000 per account, per month Daily Transaction Data via LINK ...... No Charge
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MONTHLY MINIMUM CHARGES The Bank reserves the right to impose a monthly minimum charge for its services. The standard minimum will be $2,500 per month, ap- plied against Check Processing, Deposit Processing, and/or Proof of Deposit Services. Pass-through items, such as postage and trans- portation, do not apply.
ACCOUNT OVERDRAFT PENALTY Greater of $75.00 per day and the daily interest on the amount of the overdraft (Rate used for calculation equal to the highest posted advance rate plus 3.0%) REQUESTS FOR PROGRAMMING CHANGES Programming support for new services, enhancements to existing service levels, or servicer conversions requiring at least one hour of programmer time and/or equivalent FHLB expenses will be charged at a rate of $100.00 per hour, plus expenses. ATTENTION: CUSTOMERS RECEIVING TRANSPORTATION CHANGES UNDER ANY SERVICE Rates and charges relative to transportation vary depending on the location of the office(s) serviced. Details regarding the pricing for the transportation to/from specific institutions or individual locations will be provided upon their subscription to that service. Surcharges may be applicable and will be applied to the customer as effective and without prior notice.
1 Standard penalty is equivalent to the amount of the wire(s) times the daily IOD rate, divided by 360. If the wire not received causes the Bank to suffer any penalty, deficiency, or monetary loss, any and all related costs will also be assessed. 2 Charges will be applied to each $1,000 ordered or deposited, and to any portion of a shipment not divisible by that standard unit. 3 This surcharge will apply to each cash shipments valued at $250,000 and over. 4 A surcharge will apply to each container (box/bag) of coin in an order/delivery after the first 20 containers. 5 Reserved for remote locations: delivery charges will be negotiated with the courier service on an individual basis. District 4.—Federal Home Loan Bank of Atlanta (2001 NOW/DDA Services) (Does not provide item processing services for third party accounts) District 5.—Federal Home Loan Bank of Cincinnati (2001 NOW/DDA Services) (Does not provide item processing services for third party accounts) District 6.—Federal Home Loan Bank of Indianapolis (2001 NOW/DDA Services)
Fee Schedules Checking Account Processing— Effective February 1, 2000
I. CHECKING ACCOUNT SERVICE TRANSACTION CHARGES
Safe- Turn- Complete Full service image 1 Limited service image keeping around (daily or Monthly volume cycled) Per Per Per item Per item Per item statement Per item statement Per item
0–5,000 ...... $.054 $.0675 $.0875 $.06 $.40 $.02 $.40 5–10,000 ...... 046 .0625 .0855 .06 .40 .02 .40 10–15,000 ...... 045 .0585 .0835 .06 .40 .02 .40 15–25,000 ...... 040 .0515 .0825 .06 .40 .02 .40 25–50,000 ...... 039 .0475 .0805 .06 .40 .02 .40 50–75,000 ...... 035 .0445 .0765 .06 .40 .02 .40 75–100,000 ...... 032 .0415 .0755 .06 .40 .02 .40 100–and up ...... 030 .0385 .0745 .06 .40 .02 .40 Minimum processing fee of 40.00 per month will apply for total NOW services. Also included in the above fees—at no additional cost are Fed- eral Reserve fees, incoming courier fees, software changes, disaster recovery, envelope discount and inventory. 1 Image Monthly Maintenance Fee of 500.00 for 0–32% of accounts; 300.00 for 33–49% of accounts; and 200.00 for 50%+ will be assessed for Image Statements.
II. ANCILLARY SERVICE FEES
Large Dollar Signature Verification ...... 0.75 Over-the-counters and Microfilm ...... 0.45 Return Items ...... 2.40 Photocopies 1 and Facsimiles ...... 2.50 Certified Checks ...... 1.00 Invalid Accounts ...... 0.65 Late Returns ...... 0.50 Invalid Returns ...... 0.50 No MICR/OTC ...... 0.50 Settlement Only (per month) ...... 100.00 +Journal Entries (each) ...... 3.00 Encoding Errors ...... 2.75 Fine Sort Numeric Sequence ...... 0.02 High Dollar Return Notification ...... N/C Debit Entries ...... N/C
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II. ANCILLARY SERVICE FEES—Continued Credit Entries ...... N/C Standard Stmt. Stuffers (up to 2) 2 ...... N/C Statement Stuffing Savings (Non DDA Accounts) ...... 0.20 1 Photocopy request of 50 or more are charged at an hourly rate of 15.00. 2 Each additional (over 2) will be charged at .02 per statement.
b. Demand Deposits Accounts/ACH
ITEM PROCESSING SERVICE FEES—CASH MANAGEMENT SERVICE
Demand deposit clearings will have the following service charges: Stop payments ...... 6.00 per stop Photocopies ...... 2.50 per copy Collection/Return/Exception ...... 5.00 Daily Statement ...... 2.00 Maintenance ...... 30.00 per month Debit Entries ...... N/C Credit Entries ...... N/C ACH Fees: Tape transmission ...... $ 8.50 per tape or originations ...... 045 per item NACHA, MPX ...... Actual Federal Reserve charges ACH entries clearing through our R&T number ...... 25 per item Settlement only ...... 65.00 per month ACH returns/NOC ...... 2.50 per item
Collected balances will earn interest c. Deposit Services at CMS daily-posted rate. Prices effective April 1, 1993.
FEDERAL HOME LOAN BANK OF INDIANAPOLIS
Pre-encoded Items: City ...... $0.045 per item RCPC ...... 055 per item Other Districts ...... 09 per item Unencoded ...... 15 per item Food Stamp ...... 14 per item Photocopies* ...... 2.50 per copy Adjustments on pre-encoded work ...... 2.75 per error E Z Clear ...... 14 per item Coupons ...... 8.25 per envelope Collections ...... 6.00 per item Cash Letter ...... 2.00 per cash letter Deposit Adjustments ...... 30 per adjustment Debit Entries ...... N/C Credit Entries ...... N/C Microfilming ...... N/C Mortgage Remittance (Basic Service) ...... 35 Settlement only ...... 100.00 per month +Journal Entries ...... 3.00 each Courier: Indianapolis (city): ...... 8.25 per location, per day, per pickup Outside Indianapolis: ...... prices vary per location N/C—No Charge.
District 7.—Federal Home Loan Bank of (Does not provide item processing District 12.—Federal Home Loan Bank Chicago (2001 NOW/DDA Services) services for third party accounts) of Seattle (2001 NOW/DDA Services) (Does not provide item processing District 10.—Federal Home Loan Bank (Does not provide item processing services for third party accounts) of Topeka (2001 NOW/DDA Services) services for third party accounts) District 8.—Federal Home Loan Bank of (Does not provide item processing Dated: March 20, 2001. Des Moines (2001 NOW/DDA services for third party accounts) By the Federal Housing Finance Board Services) (Does not provide item District 11.—Federal Home Loan Bank processing services for third party of San Francisco (2001 NOW/DDA James L. Bothwell, accounts) services) (Does not provide item Managing Director. District 9.—Federal Home Loan Bank of processing services for third party [FR Doc. 01–7336 Filed 3–23–01; 8:45 am] Dallas (2001 NOW/DDA Services) accounts) BILLING CODE 6725–01–P
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FEDERAL RESERVE SYSTEM is hereby given of a meeting of the minutes) National Human Research Protections Mary Faith Marshall, Ph.D. Change in Bank Control Notices; Advisory Committee. 9:15 a.m.–9:30 a.m. The Department’s Acquisition of Shares of Bank or Bank The meeting will be open to the Commitment to Protection of Holding Companies public, with attendance limited to space Human Subjects (15 minutes) available. Individuals who plan to The Honorable David Satcher, M.D., The notificants listed below have attend and need special assistance, such Ph.D., Surgeon General (Invited) applied under the Change in Bank as sign language interpretation or other 9:30 a.m.–11 a.m. Update: Financial Control Act (12 U.S.C. 1817(j)) and reasonable accommodations, should Relationships (1 hour, 30 minutes) § 225.41 of the Board’s Regulation Y (12 notify the contact person listed below. Mark Barnes, J.D., Chair, Working CFR 225.41) to acquire a bank or bank Individuals planning on attending the Group holding company. The factors that are meeting and who want to ask questions Stuart L. Nightingale, M.D., Senior considered in acting on the notices are must submit their requests in writing in Medical Advisor to the Assistant set forth in paragraph 7 of the Act (12 advance of the meeting to the contact Secretary for Planning & Evaluation U.S.C. 1817(j)(7)). person listed below. 10:30 a.m.–10:45 a.m. Break (15 The notices are available for minutes) immediate inspection at the Federal DATES: The Committee will hold its next meeting on April 9–10, 2001. The 11 a.m.–11:45 a.m. Update: Declaration Reserve Bank indicated. The notices of Helsinki (45 minutes) also will be available for inspection at meeting will convene from 8:30 a.m. to its recess at 5:30 p.m. on April 9 and Greg Koski, Ph.D., M.D. the office of the Board of Governors. Stuart L. Nightingale, M.D. Interested persons may express their resume at 8:30 a.m. to 5 p.m. EST on April 10. 11:45 a.m.–12:15 p.m. Public Comment views in writing to the Reserve Bank (30 minutes) ADDRESSES: indicated for that notice or to the offices Bethesda Marriott—Pooks 12:15 p.m.–1:30 p.m. Lunch—On your of the Board of Governors. Comments Hill Road, Bethesda, Maryland 20814, own must be received not later than April 9, (301) 897–9400. 1:30 p.m.–4:30 p.m. Genetics 2001. FOR FURTHER INFORMATION CONTACT: Ms. 1:30 p.m.–2:15 p.m. Genetic Research: A. Federal Reserve Bank of Chicago Kate-Louise Gottfried, Executive An overview (45 minutes) (Phillip Jackson, Applications Officer) Director, National Human Research Francis Collins, M.D., Ph.D., director, 230 South LaSalle Street, Chicago, Protections Advisory Committee, Office National Human Genome Research Illinois 60690–1414: for Human Research Protections, 6100 Institute 1. Ann Manning, Minneapolis, Executive Boulevard, Room 310B (MSC 2:15 p.m.–4:30 p.m. Panel Discussion Minnesota; Elizabeth Edwards Manning, 7507), Rockville, Maryland 20892–7507, Moderator, Francis Collins, M.D., Bettendorf, Iowa; Albert Manning and (301) 496–7005. The electronic mail Ph.D. Kim Manning, both of Holt, Michigan; address is: [email protected]. Family Members: David Manning and Janet Manning, both SUPPLEMENTARY INFORMATION: The Should Family Members of Survey of West Des Moines, Iowa; John National Human Research Protections Subjects, Themselves become Manning, Lynnette Manning, George Advisory Committee was established on Subjects of a Protocol—if so, Must Manning, Ona Manning, Matthew June 6, 2000 to provide expert advice Informed Consent be Obtained for Manning and Judith Manning, all of and recommendations to the Secretary Investigator to Retain Private Keosauqua, Iowa; to retain ownership of of HHS, Assistant Secretary for Health, Information on these Individuals? Van Buren Bancorporation, Keosauqua, the Director, Office for Human Research 2:15 p.m.–3:15 p.m. Guest Panel: (1 Iowa, and thereby indirectly retain Protections, and other departmental hour) additional voting shares of Community officials on a broad range of issues and Jeff Botkin, M.D., M.P.H., Department First Bank, Keosauqua, Iowa. topic pertaining to or associated with of Pediatrics, The University of Board of Governors of the Federal Reserve the protection of human research Utah Medical Center (15 minutes) System, March 20, 2001. subjects. Terry Arledge, Ph.D., Robert deV. Frierson The draft meeting agenda for the GalaxoSmithKline (15 minutes) Associate Secretary of the Board. second meeting of this committee is Sharon Terry, Genetic Alliance (15 [FR Doc. 01–7332 Filed 3–23–01; 8:45 am] below. Updates to this agenda will be minutes) posted on the NHRPAC website at: Terry Seargent (15 minutes) BILLING CODE 6210–01–S http://ohrp.osophs.dhhs.gov/nhrpac/ 3:15 p.m.–3:30 p.m. Break (15 minutes) nhrpac.htm. 3:30 p.m.–4:30 p.m. Discussion (45 minutes) DEPARTMENT OF HEALTH AND Draft Agenda 4:30 p.m.–5:15 p.m. Public Comment (1 HUMAN SERVICES Monday April 9, 2001 hour) 5:15 p.m.–5:30 p.m. Closing Comments/ Office of the Secretary 8:30 a.m.–9:15 a.m. Welcome: (45 Adjourn (15 minutes) minutes) Meeting of the National Human Introduction of New Members (brief Tuesday, April 10, 2001 Research Protections Advisory comments about yourself; areas of Committee 8:30 a.m.–8:45 a.m. Brief Recap of Day particular concern) (5 minutes each) One (15 minutes) AGENCY: Office of Public Health and Mary Faith Marshall, Ph.D., Questions/Clarifications Science, Office for Human Research Chairperson NHRPAC Mary Faith Marshall, Ph.D. Protections, DHHS. Office for Human Research Protection 8:45 a.m.–9:00 a.m. The National Updates (10 minutes) ACTION: Notice of second meeting. Institutes of Health and Human Greg Koski, Ph.D., M.D., Director of Subject Protections (15 minutes) SUMMARY: Pursuant to section 10(d) of OHRP, Executive Secretary, Ruth Kirschstein, M.D., Acting the Federal Advisory committee Act, as NHRPAC, Chairman, HSRS Director, National Institutes of amended (5 U.S.C. appendix 2), notice Clarification of NHRPAC Roles (10 Health
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9:00 a.m.–12:00 p.m. Children (3 hours) the availability of fiscal year (FY) 2001 to an ineligible party. Funds may not be 9:00 a.m.–9:45 a.m. Discussion of funds for a cooperative agreement used to purchase equipment. Current Definitions and their program to conduct site-specific health D. Program Requirements Interpretation (45 minutes) activities related to human exposure to NHRPAC Committee contaminated vermiculite ore at sites In conducting activities to achieve the 9:45 a.m.–10:15 a.m. Children’s around the United States that received purpose of this program, the recipient Workgroup (30 minutes) and/or processed ore from the mine in will be responsible for activities under Alan Fleischman, M.D., Senior Vice Libby, Montana. 1. Recipient Activities, and ATSDR will President, NY Academy of This program addresses the ‘‘Healthy be responsible for the activities listed Medicine, Clinical Professor of People 2010’’ focus area of under 2. ATSDR Activities. Pediatrics and Clinical Professor of Environmental Health. The purpose of 1. Recipient Activities Epidemiology & Social Medicine, the program is to assist public health Albert Einstein College, New York agencies in conducting site-specific a. For health statistics reviews: 10:15 a.m.–10:30 a.m. Break (15 health activities related to human Analyze existing health outcome data of minutes) exposure to contaminated vermiculite select asbestos-related diseases. 10:30 a.m.–11:45 a.m. Committee ore at sites identified by the Mortality data will be the most readily Discussion (1 hour, 15 minutes) Environmental Protection Agency (EPA) available data for asbestos-related 11:45 a.m.–12:00 p.m. The National as receiving and/or processing ore. diseases such as mesothelioma, lung Science Foundation and Human cancer, and asbestosis, although cancer Subject Protections (15 minutes) B. Eligible Applicants registry data should be utilized where Rita Colwell, Ph.D., Director, National available. Assistance will be provided only to Science Foundation b. For epidemiologic investigations: public health agencies of States or their 12:00 p.m.–1:30 p.m. Lunch—on your Develop a protocol and conduct the bona fide agents or instrumentalities. own (1 hour, 30 minutes) recommended investigation. This State organizations, including State 1:30 p.m.–3:00 p.m. Update: Social protocol will undergo scientific peer universities, must establish that they Science (1 hour, 30 minutes) review as required by ATSDR. Felice Levine, Ph.D., Executive meet their respective State legislature’s c. Provide proof by citing a State code Officer, American Sociological definition of a State entity or political or regulation or other State Association (30 minutes) subdivision to be considered an eligible pronouncement under authority of law, Jeff Cohen, Ph.D., Director, Education, applicant. that medical information obtained OHRP Note: Public Law 104–65 states that an pursuant to the agreement will be Discussion (1 hour) organization described in section 501(c)(4) of protected from disclosure when the the Internal Revenue Code of 1986 that 3:00 p.m.–3:15 p.m. Break (15 minutes) consent of the individual to release 3:15 p.m.–4:15 p.m. Public Comment (1 engages in lobbying activities is not eligible to receive Federal funds constituting an identifying information is not obtained. hour) d. Develop a mechanism for ongoing 4:15 p.m.–5:00 p.m. Meeting Recap (45 award, grant, cooperative agreement, contract, loan, or any other form. interaction with, and education of minutes) affected community. Review Recommendations: C. Availability of Funds Financial Relationships 2. ATSDR Activities Approximately $1,000,000 is available Declaration of Helsinki a. For the health statistics review: Genetics in FY 2001 to fund approximately 10 Make available to states both technical Secondary Subjects awards. It is expected that the average assistance and a standard protocol to Children award will range from a maximum of use to analyze existing health outcome Social Science $10,000 for the conduct of health data of select asbestos-related diseases. Mary Faith Marshall, Ph.D. statistics reviews to a maximum of 5:00 p.m. Thank You—Adjourn b. For epidemiologic investigations: $500,000 for epidemiologic Provide consultation and assist in Dated: March 20, 2001. investigations. It is expected that the monitoring the data; participate if Greg Koski, awards will begin on or about either requested in the study analysis and Director, Office for Human Research July 1, 2001 and will be made for a 12- collaborate, if requested, in interpreting Protections. month budget period within a project the study findings. [FR Doc. 01–7443 Filed 3–23–01; 8:45 am] period of up to 3 years. Funding c. Conduct technical and peer review. BILLING CODE 4160–17–M estimates may change. Continuation awards within an E. Application Content approved project period will be made In a narrative form, the application DEPARTMENT OF HEALTH AND on the basis of satisfactory progress as should include a discussion of areas HUMAN SERVICES evidenced by required reports and the under the ‘‘Evaluation Criteria’’ section availability of funds. of this announcement as they relate to Agency for Toxic Substances and Use of Funds the proposed program. These criteria Disease Registry serve as the basis for evaluating the [Program Announcement 01041] Funds may be expended for application; therefore, omissions or reasonable program purposes, such as incomplete information may affect the Exposure to Tremolite Asbestos in personnel, travel, supplies, and services. rating of the application. This program Vermiculite Ore Site-Specific Health Funds for contractual services may be does not require in-kind support or Activities; Notice of Availability of requested; however, the grantee, as the matching funds, however, the applicant Funds direct and primary recipient of PHS should describe any in-kind support in grant funds, must perform a substantive the application. A. Purpose role in carrying out project activities The narrative should be no more than The Agency for Toxic Substances and and not merely serve as a conduit for an 30 pages, double-spaced, printed on Disease Registry (ATSDR) announces award to another party or provide funds one-side, with 1″ margins, and
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unreduced fonts (font size 12 point) on F. Submission and Deadline Forms, or in the application kit. The 81⁄2″ by 11″ paper. The pages must be proposed timetable for receiving new Application clearly numbered, and a complete index applications and making awards is to the application and its appendices Submit the original and two copies of shown below: must be included. The original and two PHS 5161–1 (OMB Number 0937–0189). copies of the application must be Forms are available at the following submitted unstapled and unbound. Internet address: www.cdc.gov/. . .
Submission deadlines Review dates Award dates
May 1, 2001 ...... June 1, 2001 ...... July 1, 2001. August 1, 2001 ...... September 1, 2001 ...... September 30, 2001.
On or before above dates, submit the concerned individuals and 2. Financial status report, no more application to the Grants Management organizations; and (f) the degree to than 90 days after the end of the budget Specialist identified in the ‘‘Where to which the applicant has met the CDC period; and Obtain Additional Information’’ section Policy requirements regarding the 3. final financial and performance of this announcement. inclusion of women, ethnic, and racial reports, no more than 90 days after the Deadline: Applications shall be groups in the proposed research. This end of the project period. considered as meeting the deadline if includes the proposed plan for the Send all reports to the Grants they are either: inclusion of both sexes and racial and Management Specialist identified in the (1) Received on or before the deadline ethnic minority populations for ‘‘Where to Obtain Additional date; or appropriate representation. Information’’ section of this (2) Sent on or before the deadline date announcement. and received in time for submission to 2. Program Personnel (30 Percent) The following additional the independent review group. The extent to which the application requirements are applicable to this (Applicants must request a legibly dated has described (a) the qualifications, program. For a complete description of U.S. Postal Service postmark or obtain experience, and commitment of the each, see Attachment I in the a legibly dated receipt from a principal investigator (or project application kit. commercial carrier or U.S. Postal director) and his/her ability to devote AR–1 Human Subjects Requirements Service. Private metered postmarks shall adequate time and effort to provide AR–2 Requirements for Inclusion of not be acceptable as proof of timely effective leadership; and (b) the Women and Racial and Ethnic mailing.) competence of associates to accomplish Minorities in Research Late Applications: Applications the proposed activity, their AR–7 Executive Order 12372 Review which do not meet the criteria in (1) or commitment, and the time they will AR–9 Paperwork Reduction Act (2) above are considered late devote. Requirements applications, will not be considered, 3. Applicant Capability and AR–10 Smoke-Free Workplace and will be returned to the applicant. Coordination Efforts (20 Percent) Requirements AR–11 Healthy People 2010 G. Evaluation Criteria The extent to which the application AR–12 Lobbying Restrictions Each application will be evaluated has described (a) the capability of the AR–17 Peer and Technical Reviews of individually against the following applicant’s administrative structure to Final Reports of Health Studies— criteria by an independent review group foster successful scientific and ATSDR appointed by ATSDR. administrative management of a study; AR–18 Cost Recovery—ATSDR (b) the capability of the applicant to 1. Proposed Program (50 Percent) AR–19 Third Party Agreements— demonstrate an appropriate plan for ATSDR The extent to which the application interaction with the community; (c) the addresses (a) the approach, feasibility, suitability of facilities and (d) I. Authority and Catalog of Federal adequacy, and rationale of the proposed equipment available or to be purchased Domestic Assistance Number project design; (b) the technical merit of for the project. This program is authorized under the proposed project, including the section 104 (i)(1)(E), (7), (14) and (15) of 4. Program Budget—(Not Scored) degree to which the project can be the Comprehensive Environmental expected to yield results that meet the The extent to which the budget is Response, Compensation and Liability program objective as described in the reasonable, clearly justified, and Act (CERCLA) of 1980 as amended by Background (attachment II) sections of consistent with intended use of the Superfund Amendments and this announcement and the technical cooperative agreement/grant funds. Reauthorization Act (SARA) of 1986 [42 merit of the methods and procedures 5. Human Subjects (Not Scored) U.S.C. 9604 (i)(1)(E)(6),(7),(14), and (including quality assurance and quality (15)]. The Catalog of Federal Domestic control procedures) for the proposed Does the application adequately Assistance number is 93.161. project; (c) the proposed project address the requirements of Title 45 timeline, including clearly established CFR Part 46 for the protection of human J. Where To Obtain Additional project objectives for which progress subjects? Information toward attainment can and will be H. Other Requirements A complete copy of the measured; (d) the proposed community announcement may be downloaded involvement strategy; (e) the proposed Technical Reporting Requirements from CDC’s home page on the Internet method to disseminate the results to Provide CDC and ATSDR with at: http://www.cdc.gov. Click on State and local public health officials, original plus two copies of— ‘‘Funding’’ then ‘‘Grants and community residents, and other 1. Annual progress reports; Cooperative Agreements.’’ To receive
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additional written information and to impacts of activities undertaken by Start regulations (45 CFR part 1309) to request an application kit, call 1–888– Head Start and Early Head Start grantees establish procedures for grantees to GRANTS4 (1–888–472–6874). You will when purchasing, renovating or apply to use grant funds to cover the be asked to leave your name and constructing child care facilities with cost of constructing and making major address and will be instructed to grant funds. This document was renovations to Head Start and Early identify the Announcement number of prepared in accordance with the Head Start facilities and the steps interest. National Environmental Policy Act of necessary to protect the Federal interest If you have questions after reviewing 1969, as amended, the regulations of the in those facilities. The regulations at 45 the contents of all the documents, Council on Environmental Quality (40 CFR part 1309 currently establish business management technical CFR 1500–1508), and the Revised procedures for grantees to request to use assistance may be obtained from: Nelda General Administration Manual, HHS Head Start and Early Head Start grant Y. Godfrey, Grants Management Part 30, Environmental Protection. ACF funds to purchase facilities and to Specialist, Grants Management Branch, received no comments on the Draft protect the Federal interest in those Procurement and Grants Office, Centers Programmatic Environmental facilities. The authority for use of Head for Disease Control and Prevention, Assessment. ACF reviewed the Start and Early Head Start grant funds Room 3000, 2920 Brandywine Road, conclusion of the Environmental to purchase, construct or undertake Atlanta, GA 30341–4146, Telephone Assessment (EA), and agreed with its major renovations is found in Section number (770) 488–2722, E-mail address findings. 644 (f) and (g) of the Head Start Act. [email protected]. In the Federal Register on January 25, ACF prepared and published for For program technical assistance, 2001, (66 FR 7768) ACF invited public comment a Draft Environmental contact: comment on a preliminary Assessment on November 9, 2000, (65 Sharon Campolucci, RN, MSN, Deputy determination that regulates governing FR 67377). The alternatives assessed Director, Division of Health Studies, the purchase, construction and included the Proposed Action, which Agency for Toxic Substances and renovation of Head Start and Early Head would include the full range of Disease Registry, Executive Park, Start child care centers. They will not authorized activities including facility Building 4, Suite 2300, Atlanta, GA have a significant impact on the quality purchase, new construction and major 30305, Telephone (404) 639–6200, E- of the human environment and that renovation. The Alternative Action to mail Address [email protected]. preparation of an environmental impact the Proposed Action assessed a more or statement will not be necessary. ACF restrictive alternative in which only Maggie Warren, Funding Resource received no comments on the minor construction and renovations Specialist, Division of Health Studies, preliminary determination pertinent to would be conducted. The No Action Agency for Toxic Substances and the findings of the Environmental Alternative under which only incidental Disease Registry, 1600 Clifton Rd., Assessment. ACF is therefore issuing a alterations and renovations would be NE., Mail Stop E–31, Atlanta, GA Final Finding of No Significant Impact conducted was also assessed. The 30333, Telephone (404) 639–5114, E- by finding that regulations governing assessment considered the Proposed mail Address [email protected]. the purchase, construction and Action, Alternative Action and the No renovation of Head Start and Early Head Action Alternative and the effects of Dated: March 20, 2001. each on water quality, air quality, noise, Georgi Jones, Start child care centers will not have a significant impact on the quality of the land use, transportation, waste Director, Office of Policy and External Affairs, human environment. ACF finds that the management, human health and safety, Agency for Toxic Substances and Disease soils, vegetation and wildlife, wetlands, Registry. preparation of an environmental impact statement will not be necessary. cultural resources, socioeconomic [FR Doc. 01–7347 Filed 3–23–01; 8:45 am] factors, environmental justice, DATES: This finding is effective on BILLING CODE 4163–70–P recreation, aesthetics, public services March 26, 2001. and utilities. FOR FURTHER INFORMATION CONTACT: ACF has chosen to implement the DEPARTMENT OF HEALTH AND Douglas Klafehn, Acting Associate Proposed Action. Environmental HUMAN SERVICES Commissioner, Head Start Bureau, resources may be affected by Administration on Children, Youth and implementing the Proposed Action and Administration for Children and Families, P.O. Box 1182, Washington, these impacts are analyzed in the Families DC 20013; (202) 205–8572. Programmatic Environmental SUPPLEMENTARY INFORMATION: Head Start Preliminary Finding of No Significant Assessment. Given the nationwide and Early Head Start are authorized Impact nature of this Assessment and the under the Head Start Act (42 U.S.C. variety of possible environmental AGENCY: Administration on Children, 9801 et seq.). It is a national program conditions, it was not deemed prudent Youth and Families (ACYF), ACF, providing comprehensive to define the affected environment for DHHS. developmental services to low-income all possible sites. Instead, the ACTION: Final Finding of No Significant preschool children, primarily from age Assessment identifies circumstances, Impact. three to the age of compulsory school which may result in significant impacts, attendance, and their families. which must be avoided or mitigated SUMMARY: The Administration for Early Head Start programs enroll when costs of purchasing, constructing Children and Families published a children from birth to three years old or making major renovations to a Head Notice in the Federal Register on and pregnant women. To help enrolled Start facility are met with grant funds. November 9, 2000, (65 FR 67377) children achieve their full potential, In the course of implementing the notifying interested parties that a Draft Head Start and Early Head Start Proposed Action, there will be some Programmatic Environmental programs provide comprehensive impacts to environmental resources. Assessment issued by ACF was health, nutritional, educational, social Most of these impacts, however, are available for review and comment. The and educational services. ACF has expected to be minimal, largely due to document assessed the environmental proposed amendments to existing Head mitigating measures during the site
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selection, construction, operation and impacts can be mitigated by using ha) of a wetland would be altered, or a decommissioning phases. In many flaggers on busy roads during flood plain area is altered enough to cases, compliance with State, local and construction phases. Transit can be present a reasonable flood danger to the tribal regulations will lead to the subsidized if a facility is on a major road area, or causes the degradation or loss avoidance of significant impacts, simply to discourage automobile use. of habitat for populations indigenous to by requiring mitigation or by leading the (f) Waste Management—An impact the flood plain area, or prohibits grantee to select a different site. would be considered significant if there farming activities. Significant impacts The Programmatic Environmental is an increase in the generation of solid will be avoided by Head Start and Early Assessment described the following or hazardous waste beyond the present Head Start grantees choosing sites other possible significant impacts and means facility capacity or new facility capacity than wetlands. for mitigating them. to safely handle and dispose of that (k) Cultural Resources—An impact (a) Water Quality—An impact would waste. Significant impacts will be would be significant if an effect on a be considered significant if effluent or mitigated by grantees adhering to State, historic property occurs that may pollutant emissions result in exposure local and tribal regulations and diminish the integrity of the historic of people, wildlife, or vegetation to ordinances for waste management. properties location, design, setting, surface or ground waters that do not (g) Human Health and Safety—An workmanship, feeling or association as meet the standards established under impact would be considered significant set forth in 36 CFR 800.9. Significant the Clean Water Act, or interfere with if there is inadequate protection against impacts will be avoided by Head Start State water quality standards. serious injury to any worker or user and Early Head Start grantees choosing Significant impacts on the environment during construction, maintenance, or sites which are not historic sites. from operation, construction or operation of the project. Exposure to (l) Socioeconomics—A change of renovation will be mitigated by grantees hazardous compounds or fumes at more than 2 percent of the previously adhering to all State, local and tribal concentrations above health-based projected level of local employment, regulations regarding zoning, planning levels would be a significant impact. population, or gross domestic product and construction. Significant impacts can be mitigated by would be considered a significant (b) Air Quality—An impact would be making use of Head Start provided impact. Also, if school populations considered significant if pollutant design guides, and by following State, decrease by more than 2 percent, emissions result in exposure of people, local and tribal licensing requirements. revenues decrease by more than 2 wildlife, or vegetation to ambient air Grantees will avoid new construction at percent and if the vacancy rate that does not meet the standards sites with a history of hazardous increased by more than 2 percent, that established under the Clean Air Act, or material use or storage or sites near would constitute a significant impact. interfere with state ambient air quality pollution sources. As required under 45 Mitigation of significant impacts are not standards. Significant impacts on the CFR 1304.22, all Head Start grantees expected to be likely as the impacts in environment will be mitigated by must establish and implement policies grantees adhering to all State, local and and procedures to respond to medical this area are considered to be positive. tribal regulations regarding construction and dental health emergencies with (m) Environmental Justice—A and operational emissions. which all staff are familiar and trained. significant impact would occur if a (c) Noise—An impact would be In addition, all grantees are required to disproportionate number of minority considered significant if it resulted in post emergency evacuation routes and and/or low income populations were exposure of sensitive receptors to a Day- other procedures for emergencies, adversely affected by the project. Night Level (DNL) of greater than 65 A- which are practiced regularly. Mitigation of significant impacts are not weighted decibels (dBA). A significant (h) Soils—An action would cause a expected to be necessary because impact on the environment from significant impact if soil erosion facilities are not expected to have operation, renovation or construction produced gulling, damage to vegetation, significant adverse environmental sites can be mitigated by maintaining or a sustained increase in sedimentation impacts. normal daylight hours for construction in streams. An action would also (n) Recreation—Significant impacts and normal operation. Significant constitute a significant impact if the on recreation facilities and resources impacts on the environment will be action causes ground fracturing, folding, would occur when the project conflicts mitigated by grantees adhering to all subsistence or instability. Impacts with local, State or tribal recreation State, local and tribal noise regulations. associated with soil contamination plans for the community, or a physical (d) Land Use—An impact would be would be significant if the affected area invasion by the project prevents current considered significant if the proposed was no longer able to support its current and/or future recreational use of action conflicted with any Federal, function or vegetative cover. Significant adjacent properties. Significant impacts regional, State, or local land use plans. impacts will be mitigated by grantees will be mitigated by including If land use patterns are changed in the adhering to all applicable State, local recreation sites in plans for child care immediate project area due to the and tribal regulations. centers to reduce reliance on public proposed action, the impact would also (i) Vegetation and Wildlife—An action resources. be considered significant. Significant would cause a significant impact if the (o) Aesthetics—A significant impact impacts can be mitigated by requiring degradation or loss of habitat sufficient would be the addition, into a grantees to comply with State, local and to cause indigenous populations to predominantly natural setting, of tribal land use plans and ordinances. leave or avoid the area occurred. incongruous human-made elements (e) Transportation—An impact would Significant impacts will be avoided by such as structures, noise, trash or be considered significant if there is a Head Start and Early Head Start grantees pollutants, to the extent that they traffic increase, which is predicted to choosing sites which do not raise degrade the enjoyment of the setting for upset the normal flow of traffic, create substantial biological concerns. a majority of visitors or residents. the need for major road repair as a result (j) Wetlands—An action would cause Significant impacts will be mitigated by of the action, or generate traffic levels a significant impact if the soil structure, grantees adhering to local or tribal requiring the expansion of existing or water related hydrologic features or ordinances and regulations on building roadways or facilities. Significant the vegetation of more than 3 acre (1/10 appearance.
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(p) Public Services—An impact would Health Care Financing Administration DEPARTMENT OF HEALTH AND be considered significant if the (HCFA), Department of Health and HUMAN SERVICES proposed project inhibited the public Human Services, is publishing the services by preventing fire, police, following summary of proposed Health Care Financing Administration emergency or social services from collections for public comment. [Document Identifier: HCFA–R–52] responding to calls in a timely way or Interested persons are invited to send if the project would impose excessive comments regarding this burden Agency Information Collection demands on public services. estimate or any other aspect of this Activities: Submission for OMB Significant impacts will be mitigated collection of information, including any Review; Comment Request by grantees using public services in of the following subjects: (1) The In compliance with the requirement appropriate and responsible ways and necessity and utility of the proposed of section 3506(c)(2)(A) of the by complying with State, local or tribal information collection for the proper Paperwork Reduction Act of 1995, the licensing regulations to reduce dangers performance of the agency’s functions; of fires or other emergencies. Health Care Financing Administration (2) the accuracy of the estimated (HCFA), Department of Health and (q) Utilities—Significant impacts burden; (3) ways to enhance the quality, would occur where the proposed project Human Services, has submitted to the utility, and clarity of the information to Office of Management and Budget would inhibit the use of such services be collected; and (4) the use of by any other property owner, or if the (OMB) the following proposal for the automated collection techniques or collection of information. Interested project created an unreasonable demand other forms of information technology to on utility companies. Significant persons are invited to send comments minimize the information collection regarding the burden estimate or any impacts will be mitigated by burden. incorporating energy efficient features other aspect of this collection of in building design. Type of Information Collection information, including any of the (r) Cumulative Effects—Considered on Request: New collection; Title of following subjects: (1) The necessity and a nationwide scale, activities related to Information Collection: Collection of utility of the proposed information the purchase, construction and major data on Hospital Outpatient Encounters collection for the proper performance of renovation of Head Start and Early Head from Medicare + Choice Programs; Form the agency’s functions; (2) the accuracy Start facilities are expected to have a No.: HCFA–10021 (OMB# 0938–NEW); of the estimated burden; (3) ways to negligible cumulative impact. Use: HCFA requires hospital outpatient enhance the quality, utility, and clarity ACF does not contemplate approving encounter data from Medicare+Choice of the information to be collected; and the purchase, construction or major organizations to develop and implement (4) the use of automated collection renovation of Head Start or Early Head a risk adjustment payment methodology techniques or other forms of information Start facilities located, or to be located, as required by the Balance Budget Act technology to minimize the information on wetlands or flood plains, at sites of 1997; Frequency: Monthly; Affected collection burden. where the project would affect Public: Business or other for-profit, Not- Type of Information Collection significantly sensitive natural habitats, for-profit institutions; Number of Request: Extension of a currently or at sites where the project would Respondents: 300; Total Annual approved collection; significantly affect historic properties. Responses: 12,600; Total Annual Hours: Title of Information Collection: This policy reflects concern not only 60,375. Conditions for Coverage of Suppliers of with the adverse effects on the End Stage Renal Disease (ESRD) To obtain copies of the supporting Services and Supporting Regulations environment that selection of such sites statement and any related forms for the would have, but also in recognition of Contained in 42 CFR 405.2100–.2171; proposed paperwork collections Form No.: HCFA–R–52 (OMB# 0938– the prohibitive costs, which would referenced above, access HCFA’s Web 0386); likely be incurred in mitigating Site address at http://www.hcfa.gov/ Use: This information is needed to significant impacts at those sites. regs/prdact95.htm, or E-mail your encourage proper distribution and Dated: March 19, 2001. request, including your address, phone effective utilization of ESRD treatment Diann Dawson, number, OMB number, and HCFA sources while maintaining and Acting Principal Deputy Assistant Secretary, document identifier, to improving the efficient delivery of care Administration for Children and Families. [email protected], or call the Reports by physicians and dialysis facilities.; [FR Doc. 01–7338 Filed 3–23–01; 8:45 am] Clearance Office on (410) 786–1326. Frequency: Annually; BILLING CODE 4184–01–M Written comments and Affected Public: Business or other for- recommendations for the proposed profit, and Federal Government; information collections must be mailed Number of Respondents: 3,940; DEPARTMENT OF HEALTH AND within 30 days of this notice directly to Total Annual Responses: 3,940; HUMAN SERVICES the OMB desk officer: OMB Human Total Annual Hours: 143,721. Resources and Housing Branch, To obtain copies of the supporting Health Care Financing Administration Attention: Wendy Taylor, New statement for the proposed paperwork collections referenced above, access [Document Identifier: HCFA–10021] Executive Office Building, Room 10235, Washington, DC 20503 HCFA’s WEB SITE ADDRESS at http:// www.hcfa.gov/regs/prdact95.htm, or E- Agency Information Collection Dated: March 13, 2001. Activities: Submission for OMB mail your request, including your John P. Burke III, Review; Comment Request address and phone number, to HCFA Reports Clearance Officer, HCFA Office [email protected], or call the Reports AGENCY: Health Care Financing of Information Services, Security and Clearance Office on (410) 786–1326. Administration, HHS. Standards Group, Division of HCFA Written comments and In compliance with the requirement Enterprise Standards. recommendations for the proposed of section 3506(c)(2)(A) of the [FR Doc. 01–7327 Filed 3–23–01; 8:45 am] information collections must be mailed Paperwork Reduction Act of 1995, the BILLING CODE 4120–03–P within 30 days of this notice directly to
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the OMB Desk Officer designated at the This collection effort will be used to Reduction Act of 1995 concerning following address: OMB Human price the M+C plan offered to Medicare opportunity for public comment on Resources and Housing Branch, beneficiaries by an M+C organization. proposed collections of information, the Attention: Allison Eydt, New Executive Organizations submitting the Adjusted Substance Abuse and Mental Health Office Building, Room 10235, Community Rate form would include all Services Administration will publish Washington, DC 20503. M+C organizations plus any periodic summaries of proposed Dated: January 30, 2001. organization intending to contract with projects. To request more information John P. Burke III, HCFA as a M+C organization. These on the proposed projects or to obtain a HCFA Reports Clearance Officer, HCFA, current M+C organization contractors copy of the information collection Office of Information Services, Security and will be required to submit this form no plans, call the SAMHSA Reports Standards Group, Division of HCFA later than May 1, 1999 for the calendar Clearance Officer on (301) 443–7978. Enterprise Standards. year 2000.; Frequency: Annually; Comments are invited on: (a) Whether [FR Doc. 01–7328 Filed 3–23–01; 8:45 am] Affected Public: Businesses or other for the proposed collections of information BILLING CODE 4120–03–P profit, Not-for-profit institutions.; are necessary for the proper Number of Respondents: 400; Total performance of the functions of the Annual Responses: 400; Total Annual agency, including whether the DEPARTMENT OF HEALTH AND Hours Requested: 40,000. information shall have practical utility; HUMAN SERVICES To obtain copies of the supporting statement for the proposed paperwork (b) the accuracy of the agency’s estimate Health Care Financing Administration collections referenced above, access of the burden of the proposed collection of information; (c) ways to enhance the [Document Identifier: HCFA–R–228] HCFA’s WEB SITE ADDRESS at http:// www.hcfa.gov/regs/prdact95.htm, or E– quality, utility, and clarity of the Agency Information Collection mail your request, including your information to be collected; and (d) Activities: Submission for OMB address and phone number, to ways to minimize the burden of the Review; Comment Request [email protected], or call the Reports collection of information on Clearance Office on (410) 786–1326. respondents, including through the use In compliance with the requirement Written comments and of automated collection techniques or of section 3506(c)(2)(A) of the recommendations for the proposed other forms of information technology. Paperwork Reduction Act of 1995, the information collections must be mailed Proposed Project: 2002 National Health Care Financing Administration within 30 days of this notice directly to Household Survey on Drug Abuse— (HCFA), Department of Health and the OMB Desk Officer designated at the (OMB Number 0930–0110, Revision)— Human Services, has submitted to the following address: OMB Human The National Household Survey on Office of Management and Budget Resources and Housing Branch, Drug Abuse (NHSDA) is a survey of the (OMB) the following proposal for the civilian, noninstitutionalized collection of information. Interested Attention: Allison Eydt, New Executive Office Building, Room 10235, population of the United States 12 years persons are invited to send comments old and older. The data are used to regarding the burden estimate or any Washington, DC 20503. determine the prevalence of use of other aspect of this collection of Dated: January 30, 2001. tobacco products, alcohol, illicit information, including any of the John P. Burke III, substances, and illicit use of following subjects: (1) The necessity and HCFA Reports Clearance Officer, HCFA, prescription drugs. The results are used utility of the proposed information Office of Information Services, Security and by SAMHSA, ONDCP, Federal collection for the proper performance of Standards Group, Division of HCFA government agencies, and other the agency’s functions; (2) the accuracy Enterprise Standards. organizations and researchers to of the estimated burden; (3) ways to [FR Doc. 01–7329 Filed 3–23–01; 8:45 am] establish policy, direct program enhance the quality, utility, and clarity BILLING CODE 4120–03–P of the information to be collected; and activities, and better allocate resources. (4) the use of automated collection For the 2002 NHSDA, the modular techniques or other forms of information DEPARTMENT OF HEALTH AND components of the NHSDA technology to minimize the information HUMAN SERVICES questionnaire will remain essentially collection burden. unchanged except for minor Type of Information Collection Substance Abuse and Mental Health modifications to wording. As with all Request: Revision of a currently Services Administration NHSDA surveys conducted since 1999, approved collection; Title of the sample size of the survey for 2002 Agency Information Collection Information Collection: Managed Care will be sufficient to permit prevalence Activities: Proposed Collection; Adjusted Community Rate (ACR) estimates for each of the fifty states and Comment Request Proposal and Supporting Regulations in the District of Columbia. The total 42 CFR 422.300–422.312; Form No.: In compliance with Section annual burden estimate is 85,400 hours HCFA–R–0228 (OMB# 0938–0742); Use: 3506(c)(2)(A) of the Paperwork as shown below:
Average Number of Responses/ burden Total burden respondents respondent response hours (hrs.)
Household Screening ...... 202,500 1 0.083 16,808 NHSDA Interview ...... 67,500 1 1.000 67,500 Screening Verification ...... 6,176 1 0.067 414
Interview Verification ...... 10,125 1 0.067 678 Total ...... 85,400
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Please send comments to Nancy individuals and family members within subject to the control of the Tribe shall Pearce, SAMHSA Reports Clearance the Paskenta Band of Nomlaki Indians. be lawful within the exterior boundaries Officer, Parklawn Building, 5600 This notice is being published in of the Paskenta Nomlaki Indian Fishers Lane, Room 16–105, Rockville, accordance with the authority delegated Reservation; provided that such sales Maryland 20857. Written comments by the Secretary of the Interior to the are in conformity with the laws of the should be received within 60 days of Assistant Secretary—Indian Affairs by State of California. this notice. 209 Departmental Manual 8.1. (b) The sale of alcoholic beverages by the drink at special events authorized by Dated: March 19, 2001. I certify that by Resolution No. 4–19– 00, the Paskenta Band of Nomlaki the Tribe shall be lawful within the Richard Kopanda, Indians Liquor Control Ordinance No. exterior boundaries of the Paskenta Executive Officer, SAMHSA. 2000–419B was duly adopted by the Nomlaki Indian Reservation; provided [FR Doc. 01–7348 Filed 3–23–01; 8:45 am] Paskenta Band Tribal Council on April that such sales are in conformity with BILLING CODE 4162–20–P 19, 2000. the laws of the State of California and Dated: March 19, 2001. with prior approval by the Tribe. Article 7. Age Limits. The drinking James H. McDivitt, age within the Paskenta Nomlaki Indian DEPARTMENT OF THE INTERIOR Deputy Assistant Secretary—Indian Affairs Reservation shall be the same as that of (Management). the State of California, which is Bureau of Indian Affairs The Paskenta Band of Nomlaki currently 21 years. No person under the Paskenta Band of Nomlaki Indians Indians Liquor Control Ordinance No. age 21 years shall purchase, possess or Liquor Control Ordinance 2000–419B reads as follows: consume any alcoholic beverage. At such time, if any, as California business Liquor Control Ordinance 2000–419B AGENCY: Bureau of Indian Affairs, and Profession Code § 25658, which sets Interior. Article 1. Name. This statute shall be the drinking age for the State of ACTION: Notice. known as the Paskenta Liquor Control California, is repealed or amended to Ordinance. raise or lower the drinking age within SUMMARY: This notice publishes the Article 2. Authority. This statute is California, this Article shall Paskenta Band of Nomlaki Indians enacted pursuant to the Act of August automatically become null and void, Liquor Control Ordinance. The 15, 1953, (Public Law 83–277, 67 Stat. and the Tribal Council shall be Ordinance regulates the control of, the 588, 18 U.S.C. § 1161) and Article VI of empowered to amend this Article to possession of, and the sale of liquor on the Constitution of the Tribe. match the age limit imposed by state the Paskenta Indian trust lands, and is Article 3. Purpose. The purpose of law, such amendment to become in conformity with the laws of the State this statute is to regulate and control the effective upon publication in the of California, where applicable and possession and sale of liquor on the Federal Register by the Secretary of the necessary. Although the Ordinance was Paskenta Nomlaki Indian Reservation, Interior. adopted on April 19, 2000, it does not and to permit alcohol sales by tribally Article 8. Civil Penalties. The Tribe, become effective until published in the owned and operated enterprises, and at through its Tribal Council and duly Federal Register because the failure to tribally approved special events, for the authorized security personnel, shall comply with the ordinance may result purpose of the economic development have the authority to enforce this statute in criminal charges. of the Tribe. The enactment of a tribal by confiscating any liquor sold, DATES: This Ordinance is effective on statute governing liquor possession and possessed or introduced in violation March 26, 2001. sales on the Paskenta Nomlaki Indian hereof. The Tribal Council shall be Reservation will increase the ability of empowered to sell such confiscated FOR FURTHER INFORMATION CONTACT: tribal government to control Reservation liquor for the benefit of the Tribe and to Kaye Armstrong, Office of Tribal liquor distribution and possession, and develop and approve such regulation as Services, 1849 C Street, NW., MS 4631– will provide an important source of may become necessary for enforcement MIB, Washington, DC 20240–4001; revenue for the continued operation and of this ordinance. telephone (202) 208–4400. strengthening of the tribal government, Article 9. Prior Inconsistent SUPPLEMENTARY INFORMATION: Pursuant the economic viability of tribal Enactments. Any prior tribal laws, to the Act of August 15, 1953, Public enterprises, and the delivery of tribal resolutions, or statutes, which are Law 83–277, 67 Stat. 586, 18 U.S.C. government services. This Liquor inconsistent with this statute, are hereby 1161, as interpreted by the Supreme Control Ordinance is in conformity with repealed to the extent they are Court in Rice v. Rehner, 463 U.S. 713 the laws of the State of California as inconsistent with this statute. (1983), the Secretary of the Interior shall required by 18 U.S.C. § 1161, and with Article 10. Sovereign Immunity. certify and publish in the Federal all applicable federal laws. Nothing contained in this statute is Register notice of adopted liquor Article 4. Effective Date. This statute intended to, nor does in any way, limit, ordinances for the purpose of regulating shall be effective as of the date of its alter, restrict, or waive the sovereign liquor transaction in Indian country. publication in the Federal Register. immunity of the Tribe or any of its The Paskenta Band of Nomlaki Indians Article 5. Possession of Alcohol. The agencies from unconsented suit or Liquor Control Ordinance No. 2000– introduction or possession of alcoholic action of any kind. 419B, as authorized by Resolution No. beverages shall be lawful within the Article 11. Severability. If any 4–19–00, was duly adopted by the exterior boundaries of the Paskenta provision of this statute is found by any Paskenta Band Tribal Council on April Nomlaki Indian Reservation; provided agency or court of competent 19, 2000. The Paskenta Band, in that such introduction or possession is jurisdiction to be unenforceable, the furtherance of its economic and social in conformity with the laws of the State remaining provisions shall be goals, has taken positive steps to of California. unaffected thereby. regulate retail sales of alcohol and use Article 6. Sales of Alcohol. Article 12. Amendment. This statute revenues to combat alcohol abuse and (a) The sale of alcoholic beverages by may be amended by majority vote of the its debilitating effects among business enterprises owned by and Tribal Council of the Tribe at a duly
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noticed Tribal Council meeting, such Assistant Secretary—Indian Affairs by License means a license or amendment to become effective upon 209 Departmental Manual 8.l. authorization by the Tribal Council for publication in the Federal Register by I certify that by Resolution No. 00–44, a Permittee to sell Intoxicating the Secretary of the Interior. the Pueblo of Sandia Liquor Sales Beverages at a designated location. Ordinance was duly adopted by the [FR Doc. 01–7357 Filed 3–23–01; 8:45 am] Licensed Establishment means a Sandia Pueblo Tribal Council on physical area of Pueblo of Sandia tribal BILLING CODE 4310–02–M October 28, 2000. land designated by the Pueblo of Sandia Dated: March 12, 2001. Tribal Council as a licensed DEPARTMENT OF THE INTERIOR James H. McDivitt, establishment for the purpose of selling Deputy Assistant Secretary—Indian Affairs intoxicating beverages. Bureau of Indian Affairs (Management). Minor means any person under the The Pueblo of Sandia Tribal Council age of twenty-one (21) years. Pueblo of Sandia Liquor Sales Permit means a permit or license for Ordinance Liquor Ordinance, Resolution No. 00– 44, reads as follows: an Enterprise to sell Intoxicating AGENCY: Bureau of Indian Affairs, Beverages. Interior. Liquor Sales Ordinance of the Pueblo of Permitted Server means any Sandia ACTION: Notice. individual, whether or not a member of BE IT ORDAINED AND ENACTED by the Pueblo, who is an employee or SUMMARY: This notice publishes the the Pueblo of Sandia as follows: owner of a Permittee and who is Pueblo of Sandia Liquor Sales authorized to sell, serve, or dispense Ordinance. The Ordinance is intended Section 1. Introduction intoxicating beverages under such rules to amend and supplement the Liquor A. Title. The title of this ordinance and regulations as the Pueblo may Ordinance which was certified by the shall be the Liquor Sales Ordinance of adopt. A Permitted Server may not be a Secretary of the Interior and published the Pueblo of Sandia. minor. in the Federal Register on March 13, B. Authority. This ordinance is being Permittee means either: (1) The 1958. The Ordinance regulates the passed and enacted in accordance with Pueblo, an Enterprise wholly owned by control of, the possession of, and the the inherent governmental powers of the the Pueblo, or an Enterprise owned in sale of liquor on the Pueblo of Sandia Pueblo of Sandia, a federally-recognized major part and controlled by the Pueblo trust and restricted fee lands, and is in tribe of Indians, and in conformance which is authorized by the Tribal conformity with the laws of the State of with the laws of the State of New Council to sell and serve intoxicating New Mexico, where applicable and Mexico, as required by 18 U.S.C. beverages in a licensed establishment; necessary. Although the Ordinance was Section 1161. or (2) any other Enterprise which is adopted on October 28, 2000, it does not C. Purpose. The purpose of this licensed by the Tribal Council in become effective until published in the ordinance is to regulate the sale of accordance with this Ordinance and Federal Register because the failure to Intoxicating Beverages (as herein thereby authorized to sell and serve comply with the ordinance may result defined) within the exterior boundaries intoxicating beverages in a licensed in criminal charges. of the Pueblo of Sandia. establishment. DATES: This Ordinance is effective on Section 2. Definitions Person means an individual, March 26, 2001. Enterprise means a Person, corporation, limited liability company, FOR FURTHER INFORMATION CONTACT: Individual(s) employed by the Pueblo, partnership, joint venture, association, Kaye Armstrong, Office of Tribal or business owned and/or operated by trust, unincorporated organization or Services, 1849 C Street, NW, MS 4631– the Pueblo, engaged in, or desiring to business, government, Indian Tribe, or MIB, Washington, DC 20240–4001; engage in, the business of selling any agency, instrumentality, or telephone (202) 208–4400. Intoxicating Beverages. subdivision thereof. SUPPLEMENTARY INFORMATION: Pursuant Governor means the Governor of the Pueblo means the Pueblo of Sandia, a to the Act of August 15, 1953, Public Pueblo of Sandia or his designee. federally-recognized tribe of Indians, Law 83–277, 67 Stat. 586, 18 U.S.C. Individuals employed by the Pueblo located within the exterior boundaries 1161, as interpreted by the Supreme means persons who are tribal of the State of New Mexico. Court in Rice v. Rehner, 463 U.S. 713 employees. Tribal Council means the Pueblo of (1983), the Secretary of the Interior shall Intoxicated Person means a person Sandia Tribal Council and will include certify and publish in the Federal whose mental or physical functioning is its duly authorized delegees. Register notice of adopted liquor substantially impaired as a result of the Section 3. General ordinances for the purpose of regulating use of alcohol or drugs. liquor transaction in Indian country. Intoxicating Beverage includes the The sale of Intoxicating Beverages The Pueblo of Sandia Liquor Sales four varieties of liquor commonly shall be lawful within the exterior Ordinance, Resolution No. 00–44, was referred to as alcohol, spirits, wine, and boundaries of the Pueblo of Sandia and duly adopted by the Sandia Pueblo beer, and all fermented, spiritous, on all other lands of the Pueblo over Tribal Council on October 28, 2000. The vinous, or malt liquor, or combinations which the Pueblo has jurisdiction Pueblo of Sandia, in furtherance of its thereof, and mixed liquor, a part of provided that such sale is made in economic and social goals, has taken which is fermented, spiritous, vinous, or conformance with the laws of the State positive steps to regulate retail sales of malt liquor, or otherwise intoxicating, of New Mexico, to the extent applicable, alcohol and use revenues to combat and every liquid or solid or semisolid or and is authorized by this Ordinance. alcohol abuse and its debilitating effects other substance, patented or not, Section 4. Sales Allowed among individuals and family members containing alcohol, spirits, wine, or within the Pueblo of Sandia. beer, excluding any prescription or A. Sales of Intoxicating Beverages on This notice is being published in over-the-counter medicine, any product Pueblo lands are authorized only if the accordance with the authority delegated not fit for human consumption and sale occurs in a Licensed Establishment by the Secretary of the Interior to the wine used for sacramental purposes. and is made by a Permittee.
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B. Sales of Intoxicating Beverages by applicable license renewal fee, as Section 6. Licensed Establishments a Permittee may be made only by a established from time to time by the A. Sales and serving of Intoxicating Permitted Seller. Pueblo. Beverages may occur only in a Licensed C. No sale of Intoxicating Beverages B. Permitted Servers Establishment. shall be made to a person under the age B. Each Licensed Establishment shall of twenty-one (21). 1. Any individual, including be identified by a map showing its Section 5. Permits individuals employed by the Pueblo, location and the perimeters of the land who seeks to become a Permitted and building, together with a general A. Permittees Server, shall apply for a permit on such description of the premises, which map 1. An Enterprise owned or controlled form and pursuant to such rules and and description shall be filed with the by the Pueblo which is expressly regulations as the Pueblo may adopt. Pueblo. A parcel of land not containing authorized to sell and serve Intoxicating The application shall be submitted to a building, so long as the perimeters Beverages by the Tribal Council shall be the Governor and must contain, among thereof are defined, may be a Licensed deemed to be a Permittee without other matters, the following Establishment, including but not limited further application. information: to areas within a golf course, including 2. Any other Enterprise which seeks adjacent facilities utilized in connection (a) the name and address of the with the golf course. to sell and serve Intoxicating Beverages applicant; shall apply for a Permit on such form C. An Enterprise which is not owned and pursuant to such rules and (b) a list of all jobs, businesses, and or controlled by the Pueblo must apply regulations as the Pueblo may adopt. other employment for the immediately to the Tribal Council for a License to The application shall be submitted to preceding five (5) years; operate a Licensed Establishment on the Governor and the Tribal Council, (c) a listing of all residences for the such form and in such a manner as the shall be accompanied by the applicable immediately preceding five (5) years, Pueblo may prescribe. The premises fee, as established from time to time by including street address, city, and state, upon which the Enterprise applies to the Pueblo, and must contain, among and dates of residence at each different operate shall not be deemed a Licensed other matters, the following location; Establishment unless and until such information: License is granted. Unless sooner (d) the information required under terminated in accordance with this (a) the name and address of the subsection A–2–(c), (d) and (e) above; Enterprise and, if applicable, the state in Ordinance, each License shall be for a which it was incorporated or organized, (e) evidence that the individual has maximum period of three (3) years. and a certified copy of its articles of taken the requisite alcohol server D. An Enterprise which is owned or incorporation or organization; training program as may be required of controlled by the Pueblo shall be (b) the names and addresses of all individuals selling Intoxicating deemed to have a Licensed officers of the Enterprise and of all Beverages under the laws of the State of Establishment upon filing the map and Persons owning a five percent (5%) or New Mexico, or agrees to take such description required under subsection greater interest in the Enterprise; course within thirty (30) days of his or (b) pursuant to express authorization of (c) a list of every liquor license or her employment. the Tribal Council. E. No Licensed Establishment shall be permit, by number and state or Indian 2. Server permits, unless sooner located closer than 500 feet from any tribe, in which the Enterprise or any revoked, shall be issued for a period of church, school, or military installation. predecessor-in-interest has, or within up to five (5) years from the date that A Licensed Establishment will be the past ten (10) years had, directly or the Permitted Server has completed an specifically designated so as to permit indirectly owned or held any interest; alcohol server training program. sales by the package and/or by the (d) for every Person identified in drink. paragraph (b), two (2) complete sets of C. Fingerprint Procedures fingerprints and detail with respect to 1. The Pueblo may require two sets of Section 7. Permit and License past criminal activity, including fingerprints from any or all of the Approvals and Denials conviction for any felony, conviction for individuals identified in subsections A. The granting, denial or renewal of any misdemeanors, and conviction for a 5.A and 5.B. above. a Permit or License shall be within the violation of any federal or state liquor 2. All applicants to become Permittees discretion of the Pueblo of Sandia Tribal control law at any time, except that Council. traffic offenses need not be listed; and any other individual required to submit fingerprints hereunder must B. The License for a Licensed (e) detail as to whether the enterprise Establishment or the permit for a or any Person identified in paragraph (b) consent that the fingerprints may be processed by local and national law Permittee or any Permitted Server may either (i) ever applied for a liquor be terminated or revoked for cause. license or permit from any enforcement agencies and all other available agencies. If the search, by Cause shall include: governmental entity, which was denied, 1. Violation of this Ordinance or the and the reasons for such denial, or (ii) virtue of the fingerprint submission, reveals any adverse information which laws of the State of New Mexico; held a liquor license or permit which 2. Violation of any rules and was not shown on the application, the was revoked, and the reasons for such regulations adopted by the Pueblo to individual concerned will be given an revocation; and implement this Ordinance; (f) evidence of financial opportunity to explain the circumstance 3. Sale of Intoxicating Beverages responsibility. of such omission or challenge the outside a Licensed Establishment or in 3. Permits shall be issued for a period authenticity of the revealed information. violation of its Permit or License; not to exceed one (1) year, and may be 3. Any costs associated with 4. Conviction of a Permitted Server, a renewable in the discretion of the supplying the complete sets of Permittee, or of any individual Pueblo upon the submission of a fingerprints and the investigation described in subsection 5.A–2–(b) of a properly completed renewal thereafter will be borne exclusively by felony or of a misdemeanor involving a application, accompanied by the the Permittee. violation of any alcoholic beverage law;
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5. Making a material misstatement in 3. Any minor subject to the criminal Section 13. Sovereign Immunity the application for a Permit; and jurisdiction of the Pueblo purchasing, The sovereign immunity of the Pueblo 6. Allowing a nuisance, drug sales or attempting to purchase or found in of Sandia shall not be waived by this rowdy behavior to occur within the possession of Intoxicating Beverages Ordinance. Licensed Establishment. shall be subject to a fine not to exceed C. Revocation of a Permit will occur $500.00 for each violation. [FR Doc. 01–7271 Filed 3–23–01; 8:45 am] only following an opportunity for a BILLING CODE 4310–02–P 4. Any person subject to the criminal hearing before the Tribal Council or its jurisdiction of the Pueblo who is found authorized delegee. Decisions of the guilty of having made any materially Tribal Council or its authorized delegee DEPARTMENT OF THE INTERIOR false statement or concealed any shall be final and not subject to further material facts in his/her application for review. Bureau of Land Management a Permit granted pursuant to the D. No transfer or assignment of a [CA–660–1430–ER–CACA–8974] Permit shall be made without the provisions of this Ordinance shall be approval in writing of the Tribal immediately discharged from Proposed California Desert Council. employment and shall be subject to a Conservation Area Plan Amendment E. Notwithstanding any other fine not to exceed $500.00 for each and Environmental Impact Statement/ provision of this Ordinance, a Permit violation. Environmental Impact Report (EIS/EIR) issued hereunder shall not be deemed a B. Civil Penalties for the Imperial Irrigation District’s property right or vested right of any Proposed New 230–kV ‘‘BN–BS’’ kind, nor shall the granting of any 1. Any non-member Permittee Transmission Line Project, California Permit give rise to a presumption or violating any provision of this legal entitlement to the renewal of such Ordinance or regulations promulgated AGENCY: Bureau of Land Management Permit. hereunder may be subject to revocation (BLM) and the Imperial Irrigation of its Permit and such other civil District (IID), Interior Section 8. Prohibited Sales and sanctions as are provided in rules and ACTION: Notice of Intent to prepare a Practices regulations implementing this California Desert Conservation Area A. No Permittee or Permitted Server Ordinance. (CDCA) Plan Amendment and joint EIS/ shall: EIR addressing a proposed 230–kV 2. Any Permitted Server who is not a 1. Sell, serve, or dispense Intoxicating transmission line project. Beverages to any person who is member of the Pueblo and who violates obviously intoxicated; any provision of this Ordinance or SUMMARY: In compliance with 2. Award Intoxicating Beverages as regulations promulgated hereunder may regulations at 40 CFR 1501.7 and 43 prizes; be subject to revocation of his/her CFR 1610.2, notice is hereby given that 3. Sell Intoxicating Beverages at a Permit as well as immediate termination the BLM, together with the IID, propose drive-up or walk-up window; of his/her employment. to prepare an amendment to the 4. Sell Intoxicating Beverages to a 3. Any non-member of the Pueblo California Desert Conservation Area minor; who purchases Intoxicating Beverages (CDCA) Plan and to direct the 5. Knowingly sell Intoxicating on behalf of a minor or an Intoxicated preparation of a joint EIS/EIR for the Beverages to an adult purchasing such Person shall be subject to exclusion IID’s proposed 230 kilovolt (kV) ‘‘BN– liquor on behalf of a minor or an from Pueblo lands. BS’’ Transmission Line Project. The Intoxicated Person; or BLM is the lead Federal agency for the 6. Allow a person to bring Section 10. Rules and Regulations preparation of this EIS/EIR in Intoxicating Beverages onto the The Tribal Council may adopt and compliance with the requirements of the premises of a Licensed Establishment National Environmental Policy Act for the purposes of consuming them enforce rules and regulations to implement this Ordinance. The rules (NEPA), the Council on Environmental himself, or providing them to other Quality (CEQ) regulation for individuals. and regulations will be in conformance with New Mexico State law if implementing NEPA (40 Code of Section 9. Enforcement applicable, and with this Ordinance, Federal Regulations [CFR] 1500–1508), and the Department of the Interior’s A. Criminal Penalties and will be submitted for Secretarial review where required by federal law. manual guidance on NEPA; and the IID 1. A Permittee or Permitted Server is the lead State of California agency for who is subject to the criminal Section 11. Amendment the preparation of this EIS/EIR in jurisdiction of the Pueblo and is found compliance with the requirements of the guilty of violating any portion of this This Ordinance amends and California Environmental Quality Act Ordinance shall have his/her/its Permit supplements the prior Liquor Ordinance (CEQA) (Public Resources Code section immediately revoked subject to of the Pueblo of Sandia, enacted and 21000 et seq.), and implementing reinstatement after a hearing pursuant to certified on March 13, 1958 (23 FR guidelines (California Code of subsection 6.D.3, and such individual 1742). This amendment shall be Regulations [CCR] Title 14, section shall be subject to a fine not to exceed effective upon publication in the 15000 et seq.), and IID’s Rules and $500.00 for each violation. Federal Register. Regulations to Implement CEQA. This 2. Any person subject to the criminal Section 12. Severability notice initiates the public participation jurisdiction of the Pueblo who is found process for planning, initiates public guilty of purchasing Intoxicating In the event any provision of this scoping for the EIS and also serves as an Beverages on behalf of a minor or an Ordinance is declared invalid or invitation for other cooperating intoxicated person shall be subject to a unconstitutional by a court of agencies. Potential cooperating agencies fine not to exceed $500.00 for each competent jurisdiction, all other include the U.S. Fish and Wildlife violation or not to exceed one (1) month provisions shall not be affected and Service, Western Area Power in jail. shall remain in full force and effect. Administration, the Department of
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Defense, the State Historic Preservation one of the 16 utility corridors as the Federally listed desert tortoise. The Officer, and the California Department designated in the California Desert IID proposal itself will be subject to of Fish and Game. Conservation Area (CDCA) Plan of 1980, Section 7 consultation in accordance DATES: For scoping meetings and as amended. The CDCA Plan states that with the Endangered Species Act of comments: Two public scoping new utility needs which do not conform 1973 as amended to address potential meetings will be held during 2001 on to the adopted corridor system will be impacts to desert tortoise, including the following dates: processed by means of a Plan cumulative impacts. 1. March 28, from 7–10 p.m., at the IID Amendment in conjunction with The planning process and Board Room, La Quinta, CA. necessary permit hearing required by environmental review analysis for the 2. March 29, from 7–10 p.m., at the other agencies. The proposed plan CDCA Plan Amendment shall be Blythe City Council Multipurpose amendment will consider a range of conducted from an interdisciplinary alternatives including: (1) Allowing a Room, Blythe, CA. perspective to ensure all issues are one time exemption to the CDCA Plan adequately addressed. At minimum, Written comments must be Utility Corridor element to allow for input shall be sought from the following postmarked no later than 30 days from installation of IID’s proposed new 230 disciplines: biological resources, the date of this notice in order to be kV transmission line, (2) designating a cultural resources, visual resource included in the draft Plan/EIR/EIS. new utility corridor from Niland to management, recreation, wilderness, Please submit any comments to the Blythe along the same route, and (3) not and lands and realty. address listed below. amending the CDCA Plan. If the CDCA Interested members of the public are ADDRESSES: Written comments should Plan is not amended, then BLM may invited to participate in this planning/ be addressed to Mr. James G. Kenna— authorize installation of the 230 kV line NEPA process, and are requested to help Field Manager, Bureau of Land transmission within existing utility identify issues or concerns, additional Management, Palm Springs-South Coast corridors only, or BLM may deny the planning criteria, and alternatives to be Field Office, 690 West Garnet Ave, P.O. project. All of these alternatives will be considered related to this proposed Box 581260, North Palm Springs, analyzed within the EIS/EIR. CDCA Plan amendment and proposed California 92258–1260. The meeting BLM has identified a preliminary list 230 kV transmission line. When locations are: of issues which will need to be available, the public will be provided a 1. Imperial Irrigation District, 81–600 addressed in this analysis. Members of 90-day public review period on the draft Ave. 58, La Quinta, CA. the public are invited to identify plan amendment/EIS/EIR and a 30-day 2. Blythe City Council Multipurpose additional issues and concerns to be protest period on the proposed plan Room, 235 N. Broadway, Blythe CA. addressed. The preliminary list of issues amendment/ final EIS/EIR. These includes the following: as proposed, this FOR FURTHER INFORMATION CONTACT: John documents will be made available on Kalish, Bureau of Land Management, 230 kV line would traverse critical the Internet at BLM’s website: Palm Springs-South Coast Field Office, desert tortoise habitat as well as several www.ca.blm.gov and at local public BLM administered areas including the 690 West Garnet Ave, P.O. Box 581260, libraries in the cities of Blythe, Niland, Chuckwalla Bench Area of Critical North Palm Springs, California 92258– La Quinta and Cathedral City, Environmental Concern, the Bradshaw 1260, (760) 251–4849. California. Contact the BLM if you Trail National Backcountry Byway, and SUPPLEMENTARY INFORMATION: The would like to be included in the mailing the Mule Mountains Long Term Visitor list to receive copies of all public Imperial Irrigation District (IID) is a Area. The proposed transmission line is notices relevant to this project. Local community owned utility providing also directly adjacent to the southern notice will be provided a minimum of power to more than 90,000 customers in boundary of the Little Chuckwalla 15 days prior to the meeting dates. Imperial County and parts of Riverside Mountains Wilderness Area. Of the 60 and San Diego Counties, all in mile length of the proposed James G. Kenna, California. The IID is experiencing an transmission line, approximately 44 Field Manager. increase in electrical demand at an miles is on BLM public lands [FR Doc. 01–7310 Filed 3–23–01; 8:45 am] estimated rate of 20 to 30 megawatts administered by both the El Centro and BILLING CODE 4310–40–P annually. In an effort to meet electrical Palm Springs-South Coast Field Offices. power demand, the IID is proposing to These 44 miles include a 17 mile construct a 230 kilovolt (kV) electrical portion that is on the United States DEPARTMENT OF THE INTERIOR transmission line from Niland to Blythe, Navy Chocolate Mountains Aerial and California to access available electrical Gunnery Range. Bureau of Land Management power in the Blythe area. The proposed Planning criteria (43 CFR 1610.4–2) [NV–030–00–1020–24] electrical transmission line begins four are parameters, generally based on miles west of the City of Blythe, in applicable law, which guide Sierra Front-Northwestern Great Basin Riverside County, California and development of the plan amendment, to Resource Advisory Council; Notice of traverses south and west to a point ensure the planning process to tailored Meeting Location and Time located 5.5 miles southeast of the City to the issues and unnecessary data of Niland, in Imperial County, collection is avoided. The BLM has put AGENCY: Bureau of Land Management, California. IID has an existing 161kV together the following preliminary list Interior. transmission line right-of-way, #CA– of planning criteria and invites the ACTION: Notice of meeting location and 8974, from Niland to Blythe, California. public to provide written comments on time for the Sierra Front-Northwestern IID is proposing to construct the 230 kV these criteria. The draft Northern and Great Basin Resource Advisory Council line adjacent to and parallel to their Eastern Colorado Desert (NECO) Plan (Nevada). existing 161 kV line requiring an and draft EIS shall be considered to additional 360 foot wide right-of-way. ensure that there are no inconsistencies SUMMARY: In accordance with the An amendment to the CDCA Plan is between NECO and the IID proposal. Federal Land Policy and Management required because the existing 161 kV This is critical as the NECO Plan has Act and the Federal Advisory line and this proposal are not within been prepared to addressed recovery of Committee Act of 1972 (FACA), the U.S.
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Department of the Interior, Bureau of DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR Land Management (BLM) Sierra Front- Northwestern Great Basin Resource Bureau of Land Management National Park Service Advisory Council (RAC), Nevada, will General Management Plan, Final be held as indicated below. Topics for [CA–930–5410–EQ–B139; CACA 42646] Environmental Impact Statement, discussion will include a plan Chiricahua National Monument, AZ amendment overview for the Pine Nut Conveyance of Mineral Interests in Mountains; a presentation on landscape- California AGENCY: National Park Service, level management of sagebrush Department of the Interior. AGENCY: Bureau of Land Management, dependant species and Great Basin ACTION: Interior. Availability of Final restoration concepts; a review of Environmental Impact Statement and planning for the Knott Creek Grazing ACTION: Notice of segregation. General Management Plan for Allotment with a preview of a July 2001 Chiricahua National Monument. RAC field trip to the allotment; and SUMMARY: The private land described in SUMMARY: Pursuant to section 102(2)(C) other topics the council may raise. this notice, aggregating 40 acres, is segregated and made unavailable for the National Environmental Policy Act All meetings are open to the public. filings under the general mining laws of 1969, the National Park Service The public may present written and/or and the mineral leasing laws to announces the availability of a Final oral comments to the council at 9 a.m. determine its suitability for conveyance Environmental Impact Statement and on Friday, April 27, 2001. The detailed of the reserved mineral interest General Management Plan (FEIS/GMP) agenda will be available on the internet pursuant to section 209 of the Federal for Chiricahua National Monument, by April 12, 2001, at www.nv.blm.gov/ Land Policy and Management Act of Arizona. rac; hard copies can also be mailed or October 21, 1976. The mineral interests DATES: The DEIS/GMP was on public sent via FAX. Individuals who need will be conveyed in whole or in part review from November 5, 1999, through special assistance such as sign language upon favorable mineral examination. January 15, 2000. Responses to public interpretation or other reasonable The purpose is to allow consolidation of comment are addressed in the FEIS/ accommodations should contact Mark surface and subsurface of minerals GMP. Struble, Carson City Field Office, 5665 ownership where there are no known ADDRESSES: Copies of the FEIS/GMP are Morgan Mill Road, Carson City, NV mineral values or in those instances available from the Superintendent 89701, telephone (775) 885–6107 no where the reservation interferes with or Chiricahua National Monument, Dos later than April 20, 2001. precludes appropriate non-mineral Cabezas Route, Box 6500, Willcox, development and such development is a DATE & TIME: The RAC will meet on Arizona 85643–9737. Public reading more beneficial use of the land than the copies of the FEIS/GMP will be Thursday, April 26, 2001, from 9:00 mineral development. a.m. to 5:00 p.m., and Friday, April 27, available for review at the following 2001, from 8:00 a.m. to 4:00 p.m., at FOR FURTHER INFORMATION CONTACT: locations: Walley’s Hot Springs Resort, 2001 Kathy Gary, California State Office, Office of the Superintendent, Foothill Road (NV State Route 206), Federal Office Building, 2800 Cottage Chiricahua National Monument, Dos Genoa, Nevada. A field trip will be Way, Room W–1928, Sacramento, Cabezas Route, Box 6500, Willcox, conducted to the Pine Nut Mountains California 95825, (916) 978–4677. Arizona 85643–9737, Telephone: on Thursday, April 26, 12:00 p.m. to T. 9 S., R. 22 E., Mount Diablo Meridian 520–824–3560 Planning and Environmental Quality, 5:00 p.m.—members of the public are 1 1 Sec. 6, NW ⁄4NE ⁄4 Intermountain Support Office— invited to attend, but will need to County-Madera. Denver, National Park Service, P.O. provide their own high-clearance Box 25287, Denver, CO 80225–0287, vehicle, lunch and water. Public Minerals Reservation—All coal and other minerals. Telephone: (303) 969–2851 comment on individual topics will be Office of Public Affairs, National Park Upon publication of this Notice of received at the discretion of the council Service, Department of the Interior Segregation in the Federal Register as chairperson, as meeting moderator, with 18th and C Streets NW, Washington, provided in 43 CFR 2720.1–1(b), the a general public comment period on D.C. 20240, Telephone: (202) 208– mineral interests owned by the United Friday, April 27, 2001, at 9:00 a.m. 6843 States in the private lands covered by FOR FURTHER INFORMATION CONTACT: the application shall be segregated to Reading copies are also available Mark Struble, Public Affairs Officer, the extent that they will not be subject online at the park’s planning website at BLM Carson City Field Office, 5665 to appropriation under the mining and http://www.nps.gov/planning/chir. Morgan Mill Road, Carson City, NV mineral leasing laws. The segregative SUPPLEMENTARY INFORMATION: The FEIS/ 89701. Telephone (775) 885–6107. effect of the application shall terminate GMP analyzes 3 alternatives to identify and assess the various management Dated: March 16, 2001. by publication of an opening order in the Federal Register specifying the date alternatives and related environmental John O. Singlaub, and time of opening; upon issuance of impacts relative to park operations, Manager, Carson City Field Office. a patent or other document of visitor use and access, natural and [FR Doc. 01–7311 Filed 3–23–01; 8:45 am] conveyance to such mineral interest; or cultural management, and general BILLING CODE 4310–HC–P two years from the date of publication development at the monument. The of this notice, whichever occurs first. general management plan would guide the management of the Chiricahua David Mcilnay, National Monument for the next 12 to Chief, Branch of Lands. 15 years. Alternative A, The National [FR Doc. 01–7309 Filed 3–23–01; 8:45 am] Park Service proposal, identified as one BILLING CODE 4310–40–P of the alternatives, would retain most
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existing visitor experiences and would available for review at the following DEPARTMENT OF THE INTERIOR construct a new headquarters/visitor locations: orientation/administrative area just National Park Service outside park boundaries. Alternative B Office of the Superintendent, Fort provides for a traditional park Bowie National Historic Site, Dos Notice of Intent To Prepare a Draft experience with increased personal Cabezas Route, Box 6500, Willcox, Environmental Impact Statement on services and a small number of facility Arizona 85643–9737, Telephone: the Special Resource Study for Fort enhancements. The No-Action 520–824–3560 King, Ocala, FL Alternative would maintain visitor Planning and Environmental Quality, SUMMARY: The National Park Service services and resource protection at Intermountain Support Office— (NPS) will prepare a Draft current limited levels throughout the Denver, National Park Service, P.O. Environmental Impact Statement (DEIS) life of the plan. Box 25287, Denver, CO 80225–0287, to accompany its Special Resource The FEIS/GMP in particular evaluates Telephone: (303) 969–2851 Study (SRS) for Fort King. The NPS will the environmental consequences of the Office of Public Affairs, National Park conduct public scoping meetings in the proposed action and the other local area to receive input from Service, Department of Interior, 18th alternatives on visitor experience, interested parties on issues, concerns and C Streets NW, Washington, D.C. cultural resources, long-term health of and suggestions believed to be relevant natural ecosystems, economic 20240, Telephone: (202) 208–6843 to the management of Fort King and its contribution to gateway communities, Reading copies are also available potential inclusion as a unit of the adjacent landowners, and operational online at the park’s planning website at National Park System. Of particular efficiency. http://www.nps.gov/planning/fobo/. interest to the NPS are suggestions and ideas for managing cultural and natural FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The FEIS/ resources and the visitor experience at Superintendent, Chiricahua National GMP analyzes two alternatives to Fort King. The DEIS will formulate and Monument, at the above address and identify and assess the various evaluate environmental impacts telephone number. management alternatives and related associated with various types and levels Dated: March 2, 2001. environmental impacts relative to park of visitor use and resources management Michael D. Snyder, operations, visitor use and access, at the site. Director, Intermountain Region, National natural and cultural management, and DATES: The dates and times of the public Park Service. general development at the monument. scoping meetings will be published in [FR Doc. 01–7375 Filed 3–23–01; 8:45 am] The general management plan would local newspapers and on the Special BILLING CODE 4310–70–P guide the management of the Fort Bowie Resource Study web site for Fort King. National Historic Site for the next 12 to These dates and times may also be 15 years. The National Park Service obtained by contacting the NPS DEPARTMENT OF THE INTERIOR proposal continues the concept Southeast Regional Office, Division of Planning. Scoping suggestions will be National Park Service established—the principle of a very low level of development, intended to allow accepted throughout the planning process but are urged to be submitted General Management Plan, Final the visitor a ‘‘discovery’’ experience in a place of ‘‘historic abandonment.’’ The prior to July 1, 2001. The NPS Environmental Impact Statement, Fort anticipates that the DEIS will be No-Action Alternative would maintain Bowie National Historic Site, AZ available for public review by December visitor services and resource protection 1, 2001. AGENCY: National Park Service, at current limited levels throughout the ADDRESSES: The locations of the public Department of the Interior. life of the plan. scoping meetings will be published in ACTION: Availability of Final The FEIS/GMP in particular evaluates local newspapers and on the Special Environmental Impact Statement and the environmental consequences of the General Management Plan for Fort Resource Study web site for Fort King proposed action and the other Bowie National Historic Site. which is http://www.nps.gov/sero/ alternatives on visitor experience, fortking/srs_info.htm. These locations SUMMARY: Pursuant to section 102(2)(C) cultural resources, long-term health of may also be obtained by contacting the the National Environmental Policy Act natural ecosystems, economic NPS Southeast Regional Office, Division of 1969, the National Park Service contribution to gateway communities, of Planning. announces the availability of a Final adjacent landowners, and operational Written scoping suggestions should be Environmental Impact Statement and efficiency. submitted to the following address: General Management Plan (FEIS/GMP) Planning Team Leader, Fort King for Fort Bowie National Historic Site, FOR FURTHER INFORMATION CONTACT: Special Resource Study, NPS Southeast Arizona. Superintendent, Fort Bowie National Regional Office, Division of Planning Historic Site, at the above address and and Compliance, 100 Alabama Street, DATES: The DEIS/GMP was on public telephone number. SW, 6th Floor, 1924 Building, Atlanta, review from November 29, 1999 through Georgia 30303. Dated: March 2, 2001. January 15, 2000. Responses to public FOR FURTHER INFORMATION CONTACT: Michael D. Snyder, comment are addressed in the FEIS/ Planning Team Leader, Fort King GMP. Director, Intermountain Region, National Special Resource Study, 404–562–3124, Park Service. ADDRESSES: Copies of the FEIS/GMP are extension 693. available from the Superintendent Fort [FR Doc. 01–7376 Filed 3–23–01; 8:45 am] SUPPLEMENTARY INFORMATION: The NPS Bowie National Historic Site, Dos BILLING CODE 4310–70–P has announced that an EIS on SRSs will Cabezas Route, Box 6500, Willcox, be prepared for all proposed park units; Arizona 85643–9737. Public reading consistent with this policy this EIS is copies of the FEIS/GMP will be being prepared. Issues currently being
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considered for the EIS include a various means, including newsletters general public. It will be based on an determination of Fort King’s national and open houses or meetings. The NPS adequate analysis of existing and significance and an assessment of the will conduct public scoping meetings to potential resource conditions and visitor site’s suitability and feasibility as a explain the planning process and to experiences, environmental impacts, potential addition to the National Park solicit opinions about issues to address and costs of alternative courses of System as a National Historic Site. The in the GMP/EIS. Notification of all such action. EIS will identify cultural and natural meetings will be announced in the local The environmental review of the resources of Fort King and evaluate a press and in NPS newsletters. GMP/EIS for the Monument will be range of potential management options ADDRESSES: Written comments and conducted in accordance with that might adequately protect these information concerning the scope of the requirements of the NEPA (42 U.S.C. resources. EIS, requests to be added to the project 4371 et seq.), NEPA regulations (40 CFR Our practice is to make comments, mailing list, and other matters should be 1500–1508), other appropriate Federal including names and addresses of directed to: Mr. William Supernaugh, regulations, and National Park Service respondents, available for public review Superintendent, Minuteman Missile procedures and policies for compliance during regular business hours. If you National Historic Site, c/o Badlands with those regulations. wish for us to withhold your name and/ National Park, P.O. Box 6, Interior, Dated: March 9, 2001. or address, you must state this South Dakota 57750. Telephone: 605– Catherine A. Damon, prominently at the beginning of your 433–5361. E-mail: comment. However, we will not [email protected]. Acting Regional Director. [FR Doc. 01–7378 Filed 3–23–01; 8:45 am] consider anonymous comments. We FOR FURTHER INFORMATION CONTACT: will make all submission from William Supernaugh, Superintendent, BILLING CODE 4310–70–P organizations or businesses, and from Minuteman Missile National Historic individuals identifying themselves as Site, at the address and telephone DEPARTMENT OF THE INTERIOR representatives or officials of number listed above. organizations or business, available for SUPPLEMENTARY INFORMATION: National Park Service public inspection in their entirety. Minuteman Missile National Historic Dated: March 2, 2001. Site is located in Jackson and Native American Graves Protection Patricia A. Hooks, Pennington counties, South Dakota. and Repatriation Review Committee: Regional Director, Southeast Region. Established on December 2, 1999, this is Meeting a new unit of the National Park System. [FR Doc. 01–7379 Filed 3–23–01; 8:45 am] AGENCY: National Park Service. BILLING CODE 4310–70–M Congress has required that process for preparing a general management plan ACTION: Notice. for the historic site commence within Notice is hereby given in accordance DEPARTMENT OF THE INTERIOR three years of the date of establishment. The Act creating Minuteman Missile with the Federal Advisory Committee National Park Service National Historic Site described the Act (FACA), 5 U.S.C. Appendix (1988), site’s purpose as: (1) To preserve, that a meeting of the Native American Minuteman Missile National Historic protect, and interpret for the benefit and Graves Protection and Repatriation Site enjoyment of present and future Review Committee will be held on May 31, and June 1 and 2, 2001, in AGENCY: National Park Service, Interior. generations the structures associated with the Minuteman II missile defense Kelseyville, CA. ACTION: Notice of intent to prepare a system; (2) to interpret the historical The review committee will meet at draft general management plan and draft the Konocti Harbor Resort & Spa, 8727 environmental impact statement for role of the Minuteman II missile defense system as a key component of America’s Soda Bay Road, Kelseyville, CA 95451, Minuteman Missile National Historic telephone (707) 279-4281, fax (707) 279- Site, South Dakota. strategic commitment to preserve world peace and the broader context of the 8575. SUMMARY: The National Park Service events of the Cold War; and (3) to The agenda for the meeting will (NPS) will prepare a general complement the interpretive programs include 1999/2000 and 2001 Reports to management plan (GMP) and an relating to the Minuteman II missile Congress, discussion of Federal agency associated environmental impact defense system offered by the South compliance, consideration of a dispute statement (EIS) for Minuteman Missile Dakota Air and Space Museum at proposed by the Fallon Paiute-Shoshone National Historic Site, South Dakota, in Ellsworth Air Force Base. tribe, contamination of cultural items, accordance with section 102(2)(C) of the In accordance with NPS Park reburial on Federal lands, and National Environmental Policy Act of Planning policy, the GMP will ensure implementation of the statute in the 1969 (NEPA). This notice is being the Historic Site has a clearly defined West. furnished as required by NEPA direction for resource preservation and A block of lodging rooms has been set Regulations 40 CFR 1501.7. visitor use. The GMP will help define aside at the Konocti Harbor Resort & To facilitate sound planning and what types of resource conditions, Spa. Reservations must be made by May environmental assessment, the NPS visitor uses, and management actions 1, 2001, to guarantee the reduced rate intends to gather information necessary will best achieve the mission of the available for persons attending this for the preparation of the EIS, and to National Park Service and Minuteman meeting. Please reference the National obtain suggestions and information from Missile National Historic Site. Park Service and the NAGPRA Review other agencies and the public on the Additionally the GMP process will Committee meeting when making scope of issues to be addressed in the address facility needs, staffing, park reservations. EIS. Comments and participation in this interpretation and activities, and Meeting sessions will begin at 8:30 scoping process are invited. maintenance. It will be developed in a.m. and will end no later than 5:00 Participation in the planning process consultation with servicewide program p.m. each day. The meeting is open to will be encouraged and facilitated by managers, interested parties, and the the public. Meeting space is limited.
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Persons will be accommodated on a Haslett Warehouse building into a hotel in the possession of Chadron State first-come, first-served basis. and museum/visitor center. College, Chadron, NE. Persons wishing to make a A public meeting will be held on This notice is published as part of the presentation to the review committee April 11, from 10:00 am until 12:15 pm National Park Service’s administrative should submit a request to do so by May at the Firehouse Building F, Lower Fort responsibilities under NAGPRA, 43 CFR 1, 2001. Please submit a written abstract Mason Center, San Francisco, 10.2 (c). The determinations within this of your presentation and your contact California. notice are the sole responsibility of the information. Any member of the public All written comments will be museum, institution, or Federal agency may also file a written statement for available for public review. We that has control of these Native consideration by the review committee anticipate that we will tape record and American human remains and by May 16, 2001. Written requests and transcribe oral comments that are associated funerary objects. The statements should be addressed to the submitted at the April 11th meeting, National Park Service is not responsible review committee in care of the and that these comments will also be for the determinations within this Assistant Director, Cultural Resources available for public review. notice. Stewardship and Partnerships, 1849 C FOR FURTHER INFORMATION CONTACT: San A detailed assessment of the human Street NW-350 NC, Washington, DC Francisco Maritime National Historical remains was made by Rick Weathermon 20240. Park Superintendent William G. of the University of Wyoming as Persons wishing further information Thomas at (415) 556–6282. consultant to Chadron State College. concerning this meeting may contact The staff of Chadron State College has Mr. John Robbins, Assistant Director, Department of Interior Agenda for the April consulted with and provided a report 11, 2001 Public Meeting of the Advisory describing the findings of the University Cultural Resources Stewardship and Commission for the San Francisco Martime Partnerships, 1849 C Street NW-350 NC, National Historical Park of Wyoming assessments of the human Washington, DC 20240, telephone (202) remains and associated funerary objects Firehouse Building F, Lower Fort Mason to representatives of the Apache Tribe of 343–3387, fax (202) 343–5260, e-mail Center 10:00 am–12:15 pm john< [email protected]. Transcripts of Oklahoma; Assiniboine and Sioux the meeting will be available for public 10 am Tribes of the Fort Peck Indian Welcome—Neit Chaitin, Chairman Reservation, Montana; Blackfeet Tribe of inspection approximately eight weeks Opening Remarks—Neil Chaitin, Chairman after the meeting at the office of the Approval of Minutes from Previous Meeting the Blackfeet Indian Reservation of Montana; Cheyenne River Sioux Tribe Assistant Director, Cultural Resources 10:15 am Stewardship and Partnerships, 800 William Thomas, Superintendent of the Cheyenne River Reservation, South Dakota; Cheyenne-Arapaho North Capitol Street NW, Suite 350, 10:30 am Washington, DC 20001. C.A. Thayer status—Michael Bell, Project Tribes of Oklahoma; Comanche Indian The Native American Graves Officer Tribe, Oklahoma; Crow Creek Sioux Protection and Repatriation Review 10:45 am Tribe of the Crow Creek Reservation, Committee was established by Public Haslett Visitor Center—Marc Hayman, C, South Dakota; Crow Tribe of Montana; Law 101-601 to monitor, review, and Interpretation & Resource Management Fort Sill Apache Tribe of Oklahoma; assist in implementation of the 11:15 am Jicarilla Apache Tribe of the Jicarilla inventory and identification process and Ships Preservation Report—Wayne Boykin, Apache Indian Reservation, New repatriation activities required under Ships Manager Mexico; Kiowa Indian Tribe of the Native American Graves Protection 11:45 am Oklahoma; Lower Brule Sioux Tribe of and Repatriation Act. Public Comments and Questions the Lower Brule Reservation, South Dakota; Mescalero Apache Tribe of the Dated: March 7, 2001. 12 pm Agenda items/Date for next meeting Mescalero Reservation, New Mexico; John Robbins, Arapaho Tribe of the Wind River Assistant Director, Cultural Resources Michael R. Bell, Reservation, Wyoming; Northern Stewardship and Partnerships Superintendent. Cheyenne Tribe of the Northern [FR Doc. 01–7382 Filed 3–23–01; 8:45 am] [FR Doc. 01–7377 Filed 3–23–01; 8:45 am] Cheyenne Indian Reservation, Montana; BILLING CODE 4310–70–F BILLING CODE 4310–70–P Northwestern Band of Shoshoni Nation of Utah (Washakie); Oglala Sioux Tribe of the Pine Ridge Reservation, South DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR Dakota; Omaha Tribe of Nebraska; National Park Service National Park Service Pawnee Nation of Oklahoma; Ponca Tribe of Indians of Oklahoma; Ponca Pacific West Region; San Francisco Notice of Inventory Completion for Tribe of Nebraska; Rosebud Sioux Tribe Maritime National Historical Park; Native American Human Remains and of the Rosebud Indian Reservation, Notice of Meeting and Request for Associated Funerary Objects in the South Dakota; Santee Sioux Tribe of the Public Comment Possession of Chadron State College, Santee Reservation of Nebraska; Chadron, NE Shoshone Tribe of the Wind River The National Park Service is seeking Reservation, Wyoming; Shoshone- public comments regarding the AGENCY: National Park Service. Bannock Tribes of the Fort Hall restoration and preservation efforts and ACTION: Notice. Reservation of Idaho; Shoshone-Paiute plans for the fleet of seven historical Tribes of the Duck Valley Reservation, ships located at Hyde Street Pier, San Notice is hereby given in accordance Nevada; Spirit Lake Tribe, North Francisco Maritime National Historical with provisions of the Native American Dakota; Standing Rock Sioux Tribe of Park. Graves Protection and Repatriation Act North and South Dakota; Three In addition, public comments and (NAGPRA), 43 CFR 10.9, of the Affiliated Tribes of the Fort Berthold questions are being sought regarding the completion of an inventory of human Reservation, North Dakota; and Yankton historic leasing act project to convert the remains and associated funerary objects Sioux Tribe of South Dakota.
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At unknown dates, human remains associated funerary objects in the of Utah (Washakie); Oglala Sioux Tribe representing eight individuals were possession of the college. At this of the Pine Ridge Reservation, South donated to Chadron State College. conference representatives from the Dakota; Omaha Tribe of Nebraska; Circumstances involving the original Cheyenne River Sioux Tribe of the Pawnee Nation of Oklahoma; Ponca acquisitions of the human remains and Cheyenne River Reservation, South Tribe of Indians of Oklahoma; Ponca associated funerary objects are Dakota provided oral history evidence Tribe of Nebraska; Rosebud Sioux Tribe unknown. Based on other known of shared group identity and cultural of the Rosebud Indian Reservation, collection practices, the human remains affiliation to the human remains. The South Dakota; Santee Sioux Tribe of the and associated funerary objects may Cheyenne River Sioux Tribe of the Santee Reservation of Nebraska; have been collected during student field Cheyenne River Reservation, South Shoshone Tribe of the Wind River trips or as a result of inadvertent Dakota represents the Rosebud Sioux Reservation, Wyoming; Shoshone- discovery by local ranchers, farmers, or Tribe of the Rosebud Indian Bannock Tribes of the Fort Hall amateur archeologists in the following Reservation, South Dakota; Oglala Sioux Reservation of Idaho; Shoshone-Paiute areas: Harding, Pennington, Bennett, Tribe of the Pine Ridge Reservation, Tribes of the Duck Valley Reservation, Perkins, Shannon, Lawrence, Jackson, South Dakota; Santee Sioux Tribe of the Nevada; Spirit Lake Tribe, North Butte, Custer, Todd, Meade, and Fall Santee Reservation of Nebraska; and Dakota; Standing Rock Sioux Tribe of River counties in South Dakota; and Yankton Sioux Tribes of South Dakota North and South Dakota; Three Dawes, Kimball, Morrill, Sheridan, in repatriation of all human remains and Affiliated Tribes of the Fort Berthold Cherry, Scottsbluff, Cheyenne, Arthur, cultural items in the possession and Reservation, North Dakota; and Yankton Sioux, Grant, Keith, McPherson, Banner, control of museums and Federal Sioux Tribe of South Dakota. This Box Butte, and Hooker counties in agencies, as authorized in an inter-tribal notice has been sent to officials of the Nebraska. The remains were stored in Memorandum of Agreement. Apache Tribe of Oklahoma; Assiniboine the pathology laboratory and earth Based on the above-mentioned and Sioux Tribes of the Fort Peck Indian science laboratory in the Chadron State information, officials of the Chadron Reservation, Montana; Blackfeet Tribe of College Science and Mathematics State College have determined that, the Blackfeet Indian Reservation of building. No known individuals were pursuant to 43 CFR 10.2 (d)(1), the Montana; Cheyenne River Sioux Tribe identified. The seven associated human remains listed above represent of the Cheyenne River Reservation, funerary objects include a vial of fabric the physical remains of eight South Dakota; Cheyenne-Arapaho fragments and small glass trade beads; individuals of Native American Tribes of Oklahoma; Comanche Indian glass perfume bottles; brass armbands or ancestry. Officials of the Chadron State Tribe, Oklahoma; Crow Creek Sioux bracelets; a necklaces made of glass College have also determined that, Tribe of the Crow Creek Reservation, beads; brass beads; bone hair pipes; and pursuant to 43 CFR 10.2 (d)(2), the South Dakota; Crow Tribe of Montana; a projectile point found imbedded in an seven objects listed above are Fort Sill Apache Tribe of Oklahoma; individual. reasonably believed to have been placed Jicarilla Apache Tribe of the Jicarilla Based on osteological and historical with or near individual human remains Apache Indian Reservation, New information, the individuals have been at the time of death or later as part of Mexico; Kiowa Indian Tribe of determined to be Native American. the death rite or ceremony. Lastly, Oklahoma; Lower Brule Sioux Tribe of Analysis of funerary objects associated officials of the Chadron State College the Lower Brule Reservation, South with two of the individuals indicates have determined that, pursuant to 43 Dakota; Mescalero Apache Tribe of the that they were interred after A.D. 1889. CFR 10.2 (e), there is a relationship of Mescalero Reservation, New Mexico; Based on analysis of a chert arrow point shared group identity that can be Arapaho Tribe of the Wind River found embedded in a third individual, reasonably traced between these Native Reservation, Wyoming; Northern the date of interment was between the American human remains and Cheyenne Tribe of the Northern late prehistoric period and A.D. 1870. associated funerary objects and the Cheyenne Indian Reservation, Montana; The five other individuals were interred Apache Tribe of Oklahoma; Assiniboine Northwestern Band of Shoshoni Nation between the archaic period and the and Sioux Tribes of the Fort Peck Indian of Utah (Washakie); Oglala Sioux Tribe prehistoric period. Based on historical Reservation, Montana; Blackfeet Tribe of of the Pine Ridge Reservation, South records and archeological evidence, the the Blackfeet Indian Reservation of Dakota; Omaha Tribe of Nebraska; Apache, Comanche, Kiowa, Cheyenne, Montana; Cheyenne River Sioux Tribe Pawnee Nation of Oklahoma; Ponca Arapaho, Sioux, Crow, Shoshone, Ute, of the Cheyenne River Reservation, Tribe of Indians of Oklahoma; Ponca Pawnee, Omaha, Ponca, and Otoe have South Dakota; Cheyenne-Arapaho Tribe of Nebraska; Rosebud Sioux Tribe occupied, traveled through, or hunted in Tribes of Oklahoma; Comanche Indian of the Rosebud Indian Reservation, the region proximate to Chadron State Tribe, Oklahoma; Crow Creek Sioux South Dakota; Santee Sioux Tribe of the College, Agate Fossil Beds National Tribe of the Crow Creek Reservation, Santee Reservation of Nebraska; Monument and the Pine Ridge South Dakota; Crow Tribe of Montana; Shoshone Tribe of the Wind River Reservation. Historic treaties, land- Fort Sill Apache Tribe of Oklahoma; Reservation, Wyoming; Shoshone- claim cases, and other legal materials Jicarilla Apache Tribe of the Jicarilla Bannock Tribes of the Fort Hall indicate that the Cheyenne, Arapaho, Apache Indian Reservation, New Reservation of Idaho; Shoshone-Paiute Sioux, Crow, Omaha, Ponca, and Mexico; Kiowa Indian Tribe of Tribes of the Duck Valley Reservation, Pawnee have legal connections to the Oklahoma; Lower Brule Sioux Tribe of Nevada; Spirit Lake Tribe, North area. The Kiowa, Apache, Cheyenne, the Lower Brule Reservation, South Dakota; Standing Rock Sioux Tribe of Arapaho, Sioux, Crow, Pawnee, and Dakota; Mescalero Apache Tribe of the North and South Dakota; Three Ponca have contemporary cultural Mescalero Reservation, New Mexico; Affiliated Tribes of the Fort Berthold connections to the area. A conference Arapaho Tribe of the Wind River Reservation, North Dakota; and Yankton was convened on December 4, 2000, by Reservation, Wyoming; Northern Sioux Tribe of South Dakota. Chadron State College for the purpose of Cheyenne Tribe of the Northern Representatives of any other Indian tribe discussing the cultural affiliation and Cheyenne Indian Reservation, Montana; that believes itself to be culturally repatriation of the human remains and Northwestern Band of Shoshoni Nation affiliated with these human remains and
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associated funerary objects should probable 19th-century date of the burial, of Archaeology and Ethnology, Harvard contact Dr. Monty G. Fickel, Dean, geographical location of origin within University, Cambridge, MA, that meets School of Mathematics and Science, the historical territory of the Klamath the definition of ‘‘unassociated funerary Chadron State College, 1000 Main Indian Tribe of Oregon, this cultural object’’ under Section 2 of the Act. Street, Chadron, NE 69337, telephone item is considered to be affiliated with This notice is published as part of the (308) 432–6293, before April 25, 2001. the Klamath Indian Tribe of Oregon. National Park Service’s administrative Repatriation of the human remains and Based on the above-mentioned responsibilities under NAGPRA, 43 CFR associated funerary objects to the information, officials of the Peabody 10.2 (c). The determinations within this Cheyenne River Sioux Tribe of the Museum of Archaeology and Ethnology, notice are the sole responsibility of the Cheyenne River Reservation, South Harvard University have determined museum, institution, or Federal agency Dakota may begin after that date if no that, pursuant to 43 CFR 10.2 (d)(2)(ii), that has control of this cultural item. additional claimants come forward. this cultural item is reasonably believed The National Park Service is not responsible for the determinations Dated: March 13, 2001. to have been placed with or near individual human remains at the time of within this notice. John Robbins, death or later as part of the death rite The one cultural item is an iron Assistant Director, Cultural Resources or ceremony and are believed, by a earring. Stewardship and Partnerships preponderance of the evidence, to have Between 1880-1890, this cultural item [FR Doc. 01–7380 Filed 3–23–01; 8:45 am] been removed from a specific burial site was recovered from a grave about 8 BILLING CODE 4310–70–F of an Native American individual. miles from Throckmorton, Officials of the Peabody Museum of Throckmorton County, TX, by relatives Archaeology and Ethnology, Harvard of Watson Grant Cutter. In 1967, Mr. DEPARTMENT OF THE INTERIOR University also have determined that, Cutter gifted this cultural item to the Peabody Museum of Archaeology and National Park Service pursuant to 43 CFR 10.2 (e), there is a relationship of shared group identity Ethnology. Museum records indicate that this Notice of Intent To Repatriate a that can be reasonably traced between cultural item was recovered from a Cultural Item in the Possession of the this unassociated funerary object and Comanche grave located 8 miles from Peabody Museum of Archaeology and the Klamath Indian Tribe of Oregon. Throckmorton, Thockmorton County, Ethnology, Harvard University, This notice has been sent to officials TX. Based on the specific cultural Cambridge, MA of the Klamath Indian Tribe of Oregon. Representatives of any other Indian tribe affiliation described by the collector as AGENCY: National Park Service. that believes itself to be culturally well as the description of the burial ACTION: Notice. affiliated with this unassociated context, this burial was most likely a funerary object should contact Barbara Comanche burial from the historic period. Consultation with Notice is hereby given under the Isaac, Repatriation Coordinator, representatives of the Comanche Indian Native American Graves Protection and Peabody Museum of Archaeology and Tribe, Oklahoma identifies Repatriation Act, 43 CFR 10.10 (a)(3), of Ethnology, 11 Divinity Avenue, Throckmorton County, TX, as part of the intent to repatriate a cultural item in Cambridge, MA 02138, telephone (617) Comanche traditional territory during the possession of the Peabody Museum 495-2254, before April 25, 2001. of Archaeology and Ethnology, Harvard the historic period. Repatriation of this unassociated Based on the above-mentioned University, Cambridge, MA, that meets funerary object to the Klamath Indian the definition of ‘‘unassociated funerary information, officials of the Peabody Tribe of Oregon may begin after that Museum of Archaeology and Ethnology object’’ under Section 2 of the Act. date if no additional claimants come This notice is published as part of the have determined that, pursuant to 43 forward. National Park Service’s administrative CFR 10.2 (d)(2)(ii), this cultural item is responsibilities under NAGPRA, 43 CFR Dated: March 12, 2001. reasonably believed to have been placed 10.2 (c). The determinations within this John Robbins, with or near individual human remains notice are the sole responsibility of the Assistant Director, Cultural Resources at the time of death or later as part of museum, institution, or Federal agency Stewardship and Partnerships. the death rite or ceremony and is that has control of this cultural item. [FR Doc. 01–7381 Filed 3–23–01; 8:45 am] believed, by a preponderance of the The National Park Service is not BILLING CODE 4310–70–F evidence, to have been removed from a responsible for the determinations specific burial site of an Native within this notice. American individual. Officials of the The one cultural item is a doll in a DEPARTMENT OF THE INTERIOR Peabody Museum of Archaeology and wooden coffin. Ethnology also have determined that, In or before 1903, this cultural item National Park Service pursuant to 43 CFR 10.2 (e), there is a was collected in California by Grace relationship of shared group identity Nicholson with funding from Lewis H. Notice of Intent To Repatriate a that can be reasonably traced between Farlow. The cultural item was donated Cultural Item in the Possession of the this unassociated funerary object and to the Peabody Museum of Archaeology Peabody Museum of Archaeology and the Comanche Indian Tribe, Oklahoma. and Ethnology by Mr. Farlow in 1903. Ethnology, Harvard University, This notice has been sent to officials of Peabody Museum of Archaeology and Cambridge, MA the Comanche Indian Tribe, Oklahoma. Ethnology records indicate that this AGENCY: National Park Service. Representatives of any other Indian tribe cultural item was removed from a ACTION: Notice. that believes itself to be culturally ‘‘Klamath Indian’’ grave along the affiliated with this unassociated Klamath River, CA. Klamath Indian Notice is hereby given under the funerary object should contact Barbara peoples are represented by the present- Native American Graves Protection and Isaac, Repatriation Coordinator, day Klamath Indian Tribe of Oregon. Repatriation Act, 43 CFR 10.10 (a)(3), of Peabody Museum of Archaeology and Based on the specific cultural the intent to repatriate a cultural item in Ethnology, 11 Divinity Avenue, attribution in museum records, the the possession of the Peabody Museum Cambridge, MA 02138, telephone (617)
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495-2254, before April 25, 2001. Based on the above-mentioned responsibilities under NAGPRA, 43 CFR Repatriation of this unassociated information, officials of the Peabody 10.2 (c). The determinations within this funerary object to the Comanche Indian Museum of Archaeology and Ethnology notice are the sole responsibility of the Tribe, Oklahoma may begin after that have determined that, pursuant to 43 museum, institution, or Federal agency date if no additional claimants come CFR 10.2 (d)(2)(ii), this cultural item is that has control of these Native forward. reasonably believed to have been placed American human remains and Dated: March 12, 2001. with or near individual human remains associated funerary objects. The John Robbins, at the time of death or later as part of National Park Service is not responsible the death rite or ceremony and is for the determinations within this Assistant Director, Cultural Resources Stewardship and Partnerships. believed, by a preponderance of the notice. evidence, to have been removed from a [FR Doc. 01–7383 Filed 3–23–01; 8:45 am] A detailed assessment of the human specific burial site of an Native BILLING CODE 4310–70–F remains was made by Peabody Museum American individual. Officials of the of Archaeology and Ethnology Peabody Museum of Archaeology and professional staff in consultation with DEPARTMENT OF THE INTERIOR Ethnology also have determined that, representatives of the Bad River Band of pursuant to 43 CFR 10.2 (e), there is a the Lake Superior Tribe of Chippewa National Park Service relationship of shared group identity Indians of the Bad River Reservation, that can be reasonably traced between Wisconsin; the Bay Mills Indian Notice of Intent to Repatriate a Cultural this unassociated funerary object and Community of the Sault Ste. Marie Band Item in the Possession of the Peabody the Klamath Indian Tribe of Oregon. of Chippewa Indians, Bay Mills Museum of Archaeology and This notice has been sent to officials Reservation, Michigan; the Boise Fort Ethnology, Harvard University, of the Klamath Indian Tribe of Oregon. Band of the Minnesota Chippewa Tribe, Cambridge, MA Representatives of any other Indian tribe Minnesota; the Citizen Potawatomi that believes itself to be culturally AGENCY: National Park Service. Nation, Oklahoma; the Fond du Lac affiliated with this unassociated Band of the Minnesota Chippewa Tribe, ACTION: Notice. funerary object should contact Barbara Minnesota; the Forest County Isaac, Repatriation Coordinator, Notice is hereby given under the Potawatomi Community of Wisconsin Peabody Museum of Archaeology and Native American Graves Protection and Potawatomi Indians, Wisconsin; the Ethnology, 11 Divinity Avenue, Repatriation Act, 43 CFR 10.10 (a)(3), of Grand Portage Band of the Minnesota Cambridge, MA 02138, telephone (617) the intent to repatriate a cultural item in Chippewa Tribe, Minnesota; the Grand 495-2254, before April 25, 2001. the possession of the Peabody Museum Traverse Band of Ottawa and Chippewa Repatriation of this unassociated of Archaeology and Ethnology, Harvard Indians of Michigan; the Hannahville funerary object to the Klamath Indian University, Cambridge, MA, that meets Indian Community of Wisconsin Tribe of Oregon may begin after that the definition of ‘‘unassociated funerary Potawatomie Indians of Michigan; date if no additional claimants come object’’ under Section 2 of the Act. Huron Potawatomi, Inc., Michigan; the This notice is published as part of the forward. Keweenaw Bay Indian Community of National Park Service’s administrative Dated: March 12, 2001. L’Anse and Ontonagon Band of responsibilities under NAGPRA, 43 CFR John Robbins, Chippewa Indians of the L’Anse 10.2 (c). The determinations within this Assistant Director, Cultural Resources Reservation, Michigan; the Lac Courte notice are the sole responsibility of the Stewardship and Partnerships. Oreilles Band of Lake Superior museum, institution, or Federal agency [FR Doc. 01–7384 Filed 3–23–01; 8:45 am] Chippewa Indians of the Lac Courte that has control of this cultural item. BILLING CODE 4310–70–F Oreilles Reservation of Wisconsin; the The National Park Service is not Lac Vieux Desert Band of Lake Superior responsible for the determinations Chippewa Indians of Michigan; the within this notice. DEPARTMENT OF THE INTERIOR Leech Lake Band of the Minnesota The one cultural item is a stone bear Chippewa Tribe, Minnesota; the Little effigy. National Park Service River Band of Ottowa Indians of In 1902, this cultural item was Michigan; the Little Traverse Bay Band washed out from a grave on the Klamath Notice of Inventory Completion for of Odawa Indians of Michigan; the Reservation and collected by an Native American Human Remains and Match-e-be-nash-she-wish Band of unknown Klamath Indian, who gave the Associated Funerary Objects in the Pottawatomi Indians of Michigan; the cultural item to Mr. L. Warren. In 1903, Possession of the Peabody Museum of Mille Lacs Band of the Minnesota Mr. Warren gifted this cultural item to Archaeology and Ethnology, Harvard Chippewa Tribe, Minnesota; the Ottawa the Peabody Museum of Archaeology University, Cambridge, MA Tribe of Oklahoma; the Pokagon Band of and Ethnology. AGENCY: National Park Service. Potawatomi Indians of Michigan; the According to museum records, this Prairie Band of Potawatomi Indians, ACTION: Notice. cultural item was recovered from a Kansas; the Red Cliff Band of Lake grave on the Klamath Reservation, Notice is hereby given in accordance Superior Chippewa Indians of Oregon. Based on the location of the with provisions of the Native American Wisconsin; the Red Lake Band of burial and the cultural information Graves Protection and Repatriation Act Chippewa Indians of the Red Lake provided in museum documentation, (NAGPRA), 43 CFR 10.9, of the Reservation, Minnesota; the Sac and Fox this burial was most likely a Klamath completion of an inventory of human Nation of Missouri in Kansas and burial from the historic period. Historic remains and associated funerary objects Nebraska; the Sac and Fox Nation, sources, oral traditions, and in the possession of the Peabody Oklahoma; the Sac and Fox Tribe of the consultation information support this Museum of Archaeology and Ethnology, Mississippi in Iowa; the Saginaw cultural item’s being from the burial of Harvard University, Cambridge, MA. Chippewa Indian Tribe of Michigan, a Klamath individual from traditional This notice is published as part of the Isabella Reservation; the Sault Ste. Klamath territory in Oregon. National Park Service’s administrative Marie Tribe of Chippewa Indians of
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Michigan; the Sokagon Chippewa Michigan; the Hannahville Indian DEPARTMENT OF THE INTERIOR Community of the Mole Lake Band of Community of Wisconsin Potawatomie Chippewa Indians, Wisconsin; St. Croix Indians of Michigan; Huron National Park Service Chippewa Indians of Wisconsin, St. Potawatomi, Inc., Michigan; the Notice of Intent To Repatriate Cultural Croix Reservation; and the White Earth Keweenaw Bay Indian Community of Items in the Possession of the Band of the Minnesota Chippewa Indian L’Anse and Ontonagon Band of Tribe, Minnesota. Peabody Museum of Archaeology and Chippewa Indians of the L’Anse Ethnology, Harvard University, In 1937, human remains representing Reservation, Michigan; the Lac Courte two individuals were transferred to the Cambridge, MA Oreilles Band of Lake Superior Peabody Museum of Archaeology and Chippewa Indians of the Lac Courte AGENCY: National Park Service Ethnology from the Robert S. Peabody Museum, Andover, MA. No known Oreilles Reservation of Wisconsin; the ACTION: Notice individuals were identified. No Lac Vieux Desert Band of Lake Superior Chippewa Indians of Michigan; the Notice is hereby given under the associated funerary objects are present. Native American Graves Protection and The date, location, and identity of the Leech Lake Band of the Minnesota Repatriation Act, 43 CFR 10.10 (a)(3), of collector of these human remains are Chippewa Tribe, Minnesota; the Little the intent to repatriate cultural items in unknown. The Robert S. Peabody River Band of Ottowa Indians of the possession of the Peabody Museum Museum catalog record designates these Michigan; the Little Traverse Bay Band of Archaeology and Ethology that meet individuals as ‘‘Sauk Indians.’’ Based on of Odawa Indians of Michigan; the the definition of ‘‘unassociated funerary this specific cultural attribution, the Match-e-be-nash-she-wish Band of object’’ under Section 2 of the Act. human remains probably date around Pottawatomi Indians of Michigan; the This notice is published as part of the the time of sustained European contact Mille Lacs Band of the Minnesota with Sauk communities in the 18th and National Park Service’s administrative Chippewa Tribe, Minnesota; the Ottawa responsibilities under NAGPRA, 43 CFR 19th centuries. Tribe of Oklahoma; the Pokagon Band of Based on the specific cultural 10.2 (c). The determinations within this Potawatomi Indians of Michigan; the notice are the sole responsibility of the attribution in museum records, Prairie Band of Potawatomi Indians, geographical, and historic evidence, museum, institution, or Federal agency Kansas; the Red Cliff Band of Lake these human remains are considered to that has control of these cultural items. Superior Chippewa Indians of be culturally affiliated with the Sac and The National Park Service is not Fox Nation of Missouri in Kansas and Wisconsin; the Red Lake Band of responsible for the determinations Nebraska; the Sac and Fox Nation, Chippewa Indians of the Red Lake within this notice. Oklahoma; and the Sac and Fox Tribe of Reservation, Minnesota; the Sac and Fox The six cultural items are five metal the Mississippi in Iowa. Nation of Missouri in Kansas and brooch fragments and red pigment Based on the above-mentioned Nebraska; the Sac and Fox Nation, powder. information, officials of the Peabody Oklahoma; the Sac and Fox Tribe of the Prior to 1900, these cultural items Museum of Archaeology and Ethnology Mississippi in Iowa; the Saginaw were collected by Rev. J.W. Millar from have determined that, pursuant to 43 Chippewa Indian Tribe of Michigan, a grave near Harbor Springs, Emmet CFR 10.2 (d)(1), the human remains Isabella Reservation; the Sault Ste. County, MI. In 1909, these cultural listed above represent the physical Marie Tribe of Chippewa Indians of items were donated to the Peabody remains of two individuals of Native Michigan; the Sokagon Chippewa Museum of Archaeology and Ethnology American ancestry. Officials of the Community of the Mole Lake Band of by Lewis H. Farlow. Peabody Museum of Archaeology and Chippewa Indians, Wisconsin; St. Croix Museum records indicate that these Ethnology also have determined that, Chippewa Indians of Wisconsin, St. cultural items are ‘‘Chippewa’’ and were pursuant to 43 CFR 10.2 (e), there is a Croix Reservation; and the White Earth ‘‘supposed to be 150 years old in 1899.’’ This specific cultural attribution relationship of shared group identity Band of the Minnesota Chippewa Indian that can be reasonably traced between indicates that the collector was aware of Tribe, Minnesota. Representatives of these Native American human remains the culture of the burial and suggests any other Indian tribe that believes itself and the Sac and Fox Nation of Missouri that it dated to historic times. The style in Kansas and Nebraska; the Sac and to be culturally affiliated with these of these brooch fragments are consistent Fox Nation, Oklahoma; and the Sac and human remains should contact Barbara with metal trade items of the 18th and Fox Tribe of the Mississippi in Iowa. Isaac, Repatriation Coordinator, early 19th centuries. This notice has been sent to officials of Peabody Museum of Archaeology and Based on the above-mentioned the the Bad River Band of the Lake Ethnology, 11 Divinity Avenue, information, officials of the Peabody Superior Tribe of Chippewa Indians of Cambridge, MA 02138, telephone (617) Museum of Archaeology and Ethnology the Bad River Reservation, Wisconsin; 495–2254, before April 25, 2001. have determined that, pursuant to 43 the Bay Mills Indian Community of the Repatriation of the human remains to CFR 10.2 (d)(2)(ii), these six cultural Sault Ste. Marie Band of Chippewa the Sac and Fox Nation of Missouri in items are reasonably believed to have Indians, Bay Mills Reservation, Kansas and Nebraska; the Sac and Fox been placed with or near individual Michigan; the Boise Fort Band of the Nation, Oklahoma; and the Sac and Fox human remains at the time of death or Minnesota Chippewa Tribe, Minnesota; Tribe of the Mississippi in Iowa may later as part of the death rite or the Citizen Potawatomi Nation, begin after that date if no additional ceremony and are believed, by a Oklahoma; the Fond du Lac Band of the claimants come forward. preponderance of the evidence, to have Minnesota Chippewa Tribe, Minnesota; been removed from a specific burial site Dated: March 9, 2001. the Forest County Potawatomi of an Native American individual. Community of Wisconsin Potawatomi John Robbins, Officials of the Peabody Museum of Indians, Wisconsin; the Grand Portage Assistant Director, Cultural Resources Archaeology and Ethnology also have Band of the Minnesota Chippewa Tribe, Stewardship and Partnerships. determined that, pursuant to 43 CFR Minnesota; the Grand Traverse Band of [FR Doc. 01–7435 Filed 3–23–01 ; 8:45 am] 10.2 (e), there is a relationship of shared Ottawa and Chippewa Indians of BILLING CODE 4310–70–F group identity that can be reasonably
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traced between these unassociated associated funerary objects. The Dated: March 9, 2001. funerary objects and the Little Traverse National Park Service is not responsible John Robbins, Bay Band of Odawa Indians of for the determinations within this Assistant Director, Cultural Resources Michigan. This notice has been sent to notice. Stewardship and Partnerships. officials of the Bay Mills Indian A detailed assessment of the human [FR Doc. 01–7436 Filed 3–23–01; 8:45 am] Community of the Sault Ste. Marie Band remains was made by Phoebe Hearst BILLING CODE 4310–70–F of Chippewa Indians, Bay Mills Museum of Anthropology professional Reservation, Michigan; the Grand Traverse Band of Ottaawa and staff in consultation with representatives of Chugach Alaska INTERNATIONAL TRADE Chippewa Indians of Michigan; the COMMISSION Little Traverse Bay Band of Odawa Corporation and the Native Village of Indians of Michigan; the Red Lake Band Eyak. [Investigation No. 337–TA–443] of Chippewa Indians of the Red Lake Prior to 1878, human remains In the Matter of Certain Flooring Reservation, Minnesota; and the Sault ι representing one individual [Cat. 12- Products; Notice of Commission Ste. Marie Tribe of Chippewa Indians of 3487] were recovered from the Decision Not To Review an Initial Michigan. Representatives of any other ‘‘Aleutian Islands (Nutchuk Id), Aleut’’ Determination Amending the Indian tribe that believes itself to be (now known as Hinchinbrook Island), Complaint and Notice of Investigation culturally affiliated with these Prince William Sound, AK, by B.G. To Add Certain Claims of a Recently unassociated funerary objects should McIntyre of the Alaska Commercial Issued Patent contact Barbara Isaac, Repatriation Company. In 1913, these human Coordinator, Peabody Museum of remains were donated to the University AGENCY: U.S. International Trade Archaeology and Ethnology, 11 Divinity of California Anthropology Museum Commission. Avenue, Cambridge, MA 02138, (now the Phoebe Hearst Museum of ACTION: Notice. telephone (617) 495-2254, before April Anthropology) by the Bancroft Library 25, 2001. Repatriation of these SUMMARY: Notice is hereby given that of the University of California. No the U.S. International Trade unassociated funerary objects to the known individual was identified. No Little Traverse Bay Band of Odawa Commission has determined not to associated funerary objects are present. Indians of Michigan may begin after that review the presiding administrative law date if no additional claimants come Based on geographic evidence, judge’s (‘‘ALJ’s’’) initial determination forward. linguistic evidence, published folklore, (‘‘ID’’) amending the complaint and and archeological evidence indicating notice of investigation in the above- Dated: March 7, 2001. over 2,000 years of cultural continuity, captioned investigation to add John Robbins, this individual has been determined to allegations of infringement by twelve Assistant Director, Cultural Resources be Native American affiliated with claims (1, 8, 13, 14, 21, 26, 27, 34, 39, Stewardship and Partnerships. Chugach Alaska Corporation and the 40, 41 and 48) of a recently issued [FR Doc. 01–7437 Filed 3–23–01; 8:45 am] Native Village of Eyak. patent, U.S. Letters Patent 6,182,410 BILLING CODE 4310–70–F (‘410 patent). Based on the above-mentioned information, officials of the Phoebe FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE INTERIOR Hearst Museum of Anthropology have Robin L. Turner, Esq., Office of the determined that, pursuant to 43 CFR General Counsel, U.S. International Trade Commission, 500 E Street, SW., National Park Service 10.2 (d)(1), the human remains listed Washington, DC 20436, tel. (202) 205– above represent the physical remains of Notice of Inventory Completion for 3096. Hearing impaired persons are one individual of Native American Native American Human Remains and advised that information on this matter Associated Funerary Objects in the ancestry. Officials of the Phoebe Hearst can be obtained by contacting the Possession of the Phoebe Hearst Museum of Anthropology also have Commission’s TDD terminal at (202) Museum of Anthropology, University determined that, pursuant to 43 CFR 205–1810. General information of California-Berkeley, Berkeley, CA 10.2 (e), there is a relationship of shared concerning the Commission may also be group identity that can be reasonably obtained by accessing the Commission’s AGENCY: National Park Service. traced between these Native American internet server (http://www.usitc.gov). ACTION: Notice. human remains and Chugach Alaska The public record for this investigation Corporation and the Native Village of Notice is hereby given in accordance may be viewed on the Commission’s Eyak. This notice has been sent to with provisions of the Native American electronic docket (EDIS–ON–LINE) at officials of Chugach Alaska Corporation Graves Protection and Repatriation Act http://www.usitc.gov/eol/public. and the Native Village of Eyak. (NAGPRA), 43 CFR 10.9, of the SUPPLEMENTARY INFORMATION: The completion of an inventory of human Representatives of any other Indian tribe Commission instituted this investigation remains and associated funerary objects that believes itself to be culturally on December 29, 2000, based on a in the possession of the Phoebe Hearst affiliated with these human remains complaint filed on behalf of Alloc, Inc., Museum of Anthropology, University of should contact C. Richard Hitchock, Berry Finance N.V., and Valinge California-Berkeley, Berkeley, CA. Interim NAGPRA Coordinator, Phoebe Aluminum AB. The seven respondents This notice is published as part of the Hearst Museum of Anthropology, are Unilin Decor N.V., BHK of America, National Park Service’s administrative University of California, Berkeley, CA Meister-Leisten Schulte GmbH, Roysol, responsibilities under NAGPRA, 43 CFR 94720, telephone (510) 643–7884, before Akzenta Paneele + Profile GmbH, 10.2 (c). The determinations within this April 25, 2001. Repatriation of the Tarkett, Inc., and Pergo, Inc. notice are the sole responsibility of the human remains to Chugach Alaska On February 16, 2001, complainants museum, institution, or Federal agency Corporation and the Native Village of moved to amend the complaint and that has control of these Native Eyak may begin after that date if no notice of investigation to add allegations American human remains and additional claimants come forward. of infringement by twelve claims in the
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recently issued ‘410 patent. The motion For further information concerning in the form of a tariff-rate quota on was supported by the Commission the conduct of this investigation, imports of certain steel wire rod for a investigative attorney, but opposed by hearing procedures, and rules of general period of 3 years and 1 day, effective certain respondents. On March 5, 2001, application, consult the Commission’s March 1, 2000. Section 204(a)(1) of the the ALJ issued an ID (Order No. 8.) Rules of Practice and Procedure, part Trade Act of 1974 (19 U.S.C. granting the motion. No party petitioned 201, subparts A through E (19 CFR part § 2254(a)(1)) requires that the for review of the ID. 201), and part 206, subparts A and F (19 Commission, so long as any action The authority for the Commission’s CFR part 206). under section 203 of the Trade Act action is contained in section 337 of the EFFECTIVE DATE: March 16, 2001. remains in effect, monitor developments Tariff Act of 1930, as amended (19 CFR FOR FURTHER INFORMATION CONTACT: with respect to the domestic industry, 1337), and in section 210.42(a) of the Debra Baker (202–205–3180), Office of including the progress and specific Commission’s Rules of Practice and Investigations, U.S. International Trade efforts made by workers and firms in the Procedure (19 CFR 210.42(a)). Copies of Commission, 500 E Street SW, domestic industry to make a positive the ALJ’s ID and all other Washington, DC 20436. Hearing- adjustment to import competition. nonconfidential documents filed in impaired persons can obtain Section 204(a)(2) requires, whenever the connection with this investigation are or information on this matter by contacting initial period of an action under section will be available for inspection during the Commission’s TDD terminal on 202– 203 of the Trade Act exceeds 3 years, official business hours (8:45 a.m. to 5:15 205–1810. Persons with mobility that the Commission submit a report on p.m.) in the Office of the Secretary, U.S. impairments who will need special the results of the monitoring under International Trade Commission, 500 E assistance in gaining access to the section 204(a)(1) to the President and Street, SW., Washington, DC 20436, Commission should contact the Office the Congress not later than the mid- telephone (202) 205–2000. of the Secretary at 202–205–2000. point of the initial period of the relief, By Order of the Commission. General information concerning the or by August 30, 2001, in this case. Issued: March 21, 2001. Commission may also be obtained by Section 204(a)(3) requires that the Donna R. Koehnke, accessing its internet server (http:// Commission hold a hearing in the Secretary. www.usitc.gov). The public record for course of preparing each such report. [FR Doc. 01–7441 Filed 3–23–01; 8:45 am] this investigation may be viewed on the Participation in the Investigation and BILLING CODE 7020–02–P Commission’s electronic docket (EDIS– Service List ON–LINE) at http://dockets.usitc.gov/ eol/public. Persons wishing to participate in the investigation as parties must file an INTERNATIONAL TRADE SUPPLEMENTARY INFORMATION: COMMISSION entry of appearance with the Secretary Background to the Commission, as provided in [Investigation No. TA–204–6] Following receipt of a report from the section 201.11 of the Commission’s rules, not later than 14 days after Certain Steel Wire Rod: Monitoring Commission in July 1999 under section publication of this notice in the Federal Developments in the Domestic 202 of the Trade Act of 1974 (19 U.S.C. Register. The Secretary will prepare a Industry § 2252) containing an equally divided determination on the question of service list containing the names and AGENCY: United States International whether certain steel wire rod was being addresses of all persons, or their Trade Commission. imported into the United States in such representatives, who are parties to this ACTION: Institution and scheduling of an increased quantities as to be a investigation upon the expiration of the investigation under section 204(a) of the substantial cause of serious injury or the period for filing entries of appearance. Trade Act of 1974 (19 U.S.C. § 2254(a)) threat of serious injury to the domestic Public Hearing (the Act). wire rod industry, and containing remedy recommendations, the As required by statute, the SUMMARY: The Commission instituted Commission has scheduled a hearing in the investigation for the purpose of President, on February 16, 2000, pursuant to section 203 of the Trade Act connection with this investigation. The preparing the report to the President hearing will be held beginning at 9:30 and the Congress required by section of 1974 (19 U.S.C. § 2253), issued Proclamation 7273, announcing that he a.m. on July 11, 2001, at the U.S. 204(a)(2) of the Trade Act of 1974 on the International Trade Commission results of its monitoring of considered the determination of the Commissioners voting in the affirmative Building, 500 E Street SW, Washington, developments with respect to the DC. Requests to appear at the hearing domestic certain steel wire rod industry to be the determination of the Commission, and imposing import relief should be filed in writing with the since the President imposed a tariff-rate Secretary to the Commission on or quota on imports of certain steel wire before July 2, 2001. All persons desiring 1 and/or more than 0.01 percent of tellurium. Certain rod effective March 1, 2000. steel wire rod is provided for in subheadings to appear at the hearing and make oral 7213.91, 7213.99, 7227.20, and 7227.90.60 of the presentations should attend a 1 The imported article covered by this Harmonized Schedule of the United States (HTS). investigation is defined as hot-rolled bars and rods, The scope of this investigation does not cover prehearing conference to be held at 9:30 in irregularly wound coils, of circular or concrete reinforcing bars and rods, or bars and rods a.m. on July 6, 2001, at the U.S. approximately circular solid cross section, having a of stainless steel or tool steel, which are provided International Trade Commission diameter of 5 mm or more but less than 19 mm, of for in other HTS subheadings. Also excluded from Building. Oral testimony and written non-alloy or alloy steel, except such bars and rods the scope of the investigation are wire rod of tire of free-machining steel or of alloy steel containing cord quality, valve spring quality, class III pipe materials to be submitted at the hearing by weight 24 percent or more of nickel. Free- wrap quality, aircraft cold heading quality, are governed by sections 201.6(b)(2) and machining steel is any steel product containing by aluminum cable steel reinforced (‘‘ACSR’’) quality, 201.13(f) of the Commission’s rules. weight one or more of the following elements, in piano wire string quality, grade 1085 annealed Parties must submit any request to the specified proportions: 0.03 percent or more of bearing quality, and grade 1080 tire bead wire lead, 0.05 percent or more of bismuth, 0.08 percent quality. These products are described in detail in present a portion of their hearing or more of sulfur, more than 0.04 percent of the annex to Presidential Proclamation 7273 (65 FR testimony in camera no later than 7 phosphorus, more than 0.05 percent of selenium, 8624, February 18, 2000). days prior to the date of the hearing.
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Written Submissions a cooperative Federal-state system to (INS) has submitted an emergency Each party is encouraged to submit a exchange such records. information collection request (ICR) Matters for discussion are expected to prehearing brief to the Commission. The utilizing emergency review procedures include: (1) Compact Record Screening deadline for filing prehearing briefs is to the Office of Management and Budget Requirements, (2) National Fingerprint July 3, 2001. Parties may also file (OMB) for review and clearance in File State Audit and Sanctions Criteria, posthearing briefs. The deadline for accordance with section (3) Rap Sheet Standardization, (4) filing posthearing briefs is July 18, 2001. 1320.13(a)(1)(ii) and (a)(2)(iii) of the Proposed Plan—Flat Fingerprint Based In addition, any person who has not Paperwork Reduction Act of 1995. The Applicant Background Checks, entered an appearance as a party to the INS has determined that it cannot including the merits of flat versus rolled reasonably comply with the normal investigation may submit, on or before fingerprint capabilities, (5) Proposal to clearance procedures under this part July 18, 2001, a written statement Improve Service to the Noncriminal because normal clearance procedures concerning the matters to be addressed Justice Customers Seeking III are reasonably likely to prevent or in the Commission’s report to the Information, and (6) Definition of disrupt the collection of information. President. All written submissions must Administration of Criminal Justice. INS is requesting emergency review conform with the provisions of section The meeting will be open to the from OMB of this information collection 201.8 of the Commission’s rules; any public on a first-come, first-seated basis. to ensure compliance with section 1003 submissions that contain confidential Any member of the public wishing to of the Legal Immigration Family Equity business information must also conform file a written statement with the Act of 2000 (LIFE) which allows the with the requirements of section 201.6 Compact Council or wishing to address spouse or child of a U.S. citizen to enter of the Commission’s rules. The this session of the Compact Council the U.S. as a nonimmigrant. Emergency Commission’s rules do not authorize should notify Mrs. Cathy L. Morrison at review and approval of this ICR ensures filing of submissions with the Secretary (304) 625–2736, at least 24 hours prior that the applicant may apply for this by facsimile or electronic means. to the start of the session. The benefit utilizing the revised collection In accordance with section 201.16(c) notification should contain the instrument. Therefore, OMB approval of the Commission’s rules, each requestor’s name and corporate has been requested by March 23, 2001. document filed by a party to the designation, consumer affiliation, or If granted, the emergency approval is investigation must be served on all other government designation, along with a only valid for 180 days. ALL comments parties to the investigation (as identified short statement describing the topic to and/or questions pertaining to this by the service list), and a certificate of be addressed, and the time needed for pending request for emergency approval service must be timely filed. The the presentation. Requestors will MUST be directed to OMB, Office of Secretary will not accept a document for ordinarily be allowed up to 15 minutes Information and Regulatory Affairs, filing without a certificate of service. to present a topic. 725—17th Street, N.W., Suite 10235, Authority: This investigation is being DATES AND TIMES: The Compact Council Washington, DC 20503; Attention: Ms. conducted under the authority of section will meet in open session from 9 am Lauren Wittenberg, Department of 204(a) of the Trade Act of 1974; this notice until 5 pm on May 2–3, 2001 and from Justice Desk Officer, 202–395–4718. is published pursuant to section 206.3 of the 9 am until 1 pm on May 4, 2001. Comments regarding the emergency Commission’s rules. ADDRESSES: The meeting will take place submission of this information By order of the Commission. at the Holiday Inn Old Town Scottsdale, collection may also be submitted via Issued: March 20, 2001. 7353 E. Indian School Road, Scottsdale, facsimile to Ms. Wittenberg at 202–395– Donna R. Koehnke, Arizona, telephone (480) 941–2567. 6974. During the first 60 days of this same Secretary. FOR FURTHER INFORMATION CONTACT: period, a regular review of this [FR Doc. 01–7440 Filed 3–23–01; 8:45 am] Inquiries may be addressed to Mrs. information collection is also being BILLING CODE 7020–02–P Cathy L. Morrison, Interim Compact undertaken. During the regular review Officer, Programs Development Section, period, the INS requests written CJIS Division, FBI, 1000 Custer Hollow comments and suggestions from the DEPARTMENT OF JUSTICE Road, Clarksburg, WV 26306–0147, public and affected agencies concerning telephone (304) 625–2736, facsimile this information collection. Comments Federal Bureau of Investigation (304) 625–5388. are encouraged and will be accepted Meeting of the Compact Council for the Dated: March 14, 2001. until May 25, 2001. During the 60-day National Crime Prevention and Privacy Thomas E. Bush, III, regular review, ALL comments and Compact Section Chief, Programs Development suggestions, or questions regarding Section, Federal Bureau of Investigation. additional information, to include AGENCY: Federal Bureau of [FR Doc. 01–7330 Filed 3–23–01; 8:45 am] obtaining a copy of the information Investigation. BILLING CODE 4410–02–M collection instrument with instructions, ACTION: Meeting notice. should be directed to Mr. Richard A. Sloan, 202–514–3291, Director, Policy SUMMARY: The purpose of this notice is DEPARTMENT OF JUSTICE Directives and Instructions Branch, to announce a meeting of the Compact Immigration and Naturalization Service, Council created by the National Crime Immigration and Naturalization Service U.S. Department of Justice, Room 4034, Prevention and Privacy Compact Act of 425 I Street, NW., Washington, DC Agency Information Collection 1998 (Compact). Thus far, the federal 20536. Written comments and Activities: Comment Request government and nine states are parties suggestions from the public and affected to the Compact which governs the ACTION: Request OMB Emergency agencies concerning the proposed exchange of criminal history records for Approval; Petition for Alien Fianc(e). collection of information should address licensing, employment, and similar one or more of the following four points: purposes. The Compact also provides a The Department of Justice, (1) Evaluate whether the proposed legal framework for the establishment of Immigration and Naturalization Service collection of information is necessary
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for the proper performance of the Dated: March 19, 2001. NATIONAL AERONAUTICS AND functions of the agency, including Richard A. Sloan, SPACE ADMINISTRATION whether the information will have Department Clearance Officer, United States Notice (01–040) practical utility; Department of Justice Immigration and (2) Evaluate the accuracy of the Naturalization Service. NASA Advisory Council (NAC), Aero- agencies estimate of the burden of the [FR Doc. 01–7341 Filed 3–23–01; 8:45 am] Space Technology Advisory proposed collection of information, BILLING CODE 4410–10–M Committee (ASTAC); Meeting including the validity of the AGENCY: methodology and assumptions used; National Aeronautics and Space Administration. (3) Enhance the quality, utility, and NATIONAL AERONAUTICS AND ACTION: Notice of meeting. clarity of the information to be SPACE ADMINISTRATION collected; and SUMMARY: In accordance with the (4) Minimize the burden of the Notice (01–039) Federal Advisory Committee Act, Pub. collection of information on those who L. 92–463, as amended, the National are to respond, including through the NASA Advisory Council, Aero-Space Aeronautics and Space Administration use of appropriate automated, Technology Advisory Committee, announces a forthcoming meeting of the electronic, mechanical, or other Aviation Safety Reporting System NASA Advisory Council, Aero-Space technological collection techniques or Subcommittee; Meeting Technology Advisory Committee. other forms of information technology, DATES: Thursday, April 19, 2001, 8:00 e.g., permitting electronic submission of AGENCY: National Aeronautics and a.m. to 4:30 p.m.; and Friday, April 20, responses. Space Administration. 2001, 8:00 a.m. to 12:00 Noon. Overview of This Information ACTION: Notice of meeting. ADDRESSES: National Aeronautics and Collection Space Administration, George C. SUMMARY: In accordance with the Marshall Space Flight Center, (1) Type of Information Collection: Federal Advisory Committee Act, Pub. Headquarters Building 4200, Room P– Revised information collection. L. 92–463, as amended, the National 110, Marshall Space Flight Center, AL (2) Title of the Form/Collection: Aeronautics and Space Administration 35812. Petition for Alien Fianc(e). announces a NASA Advisory Council, FOR FURTHER INFORMATION CONTACT: Ms. Aero-Space Technology Advisory Agency form number, if any, and the Mary-Ellen McGrath, Office of Committee, Aviation Safety Reporting applicable component of the Aerospace Technology, National System Subcommittee meeting. Department of Justice sponsoring the Aeronautics and Space Administration, collection: Form I–129F. Adjudications DATES: Wednesday, April 18, 2001, 9:00 Washington, DC 20546 (202/358–4729). Division, Immigration and a.m. to 5:00 p.m. and Thursday, April SUPPLEMENTARY INFORMATION: The Naturalization Service. 19, 2001, 9:00 a.m. to 12:00 Noon. meeting will be open to the public up (4) Affected public who will be asked to the seating capacity of the room. The ADDRESSES: Regional Airline agenda for the meeting is as follows: or required to respond, as well as a brief Association, 2025 M Street, N.W., Suite —ASTAC Restructuring Strategy abstract: Primary: Individuals and 800, Washington D.C. households. This form is used by a U.S. —Space Launch Initiative (SLI) Program citizen to facilitate the entry of his/her FOR FURTHER INFORMATION CONTACT: Ms. —Aviation Safety Research fiance´(e) into the United States so that Linda Connell, National Aeronautics —Government Performance Results Act a marriage may be concluded within 90 and Space Administration, Ames (GPRA) 2001 Status days of entry between the U.S. citizen Research Center, Moffett Field, CA —Reports from Goals and Propulsion and the beneficiary of the petition. This 94035, 650/960–6059. Subcommittees —George C. Marshall Space Flight form also allows the spouse or child of SUPPLEMENTARY INFORMATION: The Center Tour a U.S. citizen to enter the U.S. as a meeting will be open to the public up —Report on National Science and nonimmigrant, in accordance with to the seating capacity of the room. Technology Councils Vision 2050 provisions of section 1103 of the Legal Agenda topics for the meeting are as Immigration Family Equity Act of 2000. follows: It is imperative that the meeting be (5) An estimate of the total number of held on these dates to accommodate the —Report on Aviation Safety Reporting scheduling priorities of the key respondents and the amount of time System estimated for an average respondent to participants. respond: 200,000 responses at 30 —Report on Aviation Performance Beth M. McCormick, Measuring System Program minutes (.50 hours) per response. Advisory Committee Management Officer, (6) An estimate of the total public It is imperative that the meeting be National Aeronautics and Space burden (in hours) associated with the held on these dates to accommodate the Administration. collection: 100,000 annual burden scheduling priorities of the key [FR Doc. 01–7346 Filed 3–23–01; 8:45 am] hours. participants. Visitors will be requested BILLING CODE 7510–01–P to sign a visitors register. If additional information is required contact: Mr. Robert B. Briggs, Clearance Dated: March 20, 2001. Officer, United States Department of Beth M. McCormick, NATIONAL COUNCIL ON DISABILITY Justice, Information Management and Advisory Committee Management Officer, Advisory Committee Meeting/ Security Staff, Justice Management National Aeronautics and Space Conference Call Division, 1331 Pennsylvania Avenue, Administration. N.W., National Place Building, Suite [FR Doc. 01–7345 Filed 3–23–01; 8:45 am] AGENCY: National Council on Disability 1220, Washington, DC 20530. BILLING CODE 7510–01–P (NCD).
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SUMMARY: This notice sets forth the Signed in Washington, DC, on March 21, of record storage for ISFSI records schedule of the forthcoming meeting/ 2001. diverts resources unnecessarily. conference call for a working group of Jeffrey T. Rosen, ANSI N45.2.9–1974 provides NCD’s advisory committee— General Counsel and Director of Policy. requirements for the protection of International Watch. Notice of this [FR Doc. 01–7446 Filed 3–23–01; 8:45 am] nuclear power plant QA records against meeting is required under section BILLING CODE 6820–MA–M degradation. It specifies design 10(a)(1)(2) of the Federal Advisory requirements for use in the construction Committee Act (P.L. 92–463). of record storage facilities when use of International Watch: The purpose of NUCLEAR REGULATORY a single storage facility is desired. It NCD’s International Watch is to share COMMISSION includes specific requirements for information on international disability protection against degradation [Docket No. 72–35 (50–397)] issues and to advise NCD’s Foreign mechanisms such as fire, humidity, and Policy Team on developing policy condensation. The requirements in In the Matter of Energy Northwest ANSI N45.2.9–1974 have been endorsed proposals that will advocate for a Columbia Generating Station foreign policy that is consistent with the by the NRC in Regulatory Guide 1.88, Independent Spent Fuel Storage ‘‘Collection, Storage and Maintenance of values and goals of the Americans with Installation; Exemption Disabilities Act. Nuclear Power Plant Quality Assurance I Records,’’ as adequate for satisfying the Work Group: International recordkeeping requirements of 10 CFR Convention on the Human Rights of Energy Northwest, the licensee, is 72.72 by providing for adequate People with Disabilities. planning to implement the general maintenance of records regarding the Date and Time: May 4, 2001, 12:00 license provisions of 10 CFR Part 72 for identity and history of the spent fuel in p.m.–1:00 p.m. EDT. receipt and storage of spent fuel from storage. Such records would be subject the Columbia Generating Station at an For International Watch Information to and need to be protected from the Independent Spent Fuel Storage Contact: Kathleen A. Blank, Attorney/ same types of degradation mechanisms Installation (ISFSI) located on the Program Specialist, NCD, 1331 F Street as nuclear power plant QA records. Columbia Generating Station site. The NW., Suite 1050, Washington, D.C. facility is located in Benton County, III 20004; 202–272–2004 (Voice), 202–272– Washington. 2074 (TTY), 202–272–2022 (Fax), By letter dated December 12, 2000, [email protected] (e-mail). II Energy Northwest requested an exemption from the requirement in 10 Agency Mission: NCD is an Pursuant to 10 CFR 72.7, the Nuclear CFR 72.72(d) which states in part that independent federal agency composed Regulatory Commission (NRC) may ‘‘Records of spent fuel and high-level of 15 members appointed by the grant exemptions from the requirements radioactive waste in storage must be President of the United States and of the regulation in 10 CFR part 72 as kept in duplicate. The duplicate set of confirmed by the U.S. Senate. Its overall it determines are authorized by law, will records must be kept at a separate purpose is to promote policies, not endanger life or property or the location sufficiently remote from the programs, practices, and procedures that common defense and security, and are original records that a single event guarantee equal opportunity for all otherwise in the public interest. would not destroy both sets of records.’’ people with disabilities, regardless of Section 72.72(d) of 10 CFR part 72 The applicant proposes to maintain a the nature of severity of the disability; requires each licensee to keep duplicate single set of spent fuel records in storage and to empower people with disabilities records of spent fuel and high-level at a record facility that satisfies the to achieve economic self-sufficiency, radioactive waste in storage. The requirements set forth in ANSI N45.2.9– independent living, and inclusion and duplicate set of records must be kept at 1974. integration into all aspects of society. a separate location sufficiently remote This committee is necessary to from the original records that a single IV provide advice and recommendations to event would not destroy both sets of The staff considered the applicant’s NCD on international disability issues. records. The applicant stated that, request and determined that granting pursuant to 10 CFR 72.140(d), the We currently have balanced the proposed exemption from the Energy Northwest Operational Quality membership representing a variety of requirements of 10 CFR 72.72(d) is Assurance (QA) Program Description disabling conditions from across the authorized by law, will not endanger will be used to satisfy the QA United States. life or property or the common defense requirements for the ISFSI. The QA and security, and is otherwise in the Open Meetings/Conference Calls: This Program Description states that QA public interest. The staff grants the advisory committee meeting/conference records are maintained in accordance exemption, subject to the following call of NCD will be open to the public. with commitments to ANSI N45.2.9– conditions: However, due to fiscal constraints and 1974. ANSI N45.2.9–1974 allows for the (1) Energy Northwest may maintain staff limitations, a limited number of storage of QA records in a duplicate records of spent fuel and high-level additional lines will be available. storage location sufficiently remote from radioactive waste in storage either in Individuals can also participate in the the original records or in a record duplicate as required by 10 CFR conference call at the NCD office. Those storage facility subject to certain 72.72(d), or alternatively, a single set of interested in joining this conference call provisions designed to protect the records may be maintained at a record should contact the appropriate staff records from fire and other adverse storage facility that satisfies the member listed above. conditions. The applicant seeks to standards set forth in ANSI N45.2.9– Records will be kept of all streamline and standardize 1974. International Watch meetings/ recordkeeping procedures and processes (2) All other requirements of 10 CFR conference calls and will be available for the Columbia Generating Station and 72.72(d) shall be met. after the meeting for public inspection ISFSI spent fuel records. The applicant The documents related to this at NCD. states that requiring a separate method proposed action are available for public
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inspection and for copying (for a fee) at event would not destroy both sets of a separate location sufficiently remote the NRC Public Document Room, One records. The applicant stated that, from the original records that a single White Flint North Building, 11555 pursuant to 10 CFR 72.140(d), the event would not destroy both sets of Rockville Pike, Rockville, Maryland Rancho Seco Quality Manual (RSQM) records.’’ The applicant proposes to 20852, or from the publicly available will be used to satisfy the Quality maintain a single set of spent fuel records component of NRC’s Assurance (QA) requirements for the records in storage at a record facility Agencywide Documents Access and ISFSI. The RSQM states that QA records that satisfies the requirements set forth Management System (ADAMS). ADAMS are maintained 2 in accordance with in ANSI/ASME, NQA–1–1983, is accessible from the NRC web site at commitments to ANSI/ASME, NQA–1– Supplement 17S–1 and ANSI N45.2.9– http://www.nrc.gov/NRC/ADAMS/ 1983, Supplement 17S–1 and ANSI 1974. index.html (the Public Electronic N45.2.9–1974. ANSI/ASME, NQA–1– Reading Room). 1983, Supplement 17S–1 and ANSI IV Pursuant to 10 CFR 51.35, NRC has N45.2.9–1974 allow for the storage of The staff considered the applicant’s published it finding that granting this QA records in a duplicate storage request and determined that granting exemption will have no significant location sufficiently remote from the the proposed exemption from the impact on the quality of the human original records or in a single record requirements of 10 CFR 72.72(d) is environment in the Federal Register (66 storage facility subject to certain authorized by law, will not endanger FR 10758). provisions designed to protect the life or property or the common defense This exemption is effective upon records from fire and other adverse and security, and is otherwise in the issuance. conditions. The applicant seeks to streamline and standardize public interest. The staff grants the Dated at Rockville, Maryland, this 15th day exemption, subject to the following of March 2001. recordkeeping procedures and processes for the Rancho Seco Nuclear Generating conditions: For the Nuclear Regulatory Commission. Station and ISFSI spent fuel records. (1) SMUD may maintain records of E. William Brach, The applicant states that requiring a spent fuel and high-level radioactive Director, Spent Fuel Project Office, Office of separate method of record storage for waste in storage either in duplicate as Nuclear Material Safety and Safeguards. ISFSI records diverts resources required by 10 CFR 72.72(d), or [FR Doc. 01–7355 Filed 3–23–01; 8:45 am] unnecessarily. alternatively, a single set of records may BILLING CODE 7590–01–P ANSI/ASME, NQA–1–1983, be maintained at a record storage facility Supplement 17S–1 and ANSI N45.2.9– that satisfies the standards set forth in 1974 provide requirements for the ANSI/ASME, NQA–1–1983, NUCLEAR REGULATORY protection of nuclear power plant QA COMMISSION Supplement 17S–1 and ANSI N45.2.9– records against degradation. They 1974. [Docket No. 72–11–50–312] specify design requirements for use in the construction of record storage (2) All other requirements of 10 CFR In the Matter of Sacramento Municipal facilities when use of a single storage 72.72(d) shall be met. Utility District Rancho Seco facility is desired. They include specific The documents related to this Independent Spent Fuel Storage requirements for protection against proposed action are available for public Installation; Exemption degradation mechanisms such as fire, inspection and for copying (for a fee) at humidity, and condensation. The the Commission’s Public Document I requirements in ANSI/ASME NQA–1– Room, One White Flint North Building, Sacramento Municipal Utility District 1983, Supplement 17S–1 and ANSI 11555 Rockville Pike, Rockville, (SMUD), the licensee, holds Materials N45.2.9–1974 have been endorsed by Maryland 20852, or from the publicly License SNM–2510 for receipt and the NRC in Regulatory Guide 1.88, available records component of NRC’s storage of spent fuel from the Rancho ‘‘Collection, Storage and Maintenance of Agencywide Documents Access and Seco Nuclear Generating Station at an Nuclear Power Plant Quality Assurance Management System (ADAMS). ADAMS Independent Spent Fuel Storage Records,’’ as adequate for satisfying the is accessible from the NRC web site at Installation (ISFSI) located on the recordkeeping requirements of 10 CFR http://www.nrc.gov/NRC/ADAMS/ Rancho Seco Nuclear Generating Station Part 50, Appendix B. ANSI/ASME, index.html (the Public Electronic site. The facility is located in NQA–1–1983, Supplement 17S–1 and Reading Room). Sacramento County, California. ANSI N45.2.9–1974 also satisfy the Pursuant to 10 CFR 51.35, NRC has requirements of 10 CFR 72.72 by II published its finding that granting this providing for adequate maintenance of exemption will have no significant Pursuant to 10 CFR 72.7, the Nuclear records regarding the identity and impact on the quality of the human Regulatory Commission (NRC) may history of the spent fuel in storage. Such environment in the Federal Register (66 grant exemptions from the requirements records would be subject to and need to FR 11610). of the regulations in 10 CFR Part 72 as be protected from the same types of it determines are authorized by law, will degradation mechanisms as nuclear This exemption is effective upon not endanger life or property or the power plant QA records. issuance. common defense and security, and are III Dated at Rockville, Maryland this 15th day otherwise in the public interest. of March 2001. Section 72.72(d) of 10 CFR Part 72 By letter dated December 13, 2000, For The Nuclear Regulatory Commission. requires each licensee to keep duplicate SMUD requested an exemption from the records of spent fuel and high-level requirement in 10 CFR 72.72(d) which E. William Brach, radioactive waste in storage. The states in part that ‘‘Records of spent fuel Director, Spent Fuel Project Office, Office of duplicate set of records must be kept at and high-level radioactive waste in Nuclear Material Safety and Safeguards. a separate location sufficiently remote storage must be kept in duplicate. The [FR Doc. 01–7354 Filed 3–23–01; 8:45 am] from the original records that a single duplicate set of records must be kept at BILLING CODE 7590–01–P
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NUCLEAR REGULATORY or mitigation. The physical protection publication of this notice will be COMMISSION systems described in the ISFSI security plan considered in making any final are designed to protect against the loss of determination. [Docket No. 50–29] control of the facility that could be sufficient Written comments may be submitted to cause a radiation exposure exceeding the by mail to the Chief, Rules and Yankee Atomic Electric Company; dose as described in 10 CFR 72.106. Directives Branch, Division of Notice of Consideration of Issuance of Therefore, the proposed amendment to the Administrative Services, Office of Amendment to Facility Possession- security plan will not involve a significant Administration, U.S. Nuclear Regulatory Only License, Proposed no Significant increase in the probability or consequences of an accident previously evaluated. Commission, Washington, DC 20555– Hazards Consideration Determination, 2. Create the possibility of a new or 0001, and should cite the publication and Opportunity for a Hearing different accident from any previously date and page number of this Federal evaluated. Based on the details presented in The U.S. Nuclear Regulatory Register notice. Written comments may the safety analysis, the proposed amendment also be delivered to Room 6D59, Two Commission (the Commission) is to the security plan incorporating ISFSI considering issuance of an amendment security functions does not affect the White Flint North, 11545 Rockville to Facility Possession-Only License No. operation of systems important to safety. The Pike, Rockville, Maryland, from 7:30 DPR–3 issued to Yankee Atomic Electric security plan amendment does not affect any a.m. to 4:15 p.m. Federal workdays. Company (YAEC) for possession of the of the parameters or conditions that could Documents may be examined, and/or Yankee Nuclear Power Station (YNPS) contribute to the initiation of any accident. copied for a fee, at the NRC’s Public located in Rowe, Massachusetts. No new accident scenarios are created as a Document Room, located at One White result of security plan changes requested to Flint North, 11555 Rockville Pike (first The proposed amendment would incorporate the ISFSI security functions. In allow changes to the security plan to floor), Rockville, Maryland. addition, the design functions of equipment The filing of requests for hearing and include the new Independent Spent important to safety are not altered as a result Fuel Storage Installation (ISFSI). of the proposed security plan changes. The petitions for leave to intervene is Before issuance of the proposed physical protection systems described in the discussed below. By April 25, 2001, the licensee may license amendment, the Commission ISFSI security plan are described to protect file a request for a hearing with respect will have made findings required by the against the loss of control of the facility that to issuance of the amendment to the Atomic Energy Act of 1954, as amended could be sufficient to cause a radiation exposure exceeding the dose as described in subject facility operating license and (the Act) and the Commission’s 10 CFR 72.106. Therefore, the proposed any person whose interest may be regulations. security plan changes will not create the affected by this proceeding and who The Commission has made a possibility of a new or different accident wishes to participate as a party in the proposed determination that the from any previously evaluated. proceeding must file a written request amendment request involves no 3. Involve a significant reduction in the for a hearing and a petition for leave to significant hazards consideration. Under margin of safety. Based on the details intervene. Requests for a hearing and a the Commission’s regulations in 10 CFR presented in the safety analysis, petition for leave to intervene shall be 50.92, this means that operation of the implementation of the proposed amendment to the security plan incorporating ISFSI filed in accordance with the facility in accordance with the proposed security functions will not reduce a margin Commission’s ‘‘Rules of Practice for amendment would not (1) involve a of safety as detailed in the Technical Domestic Licensing Proceedings’’ in 10 significant increase in the probability or Specifications as there are no Technical CFR Part 2. Interested persons should consequences of an accident previously Specification requirements associated with consult a current copy of 10 CFR 2.714 evaluated; or (2) create the possibility of the physical security system. Specifically, the which is available at the Commission’s a new or different kind of accident from proposed changes to the security plan do not represent a change in initial conditions, Public Document Room, located at One any accident previously evaluated; or White Flint North, 11555 Rockville Pike (3) involve a significant reduction in a system response time, or in any other parameter affecting the course of an accident (first floor), Rockville, Maryland, and margin of safety. As required by 10 CFR analysis supporting the Bases of any accessible electronically through the 50.91(a), the licensee has provided its Technical Specification. The proposed ADAMS Public Electronic Reading analysis of the issue of no significant amendment to the security plan does not Room link at the NRC Web site (http:/ hazards consideration, which is reduce the effectiveness of any security or /www.nrc.gov). If a request for a hearing presented below: safeguards measures currently in place at or petition for leave to intervene is filed YNPS. The physical protection systems The proposed amendment to the security by the above date, the Commission or an described in the ISFSI security plan are plan provides the basis for establishing designed to protect against the loss of control Atomic Safety and Licensing Board, security functions necessary to implement of the facility that could be sufficient to cause designated by the Commission or by the appropriate security/safeguards measures for a radiation exposure exceeding the dose as Chairman of the Atomic Safety and the YNPS ISFSI. As such, the changes will described in 10 CFR 72.106. Licensing Board Panel, will rule on the not: Therefore, the proposed security plan 1. Involve a significant increase in the request and/or petition; and the changes will not involve a significant Secretary or the designated Atomic probability or consequences of an accident reduction in the margin of safety. previously evaluated. Based on the details Safety and Licensing Board will issue a presented in the safety analysis, the proposed The NRC staff has reviewed the notice of hearing or an appropriate amendment to the security plan, which licensee’s analysis and, based on this order. incorporates ISFSI security functions, does review, it appears that the three As required by 10 CFR 2.714, a not reduce the ability of the security standards of 10 CFR 50.92(c) are petition for leave to intervene shall set organization to prevent radiological sabotage satisfied. Therefore, the NRC staff forth with particularity the interest of and therefore does not increase the proposes to determine that the the petitioner in the proceeding, and probability or consequences of a radiological how that interest may be affected by the release previously evaluated. The proposed amendment request involves no security plan changes will not affect any significant hazards consideration. results of the proceeding. The petition important to safety systems or components, The Commission is seeking public should specifically explain the reasons their mode of operation or operating comments on this proposed why intervention should be permitted strategies. The proposed security plan determination. Any comments received with particular reference to the changes have no affect on accident initiators within 30 days after the date of following factors: (1) The nature of the
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petitioner’s right under the Act to be If the final determination is that the NUCLEAR REGULATORY made party to the proceeding; (2) the amendment request involves no COMMISSION nature and extent of the petitioner’s significant hazards consideration, the property, financial, or other interest in Commission may issue the amendment Sunshine Act Meeting. the proceeding; and (3) the possible and make it immediately effective, effect of any order which may be AGENCY HOLDING THE MEETING: Nuclear notwithstanding the request for a Regulatory Commission. entered in the proceeding on the hearing. Any hearing held would take DATE: Weeks of March 26, April 2, 9, 16, petitioner’s interest. The petition should place after issuance of the amendment. also identify the specific aspect(s) of the 23, 30, 2001. subject matter of the proceeding as to If the final determination is that the PLACE: Commissioners’ Conference which petitioner wishes to intervene. amendment request involves a Room, 11555 Rockville Pike, Rockville, Any person who has filed a petition for significant hazards consideration, any Maryland. leave to intervene or who has been hearing held would take place before STATUS: Public and Closed admitted as a party may amend the the issuance of any amendment. MATTERS TO BE CONSIDERED: petition without requesting leave of the A request for a hearing or a petition Week of March 26, 2001 Board up to 15 days prior to the first for leave to intervene must be filed with prehearing conference scheduled in the the Secretary of the Commission, U.S. There are no meetings scheduled for proceeding, but such an amended Nuclear Regulatory Commission, the week of March 26, 2001. petition must satisfy the specificity Washington, DC 20555–0001, Attention: Week of April 2, 2001—Tentative requirements described above. Not later than 15 days prior to the first Rulemakings and Adjudications Staff, or There are no meetings scheduled for prehearing conference scheduled in the may be delivered to the Commission’s the week of April 2, 2001. Public Document Room, located at One proceeding, a petitioner shall file a Week of April 9, 2001—Tentative supplement to the petition to intervene White Flint North, 11555 Rockville Pike which must include a list of the (first floor), Rockville, Maryland, by the Monday, April 9, 2001 contentions which are sought to be above date. A copy of the petition 1:30 p.m.—Briefing on 10 CFR Part 71 litigated in the matter. Each contention should also be sent to the Office of the Rulemaking (Public Meeting) must consist of a specific statement of General Counsel, U.S. Nuclear (Contacts: Naiem Tanious, 301– the issue of law or fact to be raised or Regulatory Commission, Washington, 415–6103; David Pstrak, 301–415– controverted. In addition, the petitioner DC 20555–0001, and to Robert K. Gad, 8486) shall provide a brief explanation of the III, Esq., Ropes and Gray, One bases of the contention and a concise International Place, Boston, MA 02110– Tuesday, April 10, 2001 statement of the alleged facts or expert 2624, attorney for the licensee. 10:25 a.m.—Affirmation Session (Public opinion which support the contention Nontimely filings of petitions for Meeting) (If needed) and on which the petitioner intends to 10:30 a.m.—Meeting on Rulemaking and leave to intervene, amended petitions, rely in proving the contention at the Guidance Development for hearing. The petitioner must also supplemental petitions and/or requests Uranium Recovery Industry (Public provide references to those specific for hearing will not be entertained Meeting) (Contact: Michael Layton, sources and documents of which the absent a determination by the 301–415–6676) petitioner is aware and on which the Commission, the presiding officer or the Week of April 16, 2001—Tentative petitioner intends to rely to establish presiding Atomic Safety and Licensing those facts or expert opinion. Petitioner Board that the petition and/or request There are no meetings scheduled for must provide sufficient information to should be granted based upon a the week of April 16, 2001. show that a genuine dispute exists with balancing of the factors specified in 10 Week of April 23, 2001—Tentative the applicant on a material issue of law CFR 2.714(a)(1)(i)–(v) and 2.714(d). Tuesday, April 24, 2001 or fact. Contentions shall be limited to For further details with respect to this matters within the scope of the action, see the application for 10:25 a.m.—Affirmation Session (Public amendment under consideration. The amendment dated October 12, 2000, Meeting) (If needed) contention must be one which, if which is available for public inspection 10:30 a.m.—Discussion of proven, would entitle the petitioner to at the Commission’s Public Document Intragovernmental issues (Closed– relief. A petitioner who fails to file such Ex. 9) a supplement which satisfies these Room, located at One White Flint North, requirements with respect to at least one 11555 Rockville Pike (first floor), Week of April 30, 2001—Tentative contention will not be permitted to Rockville, Maryland, and accessible There are no meetings scheduled for participate as a party. electronically through the ADAMS the week of April 30, 2001. Public Electronic Reading Room link at Those permitted to intervene become The Schedule for Commission meetings is parties to the proceeding, subject to any the NRC Web site (http://www.nrc.gov). subject to change on short notice. To verify limitations in the order granting leave to Dated at Rockville, Maryland, this 20th day the status of meetings call (recording)—(301) intervene, and have the opportunity to of March 2001. 415–1292. contact person for more participate fully in the conduct of the information: david Louis Gamberoni (301) For the Nuclear Regulatory Commission. hearing, including the opportunity to 415–1651. present evidence and cross-examine John B. Hickman, * * * * * witnesses. Project Manager, Project Directorate IV & The NRC Commission Meeting If a hearing is requested, the Decommissioning, Division of Licensing Schedule can be found on the Internet Commission will make a final Project Management, Office of Nuclear at: http://www.nrc.gov/SECY/smj/ determination on the issue of no Reactor Regulation. schedule.htm significant hazards consideration. The [FR Doc. 01–7353 Filed 3–23–01; 8:45 am] * * * * * final determination will serve to decide BILLING CODE 7590–01–P This notice is distributed by mail to when the hearing is held. several hundred subscribers; if you no
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longer wish to receive it, or would like the garments were radioactively Commission for the Commission’s to be added to the distribution, please contaminated, ‘‘Laundering the Haddam review in accordance with 10 CFR 2.206 contact the Office of the Secretary, Neck reactor’s protective garments at a of the Commission’s regulations. As Washington, D.C. 20555 (301–415– public facility constitutes a serious loss provided for by this regulation, the 1969). In addition, distribution of this of radiological control, and blatant Director’s Decision will constitute the meeting notice over the Internet system disregard for public and worker health final action of the Commission 25 days is available. If you are interested in and safety, the environment, and NRC after the date of issuance, unless the receiving this Commission meeting rules and regulations.’’ Commission, on its own motion, schedule electronically, please send an The Petitioners addressed the Petition institutes a review of the Director’s electronic message to [email protected]. Review Board (PRB) on October 10, Decision in that time. 2000, in a telephone conference call to Dated: March 22, 2001. Dated at Rockville, Maryland, this 20th day clarify the basis for the Petition. The of March, 20, 2001. David Louis Gamberoni, transcript of this discussion may be For The Nuclear Regulatory Commission. Technical Coordinator, Office of the examined, and/or copied for a fee at the Secretary. NRC Public Document Room, located at Samuel J. Collins, [FR Doc. 01–7503 Filed 3–22–01; 12:16 pm] One White Flint North, 11555 Rockville Director, Office of Nuclear Reactor BILLING CODE 7590–01–M Pike (first floor), Rockville, Maryland. Regulation. The transcript (ADAMS Accession No.: [FR Doc. 01–7351 Filed 3–23–01; 8:45 am] ML003768237) is also available at the BILLING CODE 7590–01–P NUCLEAR REGULATORY ADAMS Public Library component of COMMISSION the NRC’s Web site, http://www.nrc.gov [Docket No. 50–213] (the Public Electronic Reading Room). OFFICE OF PERSONNEL The NRC sent a copy of the proposed MANAGEMENT Connecticut Yankee Atomic Power Director’s Decision to the Petitioners Company, Haddam Neck Plant; and to the licensee for comment by Submission for OMB Review; Issuance of Director’s Decision Under letter dated December 19, 2000. The Comment Request for Review of a 10 CFR 2.206 Petitioners responded with comments Revised Information Collection; IS–10 on January 4, 2001, and the licensee Notice is hereby given that the AGENCY: U.S. Office of Personnel responded on January 5, 2001. These Management. Director, Office of Nuclear Reactor comments and the NRC staff’s response ACTION: Regulation, has taken action with regard to them are Enclosures to the Director’s Notice. to a Petition for action under 10 CFR Decision. SUMMARY: In accordance with the 2.206 received from Rosemary Of the four actions requested by the Bassilakis and Deborah Katz Paperwork Reduction Act of 1995 Petitioner, the Director of the Office of (Public Law 104–13)and 5 CFR 1320.5 (Petitioners) of the Citizens Awareness Nuclear Reactor Regulation has granted Network, dated September 26, 2000, (a)(I)(iv), this notice announces that one action (an investigation of the OPM has submitted to the Office of with regard to the operation of the licensee’s laundering practices and this Connecticut Yankee Atomic Power Management and Budget, a request for incident), granted in principle one clearance of a revised information Company’s (CYAPCO’s or the licensee’s) action (an informal public hearing), Haddam Neck Plant (Haddam Neck). collection. The Mail Reinterview Form, denied one action (suspend or revoke IS–10, is completed by individuals who The Petition was supplemented by the the operating license), and one action Petition Review Board’s (PRB) October have been interviewed by a contract (report any violations of regulations to investigator during the course of a 10, 2000, transcript. the Department of Justice) became moot personnel investigation. This form, a The Petition requested that the because no violations were identified. quality assurance instrument, asks Nuclear Regulatory Commission (NRC The reasons for this decision are questions regarding the performance of or the Commission) (1) Conduct a full explained in the Director’s Decision investigation of CYAPCO’s garment the investigator. pursuant to 10 CFR 2.206 (DD–01–02), We estimate that 5700 forms are laundering practices and specifically of the complete text of which is available completed annually. Each form requires the September 20, 2000, incident at a in ADAMS for inspection at the approximately 6 minutes to complete. public laundry facility in which the Commission’s Public Document Room, The annual estimated burden is 570 Petitioners contend that the licensee located at One White Flint North, 11555 hours. may have laundered radioactively Rockville Pike (first floor), Rockville, For copies of this proposal contact contaminated clothing; (2) revoke Maryland, and from the ADAMS Public Mary Beth Smith-Toomey at (202) 606– CYAPCO’s license, or suspend it until Library component on the NRC’s Web 8358 or fax (202) 418–3251 or by e-mail an investigation is completed and any site, http://www.nrc.gov (the Public to [email protected]. contamination found as a result of that Electronic Reading Room). DATES: investigation is remediated; (3) report The issues raised in the September 26, Comments on this proposal any violation of regulations to the 2000, Petition have been resolved. should be received on or before April Department of Justice; and (4) conduct Inspection efforts conducted by NRC in 25, 2001. an informal public hearing. response to the Petition determined that ADDRESSES: Send or deliver written As the basis for the September 26, protective clothing at the licensee’s comments to: 2000, request, the Petitioners raised training facility was free from Richard A. Ferris, Associate Director, concerns stemming from a September radioactive contamination. Furthermore, Investigations Service, U.S. Office of 20, 2000, incident in which CYAPCO the NRC inspection report concluded Personnel Management, Room 5416, laundered bright yellow coveralls, that effective controls were in place to 1900 E Street NW., Washington, DC rubber boots, and gloves at a public assure that training garments had not 20415–4000, laundromat in East Hampton, and would not become contaminated. and Connecticut. The Petition contends that, A copy of the Director’s Decision will Joseph Lackey, OPM Desk Officer, although it is not clear whether or not be filed with the Secretary of the Office of Information & Regulatory
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Affairs, Office of Management & complaint, Carlson further alleges that collections, the Postal Service alleges Budget, New Executive Office the current level of Sunday, holiday, that there are no longer dispatches of Building, NW., Room 10235, Christmas eve, and New Year’s eve value because outgoing mail processing Washington, DC 20503. service does not conform to the does not occur on Sundays. Therefore, requirements delineated in the Postal the Postal Service infers that the POM Steven R. Cohen, Service’s postal operations manual does not require Sunday collections. Acting Director. (POM). Answer at 4–12. [FR Doc. 01–7385 Filed 3–23–01; 8:45 am] Carlson requests that the Commission The Service concedes that in the BILLING CODE 6325–40–P issue a public report documenting the 1970s and early 1980s it tended to do alleged Postal Service’s noncompliance more processing of outgoing mail on with collection and outgoing mail holidays than it does now. The Service POSTAL RATE COMMISSION processing on Sundays, holidays, states that collection and outgoing mail processing tend not to be done on [Docket No. C2001–1; Order No. 1307] Christmas eve, and New Year’s eve as delineated in the POM. Furthermore, he several widely observed holidays, and Notice and Order on Complaint requests that the Commission consider outgoing mail processing is now rare on Concerning Sunday and Holiday Mail conducting a hearing to determine: (1) Christmas day and New Year’s day. Collections The extent to which the Postal Service However, the Service denies outgoing provides collection service on Christmas mail processing has been phased out AGENCY: Postal Rate Commission. eve and New Year’s eve; (2) the extent over time. If a holiday occurs on a ACTION: Notice and order on complaint to which customers have access to Monday, the Service admits that there docket no. C2000–1. collection and processing of outgoing may be two consecutive days without First-Class Mail on holidays; and (3) collections or outgoing mail processing. SUMMARY: This document addresses a whether the Postal Service provides The Postal Service acknowledges complaint and related motion practice adequate postal services within the instances of Christmas eve, and possibly concerning Sunday and holiday mail meaning of section 3661(a) when New Year’s eve, final collections collections. It established deadlines for customers do not have access to occurring prior to the times posted on certain actions. It also addresses other outgoing First-Class Mail service on the collection boxes, and that customers aspects of the filing. Sundays, holidays, or for any two were not given prior notice that this DATES: Notice and order issued March consecutive days. would happen. However, the Postal 20, 2001; complainant’s filing due April Service notes that the POM allows the 3, 2001; participants’ responses due Postal Service Answer and Motion to Service to make exceptions to the April 10, 2001. Dismiss specific level of service provided. The Service denies that service exceptions ADDRESSES: Send filings to the attention On November 27, 2000, the Postal were not granted, as alleged by Carlson. of Steven W. Williams, acting secretary, Service filed an answer to the The Postal Service notes that the POM 1333 H Street NW., suite 300, Complaint concurrent with a motion to dismiss.2 The answer demonstrates allows exceptions to be made to holiday Washington, DC 20268–0001. and holiday eve service levels. There is FOR FURTHER INFORMATION CONTACT: considerable agreement as to the events that have occurred, but disagreement in evidence that the POM and the Stephen L. Sharfman, General Counsel, Domestic Mail Manual (DMM) 202–789–6820. interpreting these events as they relate to the requirements of the Postal exception provisions are in conflict. SUPPLEMENTARY INFORMATION: Service. Procedurally important, the However, the Service denies the allegation that the provisions in the Authority to Consider the Complaint 39 Postal Service acknowledges that it did POM control the provisions in the U.S.C. 3662 not seek advisory opinions for any of the three service changes alleged by DMM. The Postal Service also contends Background Carlson. The facts that follow briefly that the POM is not intended to be On October 27, 2000, Douglas F. describe the Postal Service’s position on relied upon by the general public. The Postal Service separately Carlson filed a complaint with the Sunday, holiday, and holiday eve discusses allegations of providing Commission pursuant to 39 U.S.C. 3662, service, and the significance of the service inconsistent with the POM, rate and service complaints, alleging POM. Sunday collections, and holiday and that the Postal Service has made The Postal Service admits that holiday eve collections as part of the changes to the nature of mail service Sunday collection and outgoing mail motion to dismiss as allowed by rule without first seeking an advisory processing were eliminated effective 84(b)–(c). The Service first states that opinion from the Commission as February 14, 1988. The Service the provisions of the POM ‘‘are not required by section 3661(b).1 He alleges specifically denies that an advisory necessarily commensurate with the that the Postal Service has made opinion was required to take this action. policies of the [Postal Reorganization] changes to the nature of mail service on The Service acknowledges that this Act.’’ It then asserts that the complaint either a nationwide or a substantially policy change was never incorporated fails to allege that the complainant is nationwide basis by eliminating: (1) into the POM. However, the Service not receiving postal services in Sunday collection and processing of states that the POM is in the process of accordance with the policies of title 39. outgoing First-Class Mail; (2) processing being amended to reflect the current From this, the Postal Service concludes of outgoing First-Class Mail on several policy. that the allegations regarding the POM holidays; and (3) normal mail The POM discusses Sunday and are outside the scope of section 3662 collections on Christmas eve and holiday collections ‘‘to ensure that the and should be dismissed. In conjunction possibly on New Year’s eve. As a second mail will connect with dispatches of with the above argument, the Postal basis to sustain his section 3662 value * * *.’’ Specifically for Sunday Service argues that the Commission 1 Douglas F. Carlson complaint on Sunday and 2 Answer of the United States Postal Service and lacks jurisdiction to entertain a holiday collections, filed October 27, 2000 motion to dismiss, filed November 27, 2000 complaint, such as the instant (complaint). (answer). complaint, which does not allege that
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the service provided is not in complaint fails to raise a matter of postal customers are not receiving accordance with the policies of title 39.3 policy to be considered by the postal services in accordance with the Answer at 12–13. Commission, and, citing the policies of title 39. The Postal Service indicates that it is requirements of section 3662, as To support his argument based on the amending the POM to eliminate the implemented by rule 82, therefore POM, Carlson traces the requirements of discrepancies from actual practice cited should be dismissed. in the complaint. Thus, there is no need the Act to the promulgation of the rules to pursue analysis of this situation Carlson Motion for Extension of Time and regulations delineated in the POM. because it will soon cease to exist. The The deadline for filing answers to the From this, Carlson infers that the POM Postal Service alleges that the complaint Postal Service motion to dismiss passed contains the Postal Service’s rules and overstates the significance of the POM on December 4, 2000. On December 7, regulations establishing an efficient provisions cited by blurring the 2000, Carlson filed a motion for system of collecting mail. Therefore, he distinction between collection and mail extension of time to answer the Postal concludes, a customer not receiving processing. Furthermore, the complaint Service motion.4 Carlson requested a collection service as set forth in the does not cite any provision of the POM deadline of December 11, 2000 to serve POM is not receiving postal services in that mandates a level of outgoing mail an answer on the Postal Service, and accordance with the policies of the Act, processing on Sundays, holidays, estimated three additional days for and may file a complaint. Response at Christmas eve and New Year’s eve. Id. delivery of the associated document. 4–5. The Carlson response to Postal Service at 13–14. The second basis used by Carlson to The Postal Service requests that the motion to dismiss was subsequently show that postal customers may not be Commission dismiss the portions of the filed on December 14, 2000. The Postal complaint regarding the elimination in Service does not oppose this request, receiving postal services in accordance 1988 of Sunday collections and and the late filing will not prejudice any with the policies of title 39 is through outgoing mail processing. The Service interested party. The Commission grants an alleged violation of a provision of the argues that common sense principles of the Carlson motion for extension of time Act. Section 3661(b) requires the Postal equity and laches suggest that 13 years in as far as allowing the late filing of the Service to seek an advisory opinion is an inordinate amount of time to wait Carlson response.5 under specific circumstances when it before bringing this matter before the decides to change the nature of a postal Carlson Response to Motion to Dismiss Commission. It summarizes that there service. If the Postal Service does not would be no practical utility in Carlson filed a response in opposition request an advisory opinion when reviewing this history at this time. In to the motion to dismiss on December required, Carlson concludes that a addition, the Service argues that its 14, 2000.6 Carlson states that his complaint may be filed. Id at 4–5. Complaint is brought pursuant to actions were reasonable under the The response also provides rebuttal to section 3662 which allows interested circumstances, and its ability to many of the allegations made by the expediently comply with the Omnibus parties who believe that they are not receiving postal services in accordance Postal Service in the answer. Id at 5–19. Budget Reconciliation Act of 1987 This material will not be reviewed here, (OBRA) legislation with the least with the policies of title 39 to lodge a but will be drawn upon as necessary in possible harm to the mailing public complaint with the Commission. He the Commission’s analysis of the Postal would have been frustrated by first cites the alleged failure of the Postal having to seek an advisory opinion. Id. Service to provide the level of service Service motion to dismiss. at 14–16. delineated in the POM and failure of the Subsequent Motion Practice The Postal Service argues that the Postal Service to seek an advisory holiday and holiday eve collection opinion when changing its policy on The Postal Service filed a motion for issues are generally temporary and local collections as the bases for arguing that leave to reply to alleged misstatements in nature, and do not rise to the level of material fact and an erroneous of a nationwide change in service. 4 Douglas F. Carlson motion for extension of time standard for initiating a proceeding Because this is an ‘‘individual, to respond to Postal Service motion to dismiss, filed 7 December 7, 2000. contained in Carlson’s answer. This localized, or temporary service issue not 5 Historically, the Commission liberally grants motion is granted. The Postal Service on a substantially nationwide basis,’’ reasonable extensions of time to file documents reply was received on December 26, the Service concludes that this issue when no party is prejudiced by such an extension. 2000, and will be considered.8 The should not be considered by the Recognizing this practice, participants should note that the requirement to observe the ‘‘filing date’’ of USPS Reply contains additional Commission and thus, dismissed. a document is an integral part to many of the argument on the statutory requirements Furthermore, the Service states that it Commission’s rules. Motions for extensions of time for initiating a complaint, and on the needs the latitude to assess local that request the Commission to wave a filing date requirement and replace it with a service date approximately 12-year delay in conditions and adjust its operations initiating a complaint regarding Sunday accordingly. Id. at 16–18. In summation, requirement, without more, do not adequately reflect the requirements of the Commission’s rules. service. The Postal Service also argues the Postal Service concludes that the Therefore, in as far as the Carlson motion requests the distinction between the policy of the observance of a service deadline, the motion is discretion over the level of holiday 3 The Service cites PRC order no. 1088 as support denied. for the premise that the Commission lacks The expected filing date is described in Carlson’s service and the policy of curtailing jurisdiction to enterain complaints which fail to motion. This date was met. The Commission will holiday service. allege that the service provided is not in accordance consider the Carlson motion as a motion for with the policies of title 39. In PRC order no. 1088, extension of time with a requested filing deadline 7 Motion of the United States Postal Service for the Commission ruled that the violation of a of December 14, 2000. leave to reply to Douglas F. Carlson answer in 6 criminal statute, 18 U.S.C. 1721, did not fall within Douglas F. Carlson answer in opposition to opposition to Postal Service motion to dismiss, filed the scope of 39 U.S.C. 3662. The Service’s Postal Service motion to dismiss, filed December December 26, 2000. interpretation is much broader than what was 14, 2000. Douglas F. Carlson answer in opposition 8 actually stated in that order. In the instant to Postal Service motion to dismiss—erratum, filed Reply of the United States Postal Service to complaint, the service provided (or not provided), December 20, 2000. Douglas F. Carlson answer in Douglas F. Carlson answer in opposition to Postal collection and processing of mail, is within the opposition to Postal Service motion to dismiss— Service motion to dismiss, filed December 26, 2000 scope of section 3662. erratum, filed January 7, 2001. (Response). (USPS reply).
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Carlson’s final reply was received on indicate, upon further examination, that must be reasonable, and not merely a January 7, 2001.9 This reply provides these service issues approach the naked assertion. The complainant does additional argument and reiterates the nationwide magnitude of the Sunday not have to ‘‘prove’’ a violation of the basis of the complaint. This additional collection and outgoing mail processing statute. An opportunity to develop pleading is also accepted and will be allegations, where no mailer is receiving evidence and make a case is provided if considered. the services in question. the complaint is heard. In the instant Once the complainant shows that he complaint, to determine if the belief is Commission Analysis is receiving (or not receiving) the service reasonable the Commission must This Complaint is brought pursuant to in question, he must then demonstrate consider whether the complainant has rate and service complaints, 39 U.S.C. a belief that the service in question is at least made a colorable claim alleging 3662. The subject of the complaint is not in accordance with the policies of a violation of section 3661(b).11 Sunday, holiday, and holiday eve the Act. Carlson attempts to The starting point is a review of the service. It does not involve rate issues, demonstrate this belief using two requirements of section 3661(b). Section or subchapter II, permanent rates and separate arguments. One argument, 3661(b) states: classes of mail, issues. The applicable although loosely based on the Postal When the Postal Service determines that part of section 3662 states: Service requirement to develop and there should be a change in the nature of Interested parties * * * who believe that promote adequate and efficient postal postal services which will generally affect they are not receiving postal service in services, section 3661(a), is more service on a nationwide or substantially accordance with the policies of this title may accurately characterized as based on the nationwide basis, it shall submit a proposal, lodge a complaint with the Postal Rate Postal Service’s alleged failure to seek within a reasonable time prior to the effective Commission in such form and in such an advisory opinion as required by date of such proposal, to the Postal Rate manner as it may prescribe. section 3661(b). The other argument is Commission requesting an advisory opinion 39 U.S.C. 3662. Thus, to sustain a based on the Postal Service not on the change. complaint, the complainant must show conforming its actual service practice to The statute places the burden upon the (1) that the complainant is receiving (or the specifications delineated in the Postal Service to determine whether to not receiving) the service in question, POM. request an advisory opinion from the and (2) a belief that the service in Carlson’s argument that the Postal Commission when it is contemplating a question is not in accordance with the Service’s failure to seek an advisory change to a service. To make this policies of the Act. opinion as required by section 3661(b) determination, the Postal Service must The Postal Service argues that the is sufficient to demonstrate a reasonable resolve two factual issues. First, does complaint fails to allege that the belief that the services in question are the change involve a change to the complainant is not receiving postal not in accordance with the policies of nature of a postal service, and second, services in accordance with the policies the Act is examined first. The question does the change generally affect service of the Act. Answer at 12–13. Carlson before the Commission in the motion to on a nationwide or substantially replies that he has demonstrated a clear dismiss becomes whether a section 3662 nationwide basis? If both factual belief that he is not receiving the rate and service complaint is sustainable conditions exist, the Postal Service must services in question. He states that he is based upon the Postal Service’s alleged submit a proposal requesting an not receiving outgoing mail collection failure to follow a procedural provision advisory opinion from the Commission, and processing on Sunday, he has given of the Act, specifically section prior to the effective date of such examples of failure to provide holiday 3661(b).10 The Commission has proposal. outgoing mail processing in an area that previously stated: ‘‘[T]o the extent that The pleadings show that the Postal he has lived, and he states that the the section 3662 complaint mechanism Service has not requested an advisory curtailment of holiday eve service could has been viewed as a remedial opinion on alleged changes to either affect anyone traveling through the supplement to the review of Sunday, holiday or holiday eve service. affected areas. Response at 5–7. substantially nationwide service The Postal Service admits to the The Commission finds the complaint changes required under section 3661, elimination of Sunday collection and sufficiently alleges the complainant is consideration of a Postal Service action outgoing mail processing. This arguably not receiving the services in question. purportedly in violation of section 3661 rises to the level of a ‘‘change in the Although the Complaint fails to state in a complaint proceeding appears nature of postal services which will specifically that Carlson is not receiving compatible with the statutory scheme of generally affect service on a nationwide the services in question, it is also clear the Reorganization Act.’’ Order no. 1239 or substantially nationwide basis.’’ from the complaint that no one, at 14 (footnote omitted). Although that Carlson and the Postal Service differ including Carlson, is receiving Sunday order viewed this contention as a novel on whether the holiday and holiday eve collections and outgoing mail approach, the conclusion was that a service concerns rise to the level of a processing. The complaint also complaint may be heard on this basis. change in the nature of a postal service, demonstrates a sufficient personal The Commission finds that to or of the nationwide or substantially nexus to the holiday and holiday eve properly exercise its discretion and hear nationwide applicability of the actual service issues. The holiday service issue a complaint under this basis, the section service levels. The Postal Service raises allegedly has occurred in an area in 3662 ‘‘belief’’ that the complainant is a factual dispute as to whether local which Carlson resided, and the nature not receiving postal services in offices are exercising discretion on of the holiday and holiday eve service accordance with the policies of the Act holiday and holiday eve service levels issues logically may affect a broad spectrum of mailers, including Carlson. 10 A purpose of section 3661(b) is to provide the 11 The Commission finds that a colorable claim Finally, the allegations surrounding the opportunity for public input to inform a review of standard is appropriate to screen out complaints the policy requirement that ‘‘the Postal Service without merit. A higher standard would not be holiday and holiday eve issues may shall develop and promote adequate and efficient appropriate because it may require the Commission postal services,’’ section 3661(a), whenever the to hear evidence on the complaint prior to ruling 9 Douglas F. Carlson response to Postal Service Postal Service seeks to change the nature of a postal on the initial motion to dismiss. In many cases, reply to answer in opposition to motion to dismiss, service which will generally affect the service on a such a ruling may also be conclusive as to the filed January 7, 2001 (Carlson reply). nationwide or substantially nationwide basis. outcome of the complaint.
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or, as Carlson alleges, it has in fact belief that the service in question is not Commission’s Discretion on the Sunday instituted a de facto policy change in in accordance with the policies of the Service Issue the nature of a postal service. There is Act. The failure to obtain an advisory also disagreement as to the nationwide opinion, when required by section The Postal Service presents three or substantially nationwide 3661(b), indicates that the service in arguments for dismissing the Sunday applicability of Carlson’s allegations. In question might not be in accordance service section of the complaint that the the opinion of the Commission, Carlson with the policies of the Act. Once a Commission considers in exercising its has provided sufficient basis to make a party has demonstrated a proper basis discretion on whether to hear this colorable claim as to whether the Postal for bringing a complaint, the portion of the complaint. The Service Service should have requested an Commission is given discretion on states that more than 12 years have advisory opinion pursuant to section whether or not to hear the complaint. passed since it eliminated Sunday 3661(b). Because Carlson has made a The statute simply states: ‘‘The collections and outgoing mail colorable claim of a substantially Commission may in its discretion hold processing. Because such a long time nationwide change in service, the hearings on such complaint.’’ 39 U.S.C. has passed, the Postal Service argues Complaint is sustainable on this basis. 3662. that equity and laches dictate that the Carlson’s second argument, based on The Commission adopted a rule to Commission should exercise its the POM, attempts to establish a direct discretion and dismiss this part of the relationship between the POM and the guide it in determining when to apply its discretion to hold hearings, as complaint. Second, the Postal Service policies of the Act. To summarize, alleges that it acted reasonably under Carlson alleges that the provisions of the granted in section 3662, which states in part: the circumstances. The Service states POM flow from the policies of the Act. that it had to rapidly respond to the Therefore, if the Postal Service is not The Commission shall entertain only those requirements of the OBRA in a way that complaints which clearly raise an issue providing the level of service delineated would cause the least inconvenience to concerning whether or not rates or services in the POM, it is not providing the level the mailing public. Thus, an advisory of service required by the policies of the contravene the policies of the Act; thus, opinion would have been a meaningless Act. Separately for each service in complaints raising a question as to whether gesture. Therefore, this section of the question, he alleges that the Postal the Postal Service has properly applied its complaint should be dismissed. Finally, Service is not providing the level of existing rates and fees or mail classification service delineated in the POM. schedule to a particular mail user or with the Service argues that the complaint Therefore, he concludes, the Postal regard to an individual, localized, or should be dismissed because there is no Service is failing to provide the level of temporary service issue not on a substantially practical purpose to dredging up ancient service that the policies of the Act nationwide basis shall generally not be history. Answer at 14–16. require. The Postal Service argues that considered as properly raising a matter of Carlson succinctly states that the the provisions of the POM are not policy to be considered by the Commission. Postal Service has provided no legal necessarily commensurate with the 39 CFR 3001.82. This empowers the authority in support of its decision to policies of the Act. For this reason, Commission to entertain complaints bypass the requirements of section including the contention that Carlson raising rate and service issues that 3661(b). Carlson reply at 18. The did not allege that he was not receiving contravene the policies of title 39 and Commission agrees. Eliminating one out the services in question (discussed that have nationwide implications. The of the possible seven days for collection above), the Postal Service argues that Commission generally considers that the and mail processing reduces mail the Complaint should be dismissed. following types of complaints are not a service, and this appears to be a change Answer at 12. matter of policy that have nationwide in the nature of a postal service.12 The The Commission generally concurs implications and thus, will not be effect that this has had on postal with the Postal Service that various entertained: (1) Whether the Postal customers can only be speculated. The provisions of the POM may not Service has properly applied its existing level of service change has necessarily rise to the level of rates and fees or mail classification unquestionably occurred at the national interpreting or implementing a policy of schedule to a particular mail user, or (2) level. The statute does not provide for the Act. The significance of the POM in complaints with regard to an individual, exceptions to seeking an advisory relation to the policies of the Act can localized, or temporary service issue. opinion, and in fact contemplates that only be determined after examining the changes may be made before the section specific provisions of the POM and the Carlson’s allegations, if proven, 3661 proceeding is concluded. related policies of the Act, in certainly may rise to the level of clearly Therefore, the Commission must conjunction with the surrounding facts contravening the policies of title 39. The conclude that the Postal Service was of the allegation. The Commission is not level of service issues have substantially attempting to diminish the significance nationwide implications. The Sunday required, but failed, to seek an advisory of the POM, but only trying to put its service issue occurs on a nationwide opinion as required by section 3661(b) significance in proper perspective. and not on an individual, localized, or temporary basis. Finally, there is a 12 There is no bright line for determining when There are many instances where a reduction in collection and mail processing examining the POM could provide sufficient allegation that the holiday and service is a change in the nature of a postal service. valuable insight into the Postal Service’s holiday eve service issues may occur at A one out of seven day reduction appears to be a interpretation of a specific policy of the least on a substantially nationwide basis substantial reduction. However, the Commission Act. The Postal Service providing and are not localized or temporary in recognizes the possibility that the Postal Service might have been able to show that this reduction service inconsistent with provisions of nature. Rule 82 does not provide had only a minor impact on the actual nature of the the POM is not conclusive to answering sufficient cause to dismiss this postal service. A timely and properly instituted whether the Postal Service is providing complaint. However, the Commission section 3661(b) proceeding would have allowed for service inconsistent with the policies of will exercise its prerogative and public participation and the development of a record on the impact that this change would have the Act. examine other factors to determine on mailers. If the impact was more substantial than However, as described above, the whether to exercise discretion to hear first assumed by the Service, alternatives to comply Complainant demonstrates a reasonable various aspects of the instant complaint. with the OBRA could have been considered.
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prior to implementing this change in the relationship with the policies of the Act. confusing to the mailing public. level of Sunday service. Other provisions have varying degrees Complainant should be given the However, the Postal Service’s failure of significance. A determination of a opportunity to fully develop a record on to seek an advisory opinion is not the provision’s significance requires a this issue. Therefore, the Commission only consideration. The Commission thorough examination of the specific denies the Postal Service request to agrees with the Postal Service argument POM provision, the specific policy dismiss this portion of the complaint. that there is no practical benefit to requirement, and the surrounding facts Because the Commission has decided reviewing a policy change that occurred of the specific case. to hear this portion of this complaint, more than 12 years ago. There is little However, focusing on the POM, in the final section of section 3662 relevance in discussing the impact that this case, may do little more than provides direction as to the appropriate this service change would have on highlight inconsistencies between a course of action. It states, mailers, when mailers have been Postal Service document, and actual If a matter not covered by subchapter II of operating under this level of service for policy and practice. A more prudent this chapter is involved, and the Commission 13 more than 12 years. Carlson does not focus would be on the sufficiency of the after hearing finds the complaint to be allege any benefit to reinstituting 7-day Postal Service’s actual policies and justified, it shall render a public report a week collection and mail processing, practice. thereon to the Postal Service which shall take nor does he allege any detriment caused The POM is often useful to explain such action as it deems appropriate. how an actual Postal Service policy, by the current 6-day a week collection 39 U.S.C. 3662. This statement applies regulation or procedure relates to and mail processing service level. to all section 3662 issues that are not Furthermore, the Commission is not provisions of the Act. The POM may be related to permanent rates and aware of any timely anecdotal or mailer used as evidence of the Postal Service’s classifications. It directs the initiated discussions concerning the intent, interpretation or implementation Commission to hold hearings of an sufficiency of the current level of of that policy, regulation or procedure. unspecified degree of formality. See 39 service. For these reasons, the The Postal Service needlessly places CFR 3001.85–86. Section 3662 acts to Commission shall exercise its discretion itself in a precarious position when an limit the authority of the Commission to and grant the Postal Service motion to internal manual, such as the POM, and rendering a public report to the Postal dismiss in the area of Sunday service. the actual Postal Service policy or procedure, do not correspond. This may Service on its findings. Further, it Commission’s Discretion Concerning require the Postal Service to explain its allows the Postal Service the discretion the POM actual policy, regulation or procedure, to take such action as it deems Carlson makes a logical argument that and why the actual policy, regulation or appropriate on the findings in the relates the provisions contained in the procedure does not correspond to its public report. POM to the policy requirements of the written documentation. Although the Commission has agreed Act—up to a point. The persuasiveness to hear this portion of the complaint, it of the argument becomes weak in two Commission’s Discretion Concerning finds it necessary to frame the issues in areas. First, Carlson’s argument does not Holiday and Holiday Eve Service such a way to ensure that an adequate account for the relationship between the What remains of the instant complaint record will be developed. This is done Postal Service and the Commission. are the holiday and holiday eve service to increase the probability that a final This relationship is similar to a issues based on the Postal Service’s report will be beneficial to the Postal partnership. Each partner has explicit alleged failure to seek an advisory Service, the Complainant, and the responsibilities of their own, plus a vast opinion as required by section 3661(b). mailing public. area of responsibilities that both The determination that Carlson has at The Commission would like to partners share to some varying degree. least made a colorable claim that the determine whether current Postal The POM is a Postal Service generated Postal Service has violated section Service policy is clear, concise, and not and maintained document. It is an 3661(b) is discussed above. This deceptive to the mailing public. The ‘‘internal’’ document to the extent that allowed the section 3662 complaint to first issue that the Commission would the POM is used by the Postal Service proceed to this stage. The remaining like to resolve is whether postal to explain its policies, regulations or determination is whether the customers are adequately informed procedures to its employees.14 Commission will exercise its discretion when the Postal Service temporarily or Second, failure to follow a provision to hear this portion of the complaint. permanently modifies its holiday and of the POM is not per se conclusive in As a preliminary matter, the holiday eve collection and mail determining that the Postal Service has Commission considers whether the processing schedules. This includes the failed to follow a policy of the Act. Postal Service policy on holiday and issue of mail collections occurring prior There are provisions of the POM that holiday eve service levels is clear and to the time indicated on the collection may be very significant in relation to the understandable, or is it likely to cause receptacle. Accurately informing the policies of the Act. The procedure confusion to the mailing public. It may mailing public of Postal Service policy contained in Discontinuance of Post reasonably be argued that the policies of is important. The failure to accurately Offices, section 123.6, is an example of the Act include the requirement that the inform the public of a policy has the a provision that has a strong public be adequately and clearly potential to rise to a failure or denial to informed of what postal services are provide a particular service. 13 The passage of time may properly be available, and also of when existing The second issue is to determine the considered in exercising discretion to hear a service services are to be discontinued. At this actual Postal Service policy on holiday related complaint. In contrast, the passage of time would have considerably less influence on a rate- point in the proceeding, the and holiday eve collection and mail related complaint where the complainant alleged Commission does not have an adequate processing. This includes an that a rate is ‘‘illegal,’’ because the passage of time record describing the Postal Service examination of the Postal Service’s would be unlikely to cure the illegal rate. policy as to holiday and holiday eve alleged policy of ‘‘exceptions’’ or 14 The term ‘‘internal’’ is not meant to infer that the POM is in any way privileged, or cannot be service, and as to whether that policy ‘‘discretion’’ and whether the exception, used as evidence of a Postal Service policy, has recently been changed. The existing or frequent use of discretion, has regulation or procedure. policy may be ambiguous, and possibly effectively changed stated policy. The
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exceptions or discretion topic also any of the assigned personnel will SUMMARY OF THE APPLICATION: The should include exploration of what are participate in or provide advice on any requested order would permit certain the decision-making criteria, and at Commission decision in this registered management investment what levels are the decisions proceeding. The OCA shall be companies to invest uninvested cash in implemented at, i.e., national, regional, separately served with three copies of an affiliated money market fund in local, or facility specific. Discussion of all filings, in addition to and excess of the limits in sections all issues will be aided by developing a contemporaneous with, service on the 12(d)(1)(A) and (B) of the Act. record of the historical trends that have Commission of the 24 copies required occurred in holiday and holiday eve by rule 10(d). 39 CFR. 3001.10(d). APPLICANTS: Lindner Investments service levels. (‘‘Trust’’) and Linder Asset The Commission does not Ordering Paragraphs Management, Inc. (‘‘Adviser’’). It is ordered: contemplate consideration at this time FILING DATES: The application was filed 1. The unopposed Douglas F. Carlson of whether the level of holiday and on February 7, 2001 and amended on motion for extension of time to respond holiday eve service is adequate under March 9, 2001. section 3661(a). Carlson has not made a to Postal Service motion to dismiss, specific allegation that these service filed December 7, 2000, is granted. HEARING OR NOTIFICATION OF HEARING: An levels are not adequate. As with the 2. The unopposed motion of the order granting the application will be Sunday service issue, the Commission is United States Postal Service for leave to issued unless the Commission orders a not aware of any timely anecdotal or reply to Douglas F. Carlson answer in hearing. Interested persons may request mailer initiated discussions concerning opposition to Postal Service motion to a hearing by writing to the the sufficiency of the current level of dismiss, filed December 26, 2000, is Commission’s Secretary and serving service. However, the complainant will granted. applicant with a copy of the request, be given the opportunity to modify his 3. The motion to dismiss included personally or by mail. Hearing requests complaint and make this allegation if he with the answer of the United States should be received by the Commission is going to enter evidence in support of Postal Service and motion to dismiss, by 5:30 p.m. on April 16, 2001, and an allegation that holiday and holiday filed November 27, 2000, is granted in should be accompanied by proof of eve service levels are not adequate. This part, and denied in part, consistent with service on applicants, in the form of an opportunity is granted to curtail the the body of this ruling. affidavit or, for lawyers, a certificate of 4. The Carlson filing providing the possibility of a future complaint that service. Hearing requests should state information requested in the body of would necessarily cover much of the the nature of the writer’s interest, the this ruling concerning going forward same territory that will be covered in reason for the request, and the issues with this case is due by April 3, 2001. the instant complaint. contested. Persons who wish to be Other participants may respond The burden is on the complainant to notified of a hearing may request go forward with the case. The first regarding this filing by April 10, 2001. 5. Ted P. Gerarden, director of the notification by writing to the action that must occur is for the Commission’s Secretary. complainant to inform the Commission office of the consumer advocate, is of the time required to develop his case. designated to represent the general ADDRESSES: Secretary, Commission, 450 This includes several items. First, the public in this proceeding. Fifth Street, N.W., Washington, D.C. complainant shall inform the 6. The acting secretary shall arrange 20549–0609. Applicants, 7711 Commission if he is going to modify his for publication of this notice and order Carondelet, Suite 700, St. Louis, MO complaint, as stated above, and if so, the in the Federal Register. 63105. date when this filing will be made. By the Commission. Second, the complainant shall state the Steven W. Williams, FOR FURTHER INFORMATION CONTACT: Nadya, B. Roytblat, Assistant Director, number of days requested for discovery. Acting Secretary. at (202) 942–0693 (Division of Third, the complainant shall indicate [FR Doc. 01–7439 Filed 3–23–01; 8:45 am] Investment Management, Office of the nature of the presentation he expects BILLING CODE 7710–12–P to make in support of this complaint. Investment Company Regulation). The complainant shall provide the SUPPLEMENTARY INFORMATION: The Commission with the information SECURITIES AND EXCHANGE following is a summary of the requested by April 3, 2001. At this time, COMMISSION application. The complete application the complainant should submit any may be obtained for a fee at the other requests for time along with a [Investment Company Act Release No. 24895; 812–2440] Commission’s Public Reference Branch, description of the contemplated task. 450 Fifth Street, N.W., Washington, D.C. Other participants may respond Lindner Investments and Lindner 20549–0102 (tel. 202–942–8090). regarding this filing by April 10, 2001. Asset Management, Inc.; Notice of Applicant’s Representations Representation of the General Public Application 1. The Trust is a Massachusetts In conformance with 39 U.S.C. March 20, 2001. business trust registered under the Act 3624(a), the Commission designates Ted AGENCY: Securities and Exchange as an open-end management investment P. Gerarden, director of the Commission (‘‘Commission’’). Commission’s office of the consumer company. The Trust currently offers six ACTION: Notice of an application for an advocate (OCA), to represent the portfolios (together with any registered order under sections 6(c), 12(d)(1)(J), interests of the general public in this open-end management investment and 17(b) of the Investment Company proceeding. Pursuant to this company or series thereof that is Act of 1940 (the ‘‘Act’’) for exemption designation, Mr. Gerarden will direct advised by the Adviser, the ‘‘Funds’’), from sections 12(d)(1)(A) and (B) and the activities of Commission personnel including the Lindner Government 17(a) of the Act, and under section 17(d) assigned to assist him and, when Money Market Fund (together with any of the Act and rule 17d–1 under the Act requested, will supply their names for future Fund that is a money market fund to permit certain joint transactions. the record. Neither Mr. Gerarden nor and complies with rule 2a–7 under the
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Act, the ‘‘Money Market Fund’’).1 The company may sell its securities to 5. Section 17(b) of the Act authorizes Money Market Fund complies with rule another investment company if the sale the Commission to exempt a transaction 2a–7 under the Act. The Adviser is will cause the acquiring company to from section 17(a) if the terms of the registered as an investment adviser own more than 3% of the acquired proposed transaction, including the under the Investment Advisers Act of company’s voting stock, or if the sale consideration to be paid or received, are 1940.2 The Adviser serve as the will cause more than 10% of the reasonable and fair and do not involve investment adviser for the Funds. acquired company’s voting stock to be overreaching on the part of any person 2. Applicants state that each owned by investment companies. concerned, the proposed transaction is Participating Fund (as defined below) 2. Section 12(d)(1)(J) of the Act consistent with the policy of each has, or may be expected to have, cash provides that the Commission may investment company concerned, and the that has not been invested in portfolio exempt any person, security, transaction proposed transaction is consistent with securities (‘‘Uninvested Cash’’). from any provision of section 12(d)(1) if, the general purposes of the Act. Section Uninvested Cash may result from a and to the extent that, such exemption 6(c) of the Act permits the Commission variety of sources, including dividends is consistent with the public interest to exempt persons or transactions from or interest received on portfolio and the protection of investors. any provision of the Act if the securities, unsettled securities Applicants request relief under section exemption is necessary or appropriate transactions, strategic reserves, matured 12(d)(1)(J) from the limitations of in the public interest and consistent investments, proceeds from liquidation sections 12(d)(1)(A) and (B) to permit with the protection of investors and the of investment securities, dividend the Participating Funds to invest purposes fairly intended by the policy payments, or money received from Uninvested Cash in the Money Market and provisions of the Act. investors. A Fund that purchases shares Fund. 6. Applicants submit that their of the Money Market Fund is referred to 3. Applicants state that the proposed request for relief to permit the purchase as a Participating Fund. arrangement would not result in the and redemption of shares of the Money 3. Applicants request an order to abuses that sections 12(d)(1)(A) and (B) Market Fund by the Participating Funds satisfies the standards in sections 6(c) permit each of the Participating Funds were intended to prevent. Applicants and 17(b) of the Act. Applicants note to invest their Uninvested Cash in the state that because the Money Market that shares of the Money Market Fund Money Market Fund, and to permit the Fund will maintain a highly liquid will be purchased and redeemed at their Money Market Fund to sell shares to, portfolio, a Participating Fund will not net asset value, the same consideration and redeem shares from, the be in a position to gain undue influence paid and received for these shares by Participating Funds. Investments of over the Money Market Fund. any other shareholder. Applicants state Uninvested Cash in shares of the Money Applicants represent that the proposed that the Participating Funds will retain Market Fund will be made only to the arrangement will not result in an their ability to invest their Uninvested extent that such investment is inappropriate layering of fees because consistent with each Participating Cash directly in money market shares of the Money Market Fund sold instruments as authorized by their Fund’s investment restrictions and to the Participating Funds will not be policies as set forth in the Participating respective investment objectives and subject to a sales load, redemption fee, policies if they believe they can obtain Fund’s prospectus and statement of distribution fee under a plan adopted in additional information. Applicants state a higher rate of return, or for any other accordance with rule 12b–1 under the reason. Applicants also state that the that the proposed transactions may Act, or service fee (as defined in rule reduce transaction costs, create more Money Market Fund has the right to 2830(b)(9) of the National Association of discontinue selling shares to any of the liquidity, increase returns, and diversify Securities Dealers’ (‘‘NASD’’) Conduct holdings. Participating Funds if the Money Market Rules). Applicants represent in excess of Fund’s board of directors determines Applicants’ Legal Analysis the limitations contained in section that such sale would adversely affect its 12(d)(1)(A) of the Act. portfolio management or operations. 1. Section 12(d)(1)(A) of the Act 4. Section 17(a) of the Act makes it provides, in pertinent part, that no 7. Section 17(d) of the Act and rule unlawful for any affiliated person of a 17d–1 under the Act prohibit an registered investment company may registered investment company, or an acquire securities of another investment affiliated person of a registered affiliated person of such person, acting investment company, acting as company if such securities represent as principal, to sell or purchase any more than 3% of the acquired principal, from participating in or security to or from the company. effecting any company participates. company’s outstanding voting stock, Section 2(a)(3) of the Act defines an more than 5% of the acquiring Applicants state that each Participating ‘‘affiliated person’’ of an investment Fund, by purchasing shares of the company’s total assets, or if such company to include, among others, any securities, together with the securities of Money Market Fund, the Adviser, by person directly or indirectly controlling, managing the assets of the Participating other acquired investment companies, controlled by, or under common control represent more than 10% of the Funds investing in the Money Market with the investment company and any Fund, and the Money Market Fund, by acquiring company’s total assets. investment adviser to the investment selling shares to the Participating Section 12(d)(1)(B) of the Act, in company. Applicants state that, because Funds, could be deemed to be pertinent part, provides that no the Funds share a common board of participants in a joint enterprise or registered open-end investment directors, each Fund may be deemed to arrangement within the meaning of be under common control with each of section 17(d) of the Act and rule 17d– 1 Any future Fund that may rely on the order in the future will do so only in accordance with the the other Funds, and thus an affiliated 1 under the Act. terms and conditions of the application. person of each of the other Funds. As a 8. Rule 17d–1 permits the 2 For purposes of this application, the term result, section 17(a) would prohibit the Commission to approve a proposed joint ‘‘Adviser’’ includes, in addition to Lindner Asset sale of the shares of the Money Market transaction covered by the terms of Management, Inc., any other person controlling, controlled by or under common control with Fund to the Participating Funds, and the section 17(d) of the Act. In determining Lindner Asset Management, Inc. that acts in the redemption of the shares by the Money whether to approve a transaction, the future as an investment adviser to a Fund. Market Fund. Commission is to consider whether the
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proposed transaction is consistent with 4. Investment in shares of the Money responsibilities (except that such official the provisions, policies, and purposes of Market Fund will be in accordance with cannot both recommend and approve an the Act, and the extent to which the each Participating Fund’s respective action). participation is on a basis different from investment restrictions, if any, and will Dated: March 16, 2001. or less advantageous than that of other be consistent with each Participating John D. Whitmore, participants. Applicants submit that the Fund’s policies as set forth in the Acting Administrator. investment by the Participating Funds prospectus and statement of additional in shares of the Money Market Fund information. [FR Doc. 01–7438 Filed 3–23–01; 8:45 am] would be indistinguishable from any 5. Each Participation Fund and the BILLING CODE 8025–01–P other shareholder account maintained Money Market Fund that may rely on by the Money Market Fund and that the the order will be advised by the transactions will be consistent with the Adviser. SOCIAL SECURITY ADMINISTRATION Act. 6. The Money Market Fund will not acquire securities of any other Agency Information Collection Applicants’ Conditions investment company in excess of the Activities: Proposed Request, Applicants agree that any order limits contained in section 12(d)(1)(A) Comment Request and Notice of OMB granting the requested relief will be of the Act. Approval of an Information Collection Contained in a Regulation subject to the following conditions: For the Commission, by the Division of 1. Shares of the Money Market Fund Investment Management, pursuant to The Social Security Administration sold to and redeemed by the delegated authority. (SSA) publishes a list of information Participating Funds will not be subject Margaret H. McFarland, collection packages that will require to a sales load, redemption fee, Deputy Secretary. clearance by the Office of Management distribution fee under a plan adopted in [FR Doc. 01–7374 Filed 3–23–01; 8:45 am] and Budget (OMB) in compliance with accordance with rule 12b–1 under the BILLING CODE 8010–01–M P.L. 104–13 effective October 1, 1995, Act or a service fee (as defined in rule The Paperwork Reduction Act of 1995. 2830(b)(9) of the NASD Conduct Rules). SSA is soliciting comments on the 2. Before the next meeting of the SMALL BUSINESS ADMINISTRATION accuracy of the agency’s burden board of directors of the Participating estimate; the need for the information; Funds (‘‘Board’’) is held for purposes of Administrator’s Line of Succession its practical utility; ways to enhance its voting on an advisory contract under Designation, No. 1–A, Revision 24 quality, utility and clarity; and on ways section 15 of the Act, the Adviser will to minimize burden on respondents, provide the Board with specific This document replaces and including the use of automated information regarding the approximate supercedes ‘‘Line of Succession collection techniques or other forms of cost to the Adviser of, or portion of the Designation No. 1–A, Revision 23.’’ information technology. In addition, advisory fee under the existing advisory Line of Succession Designation No. 1– SSA is announcing OMB’s approval of contract attributable to, managing the A, Revision 24 an information collection contained in Uninvested Cash of the participating regulation. Effective immediately, the Fund that can be expected to be Written comments and Administrator’s Line of Succession invested in the Money Market Fund. recommendations regarding the Designation is as follows: Before approving any advisory contract information collection(s) should be (a) If I am absent from the office, I for a Participating Fund, the Board of submitted to the OMB Desk Officer and hereby designate the officials in listed the Participating Fund, including a the SSA Reports Clearance Officer at the order below to serve as Acting majority of the directors who are not following addresses: Administrator with full authority to ‘‘interested persons,’’ as defined in perform all acts and functions which the (OMB), Office of Management and section 2(a)(19) of the Act, shall Administrator is authorized to perform: Budget, Attn: Desk Officer for SSA, consider to what extent, if any, the (1) Acting Chief of Staff; New Executive Office Building, Room advisory fees charged to the (2) Acting Associate Deputy 10230, 725 17th St., NW, Washington, Participating Fund by the Adviser Administrator for Management and DC 20503 should be reduced to account for Administration; (SSA), Social Security Administration, reduced services provided to the Fund (3) Acting Associate Deputy DCFAM, Attn: Frederick W. by the Adviser as a result of Uninvested Administrator for Entrepreneurial Brickenkamp, 1–A–21 Operations Cash being invested in the Money Development; and Bldg., 6401 Security Blvd., Baltimore, Market Fund. The minute books of the (4) Acting General Counsel. MD 21235–6401 Participating Fund will record fully the (b) An individual serving in an acting I. The information collections listed Board’s consideration in approving the capacity in any of the positions listed in below will be submitted to OMB within advisory contract, including the paragraph (a) but not acting by 60 days from the date of this notice. considerations referred to above. designation of the Administrator is not Therefore, your comments should be 3. Each of the Participating Funds will also included in this Line of Succession. submitted to SSA within 60 days from invest Uninvested Cash in, and hold Instead, the next official on the list shall the date of this publication. You can shares of, the Money Market Fund only serve as Acting Administrator. obtain copies of the collection to the extent that the Participating (c) This designation shall remain in instruments by calling the SSA Reports Fund’s aggregate investment in the full force and effect until revoked or Clearance Officer at 410–965–4145, or Money Market Fund does not exceed 25 superceded in writing by the by writing to him at the address listed percent of the Participating Fund’s total Administrator. above. assets. For purposes of this limitation, (d) Serving as Acting Administrator 1. Waiver of Your Right to Personal each Participating Fund or series thereof has no effect on the officials listed in Appearance before an Administrative will be treated as a separate investment paragraph (a), above, with respect to Law Judge—0960–NEW. Each claimant company. their current authorities, duties and has a statutory right to appear in person
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(or through a representative) and whenever a hearing case will not be Frequency of Response: 1. present evidence about his/her claim at completed and forwarded to the hearing Average Burden Per Response: 30 a hearing before an Administrative Law unit as expected. This information is minutes. Judge (ALJ). If a claimant wishes to necessary to enable the hearing units to Estimated Annual Burden: 963 hours. waive his/her statutory right to appear schedule hearings as promptly and 9. Function Report, Child (Birth to 1st before an ALJ, he/she must complete a efficiently as possible. The respondents (form SSA–3375), Age 1 to 3rd (form written request. The claimant may use are State DDS and SSA components that SSA–3376), Age 3 to 6th (form SSA– Form HA–4608 for this request. The make disability determinations for the 3377), Age 6 to 12th (form SSA–3378), information collected is used to Agency. Age 12 to 18th (form SSA–3379) document an individual’s claim to show Number of Respondents: 100. Birthday)—0960–0542. State Agency that an oral hearing is not preferred in Frequency of Response: 1. adjudicative teams use the information the appellate process. The respondents Average Burden Per Response: 5 gathered on the appropriate version of are applicants for Social Security and minutes. these forms, in connection with other Supplemental Security Income benefits Estimated Annual Burden: 8 hours. medical function evidence, to form a who request a hearing. 6. Real Property Current Market Value complete picture of the child’s ability to Number of Respondents: 12,000. Estimate—0960–0471. This form is used function. This information assists with Frequency of Response: 1. to obtain current market value estimates determining whether a child is disabled, Average Burden Per Response: 2 of real property owned by applicants or each case in which disability cannot minutes. for, or beneficiaries of, Supplemental be found on medical grounds alone. The Estimated Annual Burden: 400 hours. Security Income (SSI) benefits (or a respondents are applicants for Title XVI 2. Request for Hearing—0960–0269. person whose resources are deemed to childhood disability benefits, and child The information collected on Form HA– such an individual). The value of an caregivers. 501 is used by the Social Security individual’s resources, including non- Number of Respondents: 750,000. Administration (SSA) to process a home real property is one of the Frequency of Response: 1. request for hearing on an unfavorable eligibility requirements for SSI benefits. Average Burden Per Response: 20 determination of entitlement or The respondents are individuals with minutes. eligibility to benefits administered by knowledge of local real property values. Estimated Annual Burden: 250,000 SSA. The respondents are individuals Number of Respondents: 5,438. hours. whose claims for benefits are denied Frequency of Response: 1. II. The information collections listed and who request a hearing on the Average Burden Per Response: 20 below have been submitted to OMB for denial. minutes. clearance. Your comments on the Number of Respondents: 553,400. Estimated Annual Burden: 1,813 information collections would be most Frequency of Response: 1. hours. useful if received by OMB and SSA Average Burden Per Response: 10 7. Information about Joint Checking/ within 30 days from the date of this minutes. Savings Account—0960–0461. Form publication. You can obtain a copy of Estimated Annual Burden: 92,233 SSA–2574 is used to collect information the OMB clearance packages by calling hours. from the claimant and the other account the SSA Reports Clearance Officer on 3. Student’s Statement Regarding holder(s) when a Supplemental Security (410) 965–4145, or by writing to him at Resumption of School Attendance— Income (SSI) applicant/recipient objects the address listed above. 0960–0143. The information on Form to the assumption that he/she owns all 1. Application for Retirement SSA–1386 is used by SSA to verify full- or part of the funds in a joint account Insurance Benefits—0960–0007. In time attendance at educational bearing his or her name. These order to receive Social Security institutions and to determine eligibility statements of ownership are required to retirement insurance benefits, an for student benefits. The respondents determine whether the account is a individual must file an application with are student beneficiaries currently resource of the SSI claimant. The the Social Security Administration receiving SSA benefits. respondents are applicants for and (SSA). The SSA–1 is one application Number of Respondents: 133,000. recipients of SSI payments and that the Commissioner of Social Frequency of Response: 1. individuals who are joint owners of Security prescribes to meet this Average Burden Per Response: 6 financial accounts with SSI applicants. requirement. The information that SSA minutes. Number of Respondents: 200,000. collects will be used to determine Estimated Annual Burden: 13,300 Frequency of Response: 1. entitlement to retirement benefits. The hours. Average Burden Per Response: 7 respondents are individuals who choose 4. Subpoena—Disability Hearing— minutes. apply for Social Security retirement 0960–0428. The information on Form Estimated Annual Burden: 23,333 insurance. SSA–1272–U4 is used by SSA to hours. Number of Respondents: 1,460,692. subpoena evidence or testimony needed 8. Response to Notice of Revised Frequency of Response: 1. at disability hearings. The respondents Determination—0960–0347. Form SSA– Average Burden Per Response: 10.5 are comprised of officers from Federal 765 is used by claimants to request a minutes. and State DDSs. disability hearing and/or to submit Estimated Annual Burden: 255,621 Number of Respondents: 36. additional evidence before a revised hours. Frequency of Response: 1. reconsideration determination is issued. 2. Notice Regarding Substitution of Average Burden Per Response: 30 The respondents are claimants who file Party Upon Death of Claimant—0960– minutes. for a disability hearing in response to a 0288. When a claimant for Social Estimated Average Burden: 18 hours. notice of revised determination for Security or Supplemental Security 5. Notification of Projected disability insurance and/or SSI under Income benefits dies while a request for Completion Date—0960–0429. Form titles II (Old-Age, Survivors and a hearing is pending, the hearing will be SSA–891 is used by SSA and State Disability Insurance) and XVI dismissed unless an eligible individual Disability Determination Services (DDS) (Supplemental Security Income). makes a written request to SSA showing to inform disability hearing units Number of Respondents: 1,925. that he or she would be adversely
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affected by the dismissal of the its representative payee services, SSA SSA–4514), and State Agency Schedule deceased’s claim. An individual may requires a closeout report on funds held of Equipment Purchased for SSA satisfy this requirement by completing on behalf of Social Security Disability Programs (form SSA–871)— an HA–539. SSA uses the information beneficiaries. SSA uses the information, 0960–0421. The Social Security collected to document the individual’s which is collected on form SSA–625, to Administration uses the information request to be made a substitute party for determine the proper disposition of any collected on forms SSA–4513 and 4514 a deceased claimant, and to make a conserved funds held by the to conduct detailed analysis and decision on whom, if anyone, should representative payee. The respondents evaluation of the costs incurred by the become a substitute party for the are State mental institutions or agencies State Disability Determination Services deceased. The respondents are that served as representative payees for (DDS) in making disability individuals requesting hearings on Social Security beneficiaries. determinations for SSA. The data is also behalf of deceased claimants for Social Number of Respondents: 8,000. used to determine funding levels for Security benefits. Frequency of Response: 1. each DDS. SSA uses the information Number of Respondents: 10,548. Average Burden Per Response: 15 collected on form SSA–871 to budget Frequency of Response: 1. minutes. and account for expenditures of funds Average Burden Per Response: 5 Estimated Annual Burden: 2,000. for equipment purchases by the State minutes. 4. State Agency Report of Obligations DDS that administer the disability Estimated Annual Burden: 879 hours. for SSA Disability Programs and determination program. The 3. Report by Former Representative Addendum (form SSA–4513), Time respondents are DDSs that have the Payee—0960–0112. When a State Report of Personnel Services for responsibility for making disability mental institution or agency terminates Disability Determination Services (form determinations for SSA.
Average Estimated Frequency of burden per annual Respondents response response burden (minutes) (hours)
SSA–4513 ...... 54 4 90 324 SSA–4514 ...... 54 4 90 324 SSA–871 ...... 54 4 30 108
Total burden ...... 756
5. Request for Earning and Benefit Estimated Annual Burden: 4,500 a Request for Reconsideration— Estimate Statement—0960–0466. Form hours. Disability Cessation. SSA–7004 is used by members of the 7. Request for Waiver of Overpayment Number of Respondents: 100,000. public to request information about Recovery or Change in Repayment Frequency of Response: 1. their Social Security earning records Notice—0960–0037. Form SSA–632 Average Burden Per Response: 30 and to get an estimate of their potential collects information on the minutes. benefits. SSA provides information, in circumstances surrounding Estimated Annual Burden: 50,000 response to the request, from the overpayment of Social Security Benefits hours. individual’s personal Social Security to recipients. SSA uses the information III. OMB has approved an information record. The respondents are Social to determine whether recovery of an collection published as a final rule at 65 Security numberholders who have overpayment amount can be waived or FR 66561. The OMB control number for covered earnings on record. must be repaid and, if repaid, how this information collection is 0960–0501 Number of Respondents: 3,000,000. recovery will be made. The respondents and the expiration date is February 29, Frequency of Response: 1. are recipients of Social Security, 2004. Average Burden Per Response: 5 Medicare, Black Lung or Supplemental Dated: March 15, 2001. minutes. Security Income overpayments. Number of Respondents: 500,000. Frederick W. Brickenkamp, Estimated Annual Burden: 250,000 Frequency of Response: 1. Reports Clearance Officer. hours. Average Burden Per Response: 120 [FR Doc. 01–6939 Filed 3–23–01; 8:45 am] 6. Certificate of Support—0960–0001. minutes. BILLING CODE 4191–02–P The information collected by form SSA– Estimated Annual Burden: 1,000,000 760–F4 is used to determine whether hours. the deceased worker provided one-half 8. Reconsideration Report for DEPARTMENT OF STATE support required for entitlement to Disability Cessation—0960–0350. Form parent’s or spouse’s benefits. The SSA–782–BK is used by claimants and [Public Notice: 3602] information will also be used to SSA field offices to document new 60-Day Notice of Proposed Information determine whether the Government developments on the claimant’s Collection: DS–71, Affidavit of pension offset would apply to the condition (as perceived by the Identifying Witness (Formerly: DSP– applicant’s benefit payments. The claimant), since the prior continuing 71) OMB # 1405–0088 respondents are parents of deceased disability interview was conducted. The workers or spouses who may be subject form is also used by the SSA AGENCY: U.S. Department of State. to Government pension offset. interviewer to provide his/her ACTION: Notice. Number of Respondents: 18,000. observations of the claimant. The Frequency of Response: 1. respondents are claimants for Old-Age, SUMMARY: The Department of State is Average Burden Per Response: 15 Survivors and Disability Insurance and seeking Office of Management and minutes. Supplemental Security Income, who file Budget (OMB) approval for the
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information collection described below. pursuant to P.L. 106–113 (H.R. 3194, SUPPLEMENTARY INFORMATION: Pickwick The purpose of this notice is to allow 60 Consolidated Appropriations Act, 2000), Reservoir is the fourth largest of 23 days for public comment in the Federal will meet on Tuesday, April 17, 2001, multipurpose reservoirs operated by Register preceding submission to OMB. in Room 600, 301 4th St., SW, TVA for navigation, flood control, This process is conducted in accordance Washington, D.C. from 9:30 a.m. to power production, recreation, and other with the Paperwork Reduction Act of 12:00 Noon. uses. Located on the Tennessee River, 1995. The Commission will discuss the the reservoir is 53 miles long and The following summarizes the Department’s exchange programs, extends through parts of four counties information collection proposal public diplomacy in the Far East, and in Alabama, Mississippi, and submitted to OMB: the Smith-Mundt Act. Tennessee. TVA originally acquired Type of Request: Regular— Members of the general public may 63,625 acres for reservoir construction. Reinstatement, with change, of a attend the meeting, though attendance Of that, 33,472 acres are covered by previously approved collection for of public members will be limited to the water during normal summer pool. which approval has expired. seating available. Access to the building Subsequent transfers of land by TVA for Originating Office: Bureau of Consular is controlled, and individual building economic, industrial, residential, or Affairs, CA/PPT/FO/FC. passes are required for all attendees. public recreation development have Title of Information Collection: Persons who plan to attend should resulted in a current balance of 17,400 Affidavit of Identifying Witness. contact David J. Kramer, Executive acres of TVA land on Pickwick Frequency: On Occasion. Director, at (202) 619–4463. Reservoir. TVA is considering updating Form Number: DS–71. a 1981 land allocation plan and Respondents: Individuals or Dated: March 19, 2001. allocating additional lands that were not Households. David J. Kramer, Estimated Number of Respondents: considered in the 1981 plan. Because of U.S. Advisory Commission on Public increasing development pressure, the 118,000. Dipomacy, U.S. Department of State. 1 current plan may not reflect current Average Hours Per Response: ⁄12 hr. [FR Doc. 01–7429 Filed 3–23–01; 8:45 am] (5 min.). demands for land and may need to be Total Estimated Burden: 9,833. BILLING CODE 4710–11–P updated to reflect community needs and Public comments are being solicited current TVA policies. to permit the agency to: TVA develops reservoir land • management plans to help in the Evaluate whether the proposed TENNESSEE VALLEY AUTHORITY information collection is necessary for management of reservoir properties in the proper performance of the functions Environmental Impact Statement— its custody. These plans allocate lands of the agency. Pickwick Reservoir Land Management to various categories of uses, which are • Evaluate the accuracy of the Plan, Colbert and Lauderdale Counties, then used to guide the types of activities agency’s estimate of the burden of the AL; Tishomingo County, MS; and that will be considered on each tract of proposed collection, including the Hardin County, TN land. By providing a clear statement of validity of the methodology and how TVA intends to manage land and assumptions used. AGENCY: Tennessee Valley Authority by identifying land for specific uses, • Enhance the quality, utility, and (TVA). TVA hopes to balance conflicting uses clarity of the information to be ACTION: Notice of intent. and facilitate decision making for use of collected. its land. Each plan is submitted for • Minimize the reporting burden on SUMMARY: This notice is provided in approval by the TVA Board of Directors those who are to respond, including accordance with the Council on and adopted as policy to provide for through the use of automated collection Environmental Quality’s regulations (40 long-term land stewardship and techniques or other forms of technology. CFR parts 1500 to 1508) and TVA’s accomplishment of TVA responsibilities FOR ADDITIONAL INFORMATION: Public procedures implementing the National under the 1933 TVA Act. Since 1999, comments, or requests for additional Environmental Policy Act. TVA will plans have been finalized for the information, regarding the collection prepare an Environmental Impact following reservoirs, Boone, Melton listed in this notice should be directed Statement (EIS) on alternatives for Hill, Tellico, and Tims Ford, all in to Margaret A. Dickson, CA/PPT/FO/FC, management of Pickwick Reservoir Tennessee. Plans are currently Department of State, 2401 E Street, NW, project lands in Colbert and Lauderdale underway for the four Bear Creek Room H904, Washington, D.C. 20522, Counties in Alabama, Tishomingo Reservoirs, Alabama, Cherokee and and at 202–663–2460. County in Mississippi, and Hardin Norris Reservoirs, Tennessee; and County in Tennessee. Guntersville Reservoir, Alabama and Dated: March 16, 2001. DATES: Comments on the scope of the Tennessee. Georgia Rogers, In developing the Pickwick plan, it is EIS should be received by June 1, 2001. Deputy Assistant Secretary, Bureau of anticipated that lands currently Consular Affairs, U.S. Department of State. ADDRESSES: Written comments should committed to a specific use would be [FR Doc. 01–7428 Filed 3–23–01; 8:45 am] be sent to Jon M. Loney, Manager, NEPA allocated to that current use unless there BILLING CODE 4710–06–P Administration, Environmental Policy is an overriding need to change. and Planning, Tennessee Valley Commitments include transfers, Authority, 400 West Summit Hill Drive, easements, leases, licenses, contracts, DEPARTMENT OF STATE Knoxville, Tennessee 37902–1499. utilities, outstanding land rights, or FOR FURTHER INFORMATION CONTACT: developed recreation areas. All lands Public Notice #: 3604 Harold M. Draper, NEPA Specialist, under TVA control would be allocated Advisory Commission on Public Environmental Policy and Planning, in the planning process. Alternative Diplomacy; Notice of Meeting Tennessee Valley Authority, 400 West approaches to land allocation would be Summit Hill Drive, WT 8C, Knoxville, analyzed in the EIS. The No Action The U.S. Advisory Commission on Tennessee 37902–1499; telephone (865) alternative would continue to rely on Public Diplomacy, reauthorized 632–6889 or e-mail [email protected] the existing 1981 Pickwick Reservoir
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Land Management Plan. The 1981 plan • Friday, April 6, 2001, 6 to 8 p.m. CST, SUPPLEMENTARY INFORMATION: The GSP allocates land into 16 categories, Pickwick Landing State Park, program is authorized pursuant to Title including natural areas, forest and Pickwick Dam, Tennessee. V of the Trade Act of 1974, as amended wildlife management, recreation, and • Thursday, April 12, 2001, 6 to 8 p.m. (‘‘the Trade Act’’) (19 U.S.C. 2461 et industrial sites. The action alternatives CST, Environmental Research Center seq.). The GSP program grants duty-free would address options for allocating Auditorium, TVA Reservation, treatment to designated eligible articles reservoir lands into seven land use Muscle Shoals, Alabama; that are imported from designated zones. It is anticipated that the majority Upon consideration of the scoping beneficiary developing countries. Once of the lands would be allocated to comments, TVA will develop granted, GSP benefits may be natural resource management and alternatives and identify important withdrawn, suspended or limited by the sensitive resource protection categories. environmental issues to be addressed in President with respect to any article or However, existing uses would be the EIS. Following analysis of the with respect to any country. In making grandfathered by allocating small environmental consequences of each this determination, the President must acreages to industrial and commercial alternative, TVA will prepare a draft EIS consider several factors, one of which is development, recreation, and residential for public review and comment, and the extent to which a beneficiary access. distribute it to commenting agencies country is providing adequate and This EIS will tier from TVA’s Final and the public. Notice of availability of effective protection of intellectual EIS, Shoreline Management Initiative: the draft EIS will be published in the property rights (IPR) (19 U.S.C. An Assessment of Residential Shoreline Federal Register. Any meetings that are 2462(c)(5)). Ukraine is a beneficiary of Development Impacts in the Tennessee scheduled to receive comments on the the GSP. In 2000, over $40 million of Valley (November 1998). That EIS draft EIS will be announced by TVA. Ukraine’s exports to the United States evaluated alternative policies for benefited from GSP. The Annex to this Dated: March 20, 2001. Notice lists products currently being managing residential uses along TVA’s Kathryn J. Jackson, reservoir system, including Pickwick imported under GSP from Ukraine. Executive Vice President, River System Reservoir. Operations & Environment. I. Suspension of GSP Benefits for Ukraine This notice publishes the intent of [FR Doc. 01–7451 Filed 3–23–01; 8:45 am] TVA to prepare an EIS for the Pickwick BILLING CODE 8120–08–U In June 1999, the International Reservoir Land Management Plan. TVA Intellectual Property Alliance filed a anticipates that the EIS will include petition for remedial action under the discussion of the potential effects of GSP program alleging that Ukraine had alternatives on the following resources OFFICE OF THE UNITED STATES failed to provide adequate and effective and issue areas: aquatic ecology, water TRADE REPRESENTATIVE copyright protection and enforcement to quality, wetlands, terrestrial ecology, U.S. copyright owners. The petition Generalized System of Preferences cultural resources, noise, recreation, dealt primarily with the massive (GSP); Intellectual Property Rights; visual resources, threatened and production and export of unauthorized endangered species, and navigation. Deadline for Submitting Public compact discs (CDs) in Ukraine, which Other issues which may be discussed, Comments on the Suspension of began after similar operations in depending on the potential impacts of Ukraine, in Whole or in Part, From Bulgaria were closed in 1999. For over the alternatives, include floodplains, Eligibility as a GSP Beneficiary two years the U.S. Government has been prime farmland, and air quality. Country urging the Ukrainian Government to close down unauthorized CD Public Participation AGENCY: Office of the United States Trade Representative (USTR). production facilities and enact TVA is interested in receiving legislation to adequately protect ACTION: Request for public comment. comments on the scope of issues to be copyrights. The Ukraine Government to addressed in the EIS. The participation DATES: Final date for comments is April date has been unwilling to curtail the of affected Federal, state, and local 25, 2001. activities of these unauthorized agencies and Indian tribes, as well as SUMMARY: This notice informs the public facilities. Ukraine has now been other interested persons is invited. that the U.S. Government is considering designated a ‘‘Priority Country’’ under Further, pursuant to the National whether to suspend, in whole or in part, the ‘‘special 301’’ provision of the Trade Historic Preservation Act, TVA is duty-free treatment accorded to imports Act. The separate GSP review of interested in receiving comments on the from Ukraine under the U.S. GSP Ukraine has been ongoing since 1999. In potential of the proposed land program on the ground that Ukraine has light of the ‘‘Priority Country’’ allocation plan to affect historic not taken sufficient steps to protect designation, the U.S. Government is properties. Written comments on the intellectual property rights and sets now considering the suspension of scope of the EIS should be received on forth the deadline for submitting Ukraine’s GSP benefits. or before June 1, 2001. comments on products that could be A. Opportunity for Public Comment Comments may also be provided in an affected. oral or written format at one of the This notice solicits public comments FOR FURTHER INFORMATION CONTACT: following public meetings: GSP on whether it is appropriate to suspend Subcommittee, Office of the United GSP benefits for Ukraine as well as the • Thursday, March 29, 2001, 6 to 8 p.m. States Trade Representative, USTR effect such suspension would have on CST, Tishomingo County High Annex, 1724 ‘‘F’’ Street, NW., Room Ukraine’s exports to the United States. School, U.S. 72 West, Iuka, F220, Washington, DC 20508 (Tel. 202/ All written comments should be Mississippi; 395–6971). Public versions of all addressed to: GSP Subcommittee, Office • Tuesday, April 3, 2001, 6 to 8 p.m. documents relating to this review are of the U.S. Trade Representative, CST, Adams Mark Hotel, 939 Ridge available for public inspection by Annex, 1724 F Street, NW., Room 217, Lake Boulevard (Interstate 240 at appointment in the USTR public Washington, DC 20508. All submissions Poplar Street), Memphis, Tennessee; reading room (Tel. 202/395–6186). must be in English and should conform
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to the information requirements of 15 reading room, except for information ‘‘confidential’’ at the top and bottom of CFR 2007. A party must provide submitted in confidence pursuant to 15 each page of the document. The version fourteen copies of its comments which CFR 2007.7. If the document contains that does not contain confidential must be received by the Chairman of the business confidential information, an information (the public version) should GSP Subcommittee no later than 5 p.m., original and fourteen (14) copies of a also be clearly marked at the top and Wednesday, April 25, 2001. Comments public version of the submission along bottom of every page (either ‘‘public received after the deadline will not be with an original and fourteen (14) version’’ or ‘‘nonconfidential’’). accepted. copies of the confidential version must Jon Rosenbaum, Information submitted will be subject be submitted. In addition, any to public inspection by appointment document containing confidential Assistant USTR for Trade and Development. with the staff of the USTR public information should be clearly marked BILLING CODE 3190–01–M
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[FR Doc. 01–7521 Filed 3–23–01; 8:45 am] BILLING CODE 3190–01–C
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DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Office of the Secretary Office of the Secretary Federal Aviation Administration Aviation Proceedings, Agreements Notice of Applications for Certificates Agency Information Collection Activity Filed During the Week Ending March of Public Convenience and Necessity Under OMB Review 16, 2001 and Foreign Air Carrier Permits Filed AGENCY: Under Subpart B (Formerly Subpart Q) Federal Aviation The following Agreements were filed During the Week Ending March 16, Administration (FAA), DOT. with the Department of Transportation 2001 ACTION: Notice. under the provisions of 49 U.S.C. SUMMARY: In compliance with the Sections 412 and 414. Answers may be The following Applications for Paperwork Reduction Act of 1995 (44 filed within 21 days after the filing of Certificates of Public Convenience and U.S.C. 3501 et seq.), this notice the application. Necessity and Foreign Air Carrier announces that the Information Permits were filed under Subpart B Docket Number: OST–2001–9133. Collection Request (ICR) abstracted (formerly Subpart Q) of the Department Date Filed: March 12, 2001. below has been forwarded to the Office of Transportation’s Procedural Parties: Members of the International of Management and Budget (OMB) as a Regulations (See 14 CFR 301.201 et. Air Transport Association. request for review and approval. The seq.). The due date for Answers, Subject: ICR describes the nature of the Conforming Applications, or Motions to PTC2 AFR 0101 dated March 2, 2001 information collection and the expected Modify Scope are set forth below for TC2 Within Africa Resolutions r1–r27 burden. The Federal Register Notice each application. Following the Answer allowing for a 60-day comment period Minutes—PTC2 AFR 0102 dated period DOT may process the application on the collection of information was March 9, 2001 by expedited procedures. Such published on 12/28/2000, page 82453– Tables—PTC2 AFR FARES 0039 procedures may consist of the adoption 82454. dated March 9, 2001 of a show-cause order, a tentative order, TC2 Within Africa Specified Fares or in appropriate cases a final order DATES: Comments must be submitted on Tables without further proceedings. or before April 25, 2001. A comment to OMB is most effective if OMB receives Intended effective date: May 1, 2001. Docket Number: OST–2001–9181. it within 30 days of publication. Docket Number: OST–2001–9170. Date Filed: March 15, 2001. Date Filed: March 13, 2001. FOR FURTHER INFORMATION CONTACT: Judy Due Date for Answers, Conforming Street on (202) 267–9895. Parties: Members of the International Applications, or Motion to Modify SUPPLEMENTARY INFORMATION: Air Transport Association. Scope: April 5, 2001. Subject: Description: Application of C&L, Inc. Federal Aviation Administration (FAA) PTC2 EUR–AFR 0130 dated March 9, d/b/a Homer Air pursuant to 49 U.S.C. Title: Noise Levels for U.S. 2001 41102, and Subpart Q, requesting a Certificated and Foreign Aircraft; TC2 Europe-Africa Resolutions r1–r42 Certificate of Public Convenience and Estimated Airplane Noise Levels in A- Minutes—PTC2 EUR–AFR 0131 dated Necessity to engage in interstate Weighted Decibels. March 13, 2001 scheduled air transportation of persons, Type of Request: New request. Tables—PTC2 EUR–AFR FARES 0087 property, and mail: between any point OMB Control Number: 2120–XXXX. dated March 13, 2001 in any State in the United States or Form(s): N/A. Intended effective date: 1 May 2001. District of Columbia, or any Territory or Affected Public: An estimated 50 Docket Number: OST–2001–9176. Possession of the United States, and any aircraft manufacturers/modifiers. Abstract: The FAA proposes to collect Date Filed: March 14, 2001. other point in any State of the United States or the District of Columbia, or any current data from aircraft manufacturers Parties: Members of the International (or modifiers) to update the two AC’s. Air Transport Association. Territory or Possession of the United States. The following will be the method used. Subject: First, a draft revision to AC 36–1G and PTC12 SATL–EUR 0071 dated Docket Number: OST–1999–5140. AC 36–3G containing information that February 9, 2001 Date Filed: March 16, 2001. resides within the FAA will be South Atlantic-Europe Resolutions Due Date for Answers, Conforming produced. The draft AC’s will then be r1–r14 Applications, or Motion to Modify sent to each aircraft manufacturer and PTC12 SATL–EUR 0072 dated Scope: April 6, 2001. modifier advising them that the February 13, 2001 Description: Application of Arrow Advisory Circulars are being updated South Atlantic-Europe Resolutions Air, Inc., requesting (1) renewal for an and asking them to (1) review the draft r15–r16 unlimited term of Certificate Authority, AC’s for consistency with the aircraft Minutes—PTC12 SATL–EUR 0073 last re-issued by Order 2000–8–5, manufacturer’s (or modifier’s) records, dated March 13, 2001 authorizing U.S.-Peru scheduled all- and (2) provide any additions or Tables—PTC12 SATL–EUR FARES cargo services; and (2) Amendment of corrections to the information in the 0021 dated February 13, 2001 this Certificate Authority to reflect the draft AC’s. PTC12 SATL–EUR FARES 0022 dated broader authority now afforded the Estimated Annual Burden Hours: 875 February 13, 2001 carriers of both Peru and the U.S. under hours one time. Intended effective date: April 1, 2001. the 1998 Air Transport Agreement. ADDRESSES: Send comments to the Office of Information and Regulatory Dorothy Y. Beard, Dorothy Y. Beard, Affairs, Office of Management and Federal Register Liaison. Federal Register Liaison. Budget, 725 17th Street, NW., [FR Doc. 01–7427 Filed 3–23–01; 8:45 am] [FR Doc. 01–7426 Filed 3–23–01; 8:45 am] Washington, DC 20503, Attention FAA BILLING CODE 4910–62–P BILLING CODE 4910–62–P Desk Officer.
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Comments are invited on: Whether Inc., at (202) 833–9339 (phone), (202) DATES: Comments must be received on the proposed collection of information 833–9434 (facsimile). or before April 25, 2001. is necessary for the proper performance Issued in Washington, DC on March 20, ADDRESSES: Comments on this of the functions of the Department, 2001. application may be mailed or delivered including whether the information will Janice L. Peters, in triplicate to the FAA at the following have practical utility; the accuracy of Designated Official. address: Orlando Airports District the Department’s estimate of the burden [FR Doc. 01–7422 Filed 3–23–01; 8:45 am] Office; 5950 Hazeltine National Drive; of the proposed information collection; Suite 400; Orlando, Florida 32822. BILLING CODE 4910–13–M ways to enhance the quality, utility and In addition, one copy of any clarity of the information to be comments submitted to the FAA must collected; and ways to minimize the DEPARTMENT OF TRANSPORTATION be mailed or delivered to Mr. James C. burden of the collection of information Johnson, Executive Director of the on respondents, including the use of Federal Aviation Administration Melbourne Airport Authority at the automated collection techniques or following address: Melbourne Airport other forms of information technology. RTCA, Inc.; RTCA Government/ Authority; One Air Terminal Parkway, Issued in Washington, DC, on March 20, Industry Free Flight Steering Suite 220; Post Office Box 1330; 2001. Committee Melbourne, Florida 32902–1330. Air carriers and foreign air carriers Steve Hopkins, Cancellation Manager, Standards and Information may submit copies of written comments Division, APF–100. The April 2–6 RTCA Government/ previously provided to the Melbourne [FR Doc. 01–7425 Filed 3–23–01; 8:45 am] Industry Free Flight Steering Committee Airport Authority under § 158.23 of part 158. BILLING CODE 4910–13–M meeting announced in the Federal Register, 66 FR 15316 (Thursday, March FOR FURTHER INFORMATION CONTACT: 16, 2001), second column, has been Armando L. Rovira, Program Manager, DEPARTMENT OF TRANSPORTATION canceled. It was submitted in error and Orlando Airports District Office; 5950 should have announced RTCA Special Hazeltine National Drive, Suite 400; Federal Aviation Administration Committee (SC)–193/EUROCAE Orlando, Florida 32822; Phone: (407) Working Group 44 meeting in Brussels, 812–6331 Ext. 31. The application may RTCA, Inc.; RTCA Special Committee Belgium. A new notice for SC–193 will be reviewed in person at this same 193/EUROCAE Working Group 44 be published. location. Persons wishing to obtain further Pursuant to section 10(a)(2) of the SUPPLEMENTARY INFORMATION: The FAA information should contact RTCA at Federal Advisory Committee Act (Pub. proposes to rule and invites public (202) 833–9339 (phone), (202) 833–9434 L. 92–463, 5 U.S.C., Appendix 2), notice comment on the application to impose (fax), or [email protected] (e-mail). is hereby given for an RTCA Special and use the revenue from a PFC at Committee 193/EUROCAE Working Issued in Washington, DC, on March 20, Melbourne International Airport under Group 44 meeting to be held April 2– 2001. the provisions of the Aviation Safety 6, 2001, starting at 9 a.m. The meeting Janice L. Peters, and Capacity Expansion Act of 1990 will be held at EUROCONTROL, Rue de Designated Official. (Title IX of the Omnibus Budget la Fusee, 96, B–1130, Brussels, Belgium. [FR Doc. 01–7423 Filed 3–23–01; 8:45 am] Reconciliation Act of 1990) (Pub. L. 101–508) and Part 158 of the Federal The agenda will include: April 2: BILLING CODE 4910–13–M Plenary Session: (1) Welcome and Aviation Regulations (14 CFR part 158). On March 8, 2001, the FAA Introductory Remarks; (2) Review determined that the application to Agenda; (3) Review Previous Meeting DEPARTMENT OF TRANSPORTATION impose and use the revenue from a PFC Minutes; (4) Presentations; (5) Sub- Federal Aviation Administration submitted by Melbourne Airport group (SG)–2 (Terrain and Obstacle Authority was substantially complete Databases); (a) Review Previous Meeting Notice of Intent To Rule on Application within the requirements of § 158.25 of Minutes; (b) Review Actions of Previous To Impose and Use the Revenue From part 158. The FAA will approve or Meeting; (c) Presentations; (d) Review a Passenger Facility Charge (PFC) at disapprove the application, in whole or Draft Document; April 3: (6) Continue Melbourne International Airport, in part, no later than July 3, 2001. Sub-group (SG)–2; April 4: (7) Sub- Melbourne, FL The following is a brief overview of group (SG)–3 (Airport Databases); (e) the application. Review Previous Meeting Minutes; (f) AGENCY: Federal Aviation PFC Application No.: 01–05–C–00– Review Actions of Previous Meeting; (g) Administration (FAA), DOT. MLB. Presentations; (h) Review Draft ACTION: Notice of intent to rule on Level of the proposed PFC: $3.00. Document; April 5: (8) Continued SG– application. Proposed charge effective date: 3 Discussion; April 6: Closing Plenary September 1, 2001. Session: (9) Review Summary of SG–2 SUMMARY: The FAA proposes to rule and Proposed charge expiration date: and SG–3 (10) Assign Task; (11) Other invites public comment on the April 1, 2003. Business; (12) Date and Location of Next application to impose and use the Total estimated net PFC revenue: Meeting; (13) Closing. revenue from a PFC at Melbourne $1,193,528. Attendance is open to the interested International Airport under the Brief description of proposed public but limited to space availability. provisions of the Aviation Safety and project(s): With the approval of the co-chairmen, Capacity Expansion Act of 1990 (Title Extend Runway 9R/27L (700′ × 150′) members of the public may present oral IX of the Omnibus Budget Interior Service Road, Phase 1 statements at the meeting. Persons Reconciliation Act of 1990) (Pub. L. Acquire Aircraft Loading Bridge wishing to present statements or obtain 101–508) and part 158 of the Federal Wetland Inventory & Mitigation Plan information should contact the RTCA, Aviation Regulations (14 CFR part 158). Environmental Permitting
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Acquire Flight Information Display Office of Federal Register’s home page (Catalog of Federal Domestic Assistance System at: http://www.nara.gov/fedreg and the Program Number 20.205, Highway Auxiliary Passenger Departure Lounge Government Printing Offices’ database Planning and Construction. The Class or classes of air carriers which at: http://www.access.gpo.gov/nara. regulations implementing Executive Order 12372 regarding the public agency has requested not be Background required to collect PFCs: Air Taxi/ intergovernmental consultation on Commercial Operators (ATCO). The FHWA, in cooperation with the Federal programs and activities apply to Any person may inspect the Wisconsin Department of this program) Transportation, will prepare a Draft application in person at the FAA office Authority: 23 U.S.C. 315; 49 CFR 1.48. listed above under FOR FURTHER Environmental Impact Statement (EIS) INFORMATION CONTACT. on a proposal to provide safety, Issued on: March 14, 2001. In addition, any person may, upon operational and capacity improvements Richard C. Madrzak, request, inspect the application, notice on an approximate 21 kilometers (13 Field Operations Engineer, Federal Highway and other documents germane to the miles) section of STH 83 between CTH Administration, Madison, Wisconsin. application in person at the Melbourne ‘‘NN’’ at the north limits of the Village [FR Doc. 01–7331 Filed 3–23–01; 8:45 am] Airport Authority. of Mukwonago and the vicinity of IH– BILLING CODE 4910–22–M 94 in Waukesha County. The proposal is Issued in Orlando, Florida on March 20, 2001. being considered to addresses existing and future transportation demand on W. Dean Stringer, DEPARTMENT OF THE TREASURY STH 83 (as identified in the 2020 Manager, Orlando Airports District Office, Regional Transportation System Plan for Southern Region. Internal Revenue Service Southeastern Wisconsin), to improve [FR Doc. 01–7424 Filed 3–23–01; 8:45 am] safety, and to preserve land for future Proposed Collection; Comment BILLING CODE 4910–13–M transportation improvements. The Request for Form 8833 environmental impact statement will evaluate the social, economic and AGENCY: Internal Revenue Service (IRS), DEPARTMENT OF TRANSPORTATION environmental impacts of alternatives, Treasury. Federal Highway Administration including: (1) No build, (2) ACTION: Notice and request for improvements within the existing comments. Environmental Impact Statement: highway corridor, and (3) improvements SUMMARY: Waukesha County, Wisconsin on new location. The Department of the Information describing the proposed Treasury, as part of its continuing effort AGENCY: Federal Highway action and soliciting comments will be to reduce paperwork and respondent Administration (FHWA), DOT. sent to appropriate Federal, State and burden, invites the general public and ACTION: Notice of intent. local agencies and to private agencies other Federal agencies to take this and to private organizations and citizens opportunity to comment on proposed SUMMARY: The FHWA is issuing this who have expressed, or are known to and/or continuing information notice to advise the pubic that an have an interest in this proposal. A collections, as required by the environmental impact statement will be project advisory committee comprised Paperwork Reduction Act of 1995, prepared for transportation of Federal and State agencies, local Public Law 104–13 (44 U.S.C. improvements in the State Trunk officials, environmental, and other 3506(c)(2)(A)). Currently, the IRS is Highway (STH) 83 corridor between community interests will be established soliciting comments concerning Form County Trunk Highway (CTH) ‘‘NN’’ at to provide input during development 8833, Treaty-Based Return Position the north limits of the Village of and refinement of alternatives and Disclosure Under Section 6114 or Mukwonago and Interstate Highway 94 impact evaluation activities. Public 7701(b). (IH–94) in Waukesha County, meetings and other forums will be held Wisconsin. DATES: Written comments should be to solicit comments from citizens and received on or before May 25, 2001 to FOR FURTHER INFORMATION CONTACT: Mr. interest groups. In addition, a public be assured of consideration. Richard C. Madrzak, Field Operations hearing will be held. Public notice will ADDRESSES: Direct all written comments Engineer, Federal Highway be given of the time and place of the to Garrick R. Shear, Internal Revenue Administration, 567 D’Onofrio Drive, meetings and hearing. The draft EIS will Service, room 5244, 1111 Constitution Madison, Wisconsin 53719–2814; be available for public and agency Avenue NW., Washington, DC 20224. telephone: (608) 829–7510. You may review and comment prior to the public also contact Ms. Carol Cutshall, hearing. Agencies having an interest in FOR FURTHER INFORMATION CONTACT: Director, Bureau of Environment, or jurisdiction regarding the proposed Requests for additional information or Wisconsin Department of action will be contacted through copies of the form and instructions Transportation, P.O. Box 7965, interagency coordination meetings and should be directed to Larnice Mack, Madison, Wisconsin, 53707–7965; mailings. (202) 622–3179, Internal Revenue telephone: (608) 266–9626. To ensure that the full range of issues Service, room 5244, 1111 Constitution SUPPLEMENTARY INFORMATION: related to this proposed action are Avenue NW., Washington, DC 20224. addressed, and all substantive issues are SUPPLEMENTARY INFORMATION: Electronic Access identified, comments and suggestions Title: Treaty-Based return Position An electronic copy of this document are invited from all interested parties. Disclosure Under Section 6114 or may be downloaded by using a Comments or questions concerning this 7701(b). computer, modem and suitable proposed action and the EIS should be OMB Number: 1545–1354. communications software from the directed to FHWA or the Wisconsin Form Number: Form 8833. Government Printing Offices’ Electronic Department of Transportation at the Abstract: Taxpayers who are required Bulletin Board Service at (202) 512– addresses provided in the caption FOR by Internal Revenue Code section 6114 1661. Internet users may reach the FURTHER INFORMATION CONTACT to disclose a treaty-based return position
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use Form 8833 to disclose that position. DEPARTMENT OF THE TREASURY ACTION: Delegation of Authority. The form may also be used to make the treaty-based return position disclosure Internal Revenue Service SUMMARY: Pre-filing Agreements for required by regulation § 301.7701(b)– Large and Mid-Size Business Taxpayers. 7(b) for ‘‘dual resident’’ taxpayers. Open Meeting of Citizen Advocacy Panel, Brooklyn District EFFECTIVE DATE: March 3, 2001. Current Actions: There are no changes being made to the form at this time. AGENCY: Internal Revenue Service (IRS), FOR FURTHER INFORMATION CONTACT: Type of Review: Extension of a Treasury. Gerald W. Reese, Director, Pre-Filing & currently approved collection. ACTION: Notice. Technical Guidance, Large and Mid- Affected Public: Business or other for- Size Business, LM:PFT, IRS, New Mint SUMMARY: An open meeting of the Bldg, M–3–425, 1111 Constitution Ave, profit organizations and individual or Brooklyn District Citizen Advocacy NW., Washington DC 20224, (202) 283– households. Panel will be held in Brooklyn, New Estimated Number of Respondents: York. 8280 (not a toll-free call), 6,000. [email protected] DATES: The meeting will be held Estimated Time Per Respondent: 6 Thursday, April 26, 2001. Order Number 262 (Rev. 1) Hours, 25 minutes. FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Burden Pre-filing Agreements for Large and Eileen Cain at 1–888–912–1227 or 718– Mid-Size Business Taxpayers Hours: 38,460. 488–3555. The following paragraph applies to all SUPPLEMENTARY INFORMATION: Notice is Summary: The authority of the of the collections of information covered hereby given pursuant to Section Commissioner of Internal Revenue to by this notice: 10(a)(2) of the Federal Advisory enter into a written agreement with any An agency may not conduct or Committee Act, 5 U.S.C. App. (1988) person relating to that person’s liability sponsor, and a person is not required to that an operational meeting of the for any Internal Revenue tax for any respond to, a collection of information Citizen Advocacy Panel will be held taxable period ending prior to or unless the collection of information Thursday, April 26, 2001, 6:00 p.m. to subsequent to the date of such displays a valid OMB control number. 9:20 p.m. at the Internal Revenue agreement is delegated as described Books or records relating to a collection Service Brooklyn Building located at below. of information must be retained as long 625 Fulton Street, Brooklyn, NY 11201. as their contents may become material For more information or to confirm Authority: To enter into and approve in the administration of any internal attendance, notification of intent to pre-filing agreements, which are revenue law. Generally, tax returns and attend the meeting must be made with described in Rev. Proc. 2001–22 (and tax return information are confidential, Eileen Cain. Mrs. Cain can be reached any successor Revenue Procedure), and as required by 26 U.S.C. 6103. at 1–888–912–1227 or 718–488–3555. to enter into and approve agreements The public is invited to make oral remaining in process under Notice Request for Comments comments from 8:30 p.m. to 9:20 p.m. 2000–12, if any. This does not include Comments submitted in response to on Thursday, April 26, 2001. the authority to set aside any pre-filing this notice will be summarized and/or Individual comments will be limited agreement. included in the request for OMB to 5 minutes. If you would like to have the CAP consider a written statement, Delegated to: Commissioner and approval. All comments will become a Deputy Commissioner, Large and Mid- matter of public record. Comments are please call 1–888–912–1227 or 718– Size Business (LMSB); LMSB Industry invited on: (a) Whether the collection of 488–3555, or write Eileen Cain, CAP Directors; and LMSB Directors of Field information is necessary for the proper Office, P.O. Box R, Brooklyn, NY 11201. performance of the functions of the The Agenda will include the following: Operations. agency, including whether the various IRS issues. Redelegation: This authority shall not information shall have practical utility; Note: Last minute changes to the agenda be redelegated. (b) the accuracy of the agency’s estimate are possible and could prevent effective advance notice. Sources of Authority: 26 CFR of the burden of the collection of 301.7121–1(a). information; (c) ways to enhance the Dated: March 20, 2001. This order supersedes Delegation quality, utility, and clarity of the Cathy VanHorn, information to be collected; (d) ways to Order 262 effective February 10, 2000 Director, Citizen Advocacy Panel (CAP), (as amended). To the extent that minimize the burden of the collection of Communication and Liaison. information on respondents, including authority previously exercised [FR Doc. 01–7433 Filed 3–23–01; 8:45 am] consistent with this Order may require through the use of automated collection BILLING CODE 4830–01–P techniques or other forms of information ratification, it is hereby approved and technology; and (e) estimates of capital ratified. or start-up costs and costs of operation, DEPARTMENT OF THE TREASURY Dated: March 3, 2001. maintenance, and purchase of services Robert E. Wenzel, to provide information. Internal Revenue Service Deputy Commissioner of Internal Revenue. Approved: March 13, 2001. [Delegation Order No. 262 (Rev. 1)] [FR Doc. 01–7432 Filed 3–23–01; 8:45 am] Garrick R. Shear, BILLING CODE 4830–01–P IRS Reports Clearance Officer. Delegation of Authority [FR Doc. 01–7434 Filed 3–23–01; 8:45 am] AGENCY: Internal Revenue Service (IRS), BILLING CODE 4830–01–P Treasury.
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Part II
Federal Communications Commission 47 CFR Part 76 Carriage of Digital Television Broadcast Signals; Proposed Rule and Final Rule
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FEDERAL COMMUNICATIONS (FNPRM), FCC 01–22, adopted January agreements to build a substantial record COMMISSION 18, 2001; released January 23, 2001. The upon which to develop the best policy full text of the Commission’s FNPRM is for the various entities impacted in this 47 CFR Part 76 available for inspection and copying area. [CS Docket No. 98–120, CS Docket No. 00– during normal business hours in the 2. In the first Report and Order, the 96; CS Docket No. 00–2, FCC 01–22] FCC Reference Center (Room CY–A257) Commission tentatively concluded that at its headquarters, 445 12th Street, SW., a dual carriage requirement may burden Carriage of Digital Television Washington, DC 20554, or may be cable operators’ First Amendment Broadcast Signals purchased from the Commission’s copy interests more than is necessary to contractor, International Transcription further the important governmental AGENCY: Federal Communications Service, Inc., (202) 857–3800, 1231 20th interests they would promote. However, Commission. Street, NW., Washington, DC 20036, or in this FNPRM, we request further ACTION: Further notice of proposed may be reviewed via internet at http:// information on a number of matters, rulemaking. www.fcc.gov/csb/. This FNPRM contains including, but not limited to the need proposed information collection(s) for dual carriage for a successful SUMMARY: This document requests subject to the Paperwork Reduction Act transition to digital television and information concerning the issue of of 1995 (PRA), Public Law 104–13. It return of the analog spectrum; cable mandatory dual carriage. Specifically, will be submitted to the Office of system channel capacity; and digital the document seeks information to Management and Budget (OMB) for retransmission consent. In addition, we determine whether a cable operator will review under section 3507(d) of the ask whether cable operators should be have the channel capacity to carry the PRA. OMB, the general public, and allowed to increase subscriber rates for digital television signal of a station, in other Federal agencies are invited to each 6 MHz of capacity devoted to the addition to the analog signal of that comment on the proposed information carriage of digital broadcast signals. same station, and without displacing collection(s) contained in this 3. To date in this proceeding, we have other programming or services; whether proceeding. received comments arguing that the market forces, through retransmission statute requires dual carriage or that the consent, will provide cable subscribers Further Notice of Proposed Rulemaking statute forbids it. It is our view, having access to digital television signals and Synopsis of the Further Notice of deliberated extensively on this question, television stations’ access to carriage on Proposed Rulemaking that neither of these views prevail. cable systems; and how the resolution of I. Background Based on the record currently before us, the carriage issues would impact the we believe that the statute neither digital transition process. 1. For background on this FNPRM, see compels dual carriage; nor prohibits it. DATES: Comments are due May 10, 2001. final rule published elsewhere in this It is precisely the ambiguity of the Replies are due June 25, 2001. Written issue of the Federal Register. To ensure statute that has driven this policy comments by the public on the that the Commission has a sufficient debate. In order to weigh the proposed information collections are body of evidence on which to evaluate constitutional questions inherent in a due May 25, 2001. Written comments the issue of dual carriage, the statutory construction that would must be submitted by the Office of Commission finds it necessary to issue permit dual carriage, we believe it is Management and Budget (OMB) on the this FNPRM to address several critical appropriate and necessary to more fully proposed information collections on or questions at the center of the carriage develop the record in this regard. before May 25, 2001. debate including, inter alia; whether a Because any decision requiring dual ADDRESSES: Federal Communications cable operator will have the channel carriage would likely be subject to a Commission, 445 12th Street, SW., capacity to carry the digital television constitutional challenge, and because an Washington, DC 20554. In addition to signal of a station, in addition to the administrative agency can consider filing comments with the Secretary, a analog signal of that same station, and potential constitutional infirmities in copy of any comments on the without displacing other programming deciding between possible information collections contained or services; whether market forces, interpretations of a statute, we are herein should be submitted to Judy through retransmission consent, will compelled to further develop the record Boley, Federal Communications provide cable subscribers access to on the impact dual carriage would have Commission, 445 12th Street, SW., digital television signals and television on broadcast stations, cable operators Washington, DC 20544, or via the stations access to carriage on cable and cable programmers, as well as Internet to [email protected], and to systems and how the resolution of the consumers. We believe that more Edward Springer, OMB Desk Officer, carriage issues would impact the digital evidence is necessary because the 10236 NEOB, 725—17th Street, NW., transition process. The Commission has Supreme Court sustained the Act’s Washington, DC 20503 or via the also sent out a channel capacity and analog broadcast signal carriage Internet to retransmission consent survey to 16 requirements against a First [email protected]. cable operators in a separately issued Amendment challenge principally item. The responses from the survey because Congress and the broadcasting FOR FURTHER INFORMATION CONTACT: will be incorporated into the Second industry built a substantial record of the Eloise Gore at (202) 418–7200 or via the Report and Order in this proceeding. harm to television stations in the internet at [email protected]. For additional The FNPRM also raises questions absence of mandatory analog carriage information concerning the information concerning the applicability of the rules rules. We are also mindful that the collection(s) contained in this and policies adopted in the Order to record must substantially reflect how document, contact Judy Boley at 202– satellite carriers under the Satellite Commission action in this proceeding 418–0214, or via the Internet at Home Viewer Improvement Act of 1999 will serve the three identified [email protected]. (‘‘SHVIA’’). The Commission needs governmental interests supporting SUPPLEMENTARY INFORMATION: This is a further information on a range of issues, mandatory carriage in Turner, which are summary of the Commission’s Further including cable system channel capacity the preservation of the benefits of free Notice of Proposed Rulemaking and digital retransmission consent over-the-air television; the promotion of
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the widespread dissemination of to supplement the general responses we of the television stations broadcasting information from a multiplicity of receive as a result of the questions we such a channel in such market; and sources; and the promotion of fair ask in the FNPRM. The cable operators’ (II) do not have either— competition. answers to the survey questions will be (a) at least one television receiver 4. We also recognize that the included in the record and available for capable of receiving the digital intermediate scrutiny factors established public comment. We expect that the television service signals of the in U.S. v. O’Brien and applied in the information provided by the cable television stations licensed in such Turner cases, for determining whether a operators will provide further insight market; or content-neutral rule or regulation regarding the constitutional questions (b) at least one television receiver of violates the Constitution, must also be inherent in the dual carriage discussion. analog television service signals satisfied here. A content-neutral II. Issues equipped with digital-to-analog regulation will be upheld if: (1) It converter technology capable of furthers an important or substantial A. Digital Television Transition and receiving the digital television service government interest; (2) the government Mandatory Carriage signals of the television stations interest is unrelated to the suppression licensed in such market. of free expression; and (3) the incidental 7. Both Congress and the Commission have worked to develop a digital 8. The Notice of Proposed Rule restriction on alleged First Amendment Making (‘‘NPRM’’) 63 FR 42330, Aug freedoms is no greater than is essential television transition that accounts for the needs of the broadcast industry, 7,1998 in this proceeding discussed to the furtherance of that interest. In must carry rules for possible application sum, under the O’Brien test, a regulation while recognizing the government’s during a temporary transitional period must not burden substantially more interest in the prompt return of the prior to the cessation of analog speech than is necessary to further the analog broadcast spectrum. The broadcasting. Because of the nature of government’s legitimate interests. Thus, Commission’s stated expectation when the exceptions set forth in the Balanced a dual carriage rule must satisfy the the DTV rules were adopted was that Budget Act of 1997, questions have Turner factors and meet the O’Brien analog television broadcasting would arisen as to how long the transition test. We invite commenters that support cease no later than the end of 2006. period might last either with or without a dual carriage requirement to provide With passage of the Balanced Budget a dual carriage requirement. Some have specific empirical information to Act of 1997, Congress codified the expressed doubt that the return of the demonstrate how mandatory dual December 31, 2006 analog television carriage would satisfy the requirements termination date, but also adopted analog broadcast spectrum will be of both Turner and O’Brien. We request certain exceptions to it in section completed by the end of 2006, that commenters that have previously 309(j)(14) of the Communications Act regardless of whether there is a dual submitted legal arguments on these which provides: carriage requirement. Others have points in response to the FNPRM, not (A) Limitations on terms of terrestrial argued that dual carriage is necessary to repeat these arguments. television broadcast licenses.—A enable broadcasters to meet the 5. In the case of dual carriage, we television broadcast license that statutory tests and complete the believe that the record is insufficient to authorizes analog television service may transition on time. None of the demonstrate the degree of harm not be renewed to authorize such participants in this proceeding, broadcasters will suffer without the service for a period that extends beyond however, have provided a concise plan carriage of both signals. In addition, we December 31, 2006. for how and when the transition will be must carefully consider the burden such (B) Extension.—The Commission completed. As such, a number of a requirement would impose on the shall extend the date described in questions concerning the transition have cable operator. We seek information on subparagraph (A) for any station that arisen. For example, under what digital retransmission consent requests such extension in any circumstances and statutory agreements to determine the degree to television market if the Commission interpretations will the statutory criteria which cable operators are carrying finds that— for the auction of recaptured broadcast digital signals on a voluntary basis. If (i) one or more of the stations in such television spectrum be satisfied? Will broadcasters are being carried by market that are licensed to or affiliated the analog television license be returned agreement, then they may not be with one of the four largest national when 85% or more of the television harmed in the absence of a digital television networks are not broadcasting households in a market either subscribe carriage requirement. In addition, First a digital television service signal, and to an MVPD that carries all of the digital Amendment precedent requires that we the Commission finds that each such broadcast stations in the market or have tailor the carriage requirement to avoid station has exercised due diligence and a DTV receiver or digital downconverter burdening more speech than necessary. satisfies the conditions for an extension to receive the digital signal over the air? In this regard, the impact of mandatory of the Commission’s applicable Or is there a different interpretation of carriage on cable systems was relevant construction deadlines for digital the statutory exceptions? Will the in Turner. We therefore seek substantive television service in that market; spectrum be returned if some of the information to determine cable system (ii) digital-to-analog converter MVPD subscribers are unable to receive channel capacity. technology is not generally available in and view the DTV programming 6. Concurrently with this FNPRM, we such market; or notwithstanding that it is carried by the are sending out a survey to cable (iii) in any market in which an MVPD because they do not have a operators that asks specific questions extension is not available under clause digital receiver or converter? How does concerning retransmission consent as (i) or (ii), 15 percent or more of the the growth of competitive non-cable well as cable system channel capacity. television households in such market— MVPD’s change the analysis? We believe that this form of inquiry is (I) do not subscribe to a multichannel Alternatively, would the analog licenses necessary because we need video programming distributor (as be returned in a market in which 85% particularized system information that defined in section 522 of this title) that of the television households had a DTV can only be obtained through a survey. carries one of the digital television receiver or digital-to-analog converter, The answers to this survey will be used service programming channels of each but only 30% subscribed to a MVPD
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that carried all of the digital television time. Cable subscribers would not enhancements like playing along with a stations in the market? immediately benefit from a dual carriage game or chatting during a TV program 9. Understanding how the affected rule if there is little to view but should qualify as ‘‘program related.’’ parties expect to complete the duplicative material. In addition, there What are broadcasters’ plans in this transition, and exactly how the law is a risk that if carriage were mandated, regard? What are the technical applies, substantially affects the cable subscribers would lose existing requirements for broadcasting, receiving Commission’s policy approach to the cable programming services that would and viewing this programming material? digital television transition as well as to be replaced on the channel line-up by Would they be viewed on a screen the overall issue of cable carriage. A digital television signals with less simultaneously or is it necessary to mandatory dual carriage requirement, programming. It is difficult to decide change channels or select a different for example, would place a more definitional issues, such as what would view on the same screen? What is the significant and lasting burden on a cable be considered a ‘‘duplicative signal’’ proper relationship between ‘‘program- operator’s constitutional rights if in fact without more information. We ask related’’ and ‘‘ancillary or there will be a substantially extended broadcasters to describe what part of supplementary’’ in terms of the transition to a digital-only environment. their planned digital programming statutory objectives? To what extent, if We seek comment on these transition streams will be devoted to simulcast of any, is ‘‘program-related’’ limited by issues and ask for more specific their analog programming and what ancillary or supplementary? We also comment on when the analog spectrum parts are, or will be, used for other note that the statutory language that is likely to be returned under both programming. We ask broadcasters to describes ‘‘program-related’’ in the mandatory and non-mandatory dual provide us with information on the context of NCE stations differs in some carriage scenarios. We also seek exact amount of digital programming, respects from the language regarding comment on whether and how the dual on a weekly basis, being aired in a high program-related content for commercial carriage burden on cable operators may definition format and the exact amount stations. Specifically, section 615(g)(1), be lessened by using a transitional of original digital programming. We also establishing the content of NCE stations approach limiting dual carriage to a seek comment on the number of hours, to be carried by cable operators, tracks specified period of time. For example, in an average day, that a broadcaster the language of section 614(b)(3)(A), the in this regard, how would a three year currently airs digital television, and provision for commercial broadcasters, limit on dual carriage affect the specifically high definition digital except that the NCE provision goes on constitutional question? programming. to include in the definition of ‘‘program 10. There are several other issues 12. We also seek further comment on related’’ material: ‘‘that may be concerning the rollout of digital issues relevant to the carriage of digital necessary for receipt of programming by broadcast television that still remain. signals by small operators. As described handicapped persons or for educational For example, a number of digital in the First Report and Order, the SCBA or language purposes.’’ In light of the television licensees in markets 11–30, expressed concern that allowing foregoing, we seek comment on how to that were required to begin digital broadcasters to tie analog and digital define ‘‘program related’’ material for broadcasting on November 1, 1999 have retransmission consent could have a NCE stations. How, if at all, should it asked for extensions of time to build out negative financial effect on small cable differ from ‘‘program-related’’ in the their facilities. Such petitions assert that operators. The current record does not context of commercial stations? For these extensions may have been contain adequate evidence on this point. example, some commenters have argued necessary because local zoning We specifically request information on that if an NCE station multicasts requirements have hindered the small cable operators’ equipment costs programming for ‘‘educational’’ construction of digital broadcast towers to deliver digital signals to subscribers purposes, the cable operator should or because there are construction and and experiences thus far with carry all such program streams. We seek equipment delays. Whatever the case retransmission consent negotiations comment on whether these may be, it is difficult to proceed with involving both analog and digital ‘‘educational’’ program streams should the dual carriage question if it remains signals. qualify as ‘‘program related’’ in the unclear how and when digital signals 13. Program-related. In addition, as context of must carry, particularly in will become available in any particular discussed in the final rule published light of the language in 615(g)(1) noted market. Because an operator is only elsewhere in this issue of the Federal above. required to carry broadcast signals up to Register, cable operators are required to one-third of its channel capacity, to rule carry ‘‘program-related’’ material as part B. Channel Capacity on the dual carriage issue now may of the broadcaster’s primary video. We 14. In the NPRM, we sought result in on-air digital signals being seek comment on the proper scope of quantified estimates and forecasts of carried, at the expense of those yet-to- program-related in the digital context. available usable channel capacity. We air digital signals that may not be As noted in the Report and Order, we asked whether there were differences in carried because the operator’s one-third believe that digital television offers the channel capacity that are based on cap has been met and the operator is ability to enhance video programming franchise requirements, patterns of reluctant to disrupt viewers by changing in a number of ways. For example, a ownership, geographic location, or other signals carried. In this regard, we ask digital television broadcast of a sporting factors. We also inquired about the whether we should wait for all or a event could include multiple camera average number of channels dedicated more significant number of broadcasters angles from which the viewer may to various categories of programming, to build out their facilities before select. In addition, a digital broadcast such as pay-per-view, leased access, considering a dual carriage rule to avoid could enable viewers to select other local and non-local broadcast channels, this potential disruption. embedded information such as sports and others that would assist us in 11. We also note that there appears to statistics to complement a sports understanding the degree to which be a limited amount of original digital broadcast or detailed financial capacity is, and will be, available over programming being broadcast. This calls information to complement a financial the next several years. We sought into question the practicality of news broadcast. We seek comment on system upgrade information. For imposing a dual carriage rule at this whether such information or interactive example, we asked for comment on
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whether 750 MHz is the proper cutoff information on system upgrades current would serve the public interest because for defining an upgraded system or through January, 2001. We specifically it expands cable channel capacity to should a lower number, such as 450 seek comment on the number of cable accommodate an infinite amount of MHz, be used instead. We also asked systems nationwide, on a percentage services. NWP believes that accessing commenters to provide information on basis, that are now, or soon will be, programming residing in a video server, the expected growth rate for cable upgraded to 750 MHz. With regard to and then sending that specific channel capacity between now and these kinds of systems, we ask how programming to the subscriber, is a far 2003. In addition, we sought comment many channels are now, or soon will be more efficient way of using channel about cable programmer plans to available for video programming. We capacity than shipping all channels to convert to digital and what additional seek comment on whether it is possible the subscriber at the same time. NWP carriage needs these programmers for 750 MHz systems to be channel- states that a channel should be defined would have in the future. These locked and have no capacity to carry as ‘‘any internet addressable video questions were posed to generate a additional digital broadcast signals. We service engineered for the record on available channel capacity for seek comment on cable industry plans electromagnetic spectrum carried solely digital carriage purposes and help the to build systems of greater capacity in in wired networks from the producer of Commission determine the speech the future. the video service and delivered through burden on cable operators under the 17. We also seek comment on a video server and made available for First Amendment and the Turner cases. techniques that conserve or recapture and to subscribers of a cable system.’’ 15. We received widely divergent cable channel capacity. Data on this NWP argues that expanding the information concerning cable channel matter is important because it may belie definition of ‘‘cable channel’’ would capacity availability. For example, NAB the cable industry’s claim that there is, position cable to be a communications asserts that current channel capacity is or will be, no channel capacity to add medium merging voice, internet and substantial and a significant number of more programming. For example, an video services into a characterless channels are unutilized, particularly in operator that uses 256 QAM will have digital data stream. We seek comment large markets where the Commission 40% more capacity than an operator on NWP’s proposal, in general, and ask has required the construction of the first that does not. With this noted, we ask whether it is technically feasible for DTV stations. NCTA disputes this claim how many cable systems are now, or cable operators to cache broadcast and asserts that what matters is not soon will be, using 256 QAM. In programming in this manner. We also whether a cable system has adequate addition, we ask if there are certain set ask what statutory or rule changes capacity to add new digital must carry top boxes or related software that can would be necessary to accomplish what signals during the transition, but further increase capacity for systems NWP proposes. Finally, we ask what whether a significant number of actual using 256 QAM. Some operators are also copyright issues may arise in this systems serving a significant number of using specialized techniques that can context, how this approach would affect customers will be forced to remove comb packages of digital cable the advertising rate structure for services to accommodate both analog programming sent by digital broadcasters, and whether cable and digital must carry signals. We find compression operations such as operators are contractually or otherwise the comments and analyses provided by Headend in the Sky (‘‘HITS’’) or other restricted from implementing a video the commenters are useful for digital compression program delivery server model of distributing local establishing the framework for this services. Using such filtering broadcast programming. inquiry. However, a number of the technology, an operator can select the commenters rely on data sources that digital cable programming it wants to C. Voluntary Carriage Agreements are either incomplete, or draw upon an carry and discard that programming it unrepresentative sample of cable prefers not to carry. Through this 19. In the NPRM, we recognized that systems. Moreover, some of the data are process, an operator can save as much most commercial broadcast stations, at outdated for future channel capacity as 10 MHz of cable channel capacity. least 80% in 1993 for example, were estimates. For all of these reasons, as We seek comment on how many carried by cable systems through well as the fact that accurate capacity operators are currently using combining retransmission consent and asked information is essential for a well technology to recapture spectrum. A whether this general pattern would be articulated and constitutionally third technique used by some cable repeated with respect to digital sustainable dual carriage decision under operators to save channel capacity is to broadcast television signals during the O’Brien and Turner, we seek further shift certain services from an analog tier transition period. We stated that the information on current capacity and to a digital tier where such broadcasters that are most likely to elect forecasts for capacity growth in the programming will be digitally must carry are those stations that are not future. compressed. By doing this, an operator affiliated with the four major networks. 16. We first reiterate the questions we could free up additional analog space Many of these stations will not posed in the NPRM, as summarized for other uses. We seek comment on this commence digital operations until 2002 elsewhere in this FNPRM. We then note technique and ask how many operators when they are required to do so under that the NCTA, on its website, has stated are now exercising this option. the Commission’s rules. We sought the following: ‘‘It is estimated that 82% 18. In its comments, New World comment on these general suppositions of all cable homes now are passed by at Paradigm (‘‘NWP’’) states that the and on the effect these market factors least 550 MHz plant—with 65% of cable Commission should adopt digital would have on the need to implement homes passed by systems with 750 MHz carriage rules that allow or motivate a digital carriage requirement. We also or higher, positioning cable to compete cable operators to deliver services from asked what effect not setting rules more effectively with DBS companies, video servers through the internet’s would have on television stations not who typically offer more than 100 channel addressing methodology. affiliated with the top four networks channels.’’ While this information is According to NWP, channel addressing that want to commence digital more recent than the data submitted by uses existing capacity very efficiently broadcasting before 2002. We sought the NAB, it is still tabulated from and asserts that adoption of the comment on how retransmission reports in 1999. Thus, we ask for any internet’s channel addressing method consent, rather than mandatory carriage,
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could speed the transition to digital by a single broadcaster. We seek encouraging voluntary increases in the television. comment on the effect of these number of channels of programming 20. According to the cable ownership changes on carriage of offered to cable subscribers. The commenters, several digital broadcast signals and ask how the Commission also recognized that, even retransmission consent agreements have potential changes in the broadcast in a competitive environment, service been reached. For example, AT&T industry will affect the retransmission increases would result in higher prices, Broadband has arrangements with NBC consent process. just as service decreases should result in and FOX to carry their owned and D. Tier Placement lower prices. The Commission operated stations’ digital signals for the developed a table of per channel rate next several years. Time Warner states 23. As discussed, section 623(b)(7)(A) adjustment factors based on an it has digital carriage arrangements with of the Act requires that the basic tier on econometric model of the pricing all four major networks, some network a rate regulated system include all behavior of systems facing competition. affiliate owners, as well as a group of signals carried to fulfill the must carry The amount of the permitted adjustment public broadcasters. While we are requirements of sections 614 and 615 varied with the number of channels encouraged that some broadcasters, and ‘‘any signal of any television offered on the system, the permitted such as those noted, have been able to broadcast station that is provided by the adjustment per channel decreasing as obtain cable carriage through cable operator to any subscriber * * *’’ the number of channels increases. After retransmission consent agreements, We believe that it would facilitate the gaining experience with rate regulation, outstanding questions remain digital transition to permit cable the Commission concluded that concerning the scope and pace of the operators that are carrying a broadcast optional additional incentives should be retransmission consent process. For station’s analog signal on the basic tier available to stimulate the addition of example, MSTV reports that cable to carry that broadcast station’s digital new services to the CPST or to the BST operators have negotiated digital signal on a digital tier pursuant to when it was the only tier of service carriage with network owned and retransmission consent. We seek offered. The Commission established a operated stations but have refused to comment on permitting such carriage per channel adjustment factor of up to discuss digital retransmission consent and whether it would encourage more 20 cents per channel exclusive of with several network affiliated station cable operators to voluntarily carry a programming costs for channels added groups. We seek comment on whether broadcaster’s digital signal. We believe to CPSTs , subject to a cap of $1.20 on this statement is correct. If so, why that such an approach, which is rate increases through December 31, necessarily limited to the duration of haven’t cable operators entered into 1996 and $1.40 through December 31, the transition in a given market, is negotiations with network affiliated 1997. An additional capped amount was consistent with the flexibility given the broadcast groups? allowed for license fees associated with 21. With regard to the retransmission Commission by section 614(b)(4)(B) to the channels. Operators were required consent deals already concluded, we prescribe rules for the transition. We to offset any revenues received from a seek comment on the scope of such seek comment on this interpretation. We channel from the programming costs agreements. For example, while Time also seek comment on limiting this and per-channel adjustment associated Warner has deals with CBS, ABC, NBC, approach to those situations in which with the channel. The Commission FOX, and several PBS affiliates, we seek the digital programming is a simulcast limited the per channel adjustment comment on how many digital of the analog programming available on incentive to the CPST to maximize television signals are now available for the basic tier. We reiterate that, as subscriber choice where cable operators purchase by subscribers. Moreover, on discussed, if a cable operator is carrying could choose between the BST and the what tier of service are these signals only the broadcaster’s digital signal, and being carried? We also ask whether such not the analog signal, the digital signal CPST when selecting a tier for a new signals are being carried in 8 VSB or in must be available to subscribers on a nonbroadcast service and also to avoid QAM. What television markets do these basic tier to which subscription is increasing the complexity of the deals affect? And in those markets, what required for access to any other tier. regulatory task faced by local regulatory percentage of cable subscribers are authorities. The Commission also E. Per Channel Rate Adjustments served by a Time Warner system? And recognized that the base cost for a tier of those systems, do the deals apply 24. We recognize that cable operators should be adjusted under some only to upgraded 750 MHz systems or will be adding digital broadcast services circumstances to reflect the reallocation all systems regardless of capacity? At to their channel line-ups in the years of system costs to programming tiers first glance, Time Warner’s efforts seem ahead. While the addition of such when channels are moved between tiers. to satisfy our goal of providing cable channels implicates our rate regulation 25. We believe that cable operators subscribers’ access to digital television rules, we received no comment on what should have sufficient incentives to add signals on a voluntary basis, but if the impact this occurrence will have on our digital television broadcast agreements only concern certain areas per channel rate adjustment programming, particularly where and certain systems, it would call into methodology. Thus, in addition to operators carrying a broadcast station’s question the extent to which the providing for the direct recovery of costs analog signal during the transition marketplace is actually working. We associated with adding digital broadcast period must assign spectrum to pose the same set of questions and programming, as explained, we now accommodate digital signals. Because concerns to the other publicly propose to permit cable operators to the cable industry operates in an announced arrangements involving adjust BST rates to reflect the addition increasingly competitive environment, other cable operators, such as AT&T and of channels of digital broadcast we tentatively conclude that subscribers its respective broadcast station partners. programming, if the operator decides to who purchase digital programming, 22. We also note that in August of place such programming on that tier. including digital broadcast 1999, the Commission adopted new When developing rate regulations programming, should bear a fair share of ownership rules that affect the number pursuant to the 1992 Cable Act, the the overall system costs associated with of television stations in any given Commission recognized that pricing the number of channels delivered on the market that can be owned or controlled incentives were important to tier relative to the system’s overall
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capacity, and that subscriber rates be satellite carriers. We note that satellite incorporated by reference in this reasonable. Thus, we propose to allow carriers provide video programming on proceeding. cable operators adding digital broadcast a national basis through a space-based III. Procedural Matters signals to their channel line-ups, to delivery facility while cable operators increase rates for each 6 MHz of provide video service on a local A. Paperwork Reduction Act of 1995 capacity devoted to carriage of such franchise-area basis through a terrestrial Analysis signals. We seek comment on this delivery facility. Given these 29. The requirements contained in general policy and ask for comment on distinctions, we ask whether we should this Further Notice of Proposed the proper adjustment methodology the take into account the differences Rulemaking have been analyzed with Commission should adopt. For example, between the two technologies when respect to the Paperwork Reduction Act should the Commission revise implementing digital broadcast signal of 1995 (the ‘‘1995 Act’’) and would § 76.922(g), and the accompanying per carriage rules for satellite carriers. impose proposed information collection channel adjustment table, for this Interested parties need not file requirements on the public. The purpose? Alternatively, is the Form additional comments on the Commission, as part of its continuing 1235 process outlined in the final rule constitutional or public policy aspects effort to reduce paperwork burdens, published elsewhere in this issue of the of satellite digital broadcast signal invites the general public and the Office Federal Register, adequate to account carriage, as we shall incorporate the of Management and Budget (OMB) to for such costs? We also seek comment relevant statements made in the satellite take this opportunity to comment on the on how channels should be counted in carriage proceeding into this docket. proposed information collection light of the sunset of CPST rate requirements contained in this Further regulation. What methods are there for 28. Pursuant to the SHVIA, the Notice of Proposed Rulemaking, as valuing cable channels? How would Commission also adopted rules required by the 1995 Act. Comments they work? implementing section 339(b) of the Act. should address: (a) whether the (See 65 FR 68082, Nov. 14, 2000.) This F. Satellite Home Viewer Improvement proposed collection of information is provision directs the Commission to Act of 1999 necessary for the proper performance of apply the cable television network non- the functions of the Commission, 26. Section 338 of the Act, adopted as duplication, syndicated program including whether the information part of the SHVIA, requires satellite exclusivity, and sports blackout would have practical utility; (b) the carriers, by January 1, 2002, ‘‘to carry requirements to satellite carriers. accuracy of the Commission’s burden upon request all local television Congress directed the Commission to estimates; (c) ways to enhance the broadcast stations’ signals in local implement the new satellite rules so quality, utility, and clarity of the markets in which the satellite carriers that they will be ‘‘as similar as possible’’ information collected; and (d) ways to carry at least one television broadcast to the rules applicable to cable minimize the burden of the collection of station signal,’’ subject to the other operators. In general, the new network information on the respondents, carriage provisions contained in the Act. non-duplication, syndicated program including the use of automated Until January 1, 2002, satellite carriers, exclusivity, and sports blackout rules collection techniques or other forms of such as DirecTV and Echostar, are require a satellite carrier to delete information technology. Written granted a royalty-free copyright license programming when it retransmits a comments by the public on the to retransmit television broadcast nationally distributed superstation to a proposed information collections are signals on a station-by-station basis, household within the relevant zone of due on or before May 25, 2001. Any subject to obtaining a broadcaster’s protection, and the nationally comments on the information retransmission consent. This transition distributed superstation carries a collections contained herein should be period is intended to provide the program to which the local station or submitted to Judy Boley, Federal satellite industry with time to begin Communications Commission, 445 12th providing local television signals into the rights holder to a sporting event has St, SW., Room 1–0804, Washington, DC local markets, otherwise known as exclusive rights. In addition, the SHVIA 20554, or via the Internet to ‘‘local-into-local’’ satellite service. We requires that the Commission apply the recently adopted rules to implement the sports blackout rule to satellite carriage [email protected]. For additional satellite carriage provisions contained in of network stations. In all cases covered information on the proposed section 338. (See 66 FR 7410, Jan. 23, by the statute and the rules, the entity information collection requirements, 2001.) holding exclusive rights may require the contact Judy Boley at 202–418–0214 or 27. The rules we adopted in the satellite carrier to black out these via the Internet at the above address. satellite carriage proceeding specifically particular programs for the satellite OMB Control Number: 3060–0844. Title: Digital Broadcast Carriage. concerned the carriage of a television subscriber households within the protected zone. In the Report and Order From Number: n/a. station’s analog signal by a satellite Type of Review: Revision of a implementing section 339(b), the carrier. While issues related to the currently approved collection. carriage of a television station’s digital Commission noted that it would Respondents: 99,278. signal were discussed, the Commission consider the application of the satellite Estimated Time Per Response: .5–1 stated that the digital carriage exclusivity rules to digital broadcast hours. requirements for satellite carriers should signals in another proceeding. We now Total Annual Burden: 2,355. be addressed in the context of this seek comment on the application of the Total Annual Costs: $2,355.12. docket. Herein, we have adopted section 339(b) provisions, and our Needs and Uses: The information policies governing the cable carriage of implementing rules, to the carriage of collection requirements under this digital television signals. Given the digital television signals by satellite control number are used to seek SHVIA’s general thrust that the carriers. We specifically seek comment comment on possible changes to Commission issue satellite carriage rules on the application of the exclusivity mandatory carriage rules, and explore comparable to the cable carriage rules, requirements in light of the statements the impact that cable carriage of digital we seek comment on how we should made. The comments filed on this television signals may have on other apply the digital cable carriage rules to subject in CS Docket 00–2 will be Commission rules.
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B. Ex Parte Rules proceeding commenters must submit 309(j), 325, 336, 614, and 615 of the 30. This proceeding will be treated as two additional copies for each Communications Act of 1934, as a ‘‘permit-but-disclose’’ proceeding additional docket or rulemaking amended, 47 U.S.C. §§ 151, 154(i) and subject to the ‘‘permit-but-disclose’’ number. All filings must be sent to the (j), 309(j), 325, 336, 534, and 535. 37. Description and Estimate of the requirements under § 1.1206(b) of the Commission’s Secretary, Magalie Roman Number of Small Entities To Which the Commission’s rules. Ex parte Salas, Office of the Secretary, Federal Proposed Rules Will Apply. The IRFA presentations are permissible if Communications Commission, 445 12th directs the Commission to provide a disclosed in accordance with Street, SW., Washington, DC 20554. The description of and, where feasible, an Commission rules, except during the Cable Services Bureau contact for this proceeding is Eloise Gore at (202) 418– estimate of the number of small entities Sunshine Agenda period when 7200, TTY (202) 418–7172, or at that will be affected by the proposed presentations, ex parte or otherwise, are [email protected]. rules. The IRFA defines the term ‘‘small generally prohibited. Persons making 33. Parties who choose to file by entity’’ as having the same meaning as oral ex parte presentations are reminded paper should also submit their the terms ‘‘small business,’’ ‘‘small that a memorandum summarizing a comments on diskette. Parties should organization,’’ and ‘‘small business presentation must contain a summary of submit diskettes to Eloise Gore Cable concern’’ under section 3 of the Small the substance of the presentation and Services Bureau, 445 12th Street NW., Business Act. Under the Small Business not merely a listing of the subjects Room 4–A803, Washington, DC 20554. Act, a small business concern is one discussed. More than a one or two Such a submission should be on a 3.5- which: (1) Is independently owned and sentence description of the views and inch diskette formatted in an IBM operated; (2) is not dominant in its field arguments presented is generally compatible form using MS DOS 5.0 and of operation; and (3) satisfies any required. Additional rules pertaining to Microsoft Word, or compatible software. additional criteria established by the oral and written presentations are set The diskette should be accompanied by Small Business Administration forth in § 1.1206(b). a cover letter and should be submitted (‘‘SBA’’). The rules we are considering C. Filing of Comments and Reply in ‘‘read only’’ mode. The diskette in this proceeding generally, will affect Comments should be clearly labeled with the cable operators, OVS operators, and party’s name, proceeding (including the television station licensees. 31. Pursuant to applicable procedures lead docket number in this case [CS 38. Small MVPDs. SBA has developed set forth in §§ 1.415 and 1.419 of the Docket No. 98–120]), type of pleading a definition of small entities for cable Commission’s rules, 47 CFR 1.415 and (comments or reply comments), date of and other pay television services, which 1.419, interested parties may file submission, and the name of the includes all such companies generating comments on the FNPRM on or before electronic file on the diskette. The label $11 million or less in annual receipts. May 10, 2001 and reply comments on or should also include the following This definition includes cable system before June 25, 2001. Comments may be phrase ‘‘Disk Copy—Not an Original.’’ operators, closed circuit television filed using the Commission’s Electronic Each diskette should contain only one services, direct broadcast satellite Comment Filing System (‘‘ECFS’’) or by party’s pleadings, referable in a single services, multipoint distribution filing paper copies. Comments filed electronic file. In addition, commenters systems, satellite master antenna through the ECFS can be sent as an must send diskette copies to the systems and subscription television electronic file via the Internet to Commission’s copy contractor, services. According to the Census VerDate 11 40. The Communications Act also following: (a) there were 7,265 firms in an integrated receiver-decoder from an contains a definition of a small cable the United States classified as Motion equipment dealer and pay a system operator, which is ‘‘a cable Picture and Video Production (SIC subscription fee to an HSD operator that, directly or through an 7812), and that 6,987 of these firms had programming package. Thus, HSD users affiliate, serves in the aggregate fewer $16.999 million or less in annual include: (1) Viewers who subscribe to a than 1% of all subscribers in the United receipts and 7,002 of these firms had packaged programming service, which States and is not affiliated with any $24.999 million or less in annual affords them access to most of the same entity or entities whose gross annual receipts; (b) there were 1,139 firms programming provided to subscribers of revenues in the aggregate exceed classified as Motion Picture and Video other MVPDs; (2) viewers who receive $250,000,000.’’ The Commission has Tape Distribution (SIC 7822), and 1007 only non-subscription programming; determined that there are 61,700,000 of these firms had $16.999 million or and (3) viewers who receive satellite subscribers in the United States. less in annual receipts and 1013 of these programming services illegally without Therefore, an operator serving fewer firms had $24.999 million or less in subscribing. Because scrambled than 617,000 subscribers shall be annual receipts; and (c) there were 5,671 packages of programming are most deemed a small operator, if its annual firms in the United States classified as specifically intended for retail revenues, when combined with the total Theatrical Producers and Services (SIC consumers, these are the services most annual revenues of all of its affiliates, do 7922), and 5627 of these firms had relevant to this discussion. not exceed $250 million in the $4.999 million or less in annual 46. According to the most recently aggregate. Based on available data, we receipts. available information, there are find that the number of cable operators 43. Each of these SIC categories is approximately 30 program packagers serving 617,000 subscribers or less totals very broad and includes firms that may nationwide offering packages of approximately 1450. Although it seems be engaged in various industries, scrambled programming to retail certain that some of these cable system including cable programming. Specific consumers. These program packagers operators are affiliated with entities figures are not available regarding how provide subscriptions to approximately whose gross annual revenues exceed many of these firms exclusively produce 2,314,900 subscribers nationwide. This $250,000,000, we are unable at this time and/or distribute programming for cable is an average of about 77,163 subscribers to estimate with greater precision the television or how many are per program package. This is number of cable system operators that independently owned and operated. substantially smaller than the 400,000 would qualify as small cable operators Thus, we estimate that our rules may subscribers used in the commission’s under the definition in the affect approximately 6,987 small entities definition of a small MSO. Furthermore, Communications Act. primarily engaged in the production and because this is an average, it is likely 41. Open Video Systems. The distribution of taped cable television that some program packagers may be Commission has certified 31 OVS programs and 5,627 small producers of substantially smaller. operators with some now providing live programs that may be affected by 47. Television Stations. The proposed service. Affiliates of Residential the rules adopted in this proceeding. rules and policies will apply to Communications Network, Inc. (‘‘RCN’’) 44. DBS: There are four licensees of television broadcasting licensees, and received approval to operate OVS DBS services under Part 100 of the potential licensees of television service. systems in New York City, Boston, Commission’s Rules. Three of those The Small Business Administration Washington, DC and other areas. RCN licensees are currently operational. Two defines a television broadcasting station has sufficient revenues to assure us that of the licensees that are operational that has no more than $10.5 million in they do not qualify as small business have annual revenues which may be in annual receipts as a small business. entities. Little financial information is excess of the threshold for a small Television broadcasting stations consist available for the other entities business. The Commission, however, of establishments primarily engaged in authorized to provide OVS that are not does not collect annual revenue data for broadcasting visual programs by yet operational. Given that other entities DBS and, therefore, is unable to television to the public, except cable have been authorized to provide OVS ascertain the number of small DBS and other pay television services. service but have not yet begun to licensees that could be impacted by Included in this industry are generate revenues, we conclude that at these proposed rules. DBS service commercial, religious, educational, and least some of the OVS operators qualify requires a great investment of capital for other television stations. Also included as small entities. operation, and we acknowledge that are establishments primarily engaged in 42. Program Producers and there are entrants in this field that may television broadcasting and which Distributors. The Commission has not not yet have generated $11 million in produce taped television program developed a definition of small entities annual receipts, and therefore may be materials. Separate establishments applicable to producers or distributors categorized as a small business, if primarily engaged in producing taped of cable television programs. Therefore, independently owned and operated. television program materials are we will use the SBA classifications of 45. HSD: The market for HSD service classified under another SIC number. Motion Picture and Video Tape is difficult to quantify. Indeed, the 48. Pursuant to 5 U.S.C. 601(3), the Production (SIC 7812), Motion Picture service itself bears little resemblance to statutory definition of a small business and Video Tape Distribution (SIC 7822), other MVPDs. HSD owners have access applies ‘‘unless an agency after and Theatrical Producers (Except to more than 265 channels of consultation with the Office of Motion Pictures) and Miscellaneous programming placed on C-band Advocacy of the SBA and after Theatrical Services (SIC 7922). These satellites by programmers for receipt opportunity for public comment, SBA definitions provide that a small and distribution by MVPDs, of which establishes one or more definitions of entity in the cable television 115 channels are scrambled and such term which are appropriate to the programming industry is an entity with approximately 150 are unscrambled. activities of the agency and publishes $21.5 million or less in annual receipts HSD owners can watch unscrambled such definition(s) in the Federal for SIC 7812 and SIC 7822, and $5 channels without paying a subscription Register.’’ million or less in annual receipts for SIC fee. To receive scrambled channels, 49. An element of the definition of 7922. Census Bureau data indicate the however, an HSD owner must purchase ‘‘small business’’ is that the entity not VerDate 11 be dominant in its field of operation. We applicable to manufacturers of attempt has been made to propose are unable at this time to define or electronic equipment. Therefore, we streamlined compliance requirements, quantify the criteria that would will use the SBA definition of especially for small cable operators, in establish whether a specific television manufacturers of Radio and Television this docket. station is dominant in its field of Broadcasting and Communications 55. Steps Taken to Minimize operation. Accordingly, the estimates Equipment. According to the SBA’s Significant Impact on Small Entities, that follow of small businesses to which regulations, a TV equipment and Significant Alternatives Considered. rules may apply do not exclude any manufacturer must have 750 or fewer The RFA requires an agency to describe television station from the definition of employees in order to qualify as a small any significant alternatives that it has a small business on this basis and are business concern. The Census Bureau considered in reaching its proposed therefore overinclusive to that extent. category is very broad, and specific approach, which may include the An additional element of the definition figures are not available as to how many following four alternatives: (1) The of ‘‘small business’’ is that the entity of these firms are exclusive establishment of differing compliance or must be independently owned and manufacturers of television equipment reporting requirements or timetables operated. As discussed further below, or how many are independently owned that take into account the resources we could not fully apply this criterion, and operated. We conclude that there available to small entities; (2) the and our estimates of small businesses to are approximately 778 small clarification, consolidation, or which rules may apply may be manufacturers of radio and television simplification of compliance or overinclusive to this extent. The SBA’s equipment. reporting requirements under the rule general size standards are developed 53. Electronic Household/Consumer for small entities; (3) the use of taking into account these two statutory Equipment. The Commission has not performance, rather than design, criteria. This does not preclude us from developed a definition of small entities standards; and (4) an exemption from taking these factors into account in applicable to manufacturers of coverage of the rule, or any part thereof, making our estimates of the numbers of electronic equipment used by for small entities. We have proposed small entities. consumers, as compared to industrial streamlined rules for the carriage of 50. There were 1,509 television use by television licensees and related digital broadcast signals for small cable stations operating in the nation in 1992. businesses. Therefore, we will use the operators in this proceeding. We will That number has remained fairly SBA definition applicable to examine this alternative in more detail constant as indicated by the manufacturers of Household Audio and in the next phase of this rulemaking. approximately 1,616 operating Visual Equipment. According to the television broadcasting stations in the 56. Federal Rules Which Duplicate, SBA’s regulations, a household audio nation as of September 30, 1999. For Overlap, or Conflict with the and visual equipment manufacturer 1992, the number of television stations Commission’s Proposals. None. must have 750 or fewer employees in that produced less than $10.0 million in 57. Report to Congress. The order to qualify as a small business revenue was 1,155 establishments. Commission will send a copy of the concern. Census Bureau data indicates Thus, the new rules will affect final rule published elsewhere in this that there are 410 U.S. firms that approximately 1,616 television stations; issue of the Federal Register, including manufacture radio and television approximately 77%, of those stations this IRFA, in a report to be sent to broadcasting and communications are considered small businesses. These Congress pursuant to the Small Business estimates may overstate the number of equipment, and that 386 of these firms Regulatory Enforcement Fairness Act of small entities since the revenue figures have fewer than 500 employees and 1996. In addition, the Commission will on which they are based do not include would be classified as small entities. send a copy of the FNPRM, including or aggregate revenues from non- The remaining 24 firms have 500 or IRFA, to the Chief Counsel for Advocacy television affiliated companies. more employees; however, we are of the Small Business Administration. A 51. Small Manufacturers. The SBA unable to determine how many of those copy of the FNPRM and IRFA (or has developed definitions of small have fewer than 750 employees and summaries thereof) will also be entity for manufacturers of household therefore, also qualify as small entities published in the Federal Register. audio and video equipment (SIC 3651) under the SBA definition. Furthermore, and for radio and television the Census Bureau category is very F. Ordering Clauses broadcasting and communications broad, and specific figures are not 58. Accordingly, it is ordered that the equipment (SIC 3663). In each case, the available as to how many of these firms Consumer Information Bureau, definition includes all such companies are exclusive manufacturers of Reference Information Center, shall employing 750 or fewer employees. television equipment for consumers or send a copy of this Further Notice of Census Bureau data indicates that there how many are independently owned Proposed Rulemaking, including the are 858 U.S. firms that manufacture and operated. We conclude that there Final Regulatory Flexibility Analysis, to radio and television broadcasting and are approximately 386 small the Chief Counsel for Advocacy of the communications equipment, and that manufacturers of television equipment Small Business Administration. 778 of these firms have fewer than 750 for consumer/household use. Federal Communications Commission. employees and would be classified as 54. Description of Projected small entities. Reporting, Recordkeeping and other Magalie Roman Salas, 52. Electronic Equipment Compliance Requirements. There are Secretary. Manufacturers. The Commission has not compliance requirements for cable [FR Doc. 01–7324 Filed 3–23–01; 8:45 am] developed a definition of small entities operators and OVS operators. An BILLING CODE 6712–01–P VerDate 11 FEDERAL COMMUNICATIONS at its headquarters, 445 12th Street, SW., order to ensure that we have a sufficient COMMISSION Washington, DC 20554, or may be body of evidence before us in which to purchased from the Commission’s copy evaluate this issue fully, so that we can 47 CFR Part 76 contractor, International Transcription ultimately resolve the issue of [CS Docket No. 98–120, CS Docket No. 00– Service, Inc., (202) 857–3800, 1231 20th mandatory dual carriage, we find it 96; CS Docket No. 00–2, FCC 01–22] Street, NW., Washington, DC 20036, or necessary to issue a Further Notice of may be reviewed via internet at http:// Proposed Rulemaking (‘‘FNPRM’’) Carriage of Digital Television www.fcc.gov/csb/. addressing several critical questions at Broadcast Signals the center of the carriage debate (see Synopsis of the Report and Order FNPRM published elsewhere in this AGENCY: Federal Communications I. Introduction issue of the Federal Register.) Commission. 1. In the Notice of Proposed 4. At the outset, we recognize a ACTION: Final rule. number of statutory and public policy Rulemaking (‘‘NPRM’’) 63 FR 42330, goals inherent in sections 614 and 615, SUMMARY: This document resolves a Aug. 7, 1998, in this docket, we sought and other parts of the Act. These number of technical and legal issues comment on a variety of issues relating include maximizing incentives for inter- to the carriage of digital television related to the carriage of digital industry negotiation; minimizing broadcast signals by cable television broadcast signals pursuant to disruption to cable subscribers as well operators. With this First Report and retransmission consent and mandatory as the cable industry; promoting Order (‘‘Report and Order’’), we resolve carriage of commercial and efficiency and innovation in new a number of technical and legal issues noncommercial educational television technologies and services; advancing related to the carriage of digital stations under the Communications Act multichannel video competition; of 1934 (‘‘Act’’). In particular, this broadcast signals concerning maximizing the introduction of digital document clarifies that a digital-only retransmission consent, broadcast broadcast television; and maintaining television station may assert its right to spectrum flexibility and ancillary and the strength and competitiveness of mandatory carriage. Specifically, new supplementary services, mandatory broadcast television. Our goal is to television stations that transmit only carriage of commercial television facilitate an efficient market-oriented digital signals, and current television stations and mandatory carriage of structure that implements the Act in a stations that return their analog noncommercial educational television manner that, to the extent possible, spectrum allocation and convert to stations pursuant to the permits private agreements to resolve digital operations, must be carried on Communications Act of 1934 (‘‘Act’’). In issues. Based on the importance of cable cable systems. addition, we clarify that a digital-only television in the video programming DATES: These rules contain information television station may assert its right to marketplace, we believe that the collection requirements that have not carriage. Specifically, new television cooperation and participation by the yet been approved by OMB. The Federal stations that transmit only digital cable industry during the transition Communications Commission will signals, and current television stations period would further the successful publish a document in the Federal that return their analog spectrum introduction of digital broadcast Register announcing the effective date. allocation and convert to digital television. Written comments by the public on the operations, must be carried. new or modified information collections 2. In this document, we resolve II. Background are due May 25, 2001. matters relating to retransmission 5. Pursuant to section 614 of the Act, ADDRESSES: Written comments on the consent, content-to-be-carried, channel and the implementing rules adopted by new or modified information collections capacity, channel placement, and a host the Commission in Implementation of should be submitted to Judy Boley, of other operational issues. Our the Cable Television Consumer Federal Communications Commission, principal goal is to provide a framework Protection and Competition Act of 1992, 445 12th Street, SW., Washington, DC for private resolution of the issues Broadcast Signal Carriage Issues Report 20544, or via the Internet to raised in the NPRM, wherever possible, and Order (‘‘Must Carry Order’’) 58 FR [email protected], and to Edward Springer, and to give guidance on technical issues 17350, Apr. 2, 1993, a commercial OMB Desk Officer, 10236 NEOB, 725— relating to the carriage of digital television broadcast station is entitled to 17th Street, NW., Washington, DC 20503 television signals. Based on the record request carriage on cable systems or via the Internet to currently before us, we believe that the located within the station’s market. A [email protected]. statute neither mandates nor precludes station’s market for this purpose is its the mandatory simultaneous carriage of ‘‘designated market area,’’ or DMA, as FOR FURTHER INFORMATION CONTACT: both a television station’s digital and defined by Nielsen Media Research. A Eloise Gore at (202) 418–7200 or via analog signals (‘‘dual carriage’’). DMA is a geographic market designation internet at via internet at [email protected]. 3. On this point, we tentatively that defines each television market For additional information concerning conclude that, based on the existing exclusive of others, based on measured the information collection(s) contained record evidence, a dual carriage viewing patterns. The Act states that in this document, contact Judy Boley at requirement appears to burden cable systems with more than 12 usable 202–418–0214, or via the Internet at operators’ First Amendment interests activated channels must carry local [email protected]. substantially more than is necessary to commercial television stations, ‘‘up to SUPPLEMENTARY INFORMATION: This is a further the government’s substantial one-third of the aggregate number of summary of the Commission’s Report interests of preserving the benefits of usable activated channels of such and Order FCC 01–22, adopted January free over-the-air local broadcast system[s].’’ A cable operator of a cable 18, 2001; released January 23, 2001. The television; promoting the widespread system with 12 or fewer usable activated full text of the Commission’s Order is dissemination of information from a channels shall carry the signals of at available for inspection and copying multiplicity of sources; and promoting least three local commercial television during normal business hours in the fair competition in the market for stations, except that if such a system has FCC Reference Center (Room CY–A257) television programming. However, in 300 or fewer subscribers, it shall not be VerDate 11 subject to any requirements under this continued service to viewers who would FCC adopts new standards for broadcast section so long as such system does not otherwise be deprived of broadcast television signals, such as the delete from carriage by that system any service. Although the Commission authorization of broadcast HDTV, ‘‘it signal of a broadcast television station. stated that it would be considering the shall conduct a proceeding to make any Beyond this requirement, the carriage of scope and manner of cable carriage of change in the signal carriage additional television stations is at the digital broadcast signals in this requirements of cable systems needed to discretion of the cable operator. In proceeding, it discussed the cable ensure that cable systems will carry addition, cable systems are obliged to industry’s carriage obligations for future television signals complying with such carry local noncommercial educational digital television signals in the 700 MHz modified standards in accordance with television stations (‘‘NCE stations’’) Order. First, the Commission clarified the objectives of new section 614.’’ according to a different formula and that cable systems are ultimately 9. In the NPRM, we recognized that, based upon a cable system’s number of obligated to accord carriage rights to as a policy matter, the most difficult usable activated channels. local broadcasters’ digital signals. carriage issues arise during the Noncommercial television stations are Specifically, the Commission stated that transition because there will exist, for a considered qualified, and may request existing analog stations that return their temporary period, approximately twice carriage if they: are licensed to a analog spectrum allocation and convert as many television broadcast signals as community within fifty miles of the to digital are entitled to mandatory are now on the air. We noted that principal headend of the cable system; carriage for their digital signals toward the end of the transition period, or place a Grade B contour over the consistent with applicable statutory and there would be an increasing cable operator’s principal headend. regulatory provisions. The Commission redundancy of basic content between Cable systems with 12 or fewer usable also stated that to facilitate the the analog and digital signals as the activated channels are required to carry continuing availability during the Commission’s simulcasting the signal of one qualified local transition of the analog signal of a requirements are phased in. We noncommercial educational station; 13– broadcaster who is party to a voluntary recognized that, to the extent that the 36 usable activated channels are band clearing agreement with new 700 Commission imposes a dual carriage required to carry no more than three MHz licensees, such a broadcaster requirement, cable operators could be qualified local noncommercial could, in this context and at its own required to carry double the amount of educational stations; and more than 36 expense, provide its broadcast digital television signals, that will eventually usable activated channels shall carry at signal in an analog format for carriage carry identical content, while having to least three qualified local on cable systems. Specifically, the drop various and varied cable noncommercial educational stations. Commission stated that, in these programming services where channel Low power television stations, circumstances, nothing prohibits the capacity is limited. We sought comment including Class A stations, may request cable system from providing such on several carriage options that address carriage if they meet six statutory signals in an analog format to the needs of the broadcasters and the criteria. A cable operator, however, subscribers, in addition to or in place of concerns of the cable operators as well cannot carry a low power television the broadcast digital signal, pursuant to as the timing of mandatory digital station in lieu of a full power television an agreement with the broadcaster. broadcast signal carriage rules. These station. proposals included a range of 6. Cable operators are currently III. Carriage During the DTV Transition approaches from ‘‘immediate’’ or dual required to carry local television 8. The statutory provision triggering carriage, in which cable systems would stations on a tier of service provided to this rulemaking is found in section be required to carry both analog and every subscriber and on certain channel 614(b)(4)(b) of the Act. This section digital commercial television signals up positions designated in the Act. Cable requires that: to the one-third capacity limit; the operators are prohibited from degrading ‘‘either-or’’ proposal, in which At such time as the Commission prescribes a television station’s signal, but are not modifications of the standards for television broadcasters could choose must carry required to carry duplicative signals or broadcast signals, the Commission shall for either their analog or digital signals video that is not considered primary. initiate a proceeding to establish any changes during the transition years; and the ‘‘no Television stations may file complaints in the signal carriage requirements of cable must carry proposal,’’ under which with the Commission against cable television systems necessary to ensure cable digital signals would not have operators for non-compliance with carriage of such broadcast signals of local mandatory carriage rights during the sections 614 and 615. In addition, both commercial television stations which have transition period, but only when the cable operators and television stations been changed to conform with such modified transition is over. standards. may file petitions with the Commission 10. The broadcast industry generally to either expand or contract a There is little discussion of this urges the Commission to impose a dual commercial television station’s market provision in the Act’s legislative history. carriage requirement during the for broadcast signal carriage purposes. However, the House Report states that transition period to ensure that viewers These statutory requirements were ‘‘when the FCC adopts new standards have continued access to all available implemented by the Commission in for broadcast television signals, such as local television programming. In 1993, and are reflected in sections 76.56 the authorization of broadcast high contrast, NCTA and other cable industry through 76.64 of the Commission’s definition television (HDTV), it shall participants contend that digital must rules. conduct a proceeding to make any carry will ‘‘dictate technological 7. In a recent Memorandum Opinion changes in the signal carriage outcomes before the market is ready.’’ and Order regarding band-clearing of requirements of cable systems needed to Time Warner argues that if cable the 700 MHz spectrum (‘‘700 MHz ensure that cable systems will carry operators were required to carry digital Order’’) 65 FR 42879, Jul. 12, 2000 the television signals complying with such broadcast signals during the transition, Commission reiterated that cable modified standards in accordance with an operator’s channel line-up would carriage can play an important role as an the objectives of this section.’’ The consist of blank screens because most alternative distribution channel during Senate Committee Report describes the consumers will not have digital the transition period by providing provision as providing that when the television receivers or converters VerDate 11 allowing them to display digital signals television stations and qualified low power seeks carriage, the cable system must on their analog sets. Cable programmers stations as provided by this section. Carriage oblige regardless of whether the signal oppose a dual carriage requirement of additional broadcast television signals on is in an analog or digital format, and because they fear being dropped or such system shall be at the discretion of such provided that the station satisfies all operator, subject to section 325(b). being unable to gain carriage due to the other provisions of the Act and the addition of digital television signals to This section requires carriage for local Commission’s rules. a cable operators’ channel line-up. commercial stations subject to the other 16. We also disagree with NCTA’s 11. There was support for the ‘‘either- provisions of section 614. This section argument that section 624(f) of the Act or’’ proposal, particularly from the does not distinguish between analog prohibits us from requiring the carriage public interest community. The United and digital signals and supports the of digital television signals. This Church of Christ and other consumer argument that digital signals are entitled particular section forbids Federal advocates, filing jointly (‘‘UCC’’), to mandatory carriage. A similar agencies and others from requiring the believe that this middle-ground provision, section 615(a), requires content of cable services except as proposal, as it applies to commercial carriage of noncommercial stations, as expressly provided for in Title VI. Given television stations, is the ‘‘most market discussed more fully below. that Congress has spoken to the issue of friendly and statute friendly’’ solution. 14. More specific to this proceeding, digital broadcast signal carriage in They state that as penetration of digital section 614(b)(4)(B) provides that the section 614(b)(4)(B), and given such receivers increases, compatibility Commission ‘‘shall initiate a proceeding carriage is not barred under another between digital television receivers and to establish any changes in the signal statutory provision, digital broadcast cable equipment improves, and carriage requirements of cable television signal carriage fits within the express broadcasters finalize business plans for systems necessary to ensure cable requirement of section 614(a) and thus their new digital signal, each carriage of such broadcast signals of is ’expressly authorized’ within the broadcaster can decide which of its local commercial television stations meaning of section 624(f). As such we signals it would prefer to be carried. which have been changed to conform do not believe that the Commission is UCC believes this option will help with such modified standards.’’ outside the scope of its authority to speed the transition to digital, preserve Commenters offer differing impose such requirements simply local broadcasting, and avoid interpretations of this section. NAB and because the signals in question are in a duplicative signals that reduce other broadcasters argue that section digital rather than in an analog format. diversity. 614(b)(1)(B) neither distinguishes 12. After reviewing the extensive between digital and analog signals nor B. Noncommercial Television Stations comments on the central issue of dual establishes a transition period. 17. The importance of ensuring that carriage during the transition period, we Therefore, they contend, both should be noncommercial educational stations are find it is unjustified for the Commission carried simultaneously and accessible to the viewing public is to act at this time in light of the immediately. In contrast, NCTA and consistently emphasized in the Act constitutional questions the subject others in the cable industry argue that itself and its legislative history. Indeed, presents, including the related issues of the phrase, ‘‘which have been changed,’’ the Act mandates that cable operators economic impact. We need further means that cable operators should be devote additional channel capacity for information on a range of issues, required to carry digital signals only the carriage of noncommercial including cable system channel capacity when analog signals have been changed educational television stations and digital retransmission consent to digital signals, i.e., when the (‘‘NCEs’’). Congress found ‘‘a substantial agreements to build a substantial record broadcasters no longer have both. NCTA governmental and First Amendment upon which to develop the best policy further argues that the Commission may interest in ensuring that cable for the various entities impacted in this not order mandatory carriage of both the subscribers have access to local area. Notwithstanding our decision to DTV and analog signals during the noncommercial stations.’’ obtain further comment on these transition period because the 18. As stated above, section matters, it is important to clarify that Commission is not expressly authorized 614(b)(4)(B) requires the Commission to broadcast stations operating only with to do so in the Act, and, based on initiate a proceeding to establish any digital signals are entitled to mandatory section 624(f), the Commission’s changes in the signal carriage carriage under the Act. We find that the authority may not be inferred. We do requirements of cable television systems burden on a cable operator to carry such not accept the arguments of either those that are necessary ‘‘to ensure cable stations is de minimis, with regard to commenters who say that the statute carriage of such broadcast signals of new digital-only stations, and is forbids dual carriage; nor those who local commercial television stations essentially a trade-off in the case of a argue that the statute compels dual *** ’’ (emphasis added). In the NPRM station substituting its digital signal in carriage. we asked how, if at all, carriage rights the place of its analog signal. To 15. With respect to carriage of digital- for digital noncommercial educational implement this clarification, we amend only signals, we do not agree with stations are affected given that they are § 76.5, the definition of television NCTA’s interpretation to the extent that not explicitly discussed in this section. broadcast station, and specifically it is intended to suggest that this section 19. We believe that the government’s include the digital television Table of requires a television station to wait until interest in ensuring the availability of Allotments found at § 73.622 of the the end of the transition period before local noncommercial educational Commission’s rules. seeking digital signal carriage. There is television on cable systems is manifest. nothing in the plain language of the Section 615(a) states that ‘‘[E]ach cable A. Commercial Television Stations statute or the legislative history to operator of a cable system shall carry 13. Section 614(a) of the require such a restrictive reading. the signals of qualified noncommercial Communications Act of 1934, as Indeed, as we noted above, section educational television stations in amended, provides: 614(a), which imposes carriage accordance with the provisions of this Carriage Obligations.—Each cable operator obligations on cable systems, does not section.’’ Section 615(a) does not shall carry, on the cable system of that distinguish between digital and analog distinguish between digital and analog operator, the signals of local commercial signals. Thus, when a television station signals with regard to the ‘‘signals’’ that VerDate 11 must be carried. The Act does not this matter is tied to the dual carriage rights; for those signals, as well as the contain any words or provisions issue, we decline to address the merits transitional digital signal, the Act specifically excluding the carriage of of AAPTS’s Grade B argument at this simply does not provide for a choice. NCE digital television signals. The juncture. 25. With regard to those stations that legislative history of the Act is also simultaneously broadcast analog and IV. Retransmission Consent Issues devoid of any language suggesting that digital television signals, we conclude Congress intended to deny mandatory 22. Section 325 contains the Act’s that a broadcaster is permitted to treat carriage to digital NCE station signals. In retransmission consent provisions. The the two differently for carriage addition, there is an implication in law governing retransmission consent purposes. That is, a television station section 336 and its legislative history generally prohibits cable operators and may choose must carry or that Congress intended the Commission other multichannel video programming retransmission consent for its analog to address all must carry issues in the distributors from retransmitting the signal and retransmission consent for its section 614(b)(4)(B) proceeding, signal of a commercial television station digital signal. This policy approach is including those relating to unless the station whose signal is being taken under section 325(b)(1)(A) of the noncommercial educational stations transmitted consents or chooses Act, rather than section 325(b)(1)(B), covered by section 615. Section 336 mandatory carriage. Every three years, because we do not resolve the dual applies only to advanced (digital) analog commercial television stations carriage question at this time. This television services; it has no application must elect to either grant retransmission policy permits the same broadcaster to in the analog context. Section 336(b)(3) consent or pursue their mandatory negotiate a retransmission consent specifies that ancillary and carriage rights. agreement for some or all of its digital supplementary services have no 23. The NPRM raised numerous signal, if that is what it desires. Our mandatory carriage rights under section issues related to retransmission consent decision here is intended to further the 614 or 615, which necessarily that can be resolved in this Report and digital transition because we believe contemplates some consideration of Order. The issues are as follows: cable operators would be more willing must carry under section 615 for whether separate retransmission to carry certain streams of digital noncommercial educational stations. consent/must carry elections are content or ancillary or supplementary The legislative history of the conference permitted for the analog and digital data if it is offered by a particular agreement for this section states: ‘‘With signals of a broadcast station; whether television station, even if that station respect to (b)(3), the conferees do not the timing of the election cycle must be chose must carry for its analog signal. intend this paragraph to confer must modified; whether a broadcaster may We believe this scenario would be carry status on advanced [digital] agree to partial carriage of its digital precluded if we were to prohibit a television or other video services offered signal; whether the digital replacement station from making such a selection. on designated frequencies. Under the signals for analog superstations should 26. We also find that DTV-only 1992 Cable Act, that issue is to be the be treated as new signals for purposes stations may choose either subject of a Commission proceeding of the retransmission consent provisions retransmission consent or mandatory under section 614(b)(4)(B) of the or should have the same status as the carriage like their analog counterparts. Communications Act.’’ The most logical ones they replace; whether to extend the The retransmission consent rules and inference is that Congress contemplated prohibition on analog exclusive regulations contained in § 76.64 would that the Commission would address the retransmission consent agreements to likewise apply to digital broadcast issue of must carry for digital signals in the digital context; whether the television signals. the proceeding authorized by section Commission should prohibit analog- 27. Modification of the Election Cycle. 614(b)(4)(B), which would cover both digital signal tying arrangements; and In the NPRM, we indicated that the Act local commercial and noncommercial the status of NCE stations under section requires local commercial television television stations. 325. stations to elect either must carry or 20. We therefore find that the digital 24. Separate Analog and Digital retransmission consent on a triennial signals of NCE stations are to be treated Carriage Agreements. Prior to the NPRM basis. We noted that new television like their commercial counterparts for in this docket, many broadcasters stations can make their initial election cable carriage purposes. Thus, NCE commented that the retransmission anytime between 60 days prior to stations that broadcast only in digital consent process should apply separately commencing broadcast and 30 days after are entitled to immediate carriage by to the analog and digital broadcast commencing broadcast with the initial cable systems, subject to the parameters signals. Commenters argued that election taking effect 90 days after it is set forth in section 615 of the Act and separate must carry/retransmission made. We asked whether the existing the relevant Commission orders. And, consent elections should be allowed. In cycle should be altered to accommodate like our decision with regard to the NPRM, we renewed this inquiry. the introduction of digital television or commercial television stations, we NAB argues that a television station is if we should apply the current ‘‘new decline to address the dual carriage entitled to separate elections because of station’’ rule to digital signals. Pappas issue for NCE stations in this phase of the different level of bargaining power submits that a station commencing the proceeding. between the broadcaster and the cable digital operations during the middle of 21. AAPTS argues that the operator with regard to each signal. an election cycle should be treated as a Commission should clarify the NCTA asserts that a broadcaster’s digital new station and permitted to make its qualifying statutory term, ‘‘Grade B signal is not entitled to must carry rights election for the DTV transmission at any Service Contour.’’ AAPTS asserts that during the transition: therefore, as long time between the 60th day prior to this provision should be read to refer to as a licensee is transmitting an analog commencement of such transmissions a station for which either the Grade B signal, its digital signal can only be and the 30th day thereafter. We believe service contour of the station or its carried pursuant to retransmission that the Commission’s existing new digital coverage contour, whichever is consent. NCTA states that, in this station rules should be used in the larger, encompasses the principal respect, the digital signal is no different digital carriage context. The existing headend of the cable system on which from any other signal, such as a distant requirements are non-controversial and the station seeks carriage. Given that television signal, that has no must carry both cable operators and broadcasters VerDate 11 are well accustomed to their use. Thus, is not eligible under the provisions of carrier on May 1, 1991. This provision’s for television stations broadcasting only section 614, either because it is not a legislative history states that an a digital signal, the current rules local commercial broadcast signal or it exemption from retransmission consent applicable to new analog signals would does not qualify for mandatory carriage. was necessary ‘‘to avoid sudden apply. Our holding here would also In interpreting the statute in 1994, the disruption to established relationships’’ apply to new digital-only Commission noted that the statutory between superstations and satellite noncommercial television signals, even language would appear to permit carriers. United Video has explained though they are not specifically covered broadcasters to negotiate with cable that the exemption permits it to by § 76.64 of the Commission’s rules. operators for retransmission consent for continue to uplink superstations signals 28. Retransmission Consent any part of their signal. The and transmit them to cable operators Agreements for Partial Digital Signal Commission found that some negotiated and other facilities-based multichannel Carriage. In the NPRM, we recognized partial carriage was clearly permitted video providers. We will treat the digital that in the analog context ‘‘any based upon the language in section 325 signals of superstations the same as broadcast station that is eligible for must but concluded that, as a matter of their analog signals for retransmission carry status, although it may be carried policy, the statutory provisions should consent purposes. If the analog signal pursuant to a retransmission consent be read in concert to require carriage of was exempt from section 325, it follows agreement must * * * be carried in the ‘‘must-carry qualified stations’’ in their that the station’s digital signal is also entirety, unless carriage of specific entirety even in the context of exempt. We believe that maintaining the programming is prohibited * * * retransmission consent. We adopt a status quo and tracking the Act’s pursuant to our rules.’’ We stated, different approach here because the original intent will permit video however, that it may be desirable to statute gives the Commission flexibility program distributors to continue to allow partial carriage of digital signals to devise new rules for digital carriage uplink superstation signals and provide pursuant to the retransmission consent when necessary. We believe that in the them to cable operators and their process if that is what the parties agree case of digital signal carriage, the subscribers. This policy may speed the to. ALTV argues that permitting cable provisions should be read to permit the transition, and the purchase of digital operators to negotiate for partial carriage parties to freely negotiate for partial television equipment, because cable of DTV signals would place broadcasters carriage in the context of retransmission operators may transmit digital in an untenable position because cherry consent. The goal of facilitating the superstations into markets where a full picking of programming would harm the transition to digital signals is furthered array of digital television services may underlying economics of free, over-the- by this interpretation because cable be lacking. air television. Morgan Murphy asserts operators are likely to negotiate 31. Prohibition on Exclusive that, in the event a broadcaster elects a retransmission consent agreements with Agreements. In the Must Carry Order, multicasting format for its DTV signal, more stations if carriage of something we specifically prohibited exclusive retransmission consent should apply to less than the full complement of a retransmission consent agreements the entire digital signal not for each broadcaster’s digital signal is permitted. between television broadcast stations programming stream. This outcome may accelerate the digital and cable operators. Congress recently 29. We conclude that for purposes of transition in many markets. In arriving codified the Commission’s exclusive promoting the transition and at this determination, we considered retransmission consent prohibition as encouraging voluntary cable carriage of one of the many amendments to section that prohibiting partial carriage in the broadcast digital signals when a 325 under the SHVIA. The Act now context of retransmission consent would television station chooses states that a broadcaster cannot enter not only discourage voluntary carriage retransmission consent, the broadcaster into an exclusive retransmission of programming subject to mandatory and cable operator may negotiate for consent arrangement with any MVPD carriage, but would also be likely to partial carriage of a local digital until 2006. We have recently preclude the carriage of desirable television signal. ‘‘Partial’’ carriage may implemented the statutory ban on programming streams or data services be considered in any number of ways, exclusive arrangements. Consistent with that are not subject to mandatory including hours, bits or programming the new provision and rule, we apply carriage. We do not find ‘‘cherry streams. We believe that this policy, the current prohibition on exclusive which applies to digital-only television picking’’ to be a major concern, as ALTV retransmission consent agreements to stations and television stations with believes, as long as the cable operator negotiations involving the carriage of both analog and digital signals, will has the broadcaster’s permission to digital television broadcast signals until benefit both parties and help to select which programming will be January 1, 2006. accomplish the Congressional goal of carried. We conclude that permitting 32. Retransmission Consent Tying transitioning to digital television. In this partial carriage in the context of Arrangements. With regard to instance, the broadcaster gains access to retransmission consent is appropriate at retransmission consent and its effect on cable subscribers for some part of its least for the duration of the transition. small cable operators, the NPRM asked signal, and the cable operator can When the transition is completed or whether the Commission should conserve channel capacity and carry substantially underway, we can prohibit ‘‘tying’’ arrangements, in which that programming which it believes consider whether partial carriage the broadcaster requires the operator to subscribers will want. We note that this continues to be necessary to facilitate carry the broadcaster’s digital signal as policy is a departure from the carriage of digital signals over the long a precondition for carriage of the analog Commission’s analog carriage rules that term. signal. The Small Cable Business require a cable operator to carry local 30. Retransmission Consent Association (‘‘SCBA’’) states that television signals in their entirety. In Exemption for Superstations. Section unregulated analog retransmission 1994, the Commission interpreted 325(b)(2)(D) exempts cable operators consent demands, and tying in section 325 to provide that broadcasters from the obligation to obtain particular, pose a major threat to small may bargain with cable operators for the retransmission consent from cable’s financial viability. To remedy right to carriage of any part of the superstations whose ‘‘signals’’ were the situation, SCBA urges the broadcast signal only when such station available by a satellite or common Commission to prohibit broadcasters VerDate 11 from tying analog carriage to digital more than 12 usable activated channels, provide up to 27 mbps of digital carriage. shall not have to devote more than bandwidth. That would mean a 6 MHz 33. While we acknowledge the ‘‘one-third of the aggregate number of bandwidth in such a cable system can important concerns raised by SCBA, we usable activated channels’’ for the carry a 19.4 mbps HDTV channel and will not adopt rules specifically carriage of commercial television still be able to provide other video or prohibiting tying arrangements at this stations. Despite this language, there is data services with the remaining 7.6 time. In coming to this conclusion, we some dispute as to how the terms megabits in that same 6 MHz recognize that substantial evidence must ‘‘usable activated channels’’ and ‘‘cable bandwidth. See also Newton’s Telecom be presented to support a claim that a system capacity’’ should be defined in Dictionary, 11th ed., July 1996. One tying arrangement exists and that the the digital context. We requested third of this capacity, defined in operator suffers harm as a result. comment on the definition of ‘‘usable megahertz, is the limit on the amount of Without proof to support the case, it is activated channels’’ for digital television system spectrum that a cable operator difficult for the Commission to carriage purposes. We noted that many must make available for commercial formulate an appropriate remedy. We cable operators now have, or soon will broadcast signal carriage purposes. also note that broadcasters now must have, the technical ability to fit several Carriage requests would then have to be bargain in good faith with small cable programming services into one 6 MHz accommodated to the extent of this limit operators, or any other MVPD, under cable channel. Thus, we asked how in whatever format and by whatever recent revisions to the retransmission advances in signal compression technique is appropriate and is consent rules pursuant to amendments technology should affect the definition otherwise consistent with the rules. We promulgated under the SHVIA. One of channel capacity. We also asked believe, out of the options presented in example of a bargaining proposal whether the one-third channel capacity the NPRM, this is the easiest for the presumptively consistent with the good requirement for digital broadcast operator to calculate. While a faith negotiation requirement is a television carriage purposes means one- calculation based on programming or proposal for carriage of the analog third of a cable operator’s digital bits may be possible, both are more broadcast signal conditioned on carriage channel capacity or one-third of all 6 difficult than the megahertz method to of any other broadcaster-owned MHz blocks, including both the analog quantify cable capacity for purposes of programming stream, such as the digital and digital channels. the one-third statutory cap. In a digital signal. While such arrangements are 36. Under the Act, a cable operator environment, as cable operators now permitted, we will continue to must make available for signal carriage reallocate spectrum from analog to monitor the situation with respect to purposes up to one-third of its usable digital, the digital programming and bit potential anticompetitive conduct by activated channels. Because of the carrying capacity of the cable system broadcasters in this context. If, in the development of digital signal processing changes. The concept of bits and bit future, cable operators can demonstrate and signal compression technologies, rates is applicable to digital harm to themselves or their subscribers the number of video services carried on programming signals, but not to analog due to tying arrangements, we will be in a cable system is no longer a simple programming signals. Thus, there is no a better position to consider appropriate calculation and may change way to express the part of a cable courses of action. dynamically over time depending on the system’s capacity attributable to analog 34. NCE Stations. Section 325 of the amount of motion in the video content, programming in terms of bits. Therefore, Act expressly states that NCE stations the amount of compression that takes neither programming nor bits provide a place, and whether the service in do not have retransmission consent constant that can easily be applied to question is carried in a standard or high rights. As such, an NCE station cannot determine channel capacity. In contrast, definition digital format. We have taken withhold its signal from being carried the number of megahertz employed by these developments into consideration by any MVPD. An NCE station, a cable system stays constant and does in revising the channel capacity however, is free to negotiate with cable not vary as the allocation of spectrum systems and other MVPDs for voluntary determination. 37. The channel capacity calculation from analog to digital progresses. carriage. In the digital context, an NCE can be made by taking the total usable 38. To determine the one-third cap for station may multiplex its digital signal activated channel capacity of the system broadcast signal carriage purposes, the and air several video programming in megahertz and dividing it by three. first step is to determine the number of streams at once. In this regard, we note Megahertz (‘‘MHz’’) is a unit of ‘‘usable activated channels’’ on the that an NCE station, because it is not frequency denoting one million Hertz or cable system. ‘‘Activated channels’’ covered by section 325, may enter into one million cycles per second and is would continue to be defined by an exclusive digital carriage closely tied to bandwidth. The § 76.5(nn), per section 602(1) of the Act, arrangement for any service it may offer telecommunications bandwidth is as those channels engineered at the or any programming stream that is not typically measured in Hertz for analog headend of a cable system for the subject to a mandatory carriage communications. For example, an provision of services generally available requirement under section 615 and our analog NTSC television channel to residential subscribers of the cable findings herein. Against this backdrop, occupies a bandwidth of 6 MHz. In system, regardless of whether such we expect cable operators and other digital communications, bandwidth is services actually are provided, MVPDs to participate in discussions typically measured in bits per second including any channel designated for with NCE stations concerning the identified by a specific method of public, educational or governmental voluntary carriage of their digital encoding. For example, an HDTV use. ‘‘Usable activated channels,’’ would broadcast signals. channel encoded in 8 VSB, would continue to be defined by § 76.5(oo), per V. Digital Broadcast Signal Carriage occupy a digital bandwidth of about section 602(19) of the Act, as those Requirements 19.4 megabits per second (‘‘mbps’’) activated channels of a cable system, which, in turn, would require a 6 MHz except those channels whose use for the A. Channel Capacity bandwidth. In digital cable operations, distribution of broadcast signals would 35. Definition. Section 614(b)(1)(B) where a 64 QAM encoding technique is conflict with technical and safety provides that a cable operator, with used, that same 6MHz bandwidth can regulations. Thus, this calculation VerDate 11 includes but is not limited to the cable are counted as part of the one-third cap television set continues to display a spectrum used for internet service, pay- calculation. This policy of counting good picture, but then may abruptly per-view and video-on-demand, and retransmission consent stations will turn blue when the signal strength drops telephony. Next, the number of usable continue to apply in the digital carriage below a certain threshold. This is activated channels is expressed in context. known as the ‘‘cliff effect.’’ That is, if a megahertz and then divided by three to 40. NCE Stations. We recognize that signal is received, a good quality picture determine the one third cap. For the carriage of NCE stations is not can be constructed at the television example, if a cable system’s downstream included in the one-third statutory cap. receiver; however, once the signal falls operation begins at 54 MHz and Instead, a cable operator’s carriage below a minimum signal level continues through 550 MHz, but 50 obligations are based on the number of threshold, no picture can be MHz is unactivated, the total amount of channels on a particular cable system. reconstructed or displayed by the usable channels on a system-wide basis Generally, cable systems with 12 or television receiver. Against this is 446 MHz (i.e. 550 MHz-54 MHz-50 fewer activated channels shall carry 1 backdrop, we believe it is necessary to MHz). One-third of this figure, qualified NCE; cable systems with 13– develop a new reception standard aptly approximately 149 MHz in this 36 channels shall carry up to 3 qualified suited to the new digital technology example, is the maximum amount of NCEs; and cable systems with 36 or used to transmit digital television megahertz to be used for the carriage of more activated channels shall carry 3 or signals. local commercial television signals for more qualified NCEs. We see no reason 43. We conclude that the signal level such a system. A cable operator must to depart from the existing rules necessary to provide a good quality provide each local television station that regarding NCE carriage. As such, cable digital television signal at a cable is entitled to mandatory carriage with a systems with the capacity to carry 36 or system’s principal headend is ¥61 sufficient amount of capacity to carry its more channels will be required to carry dBm. We continue to believe that the primary digital video signal. The 3 or more qualified NCE stations, principal headend should remain the amount of capacity devoted to carriage subject to the other provisions of the Act location for signal quality testing purposes for each television station will and our rules. purposes because that is the single change as an operator upgrades to a B. Signal Quality location where all available signals can digital cable standard. For example, a be uniformly measured and compared. 41. Section 614(h) of the Act specifies cable operator with an analog-based We arrive at this minimum signal level that, to qualify for carriage, stations cable system would devote 6 MHz of by using the following planning factors: must deliver a good quality signal to the bandwidth to the carriage of a high principal headend of the cable system. Thermal Noise in 6 MHz bandwidth definition television signal, but a cable ¥ For local commercial television stations, Nt 106.2 dBm operator using the 64 QAM digital this is defined as a signal level of ¥45 Receiver Noise Figure format may only have to devote 4 MHz dBm for UHF signals and ¥49 dBm for Nf 10.0 dB to the carriage of that same high VHF signals. The Act delegated to the Required Carrier to Noise Ratio definition signal. Commission the authority to establish C/N 15.2 dB 39. Carriage Priority. In the NPRM, we good quality signal criteria for low Propagation and implementation margin recognized that when the one-third power television stations and for M 20.0 dB capacity limit has been reached, section Receiver input qualified local noncommercial ¥ 614(b)(2) provides that ‘‘the cable educational television stations. We held = (Nt+Nf+C/N+M)= 61 dBm operator shall have discretion in that the commercial television station We believe that providing for a 20 dB selecting which such stations shall be definition of good quality signal be propagation variability and signal carried on its cable system.’’ We applied in the same manner to impairment margin (‘‘margin’’) above tentatively concluded that this statutory noncommercial and LPTV television the minimum signal-to-noise ratio is directive would continue to apply in the stations under the UHF/VHF paradigm. sufficient to handle most over the air digital context. In the alternative, we 42. In the NPRM, we asked whether transmission disturbances encountered asked whether it would be desirable to the signal quality standards established by a DTV signal at a cable system adopt carriage priority rules. ALTV, for analog signals are relevant for digital headend. These disturbances will likely Trinity, and Univision emphasize that if signals or whether new parameters for include signal impairments such as the one-third cap remains in place, a good signal quality should be multipath, impulsive (manmade) noise, station’s analog signal should not be established. No commenters addressed and co-channel and adjacent channel displaced in order to accommodate a this issue. Absent comment for or interference. The video and audio DTV signal. Sinclair asserts that in those against either alternative, we undertook quality of a digital television signal instances in which carriage of all analog our own analysis relying on the digital remain good as long as the signal-to- and DTV stations would occupy more engineering methods and expertise noise ratio is in excess of the minimum than one-third of such cable systems’ developed in other proceedings. We signal-to-noise ratio applicable to the capacity, the Commission should note that in adopting the digital transmission system after consideration forbear from applying this limit and television transmission standard, the of the summation of all noise factors require full carriage of these broadcast Commission recognized the differences (such as channel and manmade noise, signals. We find that the Act provides a between analog and digital television noise generated by multipath cable operator with discretion to choose signals. The analog NTSC transmission cancellation, receiver noise, and co- which signals it will carry if it has met standard is engineered so that even channel interference). The tradeoff table its carriage quota. Thus, a cable operator when a station’s signal strength slowly in § 73.623(c)(3)(ii) is an example of the should be able to select which signals to decreases, a television set is still able to relationship of signal margin to one type carry above the one-third limit. Under display the video and audio of interference: Analog signals on the the existing carriage structure, all local components, albeit at a degraded level. same frequency. The table shows that, commercial television signals that are On the other hand, under the DTV as the margin increases, the strength of carried, whether they have chosen transmission standard, as the station’s the desired signal can be much less retransmission consent or must carry, signal level decreases, the digital when compared to the strength of the VerDate 11 interfering signal, and still produce content in some manner or completely applicability to ‘‘advanced television good quality video and audio. The separate from it. services’’ provides that ‘‘no ancillary or primary source of erosion of the signal 46. A critical component of digital supplementary service shall have any margin will be propagation variations of broadcast television is the program and right to carriage under section 614 or the received signal level with time. system information protocol (‘‘PSIP’’). 615.’’ These variations result in what is PSIP is a requirement for broadcasters 48. In the NPRM, we asked how we generally called signal fading. However, using the ATSC standard, however, it is should define ‘‘primary video’’ if a we believe that these variations of the not required by the Commission. This is broadcaster chooses to broadcast received signal level and the amount of the standard protocol for transmission multiple standard definition digital signal impairments cumulatively, of the relevant data tables, describing television streams, or a mixture of high should be significantly less than the system information and event definition and standard definition allowed 20 dB margin. We believe that descriptions, contained within digital digital television streams, as is when a signal level of ¥61 dBm is packets carried in the digital broadcast permitted under the rules. We sought delivered to the cable system headend, transport stream multiplex. System input on which video programming the signal will be of sufficient strength information allows navigation of, and services provided by a licensee should that the cable operator can deliver a access to, each of the channels within be considered primary and should be good quality picture to its subscribers. A the transport stream, whereas event entitled to carriage if the primary video television station that does not agree to descriptions give the user content includes less than all of the streams of be responsible for the costs of delivering information for browsing and selection. programming broadcast. We asked to the cable system a signal of good PSIP is composed of four main tables: whether the definition should be quality, under the revised standard, is system time table; ratings region table; flexible, allowing the broadcaster to not eligible for carriage. master guide table; and virtual channel choose which transmissions it considers table. The latter table is of particular being primary. C. Content of Signals Subject to importance in the carriage context 49. Many commenters argue for an Mandatory Carriage because it contains a list of all the expansive approach to the classification 44. We now address the specific channels that are or will be on-line, plus of primary video during the transition that would include much of a content of a digital television signal that their attributes. Among the attributes are broadcaster’s digital programming. is subject to the mandatory carriage the channel name, navigation ALTV argues that if a licensee obligation. We note that analog identifiers, and stream components and broadcasts several channels of free over- broadcast stations generally have one types. PSIP allows the broadcaster to the-air standard definition programs, all video broadcast product. That is, only a customize information to guide viewers of these channels should be considered single program is broadcast at a time to channel numbers they are familiar to be the primary video transmission of and that program is the main feature of with. 47. Primary Video. In the analog the station. NAB states that there can be the broadcast. Only a relatively minor context it is clear that a cable operator no primary or main program since amount of communications capacity is subject to a mandatory carriage carriage of a full broadcast signal, available apart from that program obligation is not required to carry all of including multiplexed program streams, transmission. Some capacity is available the communications output of a will enable a viewer to switch between in the vertical blanking interval (‘‘VBI’’) television broadcast station. Three channels within a given program. for the transmission of communications provisions of the Act provide the main AAPTS asserts that all ‘‘mission- that are separate from, but related to, the focus of the arguments regarding this related’’ programming streams principal video output or are unrelated question in the context of digital transmitted by a public television to that content. The related content is broadcast signal carriage. First, section station should be regarded as primary typically closed captioning and program 614(b)(3) of the Act entitled ‘‘Content to and subject to mandatory carriage. rating information. The unrelated be Carried,’’ states that a cable operator Ameritech argues to the contrary, that content would be typified by videotext shall carry in its entirety the ‘‘primary the statutory language limiting must or data-type communications. video’’ of the station. Second, it requires carry to a broadcaster’s primary video 45. Digital television stations will carriage of the ‘‘accompanying audio’’ indicates that Congress did not intend to operate on a much more flexible basis. and ‘‘line 21 closed caption require cable operators to carry all the The system described in the ATSC DTV transmission’’ of each station. Third, the material a station transmits. Time Standard includes discrete subsystem operator must carry ‘‘to the extent Warner argues that a station’s analog descriptions, or ‘‘layers,’’ for video technically feasible, program-related signal is the primary video during the source coding and compression, audio material carried in the vertical blanking transition and only when a broadcaster source coding and compression, service interval or on subcarriers.’’ The statute surrenders its analog frequency and multiplex and transport, and RF/ is specific that ‘‘Retransmission of other engages exclusively in digital transmission. In addition to being able material in the vertical blanking interval transmissions will its digital signal to broadcast one, and under some or other nonprogram-related material become the ‘‘primary video’’ circumstances two, high definition (including teletext and other transmission and thus eligible for any digital television programs, the standard subscription and advertiser-supported post-transition must carry requirements allows for multiple streams, or information services) shall be at the adopted by the Commission. ‘‘multicasting,’’ of standard definition discretion of the cable operator.’’ 50. We recognize that the terms digital television programming at a Section 614 is applicable to the carriage ‘‘primary video’’ as used in sections visual quality better than the current of commercial stations. Largely parallel 614(b)(3) and 615(g)(1) are susceptible NTSC analog standard. Multiple provisions are contained in section 615 to different interpretations. Because the programming streams may be broadcast relating to the carriage of terms are not expressly defined in the at the same time or with a variety of noncommercial stations. In addition to Act, to determine the meaning, we data streams accompanying the main the provisions that are not specific to analyze the terms ‘‘primary video’’ video content. These data streams may digital television broadcasting, section within their statutory context, consider be either associated with the video 336(b)(3) of the Act which has specific the legislative history, and examine the VerDate 11 technological developments at the time multiplexing, the legislative history supplementary.’’ Section 614(b)(3) of the must carry provisions were enacted. indicates that Congress understood that the Act requires cable operators to carry 51. The term primary video, as found HDTV was ‘‘not limited to improved ‘‘to the extent technically feasible, in sections 614 and 615 of the Act, resolution clarity, and color parity in a program-related material carried in the suggests that there is some video that is television image, or large television vertical blanking interval or on primary and some that is not. In this sets.’’ Rather, Congress recognized that subcarriers’’ but states that instance, we rely on the canon of ‘‘[t]his advanced technology has the ‘‘[r]etransmission of other material in statutory construction that effect must potential to open new and expanded the vertical blanking interval or other be given to every word of a statute and markets for the components of advanced nonprogram-related material (including that no part of a provision will be read television systems (such as teletext and other subscription and as superfluous. Here, we must give semiconductors, fiber optics, and flat advertiser-supported information effect to the word ‘‘primary.’’ The screen displays), and to enhance the services) shall be at the discretion of the dictionary definitions of ‘‘primary’’ are integration of the television and cable operator.’’ We sought comment on ‘‘First or highest in rank, quality, or computer industries.’’ possible ancillary and supplementary importance’’ and ‘‘Being or standing 54. Based on the record currently definitions that were consistent with the first in a list, series, or sequence.’’ Based before us, we conclude that ‘‘primary language of section 614(b)(3). Paxson on the plain words of the Act, we video’’ means a single programming states that the Commission should limit conclude that, to the extent a television stream and other program-related the definition of ancillary or station is broadcasting more than a content. With the advent of digital supplementary services to those for single video stream at a time, only one television, broadcast stations now have which viewers pay subscription fees or of such streams of each television the opportunity to include in their video for which the broadcaster receives station is considered ‘‘primary.’’ The service a panoply of program-related compensation from non-advertising choice as to which, among several content. Indeed, far more video content third parties, thereby establishing possible video programming streams, is possible broadcasting a digital signal mandatory carriage for free over-the-air should be considered primary is a than broadcasting in an analog format. local multicasting. On the other hand, decision left to the broadcaster. For example, a digital television Time Warner argues that all digital 52. The legislative history does not broadcast of a sporting event could video programming, other than the definitively resolve the ambiguity include multiple camera angles from ‘‘main’’ signal which the Commission regarding the intended application of which the viewer may select. The requires the broadcaster to transmit, are the term ‘‘primary video’’ as used in this statute contemplates and our rules ancillary and supplementary. context. The legislative history does require that cable operators provide 56. With respect to the definition of indicate, however, that the must carry mandatory carriage for this program- ancillary and supplementary services, provisions were not intended to cover related content. In contrast, if a digital the Commission’s DTV Fifth Report and all uses of a signal. Specifically, the broadcaster elects to divide its digital Order states that ancillary and legislative history provides that spectrum into several separate, supplementary services include ‘‘any [c]arriage of other program-related independent and unrelated service provided on the digital channel material in the vertical blanking interval programming streams, only one of these other than free, over-the-air services.’’ and on subcarriers or other streams is considered primary and Section 73.624(c) of the Commission’s enhancements of the primary video and entitled to mandatory carriage. The rules specifies that ‘‘any video broadcast the audio signal (such as teletext and broadcaster must elect which signal provided at no direct charge to other subscription and advertiser- programming stream is its primary viewers shall not be considered supported information) is left to the video, and the cable operator is required ancillary or supplementary.’’ While not discretion of the cable operator. The to provide mandatory carriage to only defining the class exhaustively, legislative history further states that the such designated stream. While we do § 73.624(c) indicates that ancillary and ‘‘Committee does not intend that this not believe that Congress specifically supplementary services include, but are [must carry] provision be used to contemplated programming of the type not limited to, ‘‘computer software require carriage of secondary uses of the described above (i.e., data or video that distribution, data transmissions, broadcast transmission, including the is separate from but associated with the teletext, interactive materials, aural lease or sale of time on subcarriers or primary video) in drafting section messages, paging services, audio signals, the vertical blanking interval for the 614(b)(3), the policies underlying this [and] subscription video [video creation or distribution of material by section are consistent with our programming for which the broadcaster persons or entities other than the conclusion here in the context of digital charges a fee]. * * *’’ Section 73.646 of broadcast licensee.’’ signal carriage. Based on the language in the Commission’s rules states that 53. We note that the incorporation of 614(b)(3), Congress was concerned that telecommunications services provided the primary video construct into the Act mandatory carriage be limited to the on the vertical blanking interval (‘‘VBI’’) in 1992 was reasonably broadcaster’s primary program stream or in the visual signal, in either analog contemporaneous with the gradual but also include related content as or digital mode, are ancillary. Based on change in common understanding of the described here. In the FNPRM, the foregoing, we find that the services new television service from ATV published elsewhere in this issue of the specified in §§ 73.624(c) and 73.646 are (advanced television) and HDTV (high Federal Register we seek comment on ancillary or supplementary in the definition television)—which focused the appropriate parameters for context of digital cable carriage and are on improving the technical quality of ‘‘program-related’’ in the digital context. not entitled to mandatory carriage. traditional analog NTSC television—to 55. Ancillary and Supplementary 57. In addition, we believe there may DTV (digital television) with the ability Services. Section 336 of the Act be certain services associated with to broadcast high definition television, provides that ‘‘no ancillary or broadcast digital video programming SDTV (standard definition television) supplementary service shall have any that while not ancillary or with multicasting possibilities, as well right to carriage under section 614 or supplementary, would still not be as the broadcast of non-video services. 615.’’ Neither the Act nor the legislative entitled to mandatory carriage because Although silent on the issue of history define the terms ‘‘ancillary or they are not program related. Currently, VerDate 11 in addition to a broadcaster’s primary are watching the video signal. Second, 62. Program Access. Section 336 of analog video programming, section the VBI information must be available the Act states that ‘‘no ancillary or 614(b)(3) requires cable operators to during the same interval of time as the supplementary service shall * * * be carry ‘‘to the extent technically feasible, video signal. Third, the VBI information deemed a multichannel video program-related material carried in the must be an integral part of the program. programming distributor for purposes of vertical blanking interval or on The court in WGN held that if the section 628.’’ Section 628 contains the subcarriers * * *’’ However, information in the VBI is intended to be program access requirements pursuant ‘‘[r]etransmission of other material in seen by the viewers who are watching to which multichannel video the vertical blanking interval or other the video signal, during the same programming distributors are entitled to nonprogram-related material (including interval of time as the video signal, and purchase on nondiscriminatory rates, teletext and other subscription and as an integral part of the program on the terms, and conditions satellite-delivered advertiser-supported information video signal, then the VBI and the video cable programming in which a cable services) shall be at the discretion of the signal must both be carried if one is to operator has an attributable interest. In cable operator.’’ In the analog context, be carried. the NPRM, we sought comment on the we have specified certain factors for 59. As noted, digital signals do not meaning of this language. We find that determining what material carried in the contain a VBI. The Commission’s rule in this provision was intended to prevent VBI is sufficiently program-related as to § 76.56(e) describes what cable systems a digital broadcaster from asserting qualify for must carry rights. Due to the may carry in the VBI. This subsection is rights under the program access technical differences between digital revised to revise the reference to VBI to provisions contained in section 628. and analog transmission, e.g., there is no take account of digital technology. This provision affords certain rights to VBI in a digital signal, the foregoing 60. Program Guides. We sought MVPDs, which are defined as entities concepts cannot transfer directly into a comment on the status of advanced who make ‘‘available for purchase, by digital environment. What is anticipated programming retrieval systems and subscribers or customers, multiple is that a television station will provide other digital channel selection devices channels of video programming.’’ We internet-based services, such as e- that filter and prioritize video programs hold that section 336 precludes a digital commerce applications, to the public. for viewers. To prevent anticompetitive television station offering video services While this type of business plan conduct by cable operators, Gemstar for a fee from asserting MVPD status promises to enhance a television urges the Commission to require the under our rules and claiming program station’s digital presence, the carriage of undisturbed pass-through of electronic access rights pursuant to section 628. program guide (‘‘EPG’’) related internet offerings by a cable operator D. Duplicative Signals likely would not be required under the information as part of the broadcaster’s digital transmission. We note that in the 63. Section 614(b)(5) of the must carry provisions unless the analog carriage context, Gemstar has Communications Act provides that ‘‘a broadcaster can demonstrate that such requested a ruling from the Commission cable operator shall not be required to material should be considered program- that its electronic program guide is carry the signal of any local commercial related. program-related and must be carried by television station that substantially 58. In this vein, we note that there are cable operators. NCTA claims that duplicates the signal of another local certain over-the-air digital services Gemstar provides no evidence that television station which is carried on sufficiently related to the broadcaster’s Congress intended to force cable the cable system, or to carry the signals primary digital video programming that operators to deliver any non- of more than one local commercial are entitled to carriage. These include, programming information that might be television station affiliated with a but are not limited to, closed captioning transmitted along with a broadcaster’s particular broadcast network * * *’’ A information, program ratings data for digital signal. Ameritech and BellSouth parallel rule applies to the carriage of use in conjunction with the V-chip state that there is no legal basis for the NCE station signals. Congress enacted functions of receivers, Source Commission to give program guides any these provisions to preserve a cable Identification Codes (‘‘SID Codes’’) used greater carriage rights than any other operator’s editorial discretion while by Nielsen Media Research in the ancillary or supplementary service that ensuring that the public has access to a preparation of program ratings, and the must obtain carriage through private diversity of local television signals. channel mapping and tuning protocols negotiations with individual cable 64. In the NPRM, we recognized the that are part of PSIP. These services operators. import of the duplication provisions provide useful information to viewers, 61. We find that the carriage of and sought comment on what approach broadcasters, and/or cable operators, program guide information is a matter to the Commission should take with regard and are intended for use in direct be addressed under sections 614(b)(3) to this matter. In response, NCTA argues conjunction with the programming. We and 615(g)(1) of the Act. As stated that in section 614(b)(5), Congress note that independent of the ‘‘program earlier, all program-related broadcast intended that a cable operator not be related’’ and ‘‘ancillary or material found in the analog signal’s compelled to carry duplicative signals. supplementary’’ concepts, cable VBI must be carried, unless it is NCTA also notes that section 614 operators are required to pass through technically infeasible for the operator to defines a local station as a ‘‘television closed captioning data contained in do so. In the digital television context, broadcast station * * * licensed and analog and digital video programming. there is no VBI for EPG information to operating on a channel regularly In general, we will continue to use the be carried on, rather, the EPG data assigned to its community * * *’’ same factors enumerated in WGN, that would be part of the PSIP. In this Because the digital transmission takes are used in the analog context to circumstance, we find that program place on a channel separate from the determine what material is considered guide data that are not specifically analog channel, NCTA asserts that two program-related. The WGN court set out linked to the video content of the digital stations, not one, are in operation a three-part test for making a signal being shown cannot be during the transition and that section determination. First, the broadcaster considered program-related, and, 614(b)(5) should apply to programming must intend for the information in the therefore, are not subject to a carriage duplicated by a broadcaster on its VBI to be seen by the same viewers who requirement. digital signal. UCC emphasizes that VerDate 11 Congress enacted section 614(b)(5) in the transition period, when two signals developed by the Grand Alliance. It order to ‘‘preserve the cable operator’s of the same station are available over- provides for 19.4 megabits per second discretion while ensuring access by the the-air, and afterwards. In the (‘‘mbps’’) for each 6 MHz channel over- public to diverse local signals.’’ UCC meantime, we will continue to the-air. The Commission neither asserts that when a broadcaster’s digital administer the duplication requirements adopted a single standard for high programming merely duplicates its set forth in the Act and the definition television nor imposed a analog programming, mandatory Commission’s rules. We note that HDTV requirement on broadcasters. carriage of the duplicative digital duplication in this context may Rather, the Commission drew the programming reduces the diversity of encompass the following situations: distinction between standard definition local signals by forcing the cable DTV-only station v. DTV-only station; (‘‘SDTV’’) and high definition (‘‘HDTV’’) operator to drop cable programming in DTV-only station v. analog station; or in the digital context. The electronics order to free capacity, thereby analog station v. analog station. That is, industry and ATSC define high undermining Congress’ goals. The two commercial television stations will definition television as having a vertical Broadcast Group, however, argues that be considered to substantially duplicate display resolution of 720p, 1080I, or identical program content transmitted in each other ‘‘if they simultaneously higher; an aspect ratio capable of an analog and digital format constitutes broadcast identical programming for displaying a 16:9 image at the minimum two distinct program forms targeted at more than 50 percent of the broadcast resolution level; and receiving and different audiences and that the week.’’ For purposes of this definition, reproducing Dolby digital audio. In Commission should not treat it as identical programming means the contrast, standard definition digital duplicative programming. Pappas identical episode of the same program displays resolution lower than high maintains that the Commission should series. With regard to noncommercial definition, requires no specific ratio, not construe the limitation on television broadcasters, an NCE station and produces ‘‘usable’’ audio and duplicative signals to refer to the does not substantially duplicate the picture. content of a program transmitted by a programming of another NCE station if 69. NAB argues that a digital signal signal, but rather to refer to the signal at least 50 percent of its typical weekly would be materially degraded if it were itself. programming is distinct from not transmitted to the viewer in the 65. We recognize that reaching a programming on the other station either format that the broadcaster intended. conclusion on this matter is during prime time or during hours other MSTV states that cable systems should complicated by our requirements for the than prime time. This rule is applicable not be permitted to block or delete any digital transition. The Commission to digital-only and analog of the bits comprising the free over the established a staged implementation noncommercial stations during the air broadcast material. Granite adds that schedule for the introduction of digital transition period as well. television in the rules governing the if cable operators are not required to transition. In the early stages of the E. Material Degradation pass through the entire digital signal, transition, broadcasters have flexibility 67. Section 614(b)(4)(A) of the Act the ability of viewers to receive and in selecting the digital programming discusses the cable operator’s treatment experience higher quality television they offer. The Commission refrained and processing of analog broadcast programming formats will be reduced. from imposing simulcasting station signals and provides that the We believe that these arguments do not requirements during this phase in order signals of local commercial television address the fundamental concern of the to afford broadcasters the freedom to stations shall be carried without prohibition against material experiment with program and service material degradation. The NPRM asked degradation. From our perspective, the offerings. Thus, for example, a to what extent this provision precludes issue of material degradation is about broadcaster’s initial digital cable operators from altering the digital the picture quality the consumer programming may be entirely original, it format of digital broadcast television receives and is capable of perceiving may simply duplicate a certain amount signals when the transmission is and not about the number of bits of its analog programming, or it may processed at the system headend or in transmitted by the broadcaster if the combine original digital content with customer premises equipment. Under difference is not really perceptible to the analog content. Beginning April 1, 2003, the Act, the Commission’s carriage viewer. Such an interpretation is the rules mandate an increasing level of standards must ensure that, ‘‘to the consistent with the language of the Act, duplication of program content between extent technically feasible, the quality of which applies to material degradation, the analog and digital signals, signal processing and carriage provided not merely technical changes in the eventually reaching a 100% by a cable system for the carriage of signals. This interpretation is also simulcasting requirement which local commercial television stations will consistent with the Act’s general continues until a broadcaster’s analog be no less than that provided by the mandate of ensuring that cable operators channel is terminated and returned to system for carriage of any other type of do not favor their own cable the Commission. These simulcasting signal.’’ To address this provision, the programming video services over those requirements are intended to minimize NPRM sought comment on whether the video services provided by broadcasters. viewer disruption as the content of the Act requires an operator to carry all Moreover, as discussed above, the Act analog signal is slowly replicated on the local commercial television stations that prohibits mandatory carriage for digital signal. broadcast in a 1080I high definition ancillary or supplementary services and 66. We will not revise the duplication format if it carries a cable programming our rules provide that material that is definitions and requirements at this service such as HBO in the 1080I HDTV not program-related is not subject to the time. More information is needed on the format. mandatory carriage requirement. If such digital programming currently made 68. We note that the Advanced bitstream material that is not subject to available by broadcasters before we act Television Systems Committee mandatory carriage is subtracted from in this regard. Such information, which (‘‘ATSC’’) DTV Standard adopted by the the entire 6 MHz over-the-air digital is solicited in the FNPRM, will enable Commission was recommended by the signal, by necessity there will be fewer us to determine the appropriate Advisory Committee on Advanced than 19.4 mbps to be carried on the duplication definitions to apply during Television Service (‘‘ACATS’’) and cable system. Moreover, whenever a VerDate 11 digital signal is remodulated for carriage viewable difference on a consumer’s television sets, but will allow new on a cable system, fewer bits are needed equipment. We recognize that it may be digital stations and stations that return than to transmit the signal over the air. especially burdensome for small their analog spectrum to continue to A broadcaster’s over-the-air HDTV systems with limited channel capacity reach cable subscribers who have only signal, for example, requires 19.4 mbps, (such as systems with fewer than 330 analog receivers while commencing which accounts for both the MHz) to carry a HDTV signal if they are over-the-air service to attract and reach programming or data, as well as an not otherwise providing any HDTV non-cable viewers who purchase digital overhead data stream that includes error programming. In this regard, we note television sets. With these points in correction. When a cable system carries that mandatory carriage is limited to mind, we will allow a television station this HDTV signal using QAM one-third of the cable system’s capacity, to provide one of its digital signals to modulation, it removes the broadcaster’s as defined infra. We also recognize that cable systems in an analog format only overhead data stream and replaces it carriage of a HDTV signal using 8 VSB during the early stages of the transition with the overhead stream appropriate pass-through may require the allocation period. We will revisit this policy after for the specific cable system. Generally of more than 6 MHz of bandwidth due 2003 to ensure that this policy is the resulting bit rate is somewhat less to the difference in channel alignments fostering the conversion to digital than 19.4. This reduction in bit rate between broadcast over-the-air television service and to determine does not affect picture quality and is not transmission and cable carriage. An 8- when equipment is available so that considered material degradation. Thus, VSB pass-through of a broadcast station broadcast signals can be delivered and it is inappropriate to use 19.4 mbps, or may straddle two cable channels and carried in digital format. We understand any specific number of bits, to denote result in the loss of additional channels that for some time the technology has what constitutes a degraded signal. The in the system (i.e., the cable operator is been available to manufacture cable number of bits appropriate for not able to use these additional boxes that can either deliver a digital mandatory carriage will vary based on channels to carry other programming). signal to the subscriber’s digital the programming and service choices of Therefore, if a small system, which is equipment or downconvert the signal to each broadcaster. not otherwise carrying any HDTV be displayed on analog equipment. Apparently there is not as yet sufficient 70. With regard to defining picture signals, is required to carry a broadcast demand to produce these boxes for quality for digital carriage purposes, signal in HDTV such that it straddles retail purchase or for rental from the Microsoft advocates that the two channels in this way, it may cable operator. We will monitor the Commission should require only that include all of its lost spectrum when market’s progress to ensure that our cable operators not carry non-broadcast calculating its one-third capacity. permission for analog conversion at the signals at a higher quality than 71. We also find that for purposes of headend does not interfere with the broadcast signals. Pappas argues, supporting the ultimate conversion to marketplace availability of such boxes. however, that a subscriber watching a digital signals and facilitating the return As the transition moves forward, HDTV digital program on cable should of the analog spectrum, a television television broadcast stations will be see the same quality picture as a station may demand that one of its required to deliver their signals in consumer watching a HDTV digital HDTV or SDTV television signals be digital format and cable operators will program over-the-air. Adelphia argues carried on the cable system for delivery be required to carry them in digital that as long as high definition broadcast to subscribers in an analog format. We format, as discussed above. signals are retransmitted in either the do not believe the conversion of a 72. Measurement. The NPRM asked 1080I or 720p format, the alteration of digital signal to an analog format under what standards and measurement tools the digital television signal’s format these specific and temporary were available to address disputes does not constitute material circumstances is precluded by the relating to the quality of the digital degradation. We agree with Microsoft nondegradation requirement in sections broadcast television signal. We also and find that language of the Act 614(b)(4)(A) and 615(g)(2). Many cable asked how, and where, degradation provides the answer to the material subscribers do not yet have television should be measured. To determine if an degradation question. Section sets capable of receiving or displaying operator is materially degrading a digital 614(b)(4)(A) requires that cable digital signals in their fully advanced signal, the signal should be tested at the operators shall provide the same format. Thus, if we were to mandate input terminal of either the television ‘‘quality of signal processing and digital-to-digital transmission at this set or set-top box if the subscriber owns carriage’’ for broadcasters’’ signals as stage of the transition period, cable that piece of equipment. The signal they provide for any other type of subscribers would be unable to properly should be tested at the output point of signal. Consequently, in the context of receive the signals. Obviously this was the set top box if the subscriber rents mandatory carriage of digital broadcast not the intended goal of the that equipment from the cable operator. signals, a cable operator may not nondegradation requirement in sections We believe that this location, rather provide a digital broadcast signal in a 614(b)(4)(A) and 615(g)(2). Allowing than the headend, will best capture the lesser format or lower resolution than digital-to-analog conversion for a signal’s strength and characteristics after that afforded to any digital programmer limited time during a critical stage of being processed by the cable plant. (e.g., non-broadcast cable programming, the transition period will further the Broadcasters and cable operators may other broadcast digital program, etc.) digital transition because a television use commercially available devices to carried on the cable system, provided, station would be more willing to return detect signal degradation. We do not however, that a broadcast signal its analog spectrum to the government, endorse any particular model, but stress delivered in HDTV must be carried in and convert to digital service, knowing that such equipment must meet sound HDTV. This result also protects the that cable subscribers without digital engineering practices and good interests of cable subscribers by equipment may still be able to view the equipment specifications. focussing on the comparable resolution relevant programming. We recognize, 73. Digital Modulation Techniques. of the picture, as visible to a consumer, that permitting digital-to-analog We are mindful that digital television rather than the number of lines or bits conversion will not provide an impetus signals are transmitted in the 8 VSB transmitted, which may not make a for cable subscribers to purchase digital digital broadcast modulation technique VerDate 11 while operators will use either 64 or 256 labeling requirements for digital availability of navigation devices, the QAM as the cable digital modulation television receivers. Based on an equipment used to access video technique. Both 64 and 256 QAM likely industry agreement on technical programming and other services from will provide cable operators with a standards, any receiver labeled as multichannel video programming greater degree of operating efficiency ‘‘Digital Cable Ready’’ will be ‘‘capable systems. Pursuant to our statutory than does 8 VSB, and also permits the of receiving analog basic, digital basic, mandate, we adopted rules to expand carriage of a higher data rate, with less and digital premium cable television opportunities to purchase such bits devoted to error correction, when programming by direct connection to a equipment from sources other than the compared with the digital broadcast cable system providing digital service provider. Thus, to now require system. Therefore, we will permit cable programming. * * * A security card (or cable operators to make such equipment operators to remodulate digital POD) provided by the cable operator is available to subscribers would impede broadcast signals from 8 VSB to 64 or required to view encrypted the overarching goal of the Navigation 256 QAM. For purposes of § 76.630 of programming.’’ The digital cable ready Devices proceeding, that is to assure our rules, we clarify that we do not receivers will include QAM competition in the availability of set-top consider the utilization of QAM demodulation capability. In the case of boxes and other customer premises modulation by a cable operator in the digital television receivers that do not equipment. Moreover, we believe that as provision of digital cable television meet the digital cable ready criteria, a the digital television transition moves service to involve scrambling, subscriber may need a set top box to forward, subscribers will have the encryption or similar technologies of the view broadcast digital signals delivered ability to purchase or lease a converter type referenced therein. We will not via cable. to permit the digital signal to be require cable operators to pass through 75. In the NPRM, we asked if the Act displayed on their analog televisions. 8 VSB. Notwithstanding this requires cable operators to offer set top We also expect that a conversion conclusion, we believe that cable pass- boxes to every subscriber if digital function is one which manufacturers through of a digital broadcast signal television signals cannot be received may consider adding to digital set-top without alteration is an option for without some device facilitating boxes. We note that the Commission’s allowing the first purchasers of digital reception. We also asked about viewing navigation devices rules allow television sets to receive digital signals digital television signals on analog manufacturers the ability to incorporate from their cable systems. Under this equipment. MediaOne states that additional features and functions in set- scenario, the 8 VSB signal could pass Congress did not intend for all cable top boxes, and to sell those boxes at through the cable system and the cable subscribers to incur substantial retail. As such, subscribers will be able set-top box without change and connect additional costs in order to ensure that to view both the analog and digital to the digital television set, or the cable all digital broadcast programming is signals as the competitive market could bypass the set-top box and be viewable on their televisions, especially develops. Further, our decision ensures connected to a cable coaxial connection when most of the digital programming that the option to pay for a converter or on the digital television receiver. We would be duplicative of the digital set-top box with that function believe that pass-through is an option broadcaster’s analog feed. ALTV, on the remains at the discretion of the cable for operators of certain cable systems other hand, believes that section subscriber and is not mandated through that will not be providing any digital 614(b)(7) should be applied to digital government regulation. cable programming or systems not signals in the same manner as it is G. Channel Location wanting to incur the additional expense applied to analog signals. of converting 8 VSB to either 64 or 256 76. We will not require a cable 78. Section 614(b)(6) generally QAM at the headend or in the set-top operator to provide subscribers with a provides that commercial television box, but that wish to offer subscribers set top box capable of processing digital stations carried pursuant to the digital broadcast channels. We signals for display on analog sets. We mandatory carriage provision are recognize that in the long term, pass- recognize that if we were to impose entitled to be carried on a cable system through is not an effective solution for such a requirement, all subscribers on the same channel number on which the majority of cable systems. would be forced to pay for equipment the station broadcasts over-the-air. that converts digital programming that Under section 615(g)(5) noncommercial F. Set Top Box Availability may be identical in content to the television stations generally have the 74. In the NPRM, we observed that the analog programming to which they same right. The Act also permits Act mandates that all commercial already have access without a set top commercial and noncommercial television signals shall be provided to box. The result would be that television stations to negotiate a every subscriber of a cable system and subscribers without the capability of mutually beneficial channel position be viewable on all television receivers of viewing digital signals and who will with the cable operator. In seeking subscribers that are connected by the receive duplicate analog programming comment on the applicability of these cable operator or for which the cable when the Commission’s simulcasting types of requirements in the digital operator provides a connection. Section requirements commence in 2003, would context, we noted that station licensees 615(h) provides that noncommercial be required to pay for a converter box received new digital broadcast educational stations, that are entitled to to receive duplicate digital signals. We frequency assignments and channel carriage, shall be ‘‘available to every do not believe that this result is what numbers that are different from their subscriber as part of the cable system’s Congress intended in enacting section analog channel numbers. We pointed lowest price service tier that includes 614(b)(7). out that the advent of advanced the retransmission of local commercial 77. Furthermore, we believe that programming retrieval systems and television broadcast signals.’’ In general, requiring cable operators to make other channel selection devices may most cable subscribers are able to view available set top boxes capable of alleviate the need for specific channel analog broadcast stations on analog processing digital signals for display on positioning requirements. In this regard, cable-ready television sets. In the case of analog sets might be inconsistent with the ATSC established channel the new digital television service, the section 629 of the Act. Section 629 was identification protocols, or PSIPs, that Commission has recently adopted enacted to ensure the commercial link the digital channel number with VerDate 11 that assigned to the analog channel. of localism’’ by taking into account such educational stations and qualified low Given these developments, we asked factors as whether the station, or other power television stations, respectively, whether the Commission should refrain stations located in the same area, have may do so by placing such additional from promulgating digital channel been historically carried on the cable stations on unused public, educational positioning requirements and allow system or systems within such or governmental (‘‘PEG’’) channels not technology to resolve the matter. community; whether the television in use for their designated purposes, 79. In the digital environment it is station provides coverage or other local subject to the approval of local generally anticipated that broadcast service to such community; whether any franchising authorities. Pursuant to signals will be identified and tuned to other television station that is eligible to section 611 of the Act, the local through the PSIP information process be carried by a cable system in such franchising authority, in discussions rather than by identification with the community in fulfillment of the with a cable operator, determines how specific frequency on which the station requirements of this section provides much channel capacity, if any, will be is broadcasting. Given the new digital news coverage of issues of concern to set aside for PEG use. The Commission, table of allotments, we find that there is such community or provides carriage or when implementing the analog must no need to implement channel coverage of sporting and other events of carry rules, declined to adopt stringent positioning requirements for digital interest to the community; and evidence requirements regarding the use of PEG television signals of the same type of viewing patterns in cable and channels for must carry purposes currently applicable to analog signals. noncable households within the areas because it believed that these matters Rather, as the majority of commenters served by the cable system or systems in were more appropriately resolved by have suggested, we find that the channel such community. The inclusion of local franchising authorities. We sought mapping protocols contained in the additional communities within a comment on whether DTV signals of PSIP identification stream adequately station’s market imposes new must NCE stations and LPTV stations should address location issues consistent with carry requirements on cable operators be allowed on PEG channels under the Congress’s concerns about subject to the modification request same framework accorded analog nondiscriminatory treatment of while the grant to exclude communities television signals. We agree with television stations by cable operators. from a station’s market removes a cable comments submitted by CBA and We believe this technology-based operator’s obligation to carry a certain Pappas that the carriage of digital LPTV solution will resolve broadcaster station’s signal on the relevant system. and NCE stations on unused PEG concerns. PSIP assures that cable We sought comment on whether any channels should be permitted. We find subscribers are able to locate a desired change to the market modification that this approach will likely advance digital broadcast signal and ensures that process was warranted to accommodate the digital transition by allowing digital television stations are able to the difference between analog and another way for cable subscribers to fairly compete with cable programming digital broadcasting. access digital NCE signals. We also find services in the digital environment. 81. We find that our current reliance that continuing this policy will promote Therefore, as stated in the content-to-be- on Nielsen’s market designations, program diversity by enabling LPTV carried section above, a cable operator publications, and assignments for analog signals and NCE analog and will be required to pass-through channel analog signal carriage issues should digital signals, that otherwise may not mapping PSIP information as it is continue for digital signal carriage be afforded carriage, to reach their considered to be program-related to the issues. The presumption, therefore, is intended audience. To this end, we primary digital video signal. We point that the market of the station’s digital encourage local franchising authorities out that questions related to the signal is coterminous with the station’s to engage digital public broadcasters technical aspects of PSIP are being dealt market area for its analog signal during and low power broadcasters in with by the cable and consumer the transition period. In addition, we discussions concerning the carriage of electronics industry as they proceed find that the statutory factors in section their respective broadcast signals. with establishing digital cable-consumer 614(h), the current process for equipment compatibility standards. We requesting market modifications, and J. Complaints and Enforcement note again that the Commission has the evidence needed to support such 83. Under our current rules, whenever asked for PSIP progress reports as part petitions, will be applicable to digital a television station believes that a cable of the digital cable compatibility television cases during the transition operator has failed to meet its must proceeding. period. We realize, of course, that the carry obligations, the station may file a technical coverage area of a digital complaint with the Commission. H. Market Modifications television signal may not exactly Section 614(d)(3) requires the 80. Commercial television stations replicate the technical coverage area of Commission to adjudicate a must carry have carriage rights throughout the the analog television signal. Therefore, complaint within 120 days from the market to which they are assigned by in deciding DTV market modification date it is filed. The Commission may Nielsen Media Research. Pursuant to cases, we will take into consideration grant the complaint and order the cable section 614(h)(1)(c) of the Act, at the changes in signal strength and Grade B operator to carry the station or it may request of either a broadcaster or a cable contour coverage because of new digital dismiss the complaint if it is determined operator, the Commission may, with television channel assignments and that the cable operator has fully met its respect to a particular television power limits. All other matters must carry obligations with regard to broadcast station, include additional concerning the modification process for that station. We sought comment on communities within its television digital television signals will be decided whether the current procedures should market or exclude communities from on a case-by-case basis. apply to DTV must carry complaints. such station’s television market to better We agree with AAPTS that the current effectuate the purposes of the Act’s must I. Digital Signal Carriage on PEG scheme is working and see no need to carry provisions. In considering such Channels depart from it. Therefore, we will market modification requests, the Act 82. The Act provides that a cable continue to use the existing must carry provides that the Commission shall operator required to add the signals of complaint process for digital television afford particular attention ‘‘to the value qualified local noncommercial carriage disputes. VerDate 11 VI. Changes to Other Part 76 whenever an SDTV programming stream no reason to expect that digital Requirenments is available on the cable system. We will television service will interfere with require a cable operator to notify its CARS, and we decline to revise our Part A. Open Video Systems subscribers whenever a digital 78 rules at this time. However, if issues 84. Section 653(c)(1) of the Act television signal is added to the cable arise as the transition progresses, we provides that any provision that applies channel line-up or whenever such a will revisit the matter. The Commission to cable operators under sections 614, signal is moved to another channel is currently considering expanding 615 and 325, shall apply to open video location. We will not require an eligibility for CARS licenses to include system operators certified by the operator to notify subscribers of the all MVPDs. To the extent issues related Commission. Section 653(c)(2)(A) actual programming available on each to the digital transition are raised in that provides that, in applying these possible SDTV digital stream, if such is proceeding, they will be addressed in a provisions to open video system carried under retransmission consent, forthcoming Report and Order. operators, the Commission ‘‘shall, to the because the mix of programs and D. Program Exclusivity Rules extent possible, impose obligations that services may change frequently. We find are no greater or lesser’’ than the it would be unnecessarily burdensome 87. The program exclusivity obligations imposed on cable operators. for operators to constantly notify their regulations, as implemented in §§ 76.92 The Commission, in implementing the subscribers, especially in large and 76.101 of the Commission’s rules, statutory language, held that there are television markets where there is a protect exclusive distribution rights no public policy reasons to justify potential for dozens of possible afforded to network and syndicated treating an open video system operator programming streams. We also believe programming through private differently from a cable operator in the that EPGs, or other cable system contractual arrangements. Television same local market for purposes of generated guides, will provide broadcast station licensees with broadcast signal carriage. Thus, OVS subscribers with relevant and up-to-date exclusive programming rights are operators generally have the same information in a more convenient entitled to protect such programming by requirements for the carriage of local manner than if we were to require exercising blackout rights against local television stations as do cable operators operators to provide separate cable systems importing the same except that these entities are under no notifications. Nevertheless, we programming from distant television obligation to place television stations on encourage operators to alert subscribers broadcast stations. Licensees may assert a basic service tier. We note, however, to the possibility that a broadcaster may their rights regardless of whether their that an OVS operator must make offer several programming alternatives signals are actually carried on the cable qualified local commercial and over the course of the day, where system in question. noncommercial educational television applicable. 88. Currently, television stations are stations available to every subscriber. entitled to exercise network and OVS operators are also obligated to C. Cable Antenna Relay Service syndicated blackout rights within abide by section 325 and the 86. In the NPRM, we recognized that certain geographic areas. In Commission’s rules implementing cable operators are frequently Implementation of the Satellite Home retransmission consent. In the NPRM, dependent on cable television relay Viewer Improvement Act of 1999: we asked whether digital carriage rules service (‘‘CARS’’) microwave stations to Application of Network Non- adopted for the cable industry should relay broadcast television signals to and duplication, Syndicated Exclusivity and apply to OVS Operators, to which within their cable systems. CARS Sports Blackout Rules to Satellite Paxson commented in the affirmative. stations distribute signals to microwave Retransmission of Broadcast Signals, Given the statutory directive to treat hubs where it may be physically Report and Order, (65 FR 68082, Nov. OVS operators like cable operators with impossible or too expensive to run 14, 2000) the Commission recently regard to broadcast signal carriage, we actual cable wire. In many instances, a applied to satellite carriers’ find that OVS operators must carry cable operator may not be able to string retransmission of nationally distributed digital-only television stations pursuant cable through an area because of superstations the network non- to this Report and Order and § 76.1506 geographic impediments such as rivers, duplication, syndicated exclusivity and of the Commission’s rules. mountains or superhighways or due to sports blackout requirements that other restrictions, such as the inability currently apply to cable operators. B. Subscriber Notification or the expense of laying underground 89. In general, a local television 85. Cable operators are required to cable. Under such circumstances, the broadcast station may assert its notify subscribers of any changes in cable operator may be able to use CARS exclusivity rights against cable systems rates, programming services or channel band microwave for point-to-point and located within 35 miles of the positions. When the change involves the point-to-multi-point locations to intra- broadcaster’s city of license. By addition or deletion of channels, each connect the cable system. For example, exercising its rights, a local television channel added or deleted must be a cable system may run cable up to a broadcast station that has secured separately identified. We sought CARS transmitter site, convert all the exclusive distribution rights to comment on how digital broadcast radio frequency (RF) channels to programming, can prohibit cable television carriage requirements will microwave frequencies for transmission, systems within 35 miles from importing affect the notification provisions receive the microwave at a receive that same programming from distant described above. Pappas believes that location, downconvert back to the RF television stations. A cable operator, cable systems should be required to channels, and complete delivery of the however, importing the same notify subscribers whenever a DTV channels via physical wiring to the programming from an otherwise distant signal is added or analog is withdrawn, subscribers. We sought comment on station, is not required to honor a as specified in the Commission’s current whether the introduction of digital blackout request from a local rules for system notification to broadcast television affects the CARS broadcaster if the distant station is subscribers of channel additions or system, and, if so, how. We did not ‘‘significantly viewed’’ in the cable deletions. ALTV agrees, but adds that an receive any comments on CARS and the community. The concept of significant operator should notify subscribers transition to digital television. We have viewing is defined in § 76.5(i) of the VerDate 11 Commission’s rules. In addition to the carrier from providing that broadcaster’s digital signal on the same Commission’s network and syndicated programming in analog form to its basic tier where the analog signals are exclusivity rules, significant viewing is subscribers. Therefore, neither satellite found or whether a separate digital basic also applicable to the Commission carriers nor cable operators are service tier could be established that sports blackout rule, and, through permitted to carry the digital version of would be available only to subscribers incorporation by reference, to the a program when the contract expressly capable of viewing digital broadcast compulsory copyright licensing process. provides exclusivity for both, any or all signals. Adelphia argues that cable 90. In the NPRM, we sought comment formats. operators should be allowed to create a on how the transition to digital 93. Significantly Viewed. In the separate digital tier that could be television may affect these rules. We NPRM, we stated that the significant purchased as an accompaniment to the specifically asked how digital broadcast viewing standard supplements other analog basic tier for an extra fee. ALTV, multiplexing impacts these rules and ‘‘local’’ station definitions by permitting on the other hand, submits that the Act whether the cable operator will be able stations that would otherwise be applies to local television stations’ DTV to accommodate such black-out requests considered ‘‘distant,’’ for program signals just as it applies to analog on various programming streams. We exclusivity purposes, to be considered signals; that is, DTV signals must be also asked whether these rules were local based on viewing surveys directly placed on the cable system’s basic applicable in the digital age, with or demonstrating that over-the-air viewers service tier and made available to every without must carry, and whether it have access to the signals in question. subscriber. would be possible to repeal these rules Because digital broadcast television 95. In the context of analog must and instead rely on the retransmission stations will not, in the early stages of carry, it has been the Commission’s consent provisions of section 325 of the their deployment, have a significant view that the Act contemplates there be Act to protect the rights in question. over-the-air audience, we sought one basic service tier. We believe that in 91. We find that there is an comment on methods to address the the context of the new digital carriage inadequate record in this proceeding kinds of issues that the significant requirements, it is consistent with the upon which to base a change or repeal viewing standard addresses in the statutory language to require that a of the exclusivity rules. In addition, we analog environment. We asked, for broadcaster’s digital signal must be note that the Act, as amended by the example, whether a new method should available on a basic tier such that all SHVIA, required the Commission to be developed that measures viewing in broadcast signals are available to all implement program exclusivity rules for places that are equipped with digital cable subscribers at the lowest priced satellite carriers that import certain receivers. In the alternative, we asked tier of service, as Congress envisioned. defined superstations. Therefore, we whether the ‘‘significant viewing’’ status The basic service tier, including any agree with numerous commenters that of analog stations should be transferred broadcast signals carried, will continue the topic of changing the rules be to their digital counterparts. With to be under the jurisdiction of the local addressed at a future date, where a more respect to these rules, we note that in franchising authority, and as such, will complete and focused record can be adopting technical rules for the digital be rate regulated if the local franchising developed. Until that time occurs, we transmission of broadcast signals, the authority has been certified under will maintain our existing exclusivity Commission attempted to insure that a section 623 of the Act. We note, framework for digital television signals. station’s digital over-the-air coverage however, that if a cable system faces In addition, we shall make the area would replicate as closely as effective competition under one of the appropriate change to § 76.5 as possible its current over-the-air analog four statutory tests, and is deregulated suggested by MSTV. With respect to coverage area. In view of this, and pursuant to a Commission order, the how SDTV multiplexing impacts the consistent with the comments received cable operator is free to place a exclusivity rules and whether the cable on this subject, we believe that the broadcaster’s digital signal on upper operator will be able to accommodate public interest is best served by tiers of service or on a separate digital blackout requests on various according the digital signal of a service tier. This finding is based upon programming streams, we believe that it television broadcast station the same the belief that section 623(b)(7) is one of is not necessary to resolve this issue significantly viewed status accorded the those rate regulation requirements that here. analog signal. We note, however, that sunsets once competition is present in 92. As we stated in the SHVIA Non- DTV-only television stations must a given franchise area. We believe that Duplication, Syndicated Exclusivity and petition the Commission for the decision in Time Warner v. FCC Sports Blackout Order, only those significantly viewed status under the supports this interpretation. exclusive contracts that provide for same requirements for analog stations in 96. Rates. As noted above, digital exclusivity vis a vis signals delivered by § 76.54 of the Commission’s rules. broadcast signal carriage also has satellite carriers or are broad enough to potential consequences for the cable encompass the delivery of duplicating E. Tiers and Rates television rate regulation process. In programming by any delivery means 94. Tier Placement. Sections 614 and communities where there has not been entitle a station to assert exclusivity 615 are silent on the question of where a finding of effective competition or rights under the rules. Likewise, in the signals subject to mandatory carriage where there is local rate enforcement, digital context, only those exclusive must be placed, but section 623(b)(7), rates for the basic service tier (‘‘BST’’) contracts that specifically cover digital one of the Act’s rate regulation are subject to regulation by local signals entitle a station to assert provisions, requires that ‘‘all signals franchise authorities. Regulated cable exclusivity rights. We note also that, in carried in fulfillment of the systems have established initial the SHVIA Non-Duplication, Syndicated requirements of section 614 and 615’’ regulated rates using either the Exclusivity and Sports Blackout Order, must be provided to subscribers on a ‘‘benchmark’’ or ‘‘cost of service’’ we stated that we were disinclined, in ‘‘separately available basic service tier methodologies pursuant to the the early stage of the DTV transition, to to which subscription is required for Commission’s rules. Once initial rates allow a broadcaster to use an exclusive access to any other tier of service.’’ In are established, cable operators are contract for digital programming only to the NPRM, we sought comment on permitted to adjust rates for changes in prevent a cable system or satellite whether a cable operator must place a external costs and inflation. Regulated VerDate 11 cable operators seeking to adjust their broadcast signal at the cable headend upgrades, to ‘‘promote the availability of BST rates to reflect these changes must are required. In the must carry context, diverse cable services and facilities justify rate increases using the these costs are the broadcasters’ [and] encourage economically justified applicable forms. There are also cost responsibility under the Act. In the upgrades,’’ are as relevant now as they pass-through mechanisms for defined retransmission consent context, the were in 1994. categories of ‘‘external’’ costs, including broadcaster and the cable operator may 100. For an operator to justify rate franchise fees and certain local agree to any cost arrangement that is adjustments using the FCC Form 1235, franchise costs, as well as fees paid for mutually agreeable. Then there are costs the Commission currently requires: that programming, retransmission consent, for processing the digital television the upgrade be ‘‘significant’’ and require and copyright. Compliance costs signal in the cable headend and at other added capital investment, such as associated with must carry are not points in the cable system up to the expansion of bandwidth capacity, covered by the definition of external point in which the cable is installed conversion to fiber optics or system costs. inside the cable subscribers’ premises. rebuilds; that the upgrade actually 97. The Commission is charged with The treatment of these kinds of costs is benefit subscribers through adopting a rate regulation scheme considered below. Finally, there are improvements in the regulated services appropriate for the BST. The present costs associated with providing subject to the rate increase; that the rate rules take into account, inter alia, subscribers with customer premises upgrade rate increase not be assessed ‘‘the direct costs (if any) of obtaining, equipment, such as set top boxes. As until the upgrade is complete and transmitting, and otherwise providing explained below, we find no need to providing benefits to subscribers of signals carried on the basic service tier change the rules relating to such regulated services; that the operator * * * and changes in such costs.’’ In equipment. We also note that we are demonstrate its net increase in costs, the NPRM, we sought comment on considering adopting a per channel taking into account current depreciation what, if any, changes in the adjustment methodology for those expense, projected changes in Commission’s rate rules may be operators that add digital broadcast maintenance and other expenses, and necessary or desirable. We also asked signals to their channel line-ups. This changes in other revenues; and that the parties to refresh the record on the topic is discussed in the FNPRM operator allocate its costs to ensure that specific technical modifications needed published elsewhere in this Federal only costs allocable to subscribers of to enable cable systems to deliver digital Register. regulated services are imposed upon broadcast television to subscribers. them. Based on the lack of comment Relatively few parties addressed the rate 99. In general, rate adjustments for about the need for rate adjustments, we regulation issues we raised or provided channels added to the BST are limited expect that many cable systems will be data on the anticipated costs of to the recovery of external costs, able to accommodate digital television providing digital broadcast including a 7.5% mark-up for new signals through the normal programming to subscribers. Therefore, programming costs. ‘‘External costs’’ improvements and expansions of it is difficult to specify how costs have been specifically limited to taxes, service that are reflected in the rate attributable to providing digital franchise fees, franchise compliance adjustments allowed by FCC Forms programming, if any, might be reflected costs (including PEG), retransmission 1210 and 1240. However, some systems in cable rates. Armstrong, a mid-size and copyright fees, other programming are also undertaking significant overall cable operator, states that the costs for costs, and Commission regulatory fees. system upgrades, a part of which will digital conversion will include There are also rules and forms in place include a digital buildout, and for upgrading tower capacity, building or that address situations where cable which a Form 1235 upgrade rate leasing additional tower space, and systems are upgrading physical plant to adjustment would be appropriate. adding new digital antennas. SCBA provide digital programming to cable 101. There may also be systems, estimates the cost for digital broadcast subscribers. Section 76.922(j)(1) of the requiring significant technical signal carriage will be at least $2,000 per Commission’s rules states: ‘‘Cable improvements to carry digital signals, digital channel at the headend, which operators that undertake significant that do not necessarily qualify as an would amount to $10,000 or more for network upgrades requiring added ‘‘upgrade’’ under FCC Form 1235. For the average television market with five capital investment may justify an these kinds of systems as well, we local stations. In contrast, ALTV increase in rates for regulated services believe it will be appropriate for contends there is only a marginal cost by demonstrating that the capital operators to use FCC Form 1235 for a to add a few additional DTV signals. As investment will benefit subscribers.’’ rate adjustment. Allowing operators to to the issue of whether the carriage costs FCC Form 1235 is an abbreviated cost of pursue this option may hasten the could be passed along to subscribers, service filing used for network upgrades digital transition as it will provide an ALTV cautions that the Commission pursuant to section 76.922(j). This form incentive to add headend and other should not allow the cable industry to permits operators to adjust rates by system equipment to accommodate the exploit fears of rate increases due to reporting the cost of a system upgrade, carriage of digital television signals. digital carriage. AAPTS asserts that even which is added to a system’s tier rate to 102. The current instructions for Form without must carry requirements, cable generate a maximum permitted rate. The 1235 require the cable operator to operators will be buying equipment to benchmark rates and price cap qualify for an upgrade rate adjustment carry digital signals, so there is no basis adjustments for inflation will generally by certifying that the upgrade meets the to impose these costs on smaller allow systems to recover normal capital Minimum Technical Specifications or broadcasters, especially noncommercial costs, but cable operators may use Form describing how the upgrade will be educational television stations. 1235 to recover costs for ‘‘significant’’ significant and will benefit subscribers. 98. With regard to the rate issues, we upgrades, such as expansion of The instructions for the second option first note that there are costs for carrying bandwidth, conversion to fiber optics, include, where applicable, the number digital television signals at different or system rebuilds, without doing a cost of channels added to a tier and the level stages of the cable system transmission of service analysis for the whole system. of improvement in picture quality. process. First, antennas and/or other The original goals of the abbreviated Thus, we find that Form 1235 can be an equipment necessary to receive the cost-of-service showing for network appropriate vehicle for allowing a cable VerDate 11 operator to adjust rates commensurate VII. Procedural Matters (‘‘FRFA’’) of the possible significant with their upgrade costs to the extent economic impact on small entities by A. Paperwork Reduction Act of 1995 such upgrades are necessary to provide the policies and rules found in this Analysis digital broadcast programming to its Report and Order. The Report and Order subscribers. We note, however, that an 105. The requirements contained in and FRFA (or summaries thereof) will operator may file a Form 1235, even if this Report and Order have been be published in the Federal Register. it had done so before, if it can analyzed with respect to the Paperwork 107. Need for, and Objectives of, the demonstrate new costs are not being Reduction Act of 1995 (the ‘‘1995 Act’’) Final Rule Changes. The objective of the recovered through the surcharge and would impose new and modified Report and Order is to make certain calculation on a previous Form 1235. information collection requirements on technical and substantive rule changes Section 76.922(j) is amended to clarify the public. The Commission, as part of that bear on the issue of carriage of that it is appropriate to use the network its continuing effort to reduce digital broadcast signals. upgrade form in these circumstances, paperwork burdens, invites the general 108. Summary of Significant Issues (cable operators that undertake public and the Office of Management Raised by Public Comments in Response significant network upgrades requiring and Budget (OMB) to take this to the IRFA. The Small Cable Business added capital investment may justify an opportunity to comment on the new or Association (‘‘SCBA,’’ now known as increase in rates for regulated services modified information collection the American Cable Association, ACA) by demonstrating that the capital requirements contained in this Report filed comments as described in the investment will benefit subscribers, and Order as required by the 1995 Act. Report and Order, supra. SCBA stated including providing television broadcast Comments should address: (a) Whether that unregulated analog retransmission programming in a digital format). the new or modified collection of consent demands, and tying in information is necessary for the proper 103. While these upgrades will make particular, threatens small cable performance of the functions of the operators’ financial viability. To remedy digital broadcast programming available Commission, including whether the to all basic cable television subscribers, the situation, the SCBA urged the information would have practical Commission to prohibit broadcasters we believe the rate adjustments should utility; (b) the accuracy of the from tying analog carriage to digital only apply to those that purchase digital Commission’s burden estimates; (c) carriage. programming. We note that rate ways to enhance the quality, utility, and 109. Description and Estimate of the increases based on upgrades shall not be clarity of the information collected; and assessed on these subscribers until the Number of Small Entities To Which the (d) ways to minimize the burden of the Final Rules Will Apply. The FRFA upgrade is complete and the subscriber collection of information on the directs the Commission to provide a is receiving digital television signals. If respondents, including the use of description of and, where feasible, an the digital broadcast programming were automated collection techniques or estimate of the number of small entities offered on the BST, the basic tier rate other forms of information technology. that will be affected by the final rules. would consist of the maximum Written comments by the public on the The FRFA defines the term ‘‘small permitted rate for the basic tier plus the new or modified information collections entity’’ as having the same meaning as FCC Form 1235 surcharge which are due on or before May 25, 2001. Any the terms ‘‘small business,’’ ‘‘small represents the portion of the digital comments on the information organization,’’ and ‘‘small business upgrade cost allocated to the basic tier. collections contained herein should be concern’’ under section 3 of the Small An operator could continue to allocate submitted to Judy Boley, Federal Business Act. Under the Small Business all of its digital upgrade costs to the Communications Commission, 445 12th Act, a small business concern is one CPST. St, SW., Room 1–0804, Washington, DC which: (1) Is independently owned and 104. Finally, we note that regulated 20554, or via the Internet to operated; (2) is not dominant in its field cable systems may charge subscribers [email protected]. of operation; and (3) satisfies any for customer premises equipment, such OMB Control Number: 3060–0844. additional criteria established by the as the set-top box, that may likely be Title: Digital Broadcast Carriage. Small Business Administration From Number: n/a. necessary for digital subscribers. In (‘‘SBA’’). The rules we adopt in this Type of Review: Revision of a communities where there has not been Report & Order will affect cable currently approved collection. a finding of effective competition, these Respondents: 99,278. operators and OVS operators. equipment rates are subject to Estimated Time Per Response: .5–1 110. Small MVPDs. SBA has regulation. Our rules permit cable hours. developed a definition of small entities operators to charge subscribers for set Total Annual Burden: 2,355. for cable and other pay television top boxes and other equipment Total Annual Costs: $2,355.12. services, which includes all such provided the charges do not exceed Needs and Uses: The information companies generating $11 million or actual costs. In addition, the Act collection requirements under this less in annual receipts. This definition provides that cable operators can control number are used to seek includes cable system operators, closed aggregate their equipment costs on a comment on possible changes to circuit television services, direct franchise, system, regional, or company mandatory carriage rules, and explore broadcast satellite services, multipoint level and can aggregate the costs into the impact that cable carriage of digital distribution systems, satellite master broad categories, regardless of the television signals may have on other antenna systems and subscription varying levels of functionality of the Commission rules. television services. According to the equipment within these broad Census Bureau data from 1992, there categories. As we find that the Final Regulatory Flexibility Act were 1,758 total cable and other pay regulatory framework in place for cable Analysis television services and 1,423 had less subscriber premises equipment is 106. As required by the Regulatory than $11 million in revenue. We address adequate to account for the costs of Flexibility Act (‘‘RFA’’), the below each service individually to adding digital television signals, there is Commission has prepared this Final provide a more precise estimate of small no need to make rule adjustments here. Regulatory Flexibility Analysis entities. VerDate 11 111. Cable Systems. The Commission have been authorized to provide OVS broadcasting visual programs by has developed, with SBA’s approval, service but have not yet begun to television to the public, except cable our own definition of a small cable generate revenues, we conclude that at and other pay television services. system operator for the purposes of rate least some of the OVS operators qualify Included in this industry are regulation. Under the Commission’s as small entities. commercial, religious, educational, and rules, a ‘‘small cable company’’ is one 114. Program Producers and other television stations. Also included serving fewer than 400,000 subscribers Distributors. The Commission has not are establishments primarily engaged in nationwide. The Commission developed developed a definition of small entities television broadcasting and which this definition based on its applicable to producers or distributors produce taped television program determinations that a small cable system of cable television programs. Therefore, materials. Separate establishments operator is one with annual revenue of we will use the SBA classifications of primarily engaged in producing taped $100 million or less. We last estimated Motion Picture and Video Tape television program materials are that there were 1439 cable operators that Production (SIC 7812), Motion Picture classified under another SIC number. qualified as small cable companies. and Video Tape Distribution (SIC 7822), 117. Pursuant to 5 U.S.C. 601(3), the Since then, some of those companies and Theatrical Producers (Except statutory definition of a small business may have grown to serve over 400,000 Motion Pictures) and Miscellaneous applies ‘‘unless an agency after subscribers, and others may have been Theatrical Services (SIC 7922). These consultation with the Office of involved in transactions that caused SBA definitions provide that a small Advocacy of the SBA and after them to be combined with other cable entity in the cable television opportunity for public comment, operators. Consequently, we estimate programming industry is an entity with establishes one or more definitions of that there are fewer than 1439 small $21.5 million or less in annual receipts such term which are appropriate to the entity cable system operators that may for SIC 7812 and SIC 7822, and $5 activities of the agency and publishes be affected by the decisions and rules million or less in annual receipts for SIC such definition(s) in the Federal adopted in this Report and Order. 7922. Census Bureau data indicate the Register.’’ 112. The Communications Act also following: (a) There were 7,265 firms in 118. An element of the definition of contains a definition of a small cable the United States classified as Motion ‘‘small business’’ is that the entity not system operator, which is ‘‘a cable Picture and Video Production (SIC be dominant in its field of operation. We operator that, directly or through an 7812), and that 6,987 of these firms had are unable at this time to define or affiliate, serves in the aggregate fewer $16.999 million or less in annual quantify the criteria that would than 1% of all subscribers in the United receipts and 7,002 of these firms had establish whether a specific television States and is not affiliated with any $24.999 million or less in annual station is dominant in its field of entity or entities whose gross annual receipts; (b) there were 1,139 firms operation. Accordingly, the estimates revenues in the aggregate exceed classified as Motion Picture and Video that follow of small businesses to which $250,000,000.’’ The Commission has Tape Distribution (SIC 7822), and 1007 rules may apply do not exclude any determined that there are 61,700,000 of these firms had $16.999 million or subscribers in the United States. less in annual receipts and 1013 of these television station from the definition of Therefore, an operator serving fewer firms had $24.999 million or less in a small business on this basis and are than 617,000 subscribers shall be annual receipts; and (c) there were 5,671 therefore overinclusive to that extent. deemed a small operator, if its annual firms in the United States classified as An additional element of the definition revenues, when combined with the total Theatrical Producers and Services (SIC of ‘‘small business’’ is that the entity annual revenues of all of its affiliates, do 7922), and 5627 of these firms had must be independently owned and not exceed $250 million in the $4.999 million or less in annual operated. As discussed further below, aggregate. Based on available data, we receipts. we could not fully apply this criterion, find that the number of cable operators 115. Each of these SIC categories is and our estimates of small businesses to serving 617,000 subscribers or less totals very broad and includes firms that may which rules may apply may be approximately 1450. Although it seems be engaged in various industries, overinclusive to this extent. The SBA’s certain that some of these cable system including cable programming. Specific general size standards are developed operators are affiliated with entities figures are not available regarding how taking into account these two statutory whose gross annual revenues exceed many of these firms exclusively produce criteria. This does not preclude us from $250,000,000, we are unable at this time and/or distribute programming for cable taking these factors into account in to estimate with greater precision the television or how many are making our estimates of the numbers of number of cable system operators that independently owned and operated. small entities. would qualify as small cable operators Thus, we estimate that our rules may 119. There were 1,509 television under the definition in the affect approximately 6,987 small entities stations operating in the nation in 1992. Communications Act. primarily engaged in the production and That number has remained fairly 113. Open Video Systems. The distribution of taped cable television constant as indicated by the Commission has certified 31 OVS programs and 5,627 small producers of approximately 1,616 operating operators with some now providing live programs that may be affected by television broadcasting stations in the service. Affiliates of Residential the rules adopted in this proceeding. nation as of September 30, 1999. For Communications Network, Inc. (‘‘RCN’’) 116. Television Stations. The 1992, the number of television stations received approval to operate OVS proposed rules and policies will apply that produced less than $10.0 million in systems in New York City, Boston, to television broadcasting licensees, and revenue was 1,155 establishments. Washington, D.C. and other areas. RCN potential licensees of television service. Thus, the new rules will affect has sufficient revenues to assure us that The Small Business Administration approximately 1,616 television stations; they do not qualify as small business defines a television broadcasting station approximately 77%, of those stations entities. Little financial information is that has no more than $10.5 million in are considered small businesses. These available for the other entities annual receipts as a small business. estimates may overstate the number of authorized to provide OVS that are not Television broadcasting stations consist small entities since the revenue figures yet operational. Given that other entities of establishments primarily engaged in on which they are based do not include VerDate 11 or aggregate revenues from non- broad, and specific figures are not remedy the situation, the SCBA urged television affiliated companies. available as to how many of these firms the Commission to prohibit broadcasters 120. Small Manufacturers. The SBA are exclusive manufacturers of from tying analog carriage to digital has developed definitions of small television equipment for consumers or carriage. We have deferred imposing a entity for manufacturers of household how many are independently owned dual analog and digital broadcast signal audio and video equipment (SIC 3651) and operated. We conclude that there carriage requirement on cable operators, and for radio and television are approximately 386 small including small cable operators, as well broadcasting and communications manufacturers of television equipment as OVS operators, at this time. However, equipment (SIC 3663). In each case, the for consumer/household use. we have adopted several retransmission definition includes all such companies 123. Computer Manufacturers. The consent policies and digital-only employing 750 or fewer employees. Commission has not developed a carriage requirements applicable to all Census Bureau data indicates that there definition of small entities applicable to cable operators and OVS operators. Due are 858 U.S. firms that manufacture computer manufacturers. Therefore, we to lack of sufficient evidence on the radio and television broadcasting and will use the SBA definition of Electronic record, we have decided not to prohibit communications equipment, and that Computers. According to SBA retransmission consent tying 778 of these firms have fewer than 750 regulations, a computer manufacturer arrangements, as requested by the employees and would be classified as must have 1,000 or fewer employees in SCBA. However, we are seeking further small entities. order to qualify as a small entity. Census comment on this issue in the FNPRM. 121. Electronic Equipment Bureau data indicates that there are 716 In the aggregate, we believe that there Manufacturers. The Commission has not firms that manufacture electronic will be minimal impact on small entities developed a definition of small entities computers and of those, 659 have fewer as a result of the Report and Order. applicable to manufacturers of than 500 employees and qualify as small However, we are mindful of the electronic equipment. Therefore, we entities. The remaining 57 firms have concerns raised by small entities will use the SBA definition of 500 or more employees; however, we throughout this proceeding and will manufacturers of Radio and Television are unable to determine how many of carefully scrutinize our policy Broadcasting and Communications those have fewer than 1,000 employees determinations as we go forward. Equipment. According to the SBA’s and therefore also qualify as small 126. Federal Rules Which Duplicate, regulations, a TV equipment entities under the SBA definition. We Overlap, or Conflict with the manufacturer must have 750 or fewer conclude that there are approximately Commission’s Proposals. None. employees in order to qualify as a small 659 small computer manufacturers. business concern. The Census Bureau 124. Description of Projected 127. Report to Congress. The category is very broad, and specific Reporting, Record Keeping and other Commission will send a copy of the figures are not available as to how many Compliance Requirements. There are Report and Order, including this FRFA, of these firms are exclusive compliance requirements for cable in a report to be sent to Congress manufacturers of television equipment operators and OVS operators as a result pursuant to the Small Business or how many are independently owned of the Report and Order. An attempt has Regulatory Enforcement Fairness Act of and operated. We conclude that there been made to streamline compliance 1996. In addition, the Commission will are approximately 778 small requirements. For example, we have send a copy of the Report and Order, manufacturers of radio and television declined to adopt specific channel including FRFA, to the Chief Counsel equipment. positioning requirements for digital for Advocacy of the Small Business 122. Electronic Household/Consumer television signals. Administration. A copy of the Report Equipment. The Commission has not 125. Steps Taken to Minimize and Order and FRFA (or summaries developed a definition of small entities Significant Impact on Small Entities, thereof) will also be published in the applicable to manufacturers of and Significant Alternatives Considered. Federal Register. electronic equipment used by The RFA requires an agency to describe F. Ordering Clauses consumers, as compared to industrial any significant alternatives that it has use by television licensees and related considered in reaching its proposed 128. Accordingly, it is ordered that, businesses. Therefore, we will use the approach, which may include the pursuant authority found in sections 4(i) SBA definition applicable to following four alternatives: The 4(j), 303(r), 325, 336, 614, and 615 of the manufacturers of Household Audio and establishment of differing compliance or Communications Act of 1934, as Visual Equipment. According to the reporting requirements or timetables amended, 47 U.S.C. 154(i), 154(j), SBA’s regulations, a household audio that take into account the resources 303(r), 325, 336, 534, and 535, the and visual equipment manufacturer available to small entities; the Commission’s rules are hereby must have 750 or fewer employees in clarification, consolidation, or amended. order to qualify as a small business simplification of compliance or 129. It is further ordered that the concern. Census Bureau data indicates reporting requirements under the rule Consumer Information Bureau, that there are 410 U.S. firms that for small entities; the use of Reference Information Center, shall manufacture radio and television performance, rather than design, send a copy of this Report and Order broadcasting and communications standards; and an exemption from including the Final Regulatory equipment, and that 386 of these firms coverage of the rule, or any part thereof, Flexibility Analysis, to the Chief have fewer than 500 employees and for small entities. The Small Cable Counsel for Advocacy of the Small would be classified as small entities. Business Association (‘‘SCBA,’’ now Business Administration. The remaining 24 firms have 500 or known as the American Cable 130. It is further ordered that upon more employees; however, we are Association, ACA) filed comments as OMB approval of the information unable to determine how many of those described in the Report and Order, collection requirements contained in have fewer than 750 employees and supra. SCBA stated that unregulated these revisions the Federal therefore, also qualify as small entities analog retransmission consent demands, Communications Commission will under the SBA definition. Furthermore, and tying in particular, threatens small publish a document in the Federal the Census Bureau category is very cable operators’ financial viability. To Register announcing the effective date. VerDate 11 List of Subjects in 47 CFR Part 76 for a channel assigned pursuant to 5. Section 76.62 is amended by Cable television, Carriage, Digital § 73.606. revising paragraph (b) and adding television, Mandatory carriage, * * * * * paragraph (g) to read as follows: Television broadcast stations. 3. Section 76.56(e) is revised to read § 76.62 Manner of carriage. Federal Communications Commission. as follows: * * * * * Magalie Roman Salas, (b) Each such television broadcast Secretary. § 76.56 Signal carriage obligations. signal carried shall be carried without * * * * * Rule Changes material degradation, and, for analog (e) Carriage of additional broadcast signals, in compliance with technical For the reasons discussed in the television signals on such system shall standards set forth in subpart K of this preamble, the Federal Communications be at the discretion of the cable part. Commission amends Part 76 of Title 47 operator, subject to the retransmission * * * * * of the Code of Federal Regulations as consent rules, § 76.64. A cable system (g) With respect to carriage of digital follows: may also carry any ancillary or other signals, operators are not required to transmission contained in the broadcast PART 76—MULTICHANNEL VIDEO carry ancillary or supplementary television signal. AND CABLE TELEVISION SERVICE transmissions or non-program related * * * * * video material. 1. The authority citation for Part 76 6. Section 76.64 is amended by 4. Section 76.57 is amended by continues to read as follows: revising paragraphs (f) introductory text, redesignating paragraphs (c), (d), (e) as Authority: 47 U.S.C. 151, 152, 153, 154, (f)(4), and (k) to read as follows: paragraphs (d), (e), (f), adding a new 301, 302, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 336, 338, 339, 503, 521, 522, 531, paragraph (c), revising the newly § 76.64 Retransmission consent. 532, 533, 534, 535, 536, 537, 543, 544, 544a, redesignated paragraph (e), and the note * * * * * 545, 548, 549, 552, 554, 556, 558, 560, 561, that follows newly redesignated (f) Commercial television stations are 571, 572, 573. paragraph (e) is designated as ‘‘Note to required to make elections between § 76.57’’ to read as follows: 2. Section 76.5(b) is revised to read as retransmission consent and must-carry follows: § 76.57 Channel positioning. status according to the following schedule: * * * * * § 76.5 Definitions. * * * * * * * * * * (c) With respect to digital signals of a (4) New television stations and (b) Television station; television television station carried in fulfillment stations that return their analog broadcast station. Any television of the must-carry obligations, a cable spectrum allocation and broadcast in broadcast station operating on a channel operator shall carry the information digital only shall make their initial regularly assigned to its community by necessary to identify and tune to the election any time between 60 days prior § 73.606 or § 73.622 of this chapter, and broadcast television signal. to commencing broadcast and 30 days any television broadcast station licensed * * * * * after commencing broadcast or by a foreign government: Provided, commencing broadcasting in digital however, That a television broadcast (e) At the time a local commercial station elects must-carry status pursuant only; such initial election shall take station licensed by a foreign government effect 90 days after it is made. shall not be entitled to assert a claim to to § 76.64, such station shall notify the carriage, program exclusivity, or cable system of its choice of channel * * * * * retransmission consent authorization position as specified in paragraphs (a), (k) Retransmission consent pursuant to subpart D or F of this part, (b), and (d) of this section. A qualified agreements between a broadcast station but may otherwise be carried if NCE stations shall notify the cable and a multichannel video programming consistent with the rules on any service system of its choice of channel position distributor shall be in writing and shall tier. Further provided that a television when it requests carriage. Channel specify the extent of the consent being broadcast station operating on channels positioning requests from local granted, whether for the entire signal or regularly assigned to its community by commercial stations shall be fulfilled by any portion of the signal. This rule both §§ 73.606 and 73.622 of this the cable operator no later than October applies for either the analog or the chapter may assert a claim for carriage 6, 1993. digital signal of a television station. pursuant to subpart D of this part only * * * * * * * * * * VerDate 11 7. Section 76.922 is amended by investment will benefit subscribers, rate or service change. Such notice shall adding paragraph (f)(1)(vii) and revising including providing television broadcast state the precise amount of any rate paragraph (j)(1) to read as follows: programming in a digital format. change and briefly explain in readily * * * * * understandable fashion the cause of the § 76.922 Rates for the basic service tier rate change (e.g., inflation, change in and cable programming service tiers. 8. Section 76.1603(c) is revised to external costs or the addition/deletion read as follows: * * * * * of channels). When the change involves (f) * * * § 76.1603 Customer service—rate and the addition or deletion of channels, (vii) Headend equipment costs service changes. each channel added or deleted must be necessary for the carriage of digital * * * * * separately identified. For purposes of broadcast signals. (c) In addition to the requirement of the carriage of digital broadcast signals, * * * * * paragraph (b) of this section regarding the operator need only identify for (j) Network upgrade rate increase. (1) advance notification to customers of any subscribers, the television signal added Cable operators that undertake changes in rates, programming services and not whether that signal may be significant network upgrades requiring or channel positions, cable systems multiplexed during certain dayparts. added capital investment may justify an shall give 30 days written notice to both * * * * * increase in rates for regulated services subscribers and local franchising [FR Doc. 01–7323 Filed 3–23–01; 8:45 am] by demonstrating that the capital authorities before implementing any BILLING CODE 6712–01–P VerDate 11 Part III Department of Health and Human Services Administration for Children and Families Request for Applications Under the Office of Community Services’ Fiscal Year 2001 Community Food and Nutrition Program; Notice VerDate 11 DEPARTMENT OF HEALTH AND Number of Copies Required: One application will not be considered in HUMAN SERVICES signed original application and four the current competition. copies should be submitted at the time Extension of Deadlines: ACF may Administration for Children and of initial submission. (OMB–0970–0062, extend application deadlines when Families expiration date 10/31/2001). circumstances such as acts of God [Program Announcement No. OCS–2001–5] Submission Instructions: Mailed (floods, hurricanes, etc.) occur, or when applications shall be considered as there are widespread disruptions of the Request for Applications Under the meeting an announced deadline if they mail service. Determinations to extend Office of Community Services’ Fiscal are either received on or before the or waive deadline requirements rest Year 2001 Community Food and deadline date or sent on or before the with ACF’s Chief Grants Management Nutrition Program deadline date and received by ACF in Officer. time for the independent review. AGENCY: Office of Community Services, Table of Contents Applications mailed must bear a Administration for Children and legibly dated U.S. Postal Service Part A—Preamble Families, Department of Health and postmark or a legibly dated, machine 1. Legislative Authority Human Services. 2. Definitions of Terms produced postmark of a commercial ACTION: Request for applications under 3. Purpose of Community Food and mail service affixed to the envelope/ Nutrition Program the Office of Community Services’ package containing the application(s). Community Food and Nutrition 4. Project Requirements To be acceptable as proof of timely Part B—Application Requirements Program (CFNP). mailing, a postmark from a commercial 1. Eligible Applicants 2. Availability of Funds and Grant SUMMARY: The Administration for mail service must include the logo/ Amounts Children and Families (ACF), Office of emblem of the commercial mail service company and must reflect the date the 3. Project Periods and Budget Periods Community Services (OCS), announces 4. Administrative Costs/Indirect Costs that competing applications will be package was received by the commercial 5. Program Beneficiaries accepted for new grants pursuant to the mail service company from the 6. Number of Projects in Application Secretary’s discretionary authority applicant. Private metered postmarks 7. Multiple Submittal under Section 681 of the Community shall not be acceptable as proof of 8. Sub-Contracting or Delegating Projects Services Block Grant Act, as amended. timely mailing. (Applicants are Part C—Program Priority Area This Program Announcement contains cautioned that express/overnight mail 1. General Projects 2. Nationwide Programs forms and instructions for submitting an services do not always deliver as agreed.) Part D—Review Criteria application. The awarding of grants Criteria for Review and Evaluation of under this Program Announcement is Applications handcarried by Applications Submitted Under this subject to the availability of funds for applicants, applicants’ couriers, or by Program Announcement support of these activities. other representatives of the applicant Part E—Instructions for Completing DATES: The closing date for submission shall be considered as meeting an Application Package of applications is May 25, 2001. Mailed announced deadline if they are received 1. SF–424—Application for Federal on or before the deadline date, between Assistance applications postmarked after the 2. SF–424A—Budget Information—Non- closing date will be classified as late. the hours of 8:00 a.m. and 4:30 p.m., EST, at the U.S. Department of Health Construction FOR FURTHER INFORMATION, CONTACT: 3. SF–424B—Assurances—Non- and Human Services, Administration for Administration for Children and Construction Programs Children and Families, Office of Grants Families, Office of Community Services, 4. Project Narrative Management/OCSE, ACF Mailroom, 2nd Division of Community Discretionary Part F—Application Procedures Floor Loading Dock, Aerospace Center, Programs, 370 L’Enfant Promenade 1. Availability of Forms 901 D Street, SW, Washington, D.C. 2. Intergovernmental Review S.W., Washington DC 20447. Contact: 20024, between Monday and Friday 3. Application Consideration Catherine Rivers, Phone: (202) 401– (excluding Federal holidays). The 4. Criteria for Screening Applications 5252, Fax: (202) 401–4687. address must appear on the envelope/ Part G—Contents of Application Package and This Program Announcement is Receipt Process accessible on the OCS web site for package containing the application with 1. Contents of Application reading or downloading at: the note: Attention: Application for 2. Acknowledgement of Receipt www.acf.dhhs.gov/programs/ocs/ Community Food and Nutrition Part H—Post Award Information and kits1.htm Program. (Applicants are again Reporting Requirements The Catalog of Federal Domestic cautioned that express/overnight mail Attachments Assistance number for this program is services do not always deliver as A DHHS Poverty Guidelines B–1 Standard Form 424, Application for 93.571. The title is Community Food agreed.) ACF cannot accommodate Federal Assistance and Nutrition Program. B–2 Standard Form 424A, Budget transmission of applications by fax or Application Submission Information—Non-Construction through other electronic media. Programs Mailing Address: CFNP applications Therefore, applications transmitted to B–3 Standard Form 424B, Assurances— should be mailed to the U.S. ACF electronically will not be accepted Non-Construction Programs Department of Health and Human regardless of date or time of submission C–1 Certification Regarding Lobbying Services, Administration for Children and time of receipt. C–2 Standard Form LLL, Disclosure Of and Families, Office of Grants Once submitted, applications are Lobbying Activities Management/OCSE, 4th Floor West, considered final and no additional D Certification Regarding Drug-Free materials will be accepted. Workplace Requirements Aerospace Center, 370 L’Enfant E Certification Regarding Debarment, Promenade, SW, Washington, D.C. Late Applications: Applications Suspension, And Other Responsibility 20447; Attention: Application for which do not meet the criteria above are Matters Community Food and Nutrition considered late applications. ACF shall F Certification Regarding Environmental Program. notify each late applicant that its Tobacco Smoke VerDate 11 G State Single Point Of Contact Listing designated as such by the Secretary of increase a community’s capacity to Maintained By OMB Agriculture or the Secretary of Housing leverage resources and promote an H DHHS Regulations Applying To All and Urban Development. integrated approach to health and Applicants/Grantees Under The Indian tribe: A tribe, band, or other nutrition through existing programs and Community Food and Nutrition Program organized group of Native American I Applicant’s Checklist services. Indians recognized in the State or States Part A—Preamble in which it resides or considered by the 4. Project Requirements Secretary of the Interior to be an Indian Projects funded under this program 1. Legislative Authority tribe or an Indian organization for any should: The Community Services Block Grant purpose. (a) Be designed and intended to Act, as amended, authorizes the Innovative project: One that departs provide nutrition benefits, including Secretary of Health and Human Services from or significantly modifies past those which incorporate the benefits of to make funds available under several program practices and tests a new disease prevention, to a targeted low- programs to support program activities approach. income group of people; which will result in direct benefits Migrant farmworker: An individual (b) Provide outreach and public targeted to low-income people. This who works in agricultural employment education to inform eligible low-income Program Announcement covers the of a seasonal or other temporary nature individuals and families of other grant authority found at Section 681 of who is required to be absent from his/ nutritional services available to them the Community Services Block Grant her place of permanent residence in under the various Federally-assisted Act, as amended by the Community order to secure such employment. programs; Opportunities, Accountability, and Program income: Gross income (c) Carry out targeted Training and Educational Services Act earned by the grant recipient that is communications/social marketing to of 1998, Community Food and Nutrition directly generated by an activity improve dietary behavior and increase Programs, which authorizes the supported with grant funds. program participation among eligible Secretary to make funds available for Project period: The total time for low-income populations. Populations to grants to be awarded on a competitive which a project is approved for support, be targeted can include displaced basis to eligible entities for community- including any approved extensions. workers, elderly people, children, and based, local and statewide programs (1) Seasonal farmworker: Any individual the working poor. to coordinate private and public food employed in agricultural work of a (d) Consult with and/or inform local assistance resources, wherever the grant seasonal or other temporary nature who offices that administer other food recipient involved determines such is able to remain at his/her place of programs such as W.I.C. and Food coordination to be inadequate, to better permanent residence while employed. Stamps, where applicable, to ensure serve low-income populations; (2) to Self-sufficiency: A condition where an effective coordination which can jointly assist low-income communities to individual or family does not need and target services to increase their identify potential sponsors of child is not eligible for public assistance. effectiveness. Such consultation may nutrition programs and to initiate such Underserved area (as it pertains to include involving these offices in the programs in underserved or unserved child nutrition programs): A locality in planning of grant applications. areas; and (3) to develop innovative which less than one-half of the low- (e) Focus on one or more legislatively- approaches at the State and local level income children eligible for assistance mandated program activities: (1) to meet the nutrition needs of low- participate in any child nutrition Coordination of private and public food income individuals. program. assistance resources, wherever the grant The Act also requires that 20 percent 3. Purpose of Community Food and recipient involved determines such of the appropriated funds in excess of Nutrition Program coordination to be inadequate, to better $6 million be awarded on a competitive serve low-income populations; (2) The Department of Health and Human basis to eligible agencies for nationwide assistance to low-income communities Services (DHHS) is committed to programs, including programs in identifying potential sponsors of improving the overall health and benefiting Native Americans and child nutrition programs and initiating nutritional well-being of individuals migrant or seasonal farmworkers. such programs in unserved or through improved preventive health underserved areas; and (3) development 2. Definitions of Terms care and promotion of personal of innovative approaches at the state responsibility. The DHHS encourages For purposes of this Program and local level to meet the nutrition the approach to health promotion and Announcement, the following needs of low-income individuals. nutritional responsibility with personal definitions apply: The OCS views this program as a messages aimed at families and Budget period: The term ‘‘budget capacity building program, rather than communities, in various settings and period’’ refers to the interval of time as a service delivery program. into which a grant period of assistance environments in which individuals and (project period) is divided for budgetary groups can most effectively be reached. Part B—Application Requirements The DHHS is specifically interested in and funding purposes. 1. Eligible Applicants Displaced worker: An individual who improving the health and nutrition is in the labor market but has been status of low-income persons through Eligible applicants are State and local unemployed for six months or longer. improved access to healthy nutritious governments, as well as Indian tribes, Eligible entity: State and local foods or by other means. The DHHS and public and private nonprofit governments, as well as Indian tribes, encourages community efforts to agencies/organizations with a and public and private nonprofit improve the coordination and demonstrated ability to successfully agencies/organizations including integration of health and social services develop and implement programs and Community Action Agencies. (See Part for all low-income families, and to activities similar to those enumerated B–1). identify opportunities for collaborating above. The OCS encourages Historically Empowerment Zones and Enterprise with other programs and services for Black Colleges and Universities and Communities: Those Communities this population. Such collaboration can minority institutions to submit VerDate 11 applications. Eligible applicants with 5. Program Beneficiaries produce permanent and measurable programs benefiting Native Americans Projects proposed for funding under results that fulfill the purposes of this and migrant or seasonal farmworkers are this Announcement must result in program as described above. The OCS also encouraged to submit applications. direct benefits targeted toward low- grant funds, in combination with private Any nonprofit organization income people as defined in the most and/or other public resources, must be submitting an application must submit recent annual update of the Poverty targeted to low-income individuals and proof of its nonprofit status in its Income Guidelines published by DHHS. communities. application at the time of submission. Applicants will certify in their Attachment A to this Announcement is The nonprofit agency can accomplish submission that projects will only serve an excerpt from the most recently this by providing a copy of the the low-income population as stipulated published guidelines. Annual revisions applicant’s listing in the Internal in the DHHS Poverty Income Guidelines of these guidelines are normally Revenue Service’s (IRS) most recent list (Attachment A). Failure to comply with published in the Federal Register in of tax-exempt organizations described in the income guidelines may result in the February or early March of each year Section 501 (c)(3) of the IRS tax code or application being ineligible for by providing a copy of the currently and are applicable to projects being consideration for funding. valid IRS tax exemption certificate, or implemented at the time of publication. If an applicant is proposing a project by providing a copy of the applicant’s Grantees will be required to apply the which will affect a property listed in or Articles of Incorporation bearing the most recent guidelines throughout the eligible for inclusion in the National seal of the State in which the project period. The Federal Register Register of Historic Places, it must corporation or association is domiciled. may be obtained from public libraries, identify this property in the narrative Congressional offices, or by writing the and explain how it has complied with 2. Availability of Funds and Grant Superintendent of Documents, U.S. the provisions of Section 106 of the Amounts Government Printing Office, National Historic Preservation Act of a. Fiscal Year 2001 Funding Washington, DC 20402. The Federal 1966, as amended. If there is any Register is also available on the Internet question as to whether the property is The funds available for grant awards through GPO Access at the following under the CFNP in Fiscal Year 2001 are: listed in or is eligible for inclusion in web address: http:// the National Register of Historic Places, General Projects: $2,526,000 _ www.access.gpo.gov/su docs/aces/ applicant should consult with the State Nationwide Programs: $63,000 aces140.html. Historic Preservation Officer. The All grant awards are subject to the No other government agency or applicant should contact OCS early in availability of appropriated funds. privately defined poverty guidelines are the development of its application for b. Grant Amounts applicable to the determination of low- instructions regarding compliance with income eligibility for this OCS program. No individual grant application will the Act and data required to be be considered for an amount in excess 6. Number of Projects in Application submitted to DHHS. In the case of projects proposed for of $50,000 for applications submitted An application may contain only one funding which mobilize or improve the under General Projects. No eligible project and this project must address the coordination of existing public and organization may receive more than basic criteria found in Parts C and D of private food assistance resources, the $63,000 for a nationwide program. this Program Announcement. guidelines governing those resources c. Mobilization of Resources Applications which are not in apply. However, in the case of projects compliance with these requirements providing direct assistance to The OCS would like to mobilize as will be ineligible for funding. many resources as possible to enhance beneficiaries through grants funded projects funded under this program. The 7. Multiple Submittal under this program, beneficiaries must OCS supports and encourages fall within the official DHHS Poverty There is no limit to the number of Income Guidelines as set forth in applications submitted by applicants applications that can be submitted by an whose programs will leverage other Attachment A. eligible applicant as long as each Applications that propose the use of resources, either cash or third party in- application is for a different project. kind. grant funds for the development of any However, no applicant can receive more printed or visual materials must contain 3. Project Periods and Budget Periods than one grant. convincing evidence that these For most projects, OCS will grant 8. Sub-Contracting or Delegating materials are not available from other funds for one year. However, in rare Projects sources. The OCS will not provide instances, depending on the funding for such items if justification is The OCS will not fund any project not sufficient. Approval of any films or characteristics of any individual project where the role of the eligible applicant and on the justification presented by the visual presentations proposed by is primarily to serve as a conduit for applicants approved for funding will be applicant in its application, a grant may funds to other organizations. be made for a period of up to 17 months. made part of the grant award. In cases Part C—Program Priority Areas where material outlays for equipment 4. Administrative Costs/Indirect Costs (audio and visual) are requested, There is no administrative cost 1. General Projects—FN specific evidence must be presented that limitation for projects funded under this The application should include a there is a definite programmatic program. Indirect costs consistent with description of the target area and connection between the equipment approved indirect cost rate agreements population to be served as well as a (audio and visual) usage and the are allowable. Applicants should discussion of the nature and extent of outreach requirements described in Part enclose a copy of the current approved the problem to be solved. The A–3 of this Announcement. rate agreement. However, it should be application must contain a detailed and The OCS is also interested in projects understood that indirect costs are part specific work program that is both that address the needs of homeless of, and not in addition to, the amount sound and feasible. Projects funded families and welcomes applications that of funds awarded in the subject grant. under this Announcement must seek to develop innovative approaches VerDate 11 to promote health and nutritional In addressing the above criterion, the (2) Community Empowerment awareness among low-income applicant should address the basic Consideration—Special consideration populations. criteria and other mandated activities will be given to applicants who are found in Part A–4 and should include: located in areas which are characterized 2. Nationwide Programs—NP a. Project priorities and rationale for by poverty and other indicators of socio- Projects funded must be nationwide selecting them which relate to the economic distress such as a poverty rate in scope and must meet the specific nutritional problem(s) and/or of at least 20 percent, designation as an requirements of Part C–1 (General need(s) of the target population which Empowerment Zone or Enterprise Projects). No eligible organization may were identified under Criterion I; Community, high levels of receive more than $63,000 for a b. Goals and objectives that speak to unemployment, and high levels of nationwide program. the(se) problem(s) and/or need(s); and incidences of violence, gang activity, c. Project activities that, if Part D—Review Criteria crime, or drug use. Applicants should successfully carried out, can be document that they were involved in Applications that pass the initial reasonably expected to result in the the preparation and planned screening and pre-rating review (see achievement of these goals and implementation of a comprehensive Part F, section 4) will be assessed and objectives. community-based strategic plan to scored by reviewers. Each reviewer will achieve both economic and human Criterion III: Significant and Beneficial give a numerical score for each development in an integrated manner. Impact (Maximum: 30 Points) application reviewed. These numerical (0–5 Points) scores will be supported by explanatory (1) Applicant proposes to significantly If the applicant is receiving funds statements on a formal rating form improve or increase nutrition services to from the State for community food and describing major strengths and low-income people and such nutrition activities, the applicant should weaknesses under each applicable improvements or increases are address how the funds are being criterion published in the quantified. (0–15 Points) utilized, and how they will be Announcement. (2) Project incorporates promotional coordinated with the proposed project The in-depth evaluation and review health and social services activities for to maximize the effectiveness of both. If process will use the following criteria low-income people, along with State funds are being used in the project coupled with the specific requirements nutritional services. (0–5 Points) for which OCS funds are being as described in Part F. (3) Project will significantly leverage requested, their usage should be When writing their Project Narrative, or mobilize other community resources specifically described. applicants should respond to the review and such resources are detailed and criteria using the same sequential order. quantified. (0–5 Points) Criterion V: Organizational Experience Note: The following review criteria (4) Project addresses problem(s) that in Program Area and Staff reiterate the information requirements can be resolved by one-time OCS Responsibilities (Maximum: 15 Points) contained in Part A of this Announcement. funding or demonstrates that non- (1) Organizational experience in Federal funding is available to continue program area (0–5 Points). Criteria for Review and Evaluation of the project without Federal support. (0– Documentation provided indicates Applications Submitted Under This 5 Points) that projects previously undertaken Program Announcement In addressing the above criterion, the have been relevant and effective and Criterion I: Analysis of Needs/Priorities applicant must include quantitative data have provided permanent benefits to the (Maximum: 10 Points) for items (1), (2), and (3), and discuss low-income population. Organizations (1) Target area and population to be how the beneficial impact relates to the that propose providing training and served are adequately described. (0–4 relevant legislatively-mandated program technical assistance have detailed Points) activities identified in Part A–1 and the competence in the program area and as In addressing the above criterion, the problems and/or needs described under a deliverer with expertise in the fields applicant should include a description Criterion I. of training and technical assistance. If applicable, information provided by of the target area and population to be Criterion IV: Coordination/Services these applicants also addresses related served including specific details on any Integration (Maximum: 15 Points) minority population(s) to be served. achievements and competence of each (2) Nature and extent of problem(s) (1) Project shows evidence of cooperating or sponsoring organization. and/or need(s) to be addressed are coordinated community-based planning (2) Management History (0–5 Points). adequately described and documented. in its development, including strategies Applicants must demonstrate their (0–6 Points) in the work program to carry on ability to implement sound and effective In addressing the above criterion, the activities in collaboration with other management practices and if they have applicant should include a discussion of locally-funded Federal programs (such been recipients of other Federal or other the nature and extent of the problem(s) as DHHS health and social services and governmental grants, they must also and/or need(s), including specific USDA Food and Consumer Service document that they have consistently information on minority populations(s). programs) in ways that will eliminate complied with financial and program duplication and will, for example, (1) progress reporting and audit Criterion II: Adequacy of Work Program unite funding streams at the local level requirements. Such documentation may (Maximum: 25 Points) to increase program outreach and be in the form of references to any (1) Realistic quarterly time targets are effectiveness, (2) facilitate access to available audit or progress reports and set forth by which the various work other needed social services by should be accompanied by a statement tasks will be completed. (0–10 Points) coordinating and simplifying intake and by a Certified or Licensed Public (2) Activities are adequately described eligibility certification processes for Accountant as to the sufficiency of the and appear reasonably likely to achieve clients, or (3) bring project participants applicant’s financial management results which will have a desired impact into direct interaction with holistic system to protect adequately any on the identified problems and/or family development resources in the Federal funds awarded under the needs. (0–15 Points) community where needed. (0–10 Points) application submitted. VerDate 11 (3) Staffing Skills, Resources and that listed as corresponding to the 2. SF–424A—Budget Information—Non- Responsibilities (0–5 Points). Employer Identification Number. Where Construction Programs (Attachment B– The application adequately describes the applicant is a previous DHHS 2) the experience and skills of the grantee, enter the Central Registry See the instructions accompanying proposed project director showing that System/Employee Identification the Attachment as well as the the individual is not only well qualified, Number (CRS/EIN) and the Payment instructions set forth below. but that his/her professional capabilities Identifying Number (PIN), if one has In completing these sections, the are relevant to the successful been assigned, in the block entitled Federal funds budget entries will relate implementation of the project. If the key Federal Identifier located at the top right to the requested OCS Community Food staff person has not yet been identified, hand corner of the form. and Nutrition Program funds only, and the application contains a Item 7. Type of Applicant—If the non-Federal will include mobilized comprehensive position description funds from all other sources— applicant is a nonprofit corporation, which indicates that the responsibilities applicants, State, and other Federal enter the letter ‘‘N’’ in the box and to be assigned to the project director are funds other than those requested from relevant to the successful specify nonprofit corporation in the the Community Food and Nutrition implementation of the project. The space marked ‘‘Other’’. Proof of Program should be included in non- application must indicate that the nonprofit status, such as IRS Federal entries. applicant has adequate facilities and certification, Articles of Incorporation, Sections A and D of SF–424A must resources (i.e. space and equipment) to or By-laws must be included as an contain entries for both Federal (OCS) successfully carry out the work plan. appendix to the project narrative. and non-Federal mobilized funds. In addressing the above criterion, the Item 8. Type of Application—Check Section A—Budget Summary applicant must clearly show that ‘‘New’’ sufficient time of the Project Director Lines 1–4 and other senior staff will be budgeted Item 9. Name of Federal Agency— Enter ‘‘DHHS–ACF/OCS’’ Column (a) Line 1—Enter OCS CFNP. to assure timely implementation and Column (b) Line 1—Enter 93.571. oversight of the project and that the Item 10. The Catalog of Federal Columns (c) and (d)—Not Applicable. assigned responsibilities of the staff are Domestic Assistance (CFDA) Number— Columns (e), (f) and (g)—Line 1— appropriate to the tasks identified for The CFDA number for the OCS program Enter appropriate amounts needed to the project. covered under this Announcement is support the project for the entire project period. Criterion VI: Adequacy of Budget 93.571. The title is ‘‘Community (Maximum: 5 Points) Services Block Grant Discretionary Line 5 Awards—Community Food and The budget is adequate and Nutrition Program’’. Enter the figures from Line 1 for all administrative costs are appropriate in columns completed, (e), (f), and (g). relation to the services proposed. (0–5 Item 11. Descriptive Title of Project— Section B—Budget Categories Points) In addition to a brief descriptive title of the project, indicate the priority area for This section should contain entries Part E—Instructions for Completing which funds are being requested. Use for OCS funds only. For all projects, the Application Package the following letter designations: first budget period of 12 months will be entered in Column (1). The standard forms attached to this FN—General Projects Announcement shall be used when Allocability of costs is governed by submitting applications for all funds NP—Grants to organizations with applicable cost principles set forth in under this Announcement. It is nationwide programs the Code of Federal Regulations (CFR), recommended that you reproduce Item 12. Areas Affected by Project— Title 45, Parts 74 and 92. Budget estimates for administrative single-sided copies of the SF–424, SF– List only the largest unit or units costs must be supported by adequate 424A and SF–424B, and type your affected, such as State, county or city. application on the copies. Please detail for the grants officer to perform a prepare your application in accordance Item 13. Proposed Project Dates— cost analysis and review. Adequately with the instructions provided with the Show 12-month project period. (See Part detailed calculations for each budget forms, as well as with the OCS specific B–3) In addition, the project period start object class are those which reflect instructions set forth below: date must be on or before September 30, estimation methods, quantities, unit 2001. costs, salaries, and other similar 1. SF–424—Application for Federal Item 14. Congressional District of quantitative detail sufficient for the Assistance (Attachment B–1) Applicant/Project—Enter the number(s) calculation to be duplicated. For any Item 1. Type of Submission—For the of the Congressional District where the additional object class categories purposes of this Announcement, all applicant’s principal office is located included under the object class other, projects are considered Applications; and the number(s) of the Congressional identify the additional object class(es) there are no Pre-applications. District(s) where the project will be and provide supporting calculations. Item 2. Date Submitted and Applicant located. Supporting narratives and Identifier—Enter the date the justifications are required for each application is submitted to ACF and the Item 15. Estimated Funding—15a. budget category, with emphasis on applicant’s internal control number, if Show the total amount requested for the unique/special initiatives; large dollar applicable. entire project period; 15b. thru 15e. For amounts; local, regional, or other travel; Item 3. Date Received by State—N/A. each line item, show both cash and new positions; major equipment Item 4. Date Received by Federal third party in-kind contributions for the purchases; and training programs. Agency—Leave blank. total project period; 15f. Show the A detailed itemized budget with a Items 5 & 6. Applicant Information & estimated amount of program income separate budget justification for each Employer Identification Number—The for the total project period; 15g. Enter major item should be included as legal name of the applicant must match the sum of all the lines. indicated below: VerDate 11 Line 6a Line 6e Line 6j Personnel—Enter the total costs of Supplies—Enter the total costs of all Indirect Charges—Enter the total salaries and wages. tangible personal property other than amount of indirect costs. This line that included on line 6d. should be used only when the applicant Justification—Identify the project currently has an indirect cost rate director and staff. Specify by title or Justification—Provide a general description of what is being purchased approved by DHHS or other Federal name the percentage of time allocated to agencies. the project, the individual annual such as type of supplies (office, classroom, medical, etc.). Include If the applicant organization is in the salaries and the cost to the project (both process of initially developing or Federal and non-Federal) of the equipment costing less than $5,000 per item. renegotiating a rate, it should, organization’s staff who will be working immediately upon notification that an on the project. Line 6f award will be made, develop a tentative Line 6b Contractual—Costs of all contracts for indirect cost rate proposal based on its services and goods except for those most recently completed fiscal year in Fringe Benefits—Enter the total costs which belong under other categories accordance with the principles set forth of fringe benefits unless treated as part such as equipment, supplies, in the pertinent DHHS Guide for of an approved indirect cost rate which construction, etc. Third-party evaluation Establishing Indirect Cost Rates and is entered on Line 6j. contracts (if applicable) and contracts submit it to the appropriate DHHS Justification—Enter the total costs of with secondary recipient organizations, Regional Office. It should be noted that fringe benefits, unless treated as part of including delegate agencies and specific when an indirect cost rate is requested, an approved indirect cost rate. Provide project(s) or businesses to be financed those costs included in the indirect cost pool cannot also be budgeted or charged a breakdown of amounts and by the applicant, should be included as direct costs to the grant. Indirect costs percentages that comprise fringe benefit under this category. costs. consistent with approved indirect cost Justification: All procurement rate agreements are allowable. Also, if Line 6c transactions shall be conducted in a the applicant is requesting a rate which manner to provide, to the maximum is less than what is allowed under the Travel—Enter total cost of all travel extent practical, open and free program, the authorized representative by employees of the project. Do not competition. Recipients and of the applicant organization must enter costs for consultant’s travel. subrecipients, other than States that are submit a signed acknowledgement that Justification—Include the name(s) of required to use Part 92 procedures, must the applicant is accepting a lower rate traveler(s), total number of trips, justify any anticipated procurement than allowed. destinations, length of stay, mileage action that is expected to be awarded rate, transportation costs and without competition and exceed the Line 6k subsistence allowances. Traveler must simplified acquisition threshold fixed at Totals—Enter the total amount of be a person listed under the personnel 41 USC 403(11) currently set at Lines 6i and 6j. $100,000. Recipients might be required line or employee being paid under non- Line 7 Federal share. (Note: Local to make available to ACF pre-award transportation and consultant travel review and procurement documents, Program Income—Enter the estimated costs are entered on Line 6h.) such as request for proposals or amount of income, if any, expected to be invitations for bids, independent cost generated from this project. Separately Line 6d estimates, etc. show expected program income Equipment—Enter the total costs of Note: Whenever the applicant intends to generated from OCS support and all equipment to be acquired by the delegate part of the project to another agency, income generated from other mobilized the applicant must provide a detailed budget funds. Do not add or subtract this project. Equipment means an article of and budget narrative for each delegate amount from the budget total. Show the nonexpendable, tangible personal agency, by agency title, along with the nature and source of income in the property having a useful life of more required supporting information referred to program narrative statement. than one year and an acquisition cost in these instructions. Justification—Describe the nature, which equals or exceeds the lesser of (a) source and anticipated use of program the capitalization level established by Line 6g income in the Program Narrative the organization for financial statement Construction—Not applicable. Statement. purposes, or (b) $5,000. [Note: If an applicant’s current rate agreement was Line 6h Section C—Non-Federal Resources based on another definition for Other—Enter the total of all other This section is to record the amounts equipment, such as ‘‘tangible personal costs. Such costs, where applicable, may of non-Federal resources that will be property $500 or more’’, the applicant include, but are not limited to, used to support the project. Non-Federal shall use the definition used by the insurance, food, medical and dental resources mean other than OCS funds cognizant agency in determining the costs (non-contractual); fees and travel for which the applicant has received a rate(s). However, consistent with the paid directly to individual consultants; commitment. Provide a brief applicant’s equipment policy, lower local transportation (all travel which explanation, on a separate sheet, limits may be set.] does not require per diem is considered showing the type of contribution, Justification—Equipment to be local travel); space and equipment broken out by Object Class Category, purchased with Federal funds must be rentals; printing and publication; (see SF–424A, Section B.6) and whether required to conduct the project, and the computer use training costs including it is cash or third party in-kind. The applicant organization or its subgrantees tuition and stipends; training service firm commitment of these required must not already have the equipment or costs including wage payments to funds must be documented and a reasonable facsimile available to the individuals and supportive service submitted with the application in order project. payments; and staff development costs. to be given credit in the criterion. VerDate 11 Except in unusual situations, this Line 23 ‘‘Intergovernmental Review of documentation must be in the form of Provide any other explanations and Department of Health and Human letters of commitment or letters of intent continuation sheets required or deemed Services Program and Activities.’’ Under from the organization(s)/individuals necessary to justify or explain the the Order, States may design their own from which funds will be received. budget information. processes for reviewing and commenting on proposed Federal Line 8 3. SF–424B—Assurances Non- assistance under covered programs. Column (a)—Enter the project title. Construction Programs (Attachment B– All States and Territories except Column (b)—Enter the amount of cash 3) Alabama, Alaska, Arizona, Colorado, or donations to be made by the All applicants must sign and return Connecticut, Hawaii, Idaho, Indiana, applicant. the ‘‘Assurances’’ with the application. Kansas, Louisiana, Massachusetts, Minnesota, Montana, Nebraska, New Column (c)—Enter the State 4. Project Narrative Jersey, New York, Ohio, Oklahoma, contribution. Each narrative should include the Oregon, Pennsylvania, South Dakota, Column (d)—Enter the amount of cash following major sections: Tennessee, Vermont, Virginia, and third party in-kind contributions to Washington, Wyoming, American be made from all other sources. a. Analysis of Need b. Project Design (Adequacy of Work Samoa and Palau have elected to Column (e)—Enter the total of Program) participate in the Executive Order columns (b), (c), and (d). c. Significant and Beneficial Impact process and have established Single Points of Contact (SPOCs). Applicants Lines 9, 10 and 11 d. Coordination/Services Integration e. Organizational Experience in Program from these twenty-eight jurisdictions Leave Blank Area and Staff Responsibilities need take no action regarding E.O. 12372. Applicants for projects to be Line 12 f. Adequacy of Budget The project narrative must address the administered by Federally-recognized Carry the total of each column of Line specific purposes mentioned in Part A Indian Tribes are also exempt from the 8, (b) through (e). The amount in of this Program Announcement. The requirements of E.O. 12372. Otherwise, Column (e) should be equal to the narrative should provide information on applicants should contact their SPOCs amount on Section A, Line 5, Column how the application meets the as soon as possible to alert them of the (f). evaluation criteria in Part D of this prospective applications and receive Justification—Describe third party in- Program Announcement. any necessary instructions. Applicants kind contributions, if included. must submit any required material to Part F—Application Procedures the SPOCs as soon as possible so that Section D—Forecasted Cash Needs 1. Availability of Forms the program office can obtain and Line 13 review SPOC comments as part of the Applications for awards under this award process. It is imperative that the Federal—Enter the amount of Federal OCS program must be submitted on applicant submit all required materials, (OCS) cash needed for this grant, by Standard Forms (SF) 424, 424A, and if any, to the SPOC and indicate the date quarter, during the 12-month budget 424B. Part E and the Attachments to this of this submittal (or indicate ‘‘not period. Program Announcement contain all the applicable’’ if no submittal is required) instructions and forms required for Line 14 on the Standard Form 424, item 16a. submittal of applications. The forms Under 45 CFR 100.8(a)(2), a SPOC has Non-Federal—Enter the amount of may be reproduced for use in submitting 60 days from the application deadline to cash from all other sources needed by applications. comment on proposed new or quarter during the first year. A copy of this Program competing continuation awards. Announcement is available on the SPOCs are encouraged to eliminate Line 15 Internet through the OCS web site at the the submission of routine endorsements Totals—Enter the total of Lines 13 and following web address: as official recommendations. 14. www.acf.dhhs.gov/programs/ocs/ Additionally, SPOCs are requested to kits1.htm. clearly differentiate between mere Section F—Other Budget Information This Program Announcement also advisory comments and those official Line 21 may be obtained by telephoning the State process recommendations which office listed in the section entitled FOR may trigger the ‘‘accommodate or Direct Charges—Include narrative FURTHER INFORMATION CONTACT at the explain’’ rule. justification required under Section B beginning of this Announcement. When comments are submitted for each object class category for the The information requested under this directly to ACF, they should be total project period. Program Announcement is covered addressed to: Department of Health and Line 22 under the following OMB information Human Services, Administration for collection clearances: SF–424 (No. Children and Families, OCSE Office of Indirect Charges—Enter the type of 0348–0043), SF–424A (No. 0348–0044), Grants Management, 370 L’Enfant DHHS or other Federal agency approved SF–424B (No. 0348–0040), and other Promenade, S.W., 4th floor East, indirect cost rate (provisional, requirements for OCS applications (No. Washington, D.C. 20447. predetermined, final or fixed) that will 0970–0062, expiration date October 31, A list of the Single Points of Contact be in effect during the funding period, 2001). for each State and Territory is included the estimated amount of the base to as Attachment G of this Announcement. which the rate is applied and the total 2. Intergovernmental Review indirect expense. Also, enter the date This program is covered under 3. Application Consideration the rate was approved, where Executive Order 12372, Applications that meet the screening applicable. Attach a copy of the ‘‘Intergovernmental Review of Federal requirements in Section 4 below will be approved rate agreement. Programs,’’ and 45 CFR Part 100, reviewed competitively. Such VerDate 11 applications will be referred to Program Announcement in the match the Employer Identification reviewers for a numerical score and following areas: Number (Item 6). explanatory comments based solely on (1) Eligibility—Applicant meets the d. SF–424A (Budget Information— responsiveness to program guidelines eligibility requirements found in Part B. Non-Construction Programs) and evaluation criteria published in this (2) Number of Projects—The (Attachment B–2) must be completed. Announcement. Applications will be application contains only one project. e. SF–424B (Assurances—Non- reviewed by persons outside of the OCS (3) Target Populations—The Construction Programs) (Attachment B– unit which would be directly application clearly targets the specific 3) must be filed by applicants requesting responsible for programmatic outcomes and benefits of the project to financial assistance for a non- management of the grant. The results of low-income participants and construction project. Applicants must these reviews will assist the Director beneficiaries as defined in the DHHS sign and return the SF–424B with their and OCS program staff in considering Poverty Income Guidelines (Attachment applications. competing applications. Reviewers’ A). f. Certification Regarding Lobbying scores will weigh heavily in funding (4) Grant Amount—The amount of (Attachment C–1). Applicants must decisions but will not be the only funds requested does not exceed provide a certification concerning factors considered. Applications will $50,000 (except for nationwide lobbying. Prior to receiving an award in generally be considered in order of the programs). excess of $100,000, applicants shall average scores assigned by reviewers. (5) Program Focus—The application furnish an executed copy of the However, highly ranked applications are addresses the purposes described in Part lobbying certification. Applicants must not guaranteed funding since the A of this Announcement. sign and return the certification with Director may also consider other factors c. Evaluation Criteria—Applications their applications. deemed relevant including, but not that pass the initial screening and pre- g. Disclosure of Lobbying Activities limited to, the timely and proper rating review will be assessed and (SF–LLL). Applicants must fill-in, sign completion of projects funded with OCS scored by reviewers. Each reviewer will and date form found at Attachment C– funds granted in the last five (5) years; give a numerical score for each 2. (This form is required only if comments of reviewers and government application reviewed. These numerical lobbying has actually taken place or is officials; staff evaluation and input; scores will be supported by explanatory expected to take place in trying to geographic distribution; previous statements on a formal rating form obtain the grant for which the applicant program performance of applicant; describing major strengths and major is applying.) h. Project Narrative (See Part E, compliance with grant terms under weaknesses under each applicable section 4) previous DHHS grants; audit reports; criterion published in this Announcement. i. Certification Regarding Drug-Free investigative reports; and applicant’s Workplace Requirements (Attachment progress in resolving any final audit Part G—Contents of Application D). Applicants must make the disallowances on OCS or other Federal Package and Receipt Process appropriate certification of their agency grants. The OCS reserves the 1. Contents of Application compliance with the Drug-Free right to discuss applications with other Workplace Act of 1988. By signing and Federal or non-Federal funding sources Each application submission must submitting the applications, applicants to ascertain the applicant’s performance include a signed original and four are providing the certification and need record. additional copies of the application. not mail back the certification with the 4. Criteria for Screening Applications Each copy of the application MUST applications. contain, in the order listed, each of the j. Certification Regarding Debarment, a. Initial Screening—All applications following: Suspension, Etc. (Attachment E). that meet the application deadline will a. Table of Contents with page Applicants must make the appropriate be screened to determine completeness numbers noted for each major section certification that they are not presently and conformity to the requirements of and subsection of the application, debarred, suspended or otherwise this Announcement. Only those including the appendices. Each page in ineligible for award. By signing and applications meeting the below listed the application, including those in all submitting the applications, applicants requirements will be reviewed and appendices, must be numbered are providing the certification and need evaluated competitively. Others will be consecutively. not mail back the certification with the returned to the applicants with a b. A Project Abstract which is a applications. notation that they were unacceptable. succinct description of the project in k. Certification Regarding (1) The application must contain a 200 words or less. The abstract should Environmental Tobacco Smoke completed and signed Standard Form be on a separate page and should show (Attachment F). Applicants must make SF–424. (in the upper left-hand corner) the the appropriate certification of their (2) The SF–424 must be signed by an applicant’s legal name and address, and compliance with the Pro-Children Act official of the organization applying for the name and telephone number of the of 1944. By signing and submitting the the grant who has authority to obligate contact person for project information. applications, applicants are providing the organization legally. c. The SF–424 (Application for the certification and need not mail back b. Pre-Rating Review—Applications Federal Assistance). (Attachment B–1) the certification with the applications. which pass the initial screening will be should be completed in accordance with The total number of pages for the forwarded to reviewers for analytical instructions provided with the form, as narrative portion of the application comment and scoring based on the well as OCS specific instructions set package must not exceed 30 pages in its criteria detailed in the section below forth in Part E of this Announcement. entirety. Applications must be uniform and the specific requirements contained The SF–424 must contain an original in composition since OCS may find it in Part A of this Announcement. Prior signature of the certifying representative necessary to duplicate them for review to the programmatic review, these of the applicant organization. purposes. Therefore, applications must reviewers and/or OCS staff will verify Applicants must also be aware that the be submitted on 81⁄2 x 11-inch paper that the applications comply with this applicant’s legal name (Item 5) MUST only. They must not include colored, VerDate 11 oversized or folded materials, applicant has engaged in lobbying Attachment C–2—Standard Form LLL, organizational brochures, or other activities or is expected to lobby in Disclosure of Lobbying Activities promotional materials, slides, films, trying to obtain the grant. It provides Attachment D—Certification Regarding clips, etc. Such materials will be limited exemptions for Indian tribes and Drug-Free Workplace Requirements discarded if included. tribal organizations. Current and Attachment E—Certification Regarding Applications should be two-holed prospective recipients (and their subtier Debarment, Suspension, And Other punched at the top center and fastened contractors and/or grantees) are Responsibility Matters (Primary and separately with a compressor slide prohibited from using appropriated Lower Tier Covered Transactions) paper fastener or a binder clip. funds for lobbying Congress or any Attachment F—Certification Regarding While applications must be Federal agency in connection with the Environmental Tobacco Smoke comprehensive, OCS encourages award of a contract, grant, cooperative Attachment G—State Single Point of conciseness and brevity in the agreement or loan. In addition, for each Contact Listing Maintained By OMB presentation of materials and cautions award action in excess of $100,000 (or Attachment H—DHHS Regulations the applicant to avoid unnecessary $150,000 for loans) the law requires Applying To All Applicants/ duplication of information. recipients and their subtier contractors Grantees Under The Community Food and Nutrition Program 2. Acknowledgement of Receipt and/or subgrantees (1) to certify that they have neither used nor will use any Attachment I—Applicant’s Checklist An acknowledgement will be mailed appropriated funds for payment to Attachment A to all applicants with an identification lobbyists, (2) to submit a declaration number which will be noted on the setting forth whether payments to 2001 POVERTY GUIDELINES FOR THE acknowledgement. This number must be lobbyists have been or will be made out 48 CONTIGUOUS STATES AND THE referred to in all subsequent of non-appropriated funds and, if so, the DISTRICT OF COLUMBIA communications with OCS concerning name, address, payment details, and the application. If an acknowledgement purpose of any agreements with such Size of family unit Poverty is not received within three weeks after lobbyists whom recipients or their guideline the application deadline, applicants subtier contractors or subgrantees will must notify ACF by telephone (202) pay with the non-appropriated funds, 1 ...... $8,590 260–6662. Applicant should also submit 2 ...... 11,610 and (3) to file quarterly updates about 3 ...... 14,630 a mailing label for the the use of lobbyists if any event occurs acknowledgement. (Note: To facilitate 4 ...... 17,650 that materially affects the accuracy of 5 ...... 20,670 receipt of this acknowledgement from the information submitted by way of 6 ...... 23,690 ACF, applicant should include a cover declaration and certification. The law 7 ...... 26,710 letter with the application containing an establishes civil penalties for 8 ...... 29,730 E-mail address and facsimile (FAX) noncompliance and is effective with number if these items are available to For family units with more than 8 members, respect to contracts, grants, cooperative add $3,020 for each additional member. applicant.) agreements and loans entered into or (The same increment applies to smaller made on or after December 23, 1989. See family sizes also, as can be seen in the fig- Part H—Post Award Information and ures above). Reporting Requirements Attachments C–1 and C–2 for certification and disclosure forms to be Following approval of the 2001 POVERTY GUIDELINES FOR submitted with the applications for this applications selected for funding, notice program. ALASKA of project approval and authority to Attachment H indicates the draw down project funds will be made Size of family unit Poverty in writing. The official award document regulations that apply to all applicants/ guideline is the Financial Assistance Award grantees under the FY 2001 Community which provides the amount of Federal Food and Nutrition Program. 1 ...... $10,730 2 ...... 14,510 Dated: March 20, 2001. funds approved for use in the project, 3 ...... 18,290 the budget period for which support is Robert Mott, 4 ...... 22,070 provided, and the terms and conditions Acting Director, Office of Community 5 ...... 25,850 of the award. Services. 6 ...... 29,630 In addition to the General Conditions 7 ...... 33,410 and Special Conditions (where the latter Community Food and Nutrition 8 ...... 37,190 Program are warranted) that will be applicable to For family units with more than 8 members, grants, grantees will be subject to the List of Attachments add $3,780 for each additional member. provisions of 45 CFR Parts 74 (non- (The same increment applies to smaller Attachment A—2000 Poverty governmental) and 92 (governmental) family sizes also, as can be seen in the fig- Guidelines For The 48 Contiguous along with Circulars 122 (non- ures above). States And The District Of governmental) and 87 (governmental). Grantees will be required to submit Columbia, Alaska, and Hawaii 2001 POVERTY GUIDELINES FOR semi-annual progress and financial Attachment B–1—Standard Form 424, HAWAII reports (SF–269) as well as a final Application for Federal Assistance progress and financial report. Attachment B–2—Standard Form 424A, Size of family unit Poverty Grantees are subject to the audit Budget Information—Non- guidelines Construction Programs requirements in 45 CFR Parts 74 and 92. 1 ...... $9,890 Section 319 of Public Law 101–121, Attachment B–3—Standard Form 424B, 2 ...... 13,360 signed into law on October 23, 1989, Assurances—Non-Construction 3 ...... 16,830 imposes new prohibitions and Programs 4 ...... 20,300 requirements for disclosure and Attachment C–1—Certification 5 ...... 23,770 certification related to lobbying when Regarding Lobbying 6 ...... 27,240 VerDate 11 2001 POVERTY GUIDELINES FOR HAWAII—Continued Poverty Size of family unit guidelines 7 ...... 30,710 8 ...... 34,180 For family units with more than 8 members, add $3,470 for each additional member. (The same increment applies to smaller family sizes also, as can be seen in the fig- ures above). BILLING CODE 4184–01–P VerDate 11 BILLING CODE 4184–01–C VerDate 11 INSTRUCTIONS FOR THE SF–424 Federal identifier number. If for a new 12. List only the largest political entities Public reporting burden for this collection project, leave blank. affected (e.g., State, counties, cities). of information is estimated to average 45 5. Legal name of applicant, name of 13. Self-explanatory. minutes per response, including time for primary organizational unit which will 14. List the applicant’s Congressional reviewing instructions, searching existing undertake the assistance activity, complete District and any district(s) affected by the data sources, gathering and maintaining the address of the applicant, and name and program or project. data needed, and completing and reviewing telephone number of the person to contact on 15. Amount requested or to be contributed the collection of information. Send matters related to this application. during the first funding/budget period by comments regarding the burden estimate or 6. Enter Employer Identification Number each contributor. Value of inkind any other aspect of this collection of (EIN) as assigned by the Internal Revenue contributions should be included on information, including suggestions for Service. appropriate lines as applicable. If the action reducing this burden, to the Office of 7. Enter the appropriate letter in the space will result in a dollar change to an existing Management and Budget, Paperwork provided. award, indicate only the amount of the Reduction Project (0348–0043), Washington, 8. Check appropriate box and enter change. For decreases, enclose the amounts DC 20503. appropriate letter(s) in the space(s) provided: in parentheses. If both basic and supplemental amounts are included, show PLEASE DO NOT RETURN YOUR —‘‘New’’ means a new assistance award. breakdown on an attached sheet. For COMPLETED FORM TO THE OFFICE OF —‘‘Continuation’’ means an extension for an MANAGEMENT AND BUDGET. SEND IT TO multiple program funding, use totals and additional funding/budget period for a THE ADDRESS PROVIDED BY THE show breakdown using same categories as project with a projected completion date. SPONSORING AGENCY. item 15. —‘‘Revision’’ means any change in the This is a standard form used by applicants 16. Applicants should contact the State Federal Government’s financial obligation as a required facesheet for preapplications Single Point of Contact (SPOC) for Federal or contingent liability from an existing and applications submitted for Federal Executive Order 12372 to determine whether obligation. assistance. It will be used by Federal agencies the application is subject to the State to obtain applicant certification that States 9. Name of Federal agency from which intergovernmental review process. which have established a review and assistance is being requested with this 17. This question applies to the applicant comment procedure in response to Executive application. organization, not the person who signs as the Order 12372 and have selected the program 10. Use the Catalog of Federal Domestic authorized representative. Categories of debt to be included in their process, have been Assistance number and title of the program include delinquent audit disallowances, given an opportunity to review the under which assistance is requested. loans and taxes. applicant’s submission. 11. Enter a brief descriptive title of the 18. To be signed by the authorized Item/Entry project. If more than one program is representative of the applicant. A copy of the 1. Self-explanatory. involved, you should append an explanation governing body’s authorization for you to 2. Date application submitted to Federal on a separate sheet. If appropriate (e.g., sign this application as official representative agency (or State if applicable) and applicant’s construction or real property projects), attach must be on file in the applicant’s office control number (if applicable). a map showing project location. For (Certain Federal agencies may require that 3. State use only (if applicable). preapplications, use a separate sheet to this authorization be submitted as part of the 4. If this application is to continue or provide a summary description of this application.) revise an existing award, enter present project. BILLING CODE 4184–01–P VerDate 11 VerDate 11 BILLING CODE 4184–01–C VerDate 11 INSTRUCTIONS FOR THE SF–424A Lines 1–4, Columns (c) through (g) Federal grantor agency in determining the Public reporting burden for this collection For new applications, leave Column (c) and total amount of the grant. of information is estimated to average 180 (d) blank. For each line entry in Columns (a) Section C. Non-Federal Resources minutes per response, including time for and (b), enter in Columns (e), (f), and (g) the reviewing instructions, searching existing appropriate amounts of funds needed to Lines 8–11 data sources, gathering and maintaining the support the project for the first funding Enter amounts of non-Federal resources data needed, and completing and reviewing period (usually a year). that will be used on the grant. If in-kind the collection of information. Send For continuing grant program applications, contributions are included, provide a brief comments regarding the burden estimate or submit these forms before the end of each explanation on a separate sheet. any other aspect of this collection of funding period as required by the grantor Column (a)—Enter the program titles information, including suggestions for agency. Enter in Columns (c) and (d) the identical to Column (a), Section A. A reducing this burden, to the Office of estimated amounts of funds which will Management and Budget, Paperwork breakdown by function or activity is not remain unobligated at the end of the grant necessary. Reduction Project (0348–0044), Washington, funding period only if the Federal grantor DC 20503. Column (b)—Enter the contribution to be agency instructions provide for this. PLEASE DO NOT RETURN YOUR made by the applicant. Otherwise, leave these columns blank. Enter COMPLETED FORM TO THE OFFICE OF Column (c)—Enter the amount of the State’s MANAGEMENT AND BUDGET. SEND IT TO in columns (e) and (f) the amounts of funds cash and in-kind contribution if the THE ADDRESS PROVIDED BY THE needed for the upcoming period. The applicant is not a State or State agency. SPONSORING AGENCY. amount(s) in Column (g) should be the sum Applicants which are a State or State of amounts in Columns (e) and (f). agencies should leave this column blank. General Instructions For supplemental grants and changes to Column (d)—Enter the amount of cash and This form is designed so that application existing grants, do not use Columns (c) and in-kind contributions to be made from all can be made for funds from one or more grant (d). Enter in Column (e) the amount of the other sources. programs. In preparing the budget, adhere to increase or decrease of Federal funds and Column (e)—Enter totals of Columns (b), (c), any existing Federal grantor agency enter in Column (f) the amount of the and (d). guidelines which prescribe how and whether increase or decrease of non-Federal funds. In budgeted amounts should be separately Column (g) enter the new total budgeted Line 12 shown for different functions or activities amount (Federal and non-Federal) which Enter the total for each of Columns (b)–(e). within the program. For some programs, includes the total previous authorized The amount in Column (e) should be equal grantor agencies may require budgets to be budgeted amounts plus or minus, as to the amount on Line 5, Column (f), Section separately shown by function or activity. For appropriate, the amounts shown in Columns A. other programs, grantor agencies may require (e) and (f). The amount(s) in Column (g) a breakdown by function or activity. Sections should not equal the sum of amounts in Section D. Forecasted Cash Needs A, B, C, and D should include budget Columns (e) and (f). Line 13 estimates for the whole project except when Line 5 Enter the amount of cash needed by quarter applying for assistance which requires from the grantor agency during the first year. Federal authorization in annual or other Show the totals for all columns used. Line 14 funding period increments. In the latter case, Section B. Budget Categories Sections A, B, C, and D should provide the Enter the amount of cash from all other In the column headings (1) through (4), budget for the first budget period (usually a sources needed by quarter during the first enter the titles of the same programs, year) and Section E should present the need year. for Federal assistance in the subsequent functions, and activities shown on Lines 1– budget periods. All applications should 4, Column (a), Section A. When additional Line 15 contain a breakdown by the object class sheets are prepared for Section A, provide Enter the totals of amounts on Lines 13 and categories shown in Lines a–k of Section B. similar column headings on each sheet. For 14. each program, function or activity, fill in the Section A. Budget Summary Lines 1–4 total requirements for funds (both Federal Section E. Budget Estimates of Federal Funds Columns (a) and (b) and non-Federal by object class categories. Needed for Balance of the Project For applications pertaining to a single Line 6a–i Lines 16–19 Federal grant program (Federal Domestic Assistance Catalog number) and not requiring Show the totals of Lines 6a to 6h in each Enter in Column (a) the same grant a functional or activity breakdown, enter on column. program titles shown in Column (a), Section A. A breakdown by function or activity is not Line 1 under column (a) the Catalog program Line 6j necessary. For new applications and title and the Catalog number in Column (b). Show the amount of indirect cost. For applications pertaining to a single continuation grant applications, enter in the program requiring budget amounts by Line 6k proper columns amounts of Federal funds multiple functions or activities, enter the Enter the total of amounts on Lines 6i and which will be needed to complete the name of each activity or function on each 6j. For all applications or new grants and program or project over the succeeding line in Column (a), and enter the Catalog continuation grants the total amount in funding periods (usually in years). This number in Column (b). For applications column (5), Line 6k, should be the same as section need not be completed for revisions pertaining to multiple programs where none the total amount shown in Section A, (amendments, changes, or supplements) to of the programs require a breakdown by Column (g), Line 5. For supplemental grants funds for the current year of existing grants. function or activity, enter the Catalog and changes to grants, the total amount of the If more than four lines are needed to list program title on each line in Column (a) and increase or decrease as shown in Columns the program titles, submit additional the respective Catalog number on each line (1)–(4), Line 6k should be the same as the schedules as necessary. in Column (b). sum of the amounts in Section A, Columns Line 20 For applications pertaining to multiple (e) and (f) on Line 5. programs where one or more programs Enter the total for each of the Columns (b)– require a breakdown by function or activity, Line 7 (e). When additional schedules are prepared prepare a separate sheet for each program Enter the estimated amount of income, if for this Section, annotate accordingly and requiring the breakdown. Additional sheets any, expected to be generated from this show the overall totals on this line. should be used when one form does not project. Do not add or subtract this amount Section F. Other Budget Information provide adequate space for all breakdown of from the total project amount. Show under data required. However, when more than one the program narrative statement the nature Line 21 sheet is used, the first page should provide and source of income. The estimated amount Use this space to explain amounts for the summary totals by programs. of program income may be considered by the individual direct object class cost categories VerDate 11 that may appear to be out of the ordinary or of the 19 statutes or regulations specified in 11. Will comply with environmental to explain the details as required by the Appendix A of OPM’s Standards for a Merit standards which may be prescribed pursuant Federal grantor agency. System of Personnel Administration (5 C.F.R. to the following: (a) institution of Line 22 900, Subpart F). environmental quality control measures 6. Will comply with all Federal statues under the National Environmental Policy Act Enter the type of indirect rate (provisional, relating to nondiscrimination. These include predetermined, final or fixed) that will be in of 1969 (P.L. 91–190) and Executive Order but are not limited to: (a) Title VI of the Civil (EO) 11514; (b) notification of violating effect during the funding period, the Rights Act of 1964 (P.L. 88–352) which facilities pursuant to EO 11738; (c) protection estimated amount of the base to which the prohibits discrimination on the basis of race, of wetlands pursuant to EO 11990; (d) rate is applied, and the total indirect color or national origin: (b) Title IX of the expense. Education Amendments of 1972, as amended evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of Line 23 (20 U.S.C. §§ 1681–1683, and 1685–1686), which prohibits discrimination on the basis project consistency with the approved State Provide any other explanations or of sex; (c) Section 504 of the Rehabilitation management program developed under the comments deemed necessary. Act of 1973, as amended (29 U.S.C. § 794), Coastal Zone Management Act of 1972 (16 Attachment B–3 which prohibits discrimination on the basis U.S.C. §§ 1451 et seq.); (f) conformity of of handicaps; (d) the Age Discrimination Act Federal actions to State (Clean Air) ASSURANCES—NON-CONSTRUCTION of 1975, as amended (42 U.S.C. §§ 6101– Implementation Plans under Section 176(c) PROGRAMS 6107), which prohibits discrimination on the of the Clean Air Act of 1955, as amended (42 Public reporting burden for this collection basis of age; (e) the Drug Abuse Office and U.S.C. §§ 7401 et seq.); (g) protection of of information is estimated to average 15 Treatment Act of 1972 (P.L. 92–255), as underground sources of drinking water under minutes per response, including time for amended, relating to nondiscrimination on the Safe Drinking Water Act of 1974, as reviewing instructions, searching existing the basis of drug abuse; (f) the amended (P.L. 93–523); and, (h) protection of Comprehensive Alcohol Abuse and data sources, gathering and maintaining the endangered species under the Endangered date needed, and completing and reviewing Alcoholism Prevention, Treatment and Species Act of 1973, as amended (P.L. 93– the collection of information. Send Rehabilitation Act of 1970 (P.L. 91–616), as 205). comments regarding the burden estimate or amended, relating to nondiscrimination on any other aspect of this collection of the basis of alcohol abuse or alcoholism; (g) 12. Will comply with the Wild and Scenic information, including suggestions for §§ 523 and 527 of the Public Health Service Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) reducing this burden, to the Office of Act of 1912 (42 U.S.C. §§ 290 dd–3 and 290 related to protecting components or potential Management and Budget, Paperwork ee 3), as amended, relating to confidentiality components of the national wild and scenic Reduction Project (0348–0040), Washington, of alcohol and drug abuse patient records; (h) rivers system. DC 20503. Title VIII of the Civil Rights Act of 1968 (42 13. Will assist the awarding agency in PLEASE DO NOT RETURN YOUR U.S.C. §§ 3601 et seq.), as amended, relating assuring compliance with Section 106 of the COMPLETED FORM TO THE OFFICE OF to nondiscrimination in the sale, rental or National Historic Preservation Act of 1996, as MANAGEMENT AND BUDGET. SEND IT TO financing of housing; (i) any other amended (16 U.S.C. § 470), EO 11593 THE ADDRESS PROVIDED BY THE nondiscrimination provisions in the specific (identification and protection of historic SPONSORING AGENCY. statute(s) under which application for properties), and the Archaeological and Note: Certain of these assurances may not Federal assistance is being made; and, (j) the Historic Preservation Act of 1974 (16 U.S.C. be applicable to your project or program. If requirements of any other nondiscrimination §§ 469a–1 et seq.). statute(s) which may apply to the you have questions, please contact the 14. Will comply with P.L. 93–348 application. awarding agency. Further, certain Federal regarding the protection of human subjects awarding agencies may require applicants to 7. Will comply, or has already complied, with the requirements of Titles II and III of involved in research, development, and certify to additional assurances. If such is the related activities supported by this award of case, you will be notified. the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 assistance. As the duly authorized representative of (P.L. 91–646) which provide for fair and 15. Will comply with the Laboratory the applicant, I certify that the applicant: equitable treatment of persons displaced or Animal Welfare Act of 1966 (P.L. 89–544, as 1. Has the legal authority to apply for whose property is acquired as a result of amended, 7 U.S.C. §§ 2131 et seq.) pertaining Federal assistance and the institutional, Federal or federally-assisted programs. These to the care, handling, and treatment of warm managerial and financial capability requirements apply to all interests in real blooded animals held for research, teaching, (including funds sufficient to pay the non- property acquired for project purposes or other activities supported by this award of Federal share of project cost) to ensure regardless of Federal participation in assistance. proper planning, management and purchases. 16. Will comply with the Lead-Based Paint completion of the project describe in this 8. Will comply, as applicable, with Poisoning Prevention Act (42 U.S.C. §§ 4801 application. provisions of the Hatch Act (5 U.S.C. et seq.) which prohibits the use of lead-based 2. Will give the awarding agency, the §§ 1501–1508 and 7324–7328) which limit paint in construction or rehabilitation of Comptroller General of the United States and, the political activities of employees whose residence structures. if appropriate, the State, through any principal employment activities are funded 17. Will cause to be performed the required authorized representative, access to and the in whole or in part with Federal funds. financial and compliance audits in right to examine all records, books, papers, 9. Will comply, as applicable, with the accordance with the Single Audit Act or documents related to the award; and will provisions of the Davis-Bacon Act (40 U.S.C. Amendments of 1996 and OMB Circular No. establish a proper accounting system in §§ 276a to 276a–7), the Copeland Act (40 A–133, ‘‘Audits of States, Local accordance with generally accepted U.S.C. § 276c and 18 U.S.C. § 874), and the Governments, and Non-Profit Organizations.’’ accounting standards or agency directives. Contract Work Hours and Safety Standards 18. Will comply with all applicable 3. Will establish safeguards to prohibit Act (40 U.S.C. §§ 327–333), regarding labor requirements of all other Federal laws, employees from using their positions for a standards for federally-assisted construction purpose that constitutes or presents the subagreements. executive orders, regulations, and policies appearance of personal or organizational 10. Will comply, if applicable, with flood governing this program. conflict of interest, or personal gain. insurance purchase requirements of Section lllllllllllllllllllll 4. Will initiate and complete the work 102(a) of the Flood Disaster Protection Act of Signature of Authorized Certifying Official within the applicable time frame after receipt 1973 (P.L. 93–234) which requires recipients lllllllllllllllllllll of approval of the awarding agency. in a special flood hazard area to participate Title 5. Will comply with the Intergovernmental in the program and to purchase flood lllllllllllllllllllll Personnel Act of 1970 (42 U.S.C. §§ 4728– insurance if the total cost of insurable Applicant Organization 4763) relating to prescribed standards for construction and acquisition is $10,000 or lllllllllllllllllllll merit systems for programs funded under one more. Date Submitted VerDate 11 Attachment C–1 or an employee of a Member of Congress in If any funds have been paid or will be paid connection with this Federal contract, grant, Developing ACF Program Announcements to any person for influencing or attempting loan, or cooperative agreement, the to influence an officer or employee of any Certification Regarding Lobbying undersigned shall complete and submit agency, a Member of Congress, an officer or Standard Form–LLL. ‘‘Disclosure Form to Certification for Contracts, Grants, Loans, and employee of Congress, or an employee of a Report Lobbying,’’ in accordance with its Cooperative Agreements Member of Congress in connection with this instructions. The undersigned certifies, to the best of his (3) The undersigned shall require that the commitment providing for the United States or her knowledge and belief, that: language of this certification be included in to insure or guarantee a loan, the (1) No Federal appropriated funds have the award documents for all subawards at all undersigned shall complete and submit been pair or will be paid, by or on behalf of tiers (including subcontracts, subgrants, and Standard Form–LLL. ‘‘Disclosure Form to the undersigned, to any person for contracts under grants, loans, and Report Lobbying,’’ in accordance with its influencing or attempting to influence an cooperative agreements) and that all instructions. Submission of this statement is officer or employee of an agency, a Member subrecipients shall certify and disclose of Congress, an officer or employee of a prerequisite for making or entering into this accordingly. This certification is a material transaction imposed by section 1352, title 31, Congress, or an employee of a Member of representation of fact upon which reliance U.S. Code. Any person who fails to file the Congress in connection with the awarding of was placed when this transaction was made any Federal contract, the making of any or entered into. Submission of this required statement shall be subject to a civil Federal grant, the making of any Federal certification is a prerequisite for making or penalty of not less than $10,000 and not more loan, the entering into of any cooperative entering into this transaction imposed by than $100,000 for each such failure. agreement, and the extension, continuation, section 1352, title 31, U.S. Code. Any person lllllllllllllllllllll renewal, amendment, or modification of any who fails to file the required certification Signature Federal contract, grant, loan, or cooperative shall be subject to a civil penalty of not less lllllllllllllllllllll agreement. than $10,000 and not more than $100,000 for Title (2) If any funds other than Federal each such failure. lllllllllllllllllllll appropriated funds have been paid or will be paid to any person for influencing or Statement for Loan Guarantee and Loan Organization attempting to influence an officer or Insurance lllllllllllllllllllll employee of any agency, a Member of The undersigned states, to the best of his Date Congress, an officer or employee of Congress, or her knowledge and belief, that: BILLING CODE 4184–01–P VerDate 11 BILLING CODE 4184–01–C Member of Congress in connection with a previously reported, enter the year and INSTRUCTIONS FOR COMPLETION OF SF– covered Federal action. Complete all items quarter in which the change occurred. Enter LLL, DISCLOSURE OF LOBBYING that apply for both the initial filing and the date of the last previously submitted ACTIVITIES material change report. Refer to the report by this reporting entity for this This disclosure form shall be completed by implementing guidance published by the covered Federal action. the reporting entity, whether subawardee or Office of Management and Budget for 4. Enter the full name, address, city, State prime Federal recipient, at the initiation or additional information. and zip code of the reporting entity. Include receipt of a covered Federal action, or a 1. Identify the type of covered Federal Congressional District, if known. Check the material change to a previous filing, pursuant action for which lobbying activity is and/or appropriate classification of the reporting to title 32 U.S.C. section 1352. The filing of has been secured to influence the outcome of entity that designates if it is, or expects to be, a form is required for each payment or a covered Federal action. a prime or subaward recipient, identify the agreement to make payments to any lobbying 2. Identify the status of the covered Federal tier of the subawardee, e.g., the first entity for influencing or attempting to action. subawardee of the prime is the 1st tier. influence an officer or employee of any 3. Identify the appropriate classification of Subawards include but are not limited to agency, a Member of Congress, an officer or this report. If this is a followup report caused subcontracts, subgrants and contract awards employee of Congress, or an employee of a by a material change to the information under grants. VerDate 11 5. If the organization filing the report in reducing this burden, to the Office of buildings) or other sites where work under item 4 checks ‘‘Subawardee,’’ then enter the Management and Budget, Paperwork the grant takes place. Categorical descriptions full name, address, city, State and zip code Reduction Project (0348–0046), Washington, may be used (e.g. all vehicles of a mass of the prime Federal recipient. Include DC 20503. transit authority or State highway department Congressional District, if known. Attachment D while in operation, state employees in each 6. Enter the name of the Federal agency local unemployment office, performers in making the award or loan commitment. Developing ACF Program Announcements concert halls or radio studios). Includes at least one organizational level CERTIFICATION REGARDING DRUG-FREE 7. If the workplace identified to the agency below agency name, if known. For example, WORKPLACE REQUIREMENTS changes during the performance of the grant Department of Transportation, United States or the grantee shall inform the agency of the Coast Guard. This certification is required by the change(s), if it previously identified the 7. Enter the Federal program name or regulations implementing the Drug-Free workplaces in question (see paragraph five). description for the covered Federal action Workplace Act of 1988; 45 CFR Part 76, 8. Definitions of terms in the (item 1). If known, enter the full Catalog of Subpart F. Sections 76.630(c) and (d)(2) and Nonprocurement Suspension and Debarment Federal Domestic Assistance (CFDA) number 76.645(a)(1) and (b) provide that a Federal for grants, cooperative agreements, loans, and agency may designate a central receipt point common rule and Drug-Free Workplace loan commitments. for STATE-WIDE AND STATE AGENCY- common rule apply to this certification. 8. Enter the most appropriate Federal WIDE certifications, and for notification of Grantees’ attention is called, in particular, to identifying number available for the Federal criminal drug convictions. For the the following definitions from these rules: action identified in item 1 (e.g., Request for Department of Health and Human Services, Controlled substance means a controlled Proposal (RFP) number; Invitation for Bid the central pint is: Division of Grants substance in Schedules I through V of the (IFB number; grant announcement number; Management and Oversight. Office of Controlled Substances ACt (21 U.S.C. 812) the contract, grant or loan award number; the Management and Acquisition, Department of and as further defined by regulation (21 CFR application/proposal control number Health and Human Services, Room 517–D, 1308.11 through 1308.15): assigned by the Federal agency). Include 200 Independence Avenue, SW, Washington, Conviction means a finding of guilt prefixes, e.g. ‘‘RFP–DE–90–001.’’ DC 20201. (including a pleas of nolo contendere) or 9. For a covered Federal action where there Certification Regarding Drug-Free Workplace imposition of sentence, or both, by any has been an award or loan commitment by Requirements (Instructions for Certification) judicial body charged with the responsibility the Federal agency, enter the Federal amount 1. By signing and/or submitting this to determine violations of the Federal or of the award/loan commitment for the prime application or grant agreement, the grantee is State criminal drug statutes; entity identified in item 4 or 5. providing the certification set out below. Criminal drug statute means a Federal or 10. (a) Enter the full name, address, city. 2. The certification set out below is a non-Federal criminal statute involving the State and zip code of the lobbying registrant material representation of fact upon which manufacture, distribution, dispensing, use, or under the Lobbying Disclosure Act of 1995 reliance is placed when the agency awards possession of any controlled substance; engaged by the reporting entity identified in the grant. If it is later determined that the Employee means the employee of a grantee item 4 to influence the covered Federal grantee knowingly rendered a false directly engaged in the performance of work action. certification, or otherwise violates the under a grant, including: (i) All direct charge (b) Enter the full names of the requirements of the Drug-Free Workplace employees; (ii) All indirect charge employees individuals(s) performing services, and Act, the agency, in addition to any other unless their impact or involvement is include full address if different from 10 (a). remedies available to the Federal insignificant to the performance of the grant; Enter Last Name, first Name, and Middle Government, may take action authorized Initial (M). and, (iii) Temporary personnel and under the Drug-Free Workplace Act. consultants who are directly engaged in the 11. The certifying official shall sign and 3. For grantees other than individuals. date the form, print his/her name, title, and performance of work under the grant and Alternate 1 applies. who are on the grantee’s payroll. This telephone number. 4. For grantees who are individuals, definition does not include workers not on According to the Paperwork Reduction Alternate II applies. the payroll of the grantee (e.g., volunteers, Act, as amended, no persons are required to 5. Workplaces under grants, for grantees even if used to meet a matching requirement; respond to a collection of information unless other than individuals, need not be identified consultants or independent contractors not it displays a valid OMB Control Number. The on the certification. If known, they may be valid OMB control number for this identified in the grant application. If the on the grantee’s payroll; or employees of information collection is OMB No. 0348– grantee does not identify the workplaces at subrecipients or subcontractors in covered 0046. Public reporting burden for this the time of application, or upon award, if workplaces): collection of information is estimated to there is no application, the grantee must keep Certification Regarding Drug-Free Workplace average 10 minutes per response, including the identity of the workplace(s) on file in its Requirements time for reviewing instructions, searching office and make the information available for Alternate 1. (Grantees Other Than existing data sources, gathering and Federal inspection. Failure to identify all Individuals) maintaining the data needed, and completing known workplaces constitutes a violation of and reviewing the collection of information. the grantee’s drug-free workplace The grantee certifies that it will or will Send comments regarding the burden requirements. continue to provide a drug-free workplace by: estimate or any other aspect of this collection 6. Workplace identifications must include (a) Publishing a statement notifying of information, including suggestions for the actual address of buildings (or parts of employees that the unlawful VerDate 11 manufacture, distribution, dispensing, lllllllllllllllllllll transaction, participant, person, primary possession, or use of a controlled substance Check b if there are workplaces on file that covered transaction, principal, proposal, and is prohibited in the grantee’s workplace and are not identified here. voluntarily excluded, as used in this clause, specifying the actions that will be taken have the meanings set out in the Definitions Alternate II. (Grantees Who are Individuals) against employees for violation of such and Coverage sections of the rules prohibition; (a) The grantee certifies that, as a condition implementing Executive Order 12549. You (b) Establishing an ongoing drug-free of the grant, he or she will not engage in the may contact the department or agency to awareness program to inform employees unlawful manufacture, distribution, which this proposal is being submitted for about— dispensing, possession, or use of a controlled assistance in obtaining a copy of those (1) The dangers of drug abuse in the substance in conducting any activity with the regulations. workplace; grant; 6. The prospective primary participant (2) The grantee’s policy of maintaining a (b) If convicted of a criminal drug offense agrees by submitting this proposal that, drug-free workplace; resulting from a violation occurring during should the proposed covered transaction be (3) Any available drug counseling, the conduct of any grant activity, he or she rehabilitation, and employee assistance will report the conviction, in writing, within entered into, it shall not knowingly enter into programs; and 10 calendar days of the conviction, to every any lower tier covered transaction with a (4) The penalties that may be imposed grant officer or other designee, unless the person who is proposed for debarment under upon employees for drug abuse violations Federal agency designates a central point for 48 CFR part 9, subpart 9.4, debarred, occurring in the workplace; the receipt of such notices. When notice is suspended, declared ineligible, or voluntarily (c) Making it a requirement that each made to such a central point it shall include excluded from participation in this covered employee to be engaged in the performance the identification number(s) of each affected transaction, unless authorized by the of the grant be given a copy of the statement grant. department or agency entering into this required by paragraph (a); [55 FR 21690, 21702, May 25, 1990] transaction. (d) Notifying the employee in the statement 7. The prospective primary participant required by paragraph (a) that, as a condition Attachment E further agrees by submitting this proposal of employment under the grant, the employee Developing ACF Program Announcements that it will include the clause titled will— ‘‘Certification Regarding Debarment, CERTIFICATION REGARDING (1) Abide by the terms of the statement; Suspension, Ineligibility and Voluntary and DEBARMENT, SUSPENSION AND OTHER Exclusion-Lower Tier Covered Transaction,’’ (2) Notify the employer in writing of his or RESPONSIBILITY MATTERS provided by the department or agency her conviction for a violation of a criminal Certification Regarding Debarment, entering into this covered transaction, drug statute occurring in the workplace no Suspension, and Other Responsibility without modification, in all lower tier later than five calendar days after such Matters—Primary Covered Transactions conviction; covered transactions and in all solicitations (e) Notifying the agency in writing, within Instructions for Certification for lower tier covered transactions. ten calendar days after receiving notice under 1. By signing and submitting this proposal, 8. A participant in a covered transaction paragraph (d)(2) from an employee or the prospective primary participant is may rely upon a certification of a prospective otherwise receiving actual notice of such providing the certification set out below. participant in a lower tier covered conviction. Employers of convicted 2. The inability of a person to provide the transaction that it is not proposed for employees must provide notice, including certification required below will not debarment under 48 CFR part 9, subpart 9.4, position title, to every grant officer or other necessarily result in denial of participation in debarred, suspended, ineligible, or designee on whose grant activity the this covered transaction. The prospective voluntarily excluded from the covered convicted employee was working, unless the participant shall submit an explanation of transaction, unless it knows that the Federal agency has designated a central point why it cannot provide the certification set certification is erroneous. A participant may for the receipt of such notices. Notice shall out below. The certification or explanation decide the method and frequency by which include the identification number(s) of each will be considered in connection with the it determines the eligibility of its principals. affected grant; department or agency’s determination Each participant may, but is not required to, (f) Taking one of the following actions, whether to enter into this transaction. check the List of Parties Excluded From within 30 calendar days of receiving notice However, failure of the prospective primary Federal Procurement and Nonprocurement under paragraph (d)(2), with respect to any participant to furnish a certification or an Programs. employee who is so convicted— explanation shall disqualify such person 9. Nothing contained in the foregoing shall (1) Taking appropriate personnel action from participation in this transaction. be construed to require establishment of a against such an employee, up to and 3. The certification in this clause is a system of records in order to render in good including termination, consistent with the material representation of fact upon which faith the certification required by this clause. requirements of the Rehabilitation Act of reliance was placed when the department or The knowledge and information of a 1973, as amended; or agency determined to enter into this participant is not required to exceed that (2) Requiring such employee to participate transaction. If it is later determined that the which is normally possessed by a prudent satisfactorily in a drug abuse assistance or prospective primary participant knowingly person in the ordinary course of business rehabilitation program approved for such rendered an erroneous certification, in purposes by a Federal, State, or local health, addition to other remedies available to the dealings. law enforcement, or other appropriate Federal Government, the department or 10. Except for transactions authorized agency; agency may terminate this transaction for under paragraph 6 of these instructions, if a (g) Making a good faith effort to continue cause or default. participant in a covered transaction to maintain a drug-free workplace through 4. The prospective primary participant knowingly enters into a lower tier covered implementation of paragraphs (a), (b), (c), (d), shall provide immediate written notice to the transaction with a person who is proposed (e) and (f). department or agency to which this proposal for debarment under 48 CFR part 9, subpart (B) The grantee may insert in the space is submitted if at any time the prospective 9.4, suspended, debarred, ineligible, or provided below the site(s) for the primary participant learns that its voluntarily excluded from participation in performance of work done in connection certification was erroneous when submitted this transaction, in addition to other with the specific grant: or has become erroneous by reason of remedies available to the Federal Place of Performance (Street address, city, changed circumstances. Government, the department or agency may county, state, zip code) 5. The terms covered transaction, debarred, terminate this transaction for cause or lllllllllllllllllllll suspended, ineligible, lower tier covered default. VerDate 11 Certification Regarding Debarment, 5. The prospective lower tier participant Attachment F Suspension, and Other Responsibility agrees by submitting this proposal that, Certification Regarding Environmental Matters—Primary Covered Transactions [[Page 33043]] should the proposed covered Tobacco Smoke (1) The prospective primary participant transaction be entered into, it shall not certifies to the best of its knowledge and knowingly enter into any lower tier covered Public Law 103227, Part C Environmental belief, that it and its principals: transaction with a person who is proposed Tobacco Smoke, also known as the Pro (a) Are not presently debarred, suspended, for debarment under 48 CFR part 9, subpart Children Act of 1994, requires that smoking proposed for debarment, declared ineligible, 9.4, debarred, suspended, declared ineligible, not be permitted in any portion of any indoor or voluntarily excluded by any Federal or voluntarily excluded from participation in routinely owned or leased or contracted for department or agency; this covered transaction, unless authorized by an entity and used routinely or regularly (b) Have not within a three-year period by the department or agency with which this for provision of health, day care, education, preceding this proposal been convicted of or transaction originated. or library services to children under the age had a civil judgment rendered against them 6. the prospective lower tier participant of 18, if the services are funded by Federal for commission of fraud or a criminal offense further agrees by submitting this proposal programs either directly or through State or in connection with obtaining, attempting to that it will include this clause titled local governments, by Federal grant, contract, obtain, or performing a public (Federal, State ‘‘Certification Regarding Debarment, loan, or loan guarantee. The law does not or local) transaction or contract under a Suspension, Ineligibility and Voluntary apply to children’s services provided in public transaction; violation of Federal or Exclusion-Lower Tier Covered Transaction,’’ private residences, facilities funded solely by State antitrust statutes or commission of without modification, in all lower tier Medicare or Medicaid funds, and portions of embezzlement, theft, forgery, bribery, covered transactions and in all solicitations facilities used for inpatient drug or alcohol falsification or destruction of records, making for lower tier covered transactions. treatment. Failure to comply with the false statements, or receiving stolen property; 7. A participant in a covered transaction provisions of the law may result in the imposition of a civil monetary penalty of up (c) Are not presently indicted for or may rely upon a certification of a prospective to $1000 per day and/or the imposition of otherwise criminally or civilly charged by a participant in a lower tier covered any administrative compliance order on the governmental entity (Federal, State or local) transaction that it is not proposed for responsibility entity. By signing and with commission of any of the offenses debarment under 48 CFR part 9, subpart 9.4, submitting this application the applicant/ enumerated in paragraph (1)(b) of this debarred, suspended, ineligible, or grantee certifies that it will comply with the certification; and voluntarily excluded from covered requirements of the Act. (d) Have not within a three-year period transactions, unless it knows that the The applicant/grantee further agrees that it preceding this application/proposal had one certification is erroneous. A participant may will require the language of this certification or more public transactions (Federal, State or decide the method and frequency by which be included in any standards which contain local) terminated for cause or default. it determines the eligibility of its principals. (2) Where the prospective primary provisions for the children’s services and that Each participant may, but is not required to, all subgrantees shall certify accordingly. participant is unable to certify to any of the check the List of Parties Excluded from statements in this certification, such Federal Procurement and Nonprocurement Attachment G prospective participant shall attach an Programs. It is estimated that in 2001 the Federal explanation to this proposal. 8. Nothing contained in the foregoing shall Government will outlay $305.6 billion in Certification Regarding Debarment, be construed to require establishment of a grants to State and local governments. Suspension, Ineligibility and Voluntary system of records in order to render in good Executive Order 12372, ‘‘Intergovernmental Exclusion—Lower Tier Covered Transactions faith the certification required by this clause. Review of Federal Programs,’’ was issued The knowledge and information of a with the desire to foster the Instructions for Certification participant is not required to exceed that intergovernmental partnership and 1. By signing and submitting this proposal, which is normally possessed by a prudent strengthen federalism by relying on State and the prospective lower tier participant is person in the ordinary course of business local processes for the coordination and providing the certification set out below. dealings. review of proposed Federal financial 2. The certification in this clause is a 9. Except for transactions authorized under assistance and direct Federal development. material representation of fact upon which paragraph 5 of these instructions, if a The Order allows each State to designate an reliance was placed when this transaction participant in a covered transaction entity to perform this function. Below is the was entered into. If it is later determined that knowingly enters into a lower tier covered official list of those entities. For those States the prospective lower tier participant transaction with a person who is proposed that have a home page for their designated knowingly rendered an erroneous for debarment under 48 CFR part 9, subpart entity, a direct link has been provided below. certification, in addition to other remedies 9.4, suspended, debarred, ineligible, or States that are not listed on this page have available to the Federal Government the voluntarily excluded from participation in chosen not to participate in the department or agency with which this this transaction, in addition to other intergovernmental review process, and transaction originated may pursue available remedies available to the Federal therefore do not have a SPOC. If you are remedies, including suspension/or Government, the department or agency with located within one of these States, you may debarment. which this transaction originated may pursue still send application materials directly to a 3. The prospective lower tier participant available remedies, including suspension Federal awarding agency. shall provide immediate written notice to the and/or debarment. person to which this proposal is submitted if Arkansas Certification Regarding Debarment, at any time the prospective lower tier Suspension, Ineligibility an Voluntary Tracy L. Copeland participant learns that its certification was Exclusion—Lower Tier Covered Transactions Manager, State Clearinghouse erroneous when submitted or had become Office of Intergovernmental Services erroneous by reason of changed (1) The prospective lower tier participant Department of Finance and Administration circumstances. certifies, by submission of this proposal, that 1515 W. 7th St., Room 412 4. The terms covered transaction, debarred, neither it nor its principals is presently Little Rock, Arkansas 72203 suspended, ineligible, lower tier covered debarred, suspended, proposed for Telephone: (501) 682–1074 transaction, participant, person, primary debarment, declared ineligible, or voluntarily Fax: (501) 682–5206 covered transaction, principal, proposal, and excluded from participation in this [email protected] voluntarily excluded, as used in this clause, transaction by any Federal department or have the meaning set out in the Definitions agency. California and Coverage sections of rules implementing (2) Where the prospective lower tier Grants Coordination Executive Order 12549. You may contact the participant is unable to certify to any of the State Clearinghouse person to which this proposal is submitted statements in this certification, such Office of Planning and Research for assistance in obtaining a copy of those prospective participant shall attach an P.O. Box 3044, Room 222 regulations. explanation to this proposal. Sacramento, California 95812–3044 VerDate 11 Telephone: (916) 445–0613 184 State Street [email protected] Fax: (916) 323–3018 38 State House Station [email protected] Augusta, Maine 04333 North Carolina Telephone: (207) 287–3261 Jeanette Furney Delaware Fax: (207) 287–6489 Department of Administration Charles H. Hopkins [email protected] 1302 Mail Service Center Executive Department Raleigh, North Carolina 27699–1302 Office of the Budget Maryland Telephone: (919) 807–2323 540 S. Dupont Highway, 3rd Floor Linda Janey Fax: (919) 733–9571 Dover, Delaware 19901 Manager, Clearinghouse and Plan Review [email protected] Telephone: (302) 739–3323 Unit Fax: (302) 739–5661 Maryland Office of Planning North Dakota [email protected] 301 West Preston Street—Room 1104 Jim Boyd Baltimore, Maryland 21201–2305 Division of Community Services District of Columbia Telephone: (410) 767–4490 600 East Boulevard Ave, Dept 105 Ron Seldon Fax: (410) 767–4480 Bismarck, North Dakota 58505–0170 Office of Grants Management and [email protected] Telephone: (701) 328–2094 Development Fax: (701) 328–2308 717 14th Street, NW, Suite 1200 Michigan [email protected] Washington, DC 20005 Richard Pfaff Telephone: (202) 727–1705 Southeast Michigan Council of Governments Rhode Island Fax: (202) 727–1617 535 Griswold, Suite 300 Kevin Nelson [email protected] Detroit, Michigan 48226 Department of Administration Telephone: (313) 961–4266 Statewide Planning Program Florida Fax: (313) 961–4869 One Capitol Hill Cherie L. Trainor [email protected] Providence, Rhode Island 02908–5870 Florida State Clearinghouse Telephone: (401) 222–2093 Department of Community Affairs Mississippi Fax: (401) 222–2083 2555 Shumard Oak Blvd. Cathy Mallette [email protected] Tallahassee, Florida 32399–2100 Clearinghouse Officer Telephone: (850) 922–5438 Department of Finance and Administration South Carolina (850) 414–5495 (direct) 550 High Street Omeagia Burgess Fax: (850) 414–0479 303 Walters Sillers Building Budget and Control Board [email protected] Jackson, Mississippi 39201–3087 Office of State Budget Telephone: (601) 359–6762 1122 Ladies Street, 12th Floor Georgia Fax: (601) 359–6758 Columbia, South Carolina 29201 Georgia State Clearinghouse Telephone: (803) 734–0494 270 Washington Street, SW Missouri Fax: (803) 734–0645 Atlanta, Georgia 30334 Lois Pohl [email protected] Telephone: (404) 656–3855 Federal Assistance Clearinghouse Texas Fax: (404) 656–7901 Office of Administration [email protected] P.O. Box 809 Denise S. Francis Jefferson Building, Room 915 Director, State Grants Team Illinois Jefferson City, Missouri 65102 Governor’s Office of Budget and Planning Virginia Bova Telephone: (573) 751–4834 P.O. Box 12428 Department of Commerce and Community Fax: (573) 522–4395 Austin, Texas 78711 Affairs [email protected] Telephone: (512) 305–9415 James R. Thompson Center Fax: (512) 936–2681 Nevada 100 West Randolph, Suite 3–400 [email protected] Chicago, Illinois 60601 Heather Elliott Utah Telephone: (312) 814–6028 Department of Administration Fax: (312) 814–8485 State Clearinghouse Carolyn Wright [email protected] 209 E. Musser Street, Room 200 Utah State Clearinghouse Carson City, Nevada 89701 Governor’s Office of Planning and Budget Iowa Telephone: (775) 684–0209 State Capitol, Room 114 Steven R. McCann Fax: (775) 684–0260 Salt Lake City, Utah 84114 Division of Community and Rural [email protected] Telephone: (801) 538–1535 Development Fax: (801) 538–1547 New Hampshire Iowa Department of Economic Development [email protected] 200 East Grand Avenue Jeffrey H. Taylor West Virginia Des Moines, Iowa 50309 Director, New Hampshire Office of State Telephone: (515) 242–4719 Planning Fred Cutlip, Director Fax: (515) 242–4809 Attn: Intergovernmental Review Process Community Development Division [email protected] Mike Blake West Virginia Development Office 2–1/2 Beacon Street Building #6, Room 553 Kentucky Concord, New Hampshire 03301 Charleston, West Virginia 25305 Ron Cook Telephone: (603) 271–2155 Telephone: (304) 558–4010 Department for Local Government Fax: (603) 271–1728 Fax: (304) 558–3248 1024 Capital Center Drive, Suite 340 [email protected] [email protected] Frankfort, Kentucky 40601 New Mexico Wisconsin Telephone: (502) 573–2382 Fax: (502) 573–2512 Ken Hughes Jeff Smith [email protected] Local Government Division Section Chief, Federal/State Relations Room 201, Bataan Memorial Building Wisconsin Department of Administration Maine Sante Fe, New Mexico 87503 101 East Wilson Street—6th Floor Joyce Benson Telephone: (505) 827–4370 P.O. Box 7868 State Planning Office Fax: (505) 827–4948 Madison, Wisconsin 53707 VerDate 11 Telephone: (608) 266–0267 Telephone: (340) 774–0750 74.24—Program Income Fax: (608) 267–6931 Fax: (340) 776–0069 Part 75—Informal Grant Appeals Procedures [email protected] [email protected] Part 76—Debarment and Suspension from Eligibility For Financial Assistance Guam Changes to this list can be made only after OMB is notified by a State’s officially Subpart F—Drug Free Workplace Director designated representative. E-mail messages Requirements Bureau of Budget and Management Research can be sent to [email protected] If you Office of the Governor prefer, you may send correspondence to the Part 80—Non-discrimination Under Programs P.O. Box 2950 following postal address: Attn: Grants Receiving Federal Assistance through Agana, Guam 96910 Management, Office of Management and DHHS Effectuation of Title VI of the Telephone: 011–671–472–2285 Budget, New Executive Office Building, Suite Civil Rights Act of 1964 Fax: 011–472–2825 6025, 725 17th Street, NW, Washington, DC Part 81—Practice and Procedures for [email protected] 20503. Hearings Under Part 80 of this Title Puerto Rico Please note: Inquiries about obtaining a Part 83—Regulation for the Administration Federal grant should not be sent to the OMB and Enforcement of Sections 799A and Jose Caballero/Mayra Silva 845 of the Public Health Service Act Puerto Rico Planning Board e-mail or postal address shown above. The best source for this information is the CFDA. Part 84—Non-discrimination on the Basis of Federal Proposals Review Office Handicap in Programs and Activities Minillas Government Center Attachment H Receiving Federal Financial Assistance P.O. Box 41119 Part 85—Enforcement of Non-discrimination San Juan, Puerto Rico 00940–1119 Department of Health and Human Services on the Basis of Handicap in Programs or Telephone: (787) 723–6190 (DHHS) Regulations Applying to All Activities Conducted by DHHS Fax: (787) 722–6783 Applicants/Grantees Under The Community Food and Nutrition Program Part 86—Non-discrimination on the Basis of North Mariana Islands Sex in Education Programs and Ms. Jacoba T. Seman Title 45 of the Code of Federal Regulations Activities Receiving or Benefitting from Federal Programs Coordinator Part 16—DHHS Grant Appeals Process Federal Financial Assistance Office of Management and Budget Part 74—Administration of Grants (non- Part 91—Non-discrimination on the Basis of Office of the Governor governmental) Age in Health and Human Services Saipan, MP 96950 Part 74—Administration of Grants (state and programs or Activities Receiving Federal Telephone: (670) 664–2289 local governments and Indian Tribal Financial Assistance Fax: (670) 664–2272 affiliates): Part 92—Uniform Administrative [email protected] Sections Requirements for Grants and Cooperative 74.26—Non-Federal Audits Agreements to States and Local Virgin Islands 74.27—Allowable cost for hospitals and Governments (Federal Register, March Ira Mills non-profit organizations among other 11, 1988) Director, Office of Management and Budget things Part 93—New Restrictions on Lobbying #41 Norre Gade Emancipation Garden 74.32—Real Property Part 100—Intergovernmental Review of Station, Second Floor 74.34—Equipment DHHS Programs and Activities Saint Thomas, Virgin Islands 00802 74.35—Supplies BILLING CODE 4184–01–P VerDate 11 [FR Doc. 01–7337 Filed 3–23–01; 8:45 am] BILLING CODE 4184–01–C VerDate 11 Part IV Department of Transportation Federal Aviation Administration 14 CFR Part 91 et al. Modification of the Dimensions of the Grand Canyon National Park Special Flight Rules Area and Flight Free Zones; Final Rule Commercial Routes for the Grand Canyon National Park; Notice VerDate 11 DEPARTMENT OF TRANSPORTATION to 14 CFR 93.305 (a) and (b) originally Significant Impact was issued on published and most recently delayed on February 25, 2000. Federal Aviation Administration the same dates as set forth above are During the course of litigation, the further delayed until December 1, 2001. United States Air Tour Association and 14 CFR Part 91, 93, 121, 135 ADDRESSES: You may view a copy of the seven air tour operators raised new [Docket No. FAA–2001–9218] final rule, Modification of the safety concerns. As a result, the FAA Dimensions of the Grand Canyon first delayed implementation of the RIN 2120–AG74 National Park Special Flight Rules Area routes until December 28, 2000 Modification of the Dimensions of the and Flight Free Zones, through the (November 20, 2000; 65 FR 69848). Grand Canyon National Park Special Internet at: http://dms.dot.gov, by Following these actions, the FAA Flight Rules Area and Flight Free selecting docket numbers FAA–01– . conducted an evaluation of the planned Zones You may also review the public dockets routes in the east-end of GCNP and on these regulations in person in the determined that modifications could be AGENCY: Federal Aviation Docket Office between 9:00 a.m. and made to the routes to enhance safety. Administration (FAA), DOT. 5:00 p.m., Monday through Friday, The FAA published a second notice of ACTION: Final rule. except Federal holidays. The Docket availability of a map depicting proposed Office is on the plaza level of the Nassif changes to routes in the east-end of SUMMARY: On April 4, 2000, the FAA Building at the Department of GCNP on December 13, 2000 (65 FR published two final rules regarding Transportation, 400 7th St., SW., Room 78071), with a comment period that aircraft flight operations over Grand 401, Washington, DC 20590. closed on January 26, 2001. Canyon National Park (GCNP). The first As an alternative, you may search the Subsequently, the FAA delayed until rule, the Commercial Air Tour Federal Register’s Internet site at http:/ April 1, 2001 the implementation of the Limitations final rule, limiting the /www.access.gpo.gov/suldocs for routes on January 4, 2001 (66 FR 2001). number of commercial air tour access to the final rules. The FAA also stated that it may choose operations in the GCNP Special Flight You may also request a paper copy of to implement the routes in the western Rules Area (SFRA), was effective on the final rules from the Office of portion of GCNP only while resolving May 4, 2000. The second rule, the Rulemaking, Federal Aviation routes in the east-end. Airspace Modification final rule, Administration, 800 Independence Agency Action modifying the airspace in the SFRA, Ave., SW., Washington, DC 20591, or by was scheduled to become effective calling (202) 267–9680. During the comment period for the December 1, 2000. However, on FOR FURTHER INFORMATION CONTACT: second Notice of Availability of air tour November 20, 2000, the FAA published Howard Nesbitt, Flight Standards routes, additional safety concerns were a final rule delaying the effective date of Service, (AFS–200), or Ken McElroy, raised regarding the proposed revisions the Airspace Modification final rule Airspace and Rules Division, ATA–400, to the routes on the east-end of the until December 28, 2000, so that the Federal Aviation Administration, Grand Canyon National Park (GCNP) FAA could adequately evaluate new Seventh and Maryland Streets, SW., Special Flight Rules Area (SFRA). safety issues raised by the air tour Washington, DC 20591; Telephone: Consequently, the FAA is implementing operators. On December 28, 2000, the (202) 493–4981. the modifications to the route structure FAA further delayed the airspace SUPPLEMENTARY INFORMATION: of the GCNP SFRA in two phases. modifications final rule until April 1, The first phase will implement the 2001. The FAA has completed its Background routes and airspace made final in April evaluation and determined that it is On April 4, 2000, the Federal 2000 on the west-end (defined as all necessary to delay implementing Aviation Administration published two areas of the SFRA west of the Dragon changes to the airspace, including two final rules, the Modification of the corridor) of the GCNP SFRA. On the flight free zones in the east-end of Dimensions of the Grand Canyon east-end (defined as the Dragon corridor GCNP, pending resolution of the safety National Park Special Flight Rules Area east), the first phase will implement the issues. In a companion document in this and Flight Free Zones (Air Space modification to the SFRA boundary, as Federal Register the FAA also makes Modification), and the Commercial Air contained in the April 2000 final rule, available a map depicting commercial Tour Limitation in the Grand Canyon by extending the SFRA boundary over air tour routes in GCNP. National Park Special Flight Rules Area the Navajo Nation lands five miles to DATES: The amendment to SFAR 50–2 is (Commercial Air Tour Limitation). See the east. However, during this phase, effective April 1, 2001. 65 FR 17736; 65 FR 17708; April 4, the route structure on the east-end will 14 CFR 93.305 and 93.307 originally 2000. The FAA also published remain almost exactly as that currently published at 61 FR 69330 on December concurrently a notice of availability of flown in the SFAR under Special 31, 1996 and most recently delayed Commercial Routes for the Grand Federal Aviation Regulation (SFAR) 50– until April 1, 2001 (see FR 1005, Canyon National Park (Routes Notice). 2, with only slight modification to January 4, 2001) is further delayed. 14 See 65 FR 17698, April 4, 2000. The certain entry and exit points. To CFR 93.305(c) and (d) and 93.307 are Commercial Air Tour Limitations final accomplish the dual goals of achieving delayed until April 19, 2001. 14 CFR rule was implemented effective on May substantial restoration of natural quiet 93.305 (a) and (b) are delayed until 4, 2000. The Air Space Modification in GCNP and maintaining a safe December 1, 2001. final rule and the routes set forth in the operating environment for commercial The amendments to 14 CFR 93.301, Notice of Availability were scheduled to air tour operators, the FAA finds that 93.305 (c) and (d), 93.307, and 93.309, become effective December 1, 2000. The this combination of commercial air tour originally published at 65 FR 17736 on Final Supplemental Environmental routes is the most reasonable proposal April 4, 2000 and most recently delayed Assessment for Special Flight Rules in for the Spring 2001 air tour season (May until April 1, 2001 (see 66 FR 1005, the Vicinity of Grand Canyon National through November). This route January 4, 2001) are further delayed Park (SEA) was completed on February configuration will go into effect on April until April 19, 2001. The amendments 22, 2000, and the Finding of No 19, 2001. (See companion Notice of VerDate 11 Availability of Commercial Air Tour the airspace in GCNP to transition to a of natural quiet for GCNP as described routes.) new operating environment in GCNP. in the FSEA. This airspace modification extends The FAA has determined that because Therefore for the above reasons and from April 1 to April 19, 2001, the new safety concerns have been raised, pursuant to FAA Order 1050.1D, airspace configuration of SFAR 50–2. which warrant further evaluation, it is Paragraph 92, the FAA has determined Because the prior agency stay ends on necessary to implement the airspace that the contents of the Final April 1, 2001, it is necessary to further codified in April 2000 in a phased Supplemental Environmental delay the airspace until April 19, 2001. approach. Assessment and its conclusions issued This additional extension is necessary on February 22, 2000 are still valid. to correlate the routes and airspace for Environmental Review Additionally, the FAA has found that the west-end of GCNP. On the east-end, The FAA has completed a written the previous Section 106 Determination the final rule will maintain the stay of reevaluation (WR) of the February 22, of No Adverse Effect to TCPs identified the effective date of the Bright Angel 2000 Final Supplemental by Native Americans issued for the and Desert View FFZs until December 1, Environmental Assessment (FSEA) for FSEA is also still valid. Copies of the 2001. This will give the FAA adequate Special flight rules in the Vicinity of written reevaluation have been placed time to determine what, if any, changes Grand Canyon National Park (GCNP). in the public docket for this rulemaking, need to be made in the route structure The WR examines the potential have been circulated to interested in the east-end of GCNP for the 2002 air environmental impacts associated with parties, and may be inspected at the tour season. the phased implementation of the same time and location as this final rule. The second phase of the commercial Airspace rule and the Commercial Air Economic Analysis air tour route structure in GCNP would Tour Route Modifications described in The economic analysis completed for implement a potentially revised route the FSEA. This phased approach will the final rule published April 4, 2000 and airspace structure on the east-end of involve implementation of the evaluates the east-end and west-end the GCNP SFRA. It is anticipated that all ‘‘preferred’’ alternative airspace and air operations separately since these are revisions of the east-end would be based tour route structure as described in the upon the route structure adopted in the distinct markets. This action FSEA for the GCNP SFRA west of implements the west-end airspace April 2000 final rule. Implementation of Dragon Corridor. No changes to this the second phase will be determined structure and the economic analysis portion of the GCNP SFRA as described after the FAA has evaluated and from the April 4, 2000 final rule remains in the FSEA will occur. Thus, the addressed all outstanding safety valid. At this time the FAA is delaying impact evaluation for the ‘‘preferred’’ concerns. Interested persons will be implementation of the east-end routes, it alternative contained in the FSEA afforded the opportunity to comment on is not taking a final action. If the agency remains valid for the stage-one airspace final revisions to the route structure in takes a final action that is different than and routes implementation at the west- the east-end of GCNP. The FAA that published on April 4, 2000, then it end of the GCNP SFRA. The FAA also anticipates that phase two modifications may be necessary to complete a revised reviewed the planned implementation will be finalized in the winter 2001– economic evaluation. of the stage-one airspace, routes, and 2002 timeframe to be in place for the Initial Regulatory Flexibility 2002 commercial air tour season. route modifications on the east-end and Determination and Assessment The two phase implementation has determined that they are not process will allow the FAA to move significant changes from the plans The Regulatory Flexibility Act (RFA) towards the mandate for the substantial analyzed under the ‘‘no action’’ of 1980 establishes ‘‘as a principle of restoration of natural quiet in GCNP by alternative in the FSEA. Therefore, the regulatory issuance that agencies shall implementing the routes and airspace FAA has determined that the proposed endeavor, consistent with the objective structure in the west-end of the GCNP. route revisions to the SFAR 50–2 route of the rule and of applicable statutes, to This will accomplish some goals of the structure conform with the ‘‘no action’’ fit regulatory and informational April 2000 rulemaking, in that it will alternative analyzed in the FSEA. The requirements to the scale of the eliminate the Blue 1 and Blue 1A routes. FAA has determined that the data and business, organization, and government In addition, the phased approach will analyses contained in the FSEA are still jurisdictions subject to regulation.’’ To allow the FAA to adequately evaluate substantially valid and all pertinent achieve that principle, the RFA requires and address the new safety concerns conditions and requirements of the prior agencies to solicit and consider flexible related to the routes in the east-end of approval have or will be met in the regulatory proposals and to explain the GCNP while allowing commercial air current action. rationale for their actions. The RFA tour operators adequate time to train on While the delayed implementation of covers a wide range of small entities, the revised east-end routes during the the east-end route and airspace structure including small businesses, not-for- off-peak season. At the same time, the will lessen the percentage of the GCNP profit organizations and small phased process will provide for the substantially restored to natural quiet, it governmental jurisdictions. elimination of overflights of some of the is only a temporary delay. The routes Agencies must perform a review to traditional cultural properties identified and airspace at the east-end of the GCNP determine whether a proposed or final by Native American Tribes during the SFRA are stayed, however, as soon as rule will have a significant economic National Historic Preservation Act the safety concerns are addressed and impact on a substantial number of small (NHPA) Section 106 consultation the operators are given the opportunity entities. If the determination is that it process. to train in the off-peak season, new will, the agency must prepare a routes and airspace will be regulatory flexibility analysis as Immediate Effective Date implemented in the east-end. In described in the RFA. However, if an The FAA finds that good cause exists addition, given that the majority of the agency determines that a proposed or under 5 U.S.C. 553(d) for this final rule revised routes and airspace for GCNP final rule is not expected to have a to become final rule upon issuance. The will be implemented, during stage-one, significant economic impact on a FAA and NPS must implement new air the staged implementation process will substantial number of small entities, tour routes requiring the modification of result in a gain of substantial restoration section 605(b) of the RFA provides that VerDate 11 the head of the agency may so certify agency rule that may result in the PART 135—[AMENDED] and a regulatory flexibility analysis is expenditure of $100 million or more not required. The certification must (when adjusted annually for inflation) 1. The authority citation for part 135 include a statement providing the in any one year by State, local, and continues to read as follows: factual basis for this determination, and tribal governments in the aggregate, or the reasoning should be clear. by the private sector. Section 204(a) of Authority: 49 U.S.C. 106(g), 40113, 44701– This final rule will have only a de the Act, 2 U.S.C. 1534(a), requires the 44702, 44705, 44709, 44711–44713, 44915– minimus cost impact on the certificate Federal agency to develop an effective 44717, 44722. holders for whom costs have been process to permit timely input by 2. In parts 91, 121, and 135, section estimated. Accordingly, pursuant to the elected officers (or their designees) of 9 of SFAR 50–2 is revised. Regulatory Flexibility Act, 5 U.S.C. State, local, and tribal governments on 605(b), the Federal Aviation a proposed ‘‘significant Special Federal Aviation Regulations Administration certifies that this rule intergovernmental mandate.’’ A will not have a significant impact on a ‘‘significant intergovernmental SFAR No. 50–2—Special Flight Rules substantial number of small entities. mandate’’ under the Act is any in the Vicinity of the Grand Canyon National Park, AZ. International Trade Impact Assessment provision in a Federal agency regulation that would impose an enforceable duty * * * * * The Trade Agreement Act (TAA) of upon State, local, and tribal Section 9. Termination date. Section 1979 prohibits Federal agencies from governments in the aggregate of $100 1. Applicability, Section 4, Flight-free engaging in any standards or related million (adjusted annually for inflation) zones, and Section 5. Minimum flight activities that create unnecessary in any one year. Section 203 of the Act, altitudes, expire on April 19, 2001. obstacles to the foreign commerce of the 2 U.S.C. 1533, which supplements United States. Legitimate domestic section 204(a), provides that, before PART 93—SPECIAL AIR TRAFFIC objectives, such as safety, are not establishing any regulatory considered unnecessary obstacles. The RULES AND AIRPORT TRAFFIC requirements that might significantly or PATTERNS TAA also requires consideration of uniquely affect small governments, the international standards and where agency shall have developed a plan, appropriate, that they be the basis for which, among other things, must 3. The authority citation for part 93 U.S. standards. In addition, consistent provide for notice to potentially affected continues to read as follows: with the Administration’s belief in the small governments, if any, and for a Authority: 49 U.S.C. 106(g), 40103, 40113, general superiority and desirability of meaningful and timely opportunity for 40120, 44101, 44111, 44701, 44709, 44711, free trade, it is the policy of the these small governments to provide 44712, 44715, 44716, 44717, 44722, 46306, Administration to remove or diminish input in the development of regulatory 46315, 46316, 46502, 46504, 46506–46507, to the extent feasible, barriers to proposals. The FAA has determined that 47122, 47508, 47528–47531. international trade, including both this rule will not impose any unfunded 4. Sections 93.305 and 93.307 were barriers affecting the export of American mandates. goods and services to foreign countries published on December 31, 1996 (61 FR and barriers affecting the import of List of Subjects 69330), corrected at 62 FR 2445 (January 16, 1997), and delayed at 65 FR 5397 foreign goods and services into the 14 CFR Part 91, 121, 135 United States. (February 3, 2000); made effective In accordance with the above Act and Aircraft, Airmen, Aviation Safety December 1, 2000 in a rule published on policy, the FAA has assessed the April 4, 2000 (65 FR 17736), delayed potential effect of this final rule and has 14 CFR Part 93 until December 28, 2000 (65 FR 69846, determined that it will have only a Air traffic control, Airports, November 20, 2000), and delayed until domestic impact and therefore no effect Navigation (Air) April 1, 2001 at 66 FR 1005 (January 4, on any trade-sensitive activity. 2001). Section 93.305(c) and (d) and Adoption of Amendments 93.307 are further delayed until April Federalism Implications 19, 2001, and § 93.305 (a) and (b) are This amendment will not have Accordingly, the Federal Aviation further delayed until December 1, 2001. substantial direct effects on the states, Administration (FAA) amends 14 CFR on the relationship between the national parts 91, 93, 121, and 135 as follows: 5. The amendments to §§ 93.301, government and the states, or on the 93.305, 93.307 and 93.309 published on distribution of power and PART 91—GENERAL OPERATING AND April 4, 2000 (65 FR 17736), delayed responsibilities among the various FLIGHT RULES until December 28, 2000 (65 FR 69846, levels of government. Therefore, in November 20, 2000), were further accordance with Executive Order 12612, 1. The authority citation for part 91 delayed until April 1, 2001 (66 FR 1005, it is determined that this amendment continues to read as follows: January 4, 2001). The amendments to would not have sufficient Federalism Authority: 49 U.S.C. 106(g), 40103, 40106, §§ 93.301, 93.305 (c) and (d), 93.307 and implications to warrant the preparation 40109, 40113, 44502, 44514, 44701, 44719, 93.309 are further delayed until April of a Federalism Assessment. 46301. 19, 2001, and the amendments to § 93.305 (a) and (b) are delayed until Unfunded Mandates Reform Act PART 121—[AMENDED] December 1, 2001. Title II of the Unfunded Mandates Issued in Washington, DC on March 21, Reform Act of 1995 (the Act), enacted as 1. The authority cite for part 121 2001. Public Law 104–4 on March 22, 1995, continues to read as follows: Jane F. Garvey, requires each Federal agency, to the Authority: 49 U.S.C. 106(g), 40113, 40119, Administrator. extent permitted by law, to prepare a 41706, 44101, 44701–44702, 44705, 44709– written assessment of the effects of any 44711, 44713, 44716–44717, 44722, 44901, [FR Doc. 01–7410 Filed 3–21–01; 4:57 pm] Federal mandate in a proposed or final 44903–44904, 44912, 46105. BILLING CODE 4910–18–M VerDate 11 DEPARTMENT OF TRANSPORTATION would not publish well in the Federal to the routes on the east-end of the Register. You may obtain a copy of the Grand Canyon National Park (GCNP) Federal Aviation Administration map depicting commercial air tour Special Flight Rules Area (SFRA). routes by contacting Denise Cashmere at Consequently, the FAA is implementing Commercial Routes for the Grand (202) 267–3717, by faxing a request to the modifications to the route structure Canyon National Park (202) 267–5229, or by sending a request of the GCNP SFRA in two phases. AGENCY: Federal Aviation in writing to the Federal Aviation The first phase will implement the Administration (FAA), DOT. Administration, Air Transportation routes and airspace on the west-end of Division, AFS–200, 800 Independence the GCNP SFRA (defined as all areas ACTION: Notice of availability. Avenue, SW., Washington, DC 20591. within the SFRA west of the Dragon Corridor). On the east-end (defined as SUMMARY: On December 13, 2000, the Background FAA published a notice of availability the Dragon corridor and all areas within and request for comments on On April 4, 2000, the Federal the SFRA to the east), the first phase modifications to commercial air tour Aviation Administration published two will implement the modification to the routes in Grand Canyon National Park final rules, the Modification of the SFRA boundary as contained in the (GCNP) made final by the April 2000 Dimensions of the Grand Canyon April 2000 final rule. Specifically, the rulemaking. These modifications were National Park Special Flight Rules Area SFRA boundary over the Navajo Nation proposed in response to safety concerns and Flight Free Zones (Air Space lands is extended five miles to the east. expressed by some commercial air tour Modification), and the Commercial Air However, during this phase, the route operators conducting operations in Tour Limitation in the Grand Canyon structure on the east-end will remain GCNP. The comment period on the National Park Special Flight Rules Area almost exactly as that currently flown in modified routes closed on January 26, (Commercial Air Tour Limitation). See the SFRA under Special Federal 2001. On January 4, 2001, the FAA 65 FR 17736; 65 FR 17708; April 4, Aviation Regulation (SFAR) 50–2, with further delayed the implementation of 2000. The FAA also published only slight modification to certain entry the route structure to evaluate new concurrently a notice of availability of and exit points. To accomplish the dual safety issues. Several new safety issues Commercial Routes for the Grand goals of the substantial restoration of remain concerning the routes proposed Canyon National Park (Routes Notice). natural quiet in GCNP and a continued on the east-end of the GCNP. The FAA See 65 FR 17698, April 4, 2000. The safe operating environment for has resolved the safety issues on the Commercial Air Tour Limitations final commercial air tour operators, the FAA west-end and has determined that the rule became effective on May 4, 2000. finds that this combination of The Air Space Modification final rule air tour routes and airspace structure on commercial air tour routes is the most and the routes set forth in the Routes the west-end may be implemented. The reasonable proposal for the Spring 2001 Notice were scheduled to become FAA is not implementing any new air air tour season. effective December 1, 2000. The second phase of the commercial tour routes on the east-end at this During the course of litigation, the air tour route structure in GCNP is time.The FAA is not implementing any United States Air Tour Association and intended to involve implementation of a new air tour routes on the east-end at seven air tour operators raised new potentially revised route and airspace this time. Consequently, the FAA is safety concerns with the air tour routes structure on the east-end of the GCNP making available a map depicting final GCNP. The FAA first delayed SFRA based upon the route structure routes for GCNP on the west-end only. implementation of the routes until adopted in the April 2000 final rule. The FAA also publishes in this Federal December 28, 2000 (November 20, 2000; Implementation of the second phase Register a companion document 65 FR 69848) in order to evaluate and will be determined after the FAA has modifying the airspace in GCNP to address these new safety concerns. The evaluated and addressed all outstanding accommodate the modified route FAA then published a second notice of safety concerns. Interested persons will structure. The FAA makes available to availability of a map depicting proposed be afforded the opportunity to comment the public through this notice a copy of changes to routes in the east-end of on final revisions to the route structure the map showing routes that will go into GCNP on December 13, 2000 (65 FR in the east-end of GCNP. The FAA effect on the west-end of GCNP on April 78071), with a comment period that anticipates that these final 19, 2001, as well as the SFAR 50–2 closed on January 26, 2001. Following modifications will be in place for the route structure that will be retained on these actions, the FAA conducted an 2002 commercial air tour season. the east-end of GCNP. evaluation of the Planned Routes in the The two-phase implementation DATES: The commercial air tour route east-end of GCNP and determined that process will allow the FAA to move structure depicted on the map made modifications could be made to the toward the mandate for substantial available by this notice is effective on routes to enhance safety. However, there restoration of natural quiet in GCNP April 19, 2001. were also several safety issues raised with the implementation of the routes FOR FURTHER INFORMATION CONTACT: concerning the routes on the east-end. and airspace structure in the west-end Howard Nesbitt, Flight Standards Subsequently, on January 4, 2001, the of the GCNP. This will accomplish some Service, (AFS–200), Federal Aviation FAA delayed implementation of the goals of the April 2000 rulemaking in Administration, Room 1205, Federal routes until April 1, 2001 (66 FR 2001). that it will eliminate the Blue 1 and Office Building 10B, Seventh and It also stated that it may choose to Blue 1A routes. In addition, the phased Maryland Streets, SW, Washington, DC implement the routes in the western approach will allow the FAA to 20591; Telephone: (202) 493–4981. portion of GCNP while resolving routes adequately evaluate and address the SUPPLEMENTARY INFORMATION: in the east-end. remaining new safety concerns related to the routes in the east-end of GCNP Availability of the Proposed Routes Agency Action while commercial air tour operators are The FAA is not publishing the During the comment period for the able to train on the revised routes commercial air tour routes in today’s second Notice of Availability of air tour during the off-peak season. This process Federal Register because they are on routes, additional safety concerns were will temporarily maintain the SFAR 50– very large and very detailed charts that raised regarding the proposed revisions 2 route structure at the east-end of the VerDate 11 SFRA during the first phase. At the and adjusting as necessary with These charts are created to familiarize same time, the phased process will subsequent steps. Both agencies agreed air tour operators with respect to the provide for the elimination of to a logical, incremental process that new routes and the FAA is convinced overflights of some traditional cultural first mandated operational caps, curfews the charts provide sufficient detail for properties identified by Native and limitations to routes. To this end, this purpose. The FAA and NPS will American Tribes during the National the FAA was directed by Congress to work together to better identify features, Historic Preservation Act (NHPA) implement the recommendations from but not to the detriment of safe air Section 106 consultation process. the NPS unless they would aversely navigation. affect aviation safety. As the result of Comment: The environmental Comments Received on the December the ongoing litigation, the air tour coalition and Friends of Grand Canyon 2000 Notice of Availability of Routes operators have raised new aviation state a strong endorsement for the Comments were received from the safety concerns that the FAA must proposed closing of Blue 1 and the Sierra Club, Utah and Toiyabe (Nevada) appropriately evaluate and address. The Fossil Corridor. Chapters; United States Department of delay in implementing the routes and FAA response: The agencies believe Agriculture, Forest Service; Grand airspace structure on the east-end of the closing of Blue 1 and Fossil Corridor Canyon Airlines (GCA); Nancy GCNP will allow the FAA time to will make significant strides in the Christopherson; Helicopter Association adequately evaluate and address the incremental process of substantial International (HAI); AirStar Helicopters; new safety concerns. The delay will also restoration of natural quiet at GCNP. United States Air Tour Association provide the opportunity for the air tour Comment: The environmental (USATA); Dennis Brownridge, operators to train on the potentially coalition believes it is time to try a President, Friends of the Grand Canyon; revised routes during the off-peak different approach—a meeting between and Jim McCarthy, Designated Editor season. The timing of training is also an the FAA, the NPS and the representing Arizona Raft Adventures, aviation safety consideration. representatives of their organizations. Friends of the Grand Canyon, Grand Comment: The environmental FAA response: The FAA and the NPS Canyon Chapter of the Sierra Club, coalition states that the plain language held a stakeholder meeting which was Grand Canyon River Guides, Grand definition of substantial restoration of well intentioned, but provided no useful Canyon Trust, Nature Sounds Society, natural quiet requires that the test be results due to an unwillingness of National Parks Conservation met every day, regardless of season. stakeholders to negotiate. Association, and the Wilderness Society FAA response. Public Law 100–91 The FAA and NPS would be willing (Environmental coalition). A majority of and the definition of substantial to try again in the future, if all parties the comments were pertinent to the restoration did not specify the time are willing to participate in a process proposed routes for the east-end of the period of interest, other than ‘‘day’’. The that would encourage useful Grand Canyon, specifically Dragon NPS definition of ‘‘substantial negotiation. Corridor, Zuni Corridor, Desert View, restoration of natural quiet’’ involves Comment: The Sierra Club of Utah Marble Canyon and the proposed route time, area and acoustic components. and the Toiyabae Chapter recommend a over the Saddle Mountain Ridge. The Because many park visitors typically definition of ‘‘below the rim’’ as below FAA has elected to stay the April 2000 spend limited time in particular sound the elevation of any canyon rim or routes in the east-end until the new environments during specific park feature within three miles horizontally safety concerns can be resolved. Any visits, the amount of aircraft noise of the route. comments pertaining to the east-end present during those specific time FAA response: As a general rule, will be responded to in a future periods can have great implications for flights do not operate below the rim. In document. the visitor’s opportunity to experience certain isolated situations, aircraft being Comment: The environmental natural quiet in those particular times operated on certain fixed routes and at coalition raised the issues of and spaces. Based upon noise studies, fixed altitudes may operate below the congressional intent and legal mandate. the NPS has concluded that a visitor’s ground level of the rim temporarily. The commenter states that Pub. L. 100– opportunity to experience natural quiet This occurs because of terrain 91 calls for ‘‘appropriate action to during a visit, and the extent of noise fluctuations. Safety is not compromised protect the park and visitors,’’ and the impact depends upon a number of by allowing these flights to operate NPS plan ‘‘shall provide for substantial factors. These factors include: the below the rim for a short period of time. restoration of natural quiet.’’ The number of flights; the sound levels of In Public Law 100–91, Congress granted commenter states further that nowhere those aircraft as well as those of other the FAA, in consultation with the NPS, did Congress direct the agencies to sound sources in the natural the authority to determine rim level temper, delay, or compromise the environment; and the duration of because ‘‘delineation of the area needs mandate according to industry needs. It audible aircraft sound experienced by a to be made taking into account the also states that ‘‘even with the weak visitor. Effects of different time periods varying rim levels of the canyon and the NPS definition, the agencies will not (i.e., annual average, shoulder season, potential impact of this provision on come close to achieving the required summer season, peak day) were flight activities and operations.’’ S. Rep. restoration.’’ evaluated in the Final Supplemental 91 (100th Cong., 1st Sess. (1987)). The FAA response: Federal agencies have Environmental Assessment, February specific examples provided by this discretion to address problems using a 2000. commenter relate to operations in the phased approach. The April 2000 Comments: The environmental east-end of GCNP. These specific Airspace rule and Notice of Availability coalition, AirStar, and others comments may be addressed during the for commercial air tour routes are steps commented that the charts provided east-end review. in a process to achieve substantial with the proposals are helpful but have Comment: Grand Canyon Airlines and restoration of natural quiet at GCNP in room for improvement. Significant USATA commented on the lack of a accordance with Pub. L. 100–91. The geological and non-physical features definition of quiet aircraft incentive FAA and NPS have taken a reasoned should be shown. routes. and incremental approach to assess the FAA response: The FAA works with FAA response: The quiet technology steps in the process as they are taken, NOAA to print the reference charts. working group is currently working on VerDate 11 a rulemaking to designate reasonably typically are not subject to notice and routes would certainly provide the achievable requirements for fixed-wing comment because the FAA requires the operators with first-hand operational and helicopter aircraft necessary for flexibility to change such items in the experience with the proposed routes. such aircraft to be considered as interest of safety as required, without However, to facilitate this, especially in employing quiet aircraft technology. delay. Notice of changes to the the east-end of the GCNP, the FAA Once such a designation has been Procedures Manual is provided by the would have to shut down the airspace completed, publicly reviewed and LAS FSDO directly to authorized for a period of time since the SFAR 50– issued, the FAA, in consultation with certificate holders. 2 routes and the new route the NPS and the advisory group (see Comment: HAI and USATA state that modifications would not be compatible. Section 805, Pub. L. 106–181), shall connecting proposed routes on the west- This would cause further economic establish incentive routes for end to existing SFAR 50–2 routes on the hardship on the operators, especially commercial air tour operators who east-end require separate evaluations of the smaller operators. safety, environmental impact, economic employ quiet aircraft technology. In Comment: AirStar and USATA state impact, feasibility, and noise Public Law 106–181, Congress that the FAA is moving down an ill- mandated that the quiet technology contribution. advised road. SFAR 50–2 has provided incentive routes must be located in FAA response: The FAA disagrees a simple accident-free environment for areas that will not negatively impact the that implementing the new west-end greater than ten-years. AirStar states that substantial restoration of natural quiet, routes in the GCNP while maintaining they cannot understand why the FAA tribal lands, or safety. the SFAR 50–2 route structure on the Comment: GCA urges transponders on east-end requires a separate safety and persists in exposing the flying public to all air tour aircraft. feasibility study together with an additional risk. USATA states that any FAA response: Although this economic impact analysis. The new new routes be at least as safe as SFAR comment may have some merit, it is west-end routes and the SFAR 50–2 50–2. beyond the scope of this notice. east-end routes are separate and distinct FAA response: Public Law 100–91 Comment: HAI, USATA and AirStar from each other. The only area in which requires the FAA to develop an air tour state that the FAA failed to provide the two route structures begin to come structure that is both safe and improves sufficient information upon which to together is a Grand Canyon National the substantial restoration of natural base meaningful comments, specifically Airport (GCN) at Tusayan, Arizona. At quiet in the GCNP. The route structure detailed route narrative and arrival this point, the new routes (Blue Direct being implemented by this notice is descriptions. North and Blue Direct South) meet consistent with this statute. The portion FAA response: The FAA provided a outside the controlled airspace at GCN of the route structure being delayed map of the GCNP airspace detailing the at the same points as the current SFAR provides additional gains in substantial changes to the east-end that the FAA 50–2 route system. The safety issues on restoration of natural quiet but has believed would rectify the problems the new west-end routes have already unresolved new safety concerns, identified by the air tour operators. This been evaluated by the FAA during the therefore it is being delayed until those map shows the proposed route rulemaking process, culminating with concerns are resolved. modifications together with the east-end the Notice of Availability issued April 4, Comment: USATA states that the new route structure as finalized on April 4, 2000. Bush Administration should be given 2000, elevations of certain topographic The economic analysis completed for features, reporting points, and other the final rule published April 4, 2000 the opportunity to review all topographic features (rivers, canyons, evaluates the east-end and west-end government actions of the previous etc.). Flight Standards personnel operations separately since these are administration. reviewed the map and considered it distinct markets. This analysis is still FAA response: The new adequate to evaluate the proposed route valid. The FAA is only delaying Administration has elected not to structure. implementation of the east-end routes, it further delay the implementation of the The route narratives and arrival/ is not taking a final action. If the agency rules published April 4, 2000. Under departure procedures are part of Las takes a final action that is different than direction of the new Administration, Vegas Flight Standards District Office that published on April 4, 2000, then it this action was revised and it was (LAS FSDO) Order 1380.2A. This is may be necessary to complete a revised determined that this action would not consistent with standard route economic evaluation. be further reviewed. descriptions that have been promoted Comment: AirStar recommends that Issued in Washington, DC on March 13, and distributed since 1987. The once an entire proposal is developed, 2001. Procedures Manual provides landmark the FAA must allow familiarization and L. Nicholas Lacey, information, specific route descriptions, evaluation flights for the operators to altitudes and reporting points for each make valid comments. Director, Flight Standards Service. route, in addition to operational and FAA response: The FAA agrees that [FR Doc. 01–7411 Filed 3–21–01; 4:57 pm] training procedures. These items allowing operators to fly proposed BILLING CODE 4910–13–M VerDate 11 Part V The President Proclamation 7417—Education and Sharing Day, U.S.A., 2001 VerDate 11 Federal Register Presidential Documents Vol. 66, No. 58 Monday, March 26, 2001 Title 3— Proclamation 7417 of March 22, 2001 The President Education and Sharing Day, U.S.A., 2001 By the President of the United States of America A Proclamation With the dawn of a new century, America’s youth face a world of nearly unlimited possibilities. New advances in technology, medicine, and science offer the potential for great progress. We must ensure that every child has the technical skills needed to pursue success in their respective fields. However, they also require the wisdom and understanding to make sense of an ever-changing world. As teachers, parents, and citizens, we have a responsibility to pass on more than just academic knowledge to our children. We also need to provide them with the moral strength to see them through turbulent and challenging times. An education that nurtures goodness and kindness gives direction and dignity to the lives of our young people and strengthens our commu- nities. Humanity has long recognized such core and never-changing ethical values as vital to the well-being of a society and its citizenry. Rabbi Menachem Mendel Schneerson, the Lubavitcher Rebbe, clearly under- stood the importance of fostering character. His establishment of educational, social, and rehabilitative institutions bettered the lives of people both in this country and abroad. As he once said, ‘‘All educational efforts are basi- cally meaningless unless built on the solid foundation of good character.’’ Next year marks the 100th anniversary of the Rebbe’s birth, but his legacy of teaching that a nation’s true greatness is measured by whether it produces citizens of compassion and character remains timeless. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim April 4, 2001, as Education and Sharing Day, U.S.A., 2001. By teaching children the highest standards of ethical behavior, Americans prepare our next generation of leaders to pursue meaningful lives as members of a decent and caring society. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of March, in the year of our Lord two thousand one, and of the Independ- ence of the United States of America the two hundred and twenty-fifth. W [FR Doc. 01–7616 Filed 3–23–01; 10:47 am] Billing code 3195–01–P VerDate 11 Reader Aids Federal Register Vol. 66, No. 58 Monday, March 26, 2001 CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–523–5227 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 1481...... 14479 1786...... 15785 Presidential Documents Proclamations: 7408...... 12989 Proposed Rules: Executive orders and proclamations 523–5227 7409...... 12991 Ch. I ...... 13267 The United States Government Manual 523–5227 7410...... 13639 Ch. 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Proposed Rules: 543...... 12993 537...... 15202 544...... 12993, 15017 FEDERAL REGISTER PAGES AND DATE, MARCH 1600...... 16411 545...... 12993 1601...... 16415 550...... 12993 12843–12992...... 1 552...... 12993, 15017 12993–13226...... 2 7 CFR 555...... 12993 13227–13388...... 5 205...... 15619 559...... 12993 13389–13644...... 6 932...... 13389 560...... 12993, 15015 13645–13838...... 7 956...... 13391 562...... 12993 13839–14070...... 8 966...... 13394 563...... 12993, 15015 14071–14298...... 9 982...... 13396 563b...... 12993 14299–14478...... 12 1210...... 13400 563f...... 12993 565...... 12993 14479–14824...... 13 1400...... 15172 1421...... 13402, 15172 566...... 15015 14825–15014...... 14 1427...... 15172 567...... 12993 15015–15186...... 15 1430...... 15172, 15538 574...... 12993 15187–15344...... 16 1434...... 15172 575...... 12993 15345–15618...... 19 1435...... 15172 584...... 12993, 15015 15619–15784...... 20 1439...... 15538 620...... 14299 15785–15990...... 21 1469...... 13839 701...... 15619 15991–16102...... 22 1470...... 13839 Proposed Rules: 16103–16382...... 23 1476...... 15172 567...... 15049 16383–16592...... 26 1480...... 15976 611...... 15814 VerDate 11-MAY-2000 19:07 Mar 23, 2001 Jkt 194001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\26MRCU.LOC pfrm02 PsN: 26MRCU ii Federal Register / Vol. 66, No. 58 / Monday, March 26, 2001 / Reader Aids 618...... 15814 37...... 14262 301...... 13013 38 CFR 620...... 15814 38...... 14262 Proposed Rules: 3...... 13435 722...... 15055 40...... 14262 1 ...... 12916, 13050, 13864, 19...... 13437 742...... 15055 41...... 14262 14350, 14351, 14443, 14512, Proposed Rules: 915...... 14093 100...... 14262 15820, 15945, 16019 17...... 13461 917...... 14093 160...... 15550 31...... 13275 19...... 13463 925...... 14093 166...... 14262 301...... 16161 930...... 14093 170...... 14262 39 CFR 27 CFR 931...... 14093 188...... 14262 111...... 16129, 16130 932...... 13688, 14093 190...... 14507 9...... 13429 Proposed Rules: 933...... 14093 Ch. II ...... 13273 19...... 12853 20...... 13868 956...... 14093 257...... 16158 21...... 12853 111...... 15206, 16431 966...... 14093 270...... 15369 22...... 13014 275...... 15369 275...... 13849 40 CFR 13 CFR Proposed Rules: 9...... 16134 18 CFR Proposed Rules: 275...... 13864, 16425 52 ...... 13854, 14078, 14087, 121...... 14865 33...... 16121 290...... 16425 14318, 14492, 15195, 16135, 157...... 14486, 15347 296...... 16425 16137 14 CFR 382...... 15793 55...... 12982 25...... 12843, 15020 Proposed Rules: 28 CFR 60...... 12871, 13438 39 ...... 13010, 13227, 13229, Ch. 1 ...... 15673 25...... 12854 63 ...... 14320, 16007, 16140, 13232, 13413, 13414, 13416, 284...... 13689 16400 13418, 13422, 13424, 13635, 29 CFR 70 ...... 12872, 15635, 16137 14301, 14304, 14306, 14308, 19 CFR 9...... 16126 71...... 12972 14310, 14826, 15022, 15024, 4...... 16392 2590...... 14076 72...... 12974 15362, 15363, 15365, 15621, 159...... 16392 4022...... 15031 74...... 12974 15623, 15785, 16103, 16105, 178...... 16392 4044...... 15031 78...... 12974 16107, 16111, 16114, 16116, 81 ...... 14078, 14087, 14492, 30 CFR 71 ...... 13011, 15027, 15991, 20 CFR 15578 16118, 16120 403...... 14315 57...... 15032 82...... 13655, 14760 73...... 16391 72...... 15033 141...... 16134 91...... 16316, 16582 21 CFR 773...... 16127 142...... 16134 93...... 16582 10...... 12848 816...... 14316 180 ...... 14326, 14330, 14829, 97 ...... 14312, 14314, 15992, 14...... 12848 817...... 14316 14837, 14846, 14852, 16143 15993, 15995 16...... 12848 934...... 13015 Proposed Rules: 121...... 16582 172...... 13652, 13846 Proposed Rules: 52 ...... 14103, 14512, 15212, 135...... 16582 175...... 13653 917...... 13275 16161, 16162, 16432 Proposed Rules: 176...... 13653 938...... 13277 55...... 12986 25...... 14504, 15203 178...... 13653 63 ...... 13464, 14352, 16024, 31 CFR 39 ...... 12913, 13184, 13186, 203...... 12850 16318, 16434 13189, 13192, 13195, 13198, 205...... 12850 Proposed Rules: 70 ...... 12916, 15680, 16162 13201, 13204, 13207, 13210, 291...... 15347 1...... 13865 71...... 12916 13213, 13216, 13219, 13223, 72...... 12979 510 ...... 13426, 13847, 14072, 32 CFR 13269, 13271, 13858, 14094, 15348 74...... 12979 14096, 14345, 14346, 14348, 520 ...... 13848, 14072, 14316, 199...... 12855, 16400 78...... 12979 81 ...... 14103, 14512, 15591 14865, 14867, 15062, 15545, 15348 33 CFR 15662, 15664, 15666, 15667, 522 ...... 13235, 14072, 15348 82...... 14771 15670, 15814, 15817, 16017, 524 ...... 13236, 13848, 14072 100...... 13238, 13431 131...... 16435 117 ...... 13239, 13433, 14487, 16156, 16418, 16422 526...... 14072 42 CFR 255...... 13860 558 ...... 13236, 13238, 14072, 16128 16125 165 ...... 13851, 13853, 14488, 8...... 15347 15 CFR 880...... 15796 14490, 15350, 15624, 15798, 410 ...... 13020, 13021, 14861 412...... 13020, 13021 738...... 12845 884...... 14074 15997 413 ...... 13020, 13021, 14342 740...... 12845 Proposed Rules: 187...... 15625 414...... 14861 744...... 12845 1304...... 13274 334...... 15799 416...... 15352 746...... 12845 1305...... 13274 401...... 15328 422...... 13854, 14342 922...... 16120 1306...... 13274 402...... 15328 424...... 14861 1311...... 13274 Proposed Rules: 16 CFR 117 ...... 13460, 15373, 15677 435...... 14343 441...... 15800 4...... 13645 22 CFR 165 ...... 13030, 13867, 15679, 16020 480...... 14861 1500...... 13645, 15996 42...... 15349 482...... 15352 Proposed Rules: 34 CFR 483...... 15800 432...... 12915 23 CFR 361...... 13239 485 ...... 13020, 13021, 15352 658...... 13012 498...... 14861 17 CFR Proposed Rules: 25 CFR 50...... 13034 Proposed Rules: 200...... 15791 36...... 15063 239...... 13234 20...... 15029 36 CFR 43 CFR 240 ...... 13234, 15028, 15792 Proposed Rules: 1250...... 16374 270...... 13234, 14828 542...... 12916 1254...... 16374 Proposed Rules: 274...... 13234, 14071 1600...... 15033 2090...... 16162 Proposed Rules: 26 CFR 2200...... 16162 37 CFR 1...... 14262, 14507 1 ...... 12853, 13013, 13427, 2710...... 16162 5...... 14262 13429, 13635, 16126 1...... 16004 2740...... 16162 15...... 14262 53...... 13013 Proposed Rules: 3800...... 16162 36...... 14262 54...... 14076 255...... 14099 9260...... 16162 VerDate 11-MAY-2000 19:07 Mar 23, 2001 Jkt 194001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\26MRCU.LOC pfrm02 PsN: 26MRCU Federal Register / Vol. 66, No. 58 / Monday, March 26, 2001 / Reader Aids iii 44 CFR 74...... 15353 Proposed Rules: 16151 64...... 15639 76...... 16533 904...... 13473 660...... 15358 65...... 13240, 13263 90 ...... 13020, 13023, 15041 952...... 13473 679 ...... 12912, 13029, 13266, 152...... 15968 Proposed Rules: 970...... 13473 13671, 13672, 13856, 14343, 295...... 15948 1...... 14104 49 CFR 14863, 15201, 15359, 15360, 22...... 14104 15656, 16014, 16155, 16409, 45 CFR 43...... 13690 Proposed Rules: 16410 46...... 15352 51...... 13279, 15064 195...... 15681, 15821 697...... 13443, 14500 229...... 13474 146...... 14076 53...... 15064 Proposed Rules: 1611...... 16013 64...... 15064 50 CFR 17 ...... 13474, 13691, 14107 73 ...... 12920, 12921, 12922, 47 CFR 17 ...... 13656, 14626, 15643 18...... 14352 13691, 13870, 14513, 14871, 2...... 15641 222...... 15045 216...... 15375 14872, 15065 22...... 15041 223...... 15045 300...... 13480 76...... 16524 54...... 16144, 16145 229...... 15045 600 ...... 13279, 13870, 15395 64...... 12917, 16151 230...... 14862 622...... 13692 73 ...... 12894, 12895, 12896, 48 CFR 300...... 15801 635...... 13692, 15396 12897, 13855, 13856, 14862, Ch. 1 ...... 14260 622 ...... 13440, 14862, 15357 648 ...... 13279, 13281, 13694, 15044, 15353, 15642, 15800, 19...... 13856 635...... 13441 13695 15801 1516...... 12897 648 ...... 12902, 13025, 15812, 660 ...... 13035, 13483, 14353 VerDate 11-MAY-2000 19:07 Mar 23, 2001 Jkt 194001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\26MRCU.LOC pfrm02 PsN: 26MRCU iv Federal Register / Vol. 66, No. 58 / Monday, March 26, 2001 / Reader Aids REMINDERS AGRICULTURE Compliance certification comments due by 4-6- The items in this list were DEPARTMENT requirements; 01; published 3-7-01 editorially compiled as an aid Food Safety and Inspection amendments; comments Various plants from Lanai, to Federal Register users. Service due by 4-2-01; HI; comments due by Inclusion or exclusion from Meat and poultry inspection: published 3-1-01 4-2-01; published 2-22- this list has no legal On-line antimicrobial FEDERAL 01 significance. reprocessing of pre-chill COMMUNICATIONS Various plants from Maui poultry carcasses; COMMISSION and Kahoolawe, HI; performance standards; Common carrier services: comments due by 4-2- RULES GOING INTO comments due by 4-2-01; Interconnection— 01; published 2-22-01 EFFECT MARCH 26, 2001 published 1-30-01 Unbundled network Various plants from COMMERCE DEPARTMENT elements use to provide Molokai, HI; comments due by 4-2-01; FEDERAL National Oceanic and exchange access published 2-22-01 COMMUNICATIONS Atmospheric Administration service; comments due COMMISSION Fishery conservation and by 4-5-01; published 3- INTERIOR DEPARTMENT Radio stations; table of management: 5-01 Surface Mining Reclamation assignments: Magnuson-Stevens Act Radio and television and Enforcement Office California; published 2-21-01 provisions— broadcasting: Permanent program and Texas; published 2-22-01 Domestic fisheries; Digital broadcast television; abandoned mine land INTERIOR DEPARTMENT exempted fishing reception capability; reclamation plan Minerals Management permits; comments due issues and concerns; submissions: Service by 4-3-01; published 3- comments due by 4-6-01; Kentucky; comments due by published 2-13-01 Outer Continental Shelf oil 19-01 4-4-01; published 3-5-01 and gas leasing: Northeastern United States Radio stations; table of Pennsylvania; comments assignments: Leasing incentive framework fisheries— due by 4-4-01; published establishment; bidding Summer flounder, scup, Alaska; comments due by 3-5-01 systems and joint bidding and black sea bass; 4-2-01; published 2-27-01 INTERIOR DEPARTMENT restrictions; and royalty comments due by 4-6- Georgia; comments due by National Indian Gaming suspensions; published 2- 01; published 3-7-01 4-2-01; published 2-27-01 Commission 23-01 Northeastern United States Mississippi; comments due Management contract JUSTICE DEPARTMENT fisheries— by 4-3-01; published 3-13- provisions: 01 Immigration and Atlantic herring; comments Minimum internal control Naturalization Service due by 4-4-01; Missouri and Michigan; standards; comments due comments due by 4-5-01; Immigration: published 3-5-01 by 4-2-01; published 3-1- published 3-7-01 Aliens— Northeast multispecies 01 and Atlantic sea New York and Status adjustment to NUCLEAR REGULATORY scallop; comments due Pennsylvania; comments lawful permanent COMMISSION by 4-4-01; published 3- due by 4-2-01; published resident; certain Spent nuclear fuel and high- 5-01 2-22-01 eligibility restrictions level radioactive waste; temporarily removed; Surf clam and ocean HEALTH AND HUMAN independent storage; published 3-26-01 quahog; comments due SERVICES DEPARTMENT licensing requirements: by 4-6-01; published 3- Food and Drug NUCLEAR REGULATORY Approved spent fuel storage 7-01 Administration COMMISSION casks; list; comments due ENERGY DEPARTMENT Food additives: Production and utilization by 4-5-01; published 3-6- facilities; ddomestic Acquisition regulations: Adhesive coatings and 01 licensing: Conditional payment of fees, components and paper Spent nuclear fuel and high- and paperboard Components; construction, profit, and other level radioactive waste; components— inservice inspoection, and incentives; comments due independent storage; inserving testing; industry by 4-5-01; published 3-6- Butanedioic acid, sulfo- licensing requirements: odes and standards; 01 1,4-diisodecyl ester, Approved spent fuel storage correction; published 3-26- ENVIRONMENTAL ammonium salt; casks; list; comments due 01 PROTECTION AGENCY comments due by 4-6- by 4-5-01; published 3-6- 01; published 3-7-01 01 TRANSPORTATION Air programs: Dimethyl dicarbonate; DEPARTMENT Outer Continental Shelf SECURITIES AND comments due by 4-6-01; regulations— EXCHANGE COMMISSION Coast Guard published 3-7-01 Alaska; consistency Securities: Drawbridge operations: Food for human consumption, update; comments due Equity compensation plans; Louisiana; published 2-22-01 and animal drugs, feeds, by 4-2-01; published 3- proxy statements and and related products: 1-01 periodic reports; Plant-derived bioengineered COMMENTS DUE NEXT Alaska; consistency disclosure requirements; foods; premarket notice; WEEK update; comments due comments due by 4-2-01; comments due by 4-3-01; by 4-2-01; published 3- published 2-1-01 published 1-18-01 AGRICULTURE 1-01 Self-regulatory organizations; DEPARTMENT Clean Air Act: INTERIOR DEPARTMENT proposed rule changes; filing requirements; Commodity Credit State and Federal operating Fish and Wildlife Service comments due by 4-6-01; Corporation permits programs— Endangered and threatened published 2-5-01 Loan and purchase programs: Compliance certification species: Livestock indemnity requirements; Critical habitat TRANSPORTATION program; comments due amendments; comments designations— DEPARTMENT by 4-6-01; published 3-7- due by 4-2-01; Various plants from Kauai Coast Guard 01 published 3-1-01 and Niihau, HI; Ports and waterways safety: VerDate 11-MAY-2000 19:07 Mar 23, 2001 Jkt 194001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\26MRCU.LOC pfrm02 PsN: 26MRCU Federal Register / Vol. 66, No. 58 / Monday, March 26, 2001 / Reader Aids v East River, NY; safety zone; TREASURY DEPARTMENT comments due by 4-3-01; text will also be made comments due by 4-2-01; Alcohol, Tobacco and published 1-3-01 available on the Internet from published 3-2-01 Firearms Bureau Tentative carryback GPO Access at http:// TRANSPORTATION Alcohol; viticultural area adjustment in consolidated www.access.gpo.gov/nara/ DEPARTMENT designations: return context; filing index.html. Some laws may application guidance; not yet be available. Federal Aviation Alexander Valley and Dry hearing; comments due Administration Creek Valley, CA; by 4-4-01; published 1-4- S.J. Res. 6/P.L. 107–5 Airworthiness directives: comments due by 4-6-01; 01 Airbus; comments due by 4- published 2-5-01 Providing for congressional 2-01; published 2-14-01 Procedure and administration: disapproval of the rule TREASURY DEPARTMENT Boeing; comments due by Attorney’s fees and other submitted by the Department 4-2-01; published 2-15-01 Comptroller of the Currency costs based upon of Labor under chapter 8 of Cessna; comments due by Investment securities, bank qualified offers; awards; title 5, United States Code, 4-4-01; published 1-22-01 activities and operations, hearing; comments due relating to ergonomics. (Mar. CFM International; and leasing; comments due by 4-4-01; published 1-4- 20, 2001; 115 Stat. 7) by 4-2-01; published 1-30- 01 comments due by 4-2-01; Last List March 20, 2001 published 1-30-01 01 Tax liabilities determination Gulfstream; comments due TREASURY DEPARTMENT or collection; third party by 4-2-01; published 2-15- Customs Service contracts; comments due 01 by 4-2-01; published 1-2- Public Laws Electronic Financial and accounting 01 McDonnell Douglas; procedures: Notification Service comments due by 4-2-01; Reimbursable Customs (PENS) published 2-15-01 inspectional services; LIST OF PUBLIC LAWS Raytheon; comments due by hourly rate charge 4-6-01; published 2-14-01 increase; comments due This is a continuing list of PENS is a free electronic mail Rolladen Schneider by 4-2-01; published 2-1- public bills from the current notification service of newly Flugzeugbau GmbH; 01 session of Congress which enacted public laws. To comments due by 4-2-01; have become Federal laws. It subscribe, go to http:// TREASURY DEPARTMENT published 2-14-01 may be used in conjunction hydra.gsa.gov/archives/ Rolls-Royce Deutschland Internal Revenue Service with ‘‘PLUS’’ (Public Laws publaws-l.html or send E-mail GmbH; comments due by Income taxes: Update Service) on 202–523– to [email protected] 4-3-01; published 2-2-01 Electing small business 6641. This list is also with the following text Sikorsky; comments due by trusts; comments due by available online at http:// message: 4-2-01; published 1-30-01 4-4-01; published 12-29- www.nara.gov/fedreg. SUBSCRIBE PUBLAWS-L 00 Airworthiness standards: The text of laws is not Your Name. Special conditions— Income subject to separate published in the Federal Gulfstream Aerospace limitations and deemed- Register but may be ordered Note: This service is strictly Corp. G-1159 airplanes; paid credit computation; in ‘‘slip law’’ (individual for E-mail notification of new comments due by 4-2- comments due by 4-3-01; pamphlet) form from the laws. The text of laws is not 01; published 3-1-01 published 1-3-01 Superintendent of Documents, available through this service. Class E airspace; comments Partner’s interest basis U.S. Government Printing PENS cannot respond to due by 4-6-01; published 2- determination; special Office, Washington, DC 20402 specific inquiries sent to this 20-01 rules under section 705; (phone, 202–512–1808). The address. VerDate 11-MAY-2000 19:07 Mar 23, 2001 Jkt 194001 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\26MRCU.LOC pfrm02 PsN: 26MRCU vi Federal Register / Vol. 66, No. 58 / Monday, March 26, 2001 / Reader Aids CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–042–00037–4) ...... 58.00 Jan. 1, 2000 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–042–00038–2) ...... 46.00 Jan. 1, 2000 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–042–00039–1) ...... 17.00 4Jan. 1, 2000 numbers, prices, and revision dates. 200–1199 ...... (869–042–00040–4) ...... 29.00 Jan. 1, 2000 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–042–00041–2) ...... 25.00 Jan. 1, 2000 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–044–00042–3) ...... 36.00 Jan. 1, 2001 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–042–00043–9) ...... 45.00 Jan. 1, 2000 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–042–00044–7) ...... 26.00 Jan. 1, 2000 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–042–00045–5) ...... 33.00 Jan. 1, 2000 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–042–00046–3) ...... 43.00 Jan. 1, 2000 index.html. For information about GPO Access call the GPO User Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 17 Parts: 1–199 ...... (869–042–00048–0) ...... 32.00 Apr. 1, 2000 The annual rate for subscription to all revised paper volumes is 200–239 ...... (869–042–00049–8) ...... 38.00 Apr. 1, 2000 $951.00 domestic, $237.75 additional for foreign mailing. 240–End ...... (869–042–00050–1) ...... 49.00 Apr. 1, 2000 Mail orders to the Superintendent of Documents, Attn: New Orders, 18 Parts: P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 1–399 ...... (869–042–00051–0) ...... 54.00 Apr. 1, 2000 accompanied by remittance (check, money order, GPO Deposit 400–End ...... (869–042–00052–8) ...... 15.00 Apr. 1, 2000 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 19 Parts: 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–140 ...... (869–042–00053–6) ...... 40.00 Apr. 1, 2000 charge orders to (202) 512-2250. 141–199 ...... (869–042–00054–4) ...... 40.00 Apr. 1, 2000 200–End ...... (869–042–00055–2) ...... 20.00 Apr. 1, 2000 Title Stock Number Price Revision Date 20 Parts: 1, 2 (2 Reserved) ...... (869–042–00001–3) ...... 6.50 Apr. 1, 2000 1–399 ...... (869–042–00056–1) ...... 33.00 Apr. 1, 2000 3 (1997 Compilation 400–499 ...... (869–042–00057–9) ...... 56.00 Apr. 1, 2000 and Parts 100 and 500–End ...... (869–042–00058–7) ...... 58.00 Apr. 1, 2000 1 101) ...... (869–042–00002–1) ...... 22.00 Jan. 1, 2000 21 Parts: 4 ...... (869–044–00003–2) ...... 9.00 Jan. 1, 2001 1–99 ...... (869–042–00059–5) ...... 26.00 Apr. 1, 2000 100–169 ...... (869–042–00060–9) ...... 30.00 Apr. 1, 2000 5 Parts: 170–199 ...... (869–042–00061–7) ...... 29.00 Apr. 1, 2000 1–699 ...... (869–044–00004–1) ...... 53.00 Jan. 1, 2001 200–299 ...... (869–042–00062–5) ...... 13.00 Apr. 1, 2000 700–1199 ...... (869–044–00005–9) ...... 44.00 Jan. 1, 2001 300–499 ...... (869–042–00063–3) ...... 20.00 Apr. 1, 2000 1200–End, 6 (6 500–599 ...... (869–042–00064–1) ...... 31.00 Apr. 1, 2000 Reserved) ...... (869–042–00006–4) ...... 48.00 Jan. 1, 2000 600–799 ...... (869–042–00065–0) ...... 10.00 Apr. 1, 2000 7 Parts: 800–1299 ...... (869–042–00066–8) ...... 38.00 Apr. 1, 2000 *1–26 ...... (869–044–00007–5) ...... 40.00 Jan. 1, 2001 1300–End ...... (869–042–00067–6) ...... 15.00 Apr. 1, 2000 27–52 ...... (869–042–00008–1) ...... 35.00 Jan. 1, 2000 22 Parts: 53–209 ...... (869–042–00009–9) ...... 22.00 Jan. 1, 2000 1–299 ...... (869–042–00068–4) ...... 54.00 Apr. 1, 2000 210–299 ...... (869–042–00010–2) ...... 54.00 Jan. 1, 2000 300–End ...... (869–042–00069–2) ...... 31.00 Apr. 1, 2000 300–399 ...... (869–042–00011–1) ...... 29.00 Jan. 1, 2000 400–699 ...... (869–044–00012–1) ...... 53.00 Jan. 1, 2001 23 ...... (869–042–00070–6) ...... 29.00 Apr. 1, 2000 700–899 ...... (869–042–00013–7) ...... 37.00 Jan. 1, 2000 24 Parts: 900–999 ...... (869–042–00014–5) ...... 46.00 Jan. 1, 2000 0–199 ...... (869–042–00071–4) ...... 40.00 Apr. 1, 2000 1000–1199 ...... (869–042–00015–3) ...... 18.00 Jan. 1, 2000 200–499 ...... (869–042–00072–2) ...... 37.00 Apr. 1, 2000 1200–1599 ...... (869–042–00016–1) ...... 44.00 Jan. 1, 2000 500–699 ...... (869–042–00073–1) ...... 20.00 Apr. 1, 2000 1600–1899 ...... (869–044–00017–2) ...... 57.00 Jan. 1, 2001 700–1699 ...... (869–042–00074–9) ...... 46.00 Apr. 1, 2000 1900–1939 ...... (869–042–00018–8) ...... 21.00 Jan. 1, 2000 1700–End ...... (869–042–00075–7) ...... 18.00 5Apr. 1, 2000 4 *1940–1949 ...... (869–044–00019–9) ...... 37.00 Jan. 1, 2001 25 ...... (869–042–00076–5) ...... 52.00 Apr. 1, 2000 1950–1999 ...... (869–042–00020–0) ...... 38.00 Jan. 1, 2000 2000–End ...... (869–042–00021–8) ...... 31.00 Jan. 1, 2000 26 Parts: §§ 1.0-1–1.60 ...... (869–042–00077–3) ...... 31.00 Apr. 1, 2000 8 ...... (869–044–00022–9) ...... 54.00 Jan. 1, 2001 §§ 1.61–1.169 ...... (869–042–00078–1) ...... 56.00 Apr. 1, 2000 9 Parts: §§ 1.170–1.300 ...... (869–042–00079–0) ...... 38.00 Apr. 1, 2000 1–199 ...... (869–042–00023–4) ...... 46.00 Jan. 1, 2000 §§ 1.301–1.400 ...... (869–042–00080–3) ...... 29.00 Apr. 1, 2000 *200–End ...... (869–044–00024–5) ...... 53.00 Jan. 1, 2001 §§ 1.401–1.440 ...... (869–042–00081–1) ...... 47.00 Apr. 1, 2000 §§ 1.441-1.500 ...... (869-042-00082-0) ...... 36.00 Apr. 1, 2000 10 Parts: §§ 1.501–1.640 ...... (869–042–00083–8) ...... 32.00 Apr. 1, 2000 1–50 ...... (869–042–00025–1) ...... 46.00 Jan. 1, 2000 §§ 1.641–1.850 ...... (869–042–00084–6) ...... 41.00 Apr. 1, 2000 51–199 ...... (869–042–00026–9) ...... 38.00 Jan. 1, 2000 §§ 1.851–1.907 ...... (869–042–00085–4) ...... 43.00 Apr. 1, 2000 200–499 ...... (869–042–00027–7) ...... 38.00 Jan. 1, 2000 §§ 1.908–1.1000 ...... (869–042–00086–2) ...... 41.00 Apr. 1, 2000 *500–End ...... (869–044–00028–8) ...... 55.00 Jan. 1, 2001 §§ 1.1001–1.1400 ...... (869–042–00087–1) ...... 45.00 Apr. 1, 2000 11 ...... (869–042–00029–3) ...... 23.00 Jan. 1, 2000 §§ 1.1401–End ...... (869–042–00088–9) ...... 66.00 Apr. 1, 2000 2–29 ...... (869–042–00089–7) ...... 45.00 Apr. 1, 2000 12 Parts: 30–39 ...... (869–042–00090–1) ...... 31.00 Apr. 1, 2000 1–199 ...... (869–044–00030–0) ...... 27.00 Jan. 1, 2001 40–49 ...... (869–042–00091–9) ...... 18.00 Apr. 1, 2000 200–219 ...... (869–042–00031–5) ...... 22.00 Jan. 1, 2000 50–299 ...... (869–042–00092–7) ...... 23.00 Apr. 1, 2000 *220–299 ...... (869–044–00032–6) ...... 54.00 Jan. 1, 2001 300–499 ...... (869–042–00093–5) ...... 43.00 Apr. 1, 2000 300–499 ...... (869–042–00033–1) ...... 29.00 Jan. 1, 2000 500–599 ...... (869–042–00094–3) ...... 12.00 Apr. 1, 2000 500–599 ...... (869–042–00034–0) ...... 26.00 Jan. 1, 2000 600–End ...... (869–042–00095–1) ...... 12.00 Apr. 1, 2000 600–End ...... (869–042–00035–8) ...... 53.00 Jan. 1, 2000 27 Parts: 13 ...... (869–042–00036–6) ...... 35.00 Jan. 1, 2000 1–199 ...... (869–042–00096–0) ...... 59.00 Apr. 1, 2000 VerDate 11-MAY-2000 19:21 Mar 23, 2001 Jkt 194001 PO 00000 Frm 00001 Fmt 4721 Sfmt 4721 E:\FR\FM\26MRCL.LOC pfrm11 PsN: 26MRCL Federal Register / Vol. 66, No. 58 / Monday, March 26, 2001 / Reader Aids vii Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–042–00097–8) ...... 18.00 Apr. 1, 2000 260–265 ...... (869–042–00151–6) ...... 36.00 July 1, 2000 ...... 28 Parts: ...... 266–299 (869–042–00152–4) 35.00 July 1, 2000 300–399 ...... (869–042–00153–2) ...... 29.00 July 1, 2000 0-42 ...... (869–042–00098–6) ...... 43.00 July 1, 2000 400–424 ...... (869–042–00154–1) ...... 37.00 July 1, 2000 43-end ...... (869-042-00099-4) ...... 36.00 July 1, 2000 425–699 ...... (869–042–00155–9) ...... 48.00 July 1, 2000 29 Parts: 700–789 ...... (869–042–00156–7) ...... 46.00 July 1, 2000 0–99 ...... (869–042–00100–1) ...... 33.00 July 1, 2000 790–End ...... (869–042–00157–5) ...... 23.00 6July 1, 2000 100–499 ...... (869–042–00101–0) ...... 14.00 July 1, 2000 41 Chapters: 500–899 ...... (869–042–00102–8) ...... 47.00 July 1, 2000 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–042–00103–6) ...... 24.00 July 1, 2000 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1900 to 3–6 ...... 14.00 3 July 1, 1984 6 1910.999) ...... (869–042–00104–4) ...... 46.00 July 1, 2000 7 ...... 6.00 3 July 1, 1984 1910 (§§ 1910.1000 to 8 ...... 4.50 3 July 1, 1984 6 end) ...... (869–042–00105–2) ...... 28.00 July 1, 2000 9 ...... 13.00 3 July 1, 1984 1911–1925 ...... (869–042–00106–1) ...... 20.00 July 1, 2000 10–17 ...... 9.50 3 July 1, 1984 6 1926 ...... (869–042–00107–9) ...... 30.00 July 1, 2000 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 1927–End ...... (869–042–00108–7) ...... 49.00 July 1, 2000 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 30 Parts: 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 1–199 ...... (869–042–00109–5) ...... 38.00 July 1, 2000 19–100 ...... 13.00 3 July 1, 1984 200–699 ...... (869–042–00110–9) ...... 33.00 July 1, 2000 1–100 ...... (869–042–00158–3) ...... 15.00 July 1, 2000 700–End ...... (869–042–00111–7) ...... 39.00 July 1, 2000 101 ...... (869–042–00159–1) ...... 37.00 July 1, 2000 102–200 ...... (869–042–00160–5) ...... 21.00 July 1, 2000 31 Parts: 201–End ...... (869–042–00161–3) ...... 16.00 July 1, 2000 0–199 ...... (869–042–00112–5) ...... 23.00 July 1, 2000 200–End ...... (869–042–00113–3) ...... 53.00 July 1, 2000 42 Parts: 1–399 ...... (869–042–00162–1) ...... 53.00 Oct. 1, 2000 32 Parts: 400–429 ...... (869–042–00163–0) ...... 55.00 Oct. 1, 2000 1–39, Vol. I ...... 15.00 2 July 1, 1984 430–End ...... (869–042–00164–8) ...... 57.00 Oct. 1, 2000 1–39, Vol. II ...... 19.00 2 July 1, 1984 1–39, Vol. III ...... 18.00 2 July 1, 1984 43 Parts: 1–190 ...... (869–042–00114–1) ...... 51.00 July 1, 2000 1–999 ...... (869–042–00165–6) ...... 45.00 Oct. 1, 2000 191–399 ...... (869–042–00115–0) ...... 62.00 July 1, 2000 1000–end ...... (869–042–00166–4) ...... 55.00 Oct. 1, 2000 400–629 ...... (869–042–00116–8) ...... 35.00 July 1, 2000 44 ...... (869–042–00167–2) ...... 45.00 Oct. 1, 2000 630–699 ...... (869–042–00117–6) ...... 25.00 July 1, 2000 700–799 ...... (869–042–00118–4) ...... 31.00 July 1, 2000 45 Parts: 800–End ...... (869–042–00119–2) ...... 32.00 July 1, 2000 1–199 ...... (869–042–00168–1) ...... 50.00 Oct. 1, 2000 200–499 ...... (869–042–00169–9) ...... 29.00 Oct. 1, 2000 33 Parts: 500–1199 ...... (869–042–00170–2) ...... 45.00 Oct. 1, 2000 1–124 ...... (869–042–00120–6) ...... 35.00 July 1, 2000 1200–End ...... (869–042–00171–1) ...... 54.00 Oct. 1, 2000 125–199 ...... (869–042–00121–4) ...... 45.00 July 1, 2000 200–End ...... (869–042–00122–5) ...... 36.00 July 1, 2000 46 Parts: 1–40 ...... (869–042–00172–9) ...... 42.00 Oct. 1, 2000 34 Parts: 41–69 ...... (869–042–00173–7) ...... 34.00 Oct. 1, 2000 1–299 ...... (869–042–00123–1) ...... 31.00 July 1, 2000 70–89 ...... (869–042–00174–5) ...... 13.00 Oct. 1, 2000 300–399 ...... (869–042–00124–9) ...... 28.00 July 1, 2000 90–139 ...... (869–042–00175–3) ...... 41.00 Oct. 1, 2000 400–End ...... (869–042–00125–7) ...... 54.00 July 1, 2000 140–155 ...... (869–042–00176–1) ...... 23.00 Oct. 1, 2000 35 ...... (869–042–00126–5) ...... 10.00 July 1, 2000 156–165 ...... (869–042–00177–0) ...... 31.00 Oct. 1, 2000 166–199 ...... (869–042–00178–8) ...... 42.00 Oct. 1, 2000 36 Parts 200–499 ...... (869–042–00179–6) ...... 36.00 Oct. 1, 2000 1–199 ...... (869–042–00127–3) ...... 24.00 July 1, 2000 500–End ...... (869–042–00180–0) ...... 23.00 Oct. 1, 2000 200–299 ...... (869–042–00128–1) ...... 24.00 July 1, 2000 300–End ...... (869–042–00129–0) ...... 43.00 July 1, 2000 47 Parts: 0–19 ...... (869–042–00181–8) ...... 54.00 Oct. 1, 2000 37 (869–042–00130–3) ...... 32.00 July 1, 2000 20–39 ...... (869–042–00182–6) ...... 41.00 Oct. 1, 2000 38 Parts: 40–69 ...... (869–042–00183–4) ...... 41.00 Oct. 1, 2000 0–17 ...... (869–042–00131–1) ...... 40.00 July 1, 2000 70–79 ...... (869–042–00184–2) ...... 54.00 Oct. 1, 2000 18–End ...... (869–042–00132–0) ...... 47.00 July 1, 2000 80–End ...... (869–042–00185–1) ...... 54.00 Oct. 1, 2000 39 ...... (869–042–00133–8) ...... 28.00 July 1, 2000 48 Chapters: 1 (Parts 1–51) ...... (869–042–00186–9) ...... 57.00 Oct. 1, 2000 40 Parts: 1 (Parts 52–99) ...... (869–042–00187–7) ...... 45.00 Oct. 1, 2000 1–49 ...... (869–042–00134–6) ...... 37.00 July 1, 2000 2 (Parts 201–299) ...... (869–042–00188–5) ...... 53.00 Oct. 1, 2000 50–51 ...... (869–042–00135–4) ...... 28.00 July 1, 2000 3–6 ...... (869–042–00189–3) ...... 40.00 Oct. 1, 2000 52 (52.01–52.1018) ...... (869–042–00136–2) ...... 36.00 July 1, 2000 7–14 ...... (869–042–00190–7) ...... 52.00 Oct. 1, 2000 52 (52.1019–End) ...... (869–042–00137–1) ...... 44.00 July 1, 2000 15–28 ...... (869–042–00191–5) ...... 53.00 Oct. 1, 2000 53–59 ...... (869–042–00138–9) ...... 21.00 July 1, 2000 29–End ...... (869–042–00192–3) ...... 38.00 Oct. 1, 2000 60 ...... (869–042–00139–7) ...... 66.00 July 1, 2000 61–62 ...... (869–042–00140–1) ...... 23.00 July 1, 2000 49 Parts: 63 (63.1–63.1119) ...... (869–042–00141–9) ...... 66.00 July 1, 2000 1–99 ...... (869–042–00193–1) ...... 53.00 Oct. 1, 2000 63 (63.1200–End) ...... (869–042–00142–7) ...... 49.00 July 1, 2000 100–185 ...... (869–042–00194–0) ...... 57.00 Oct. 1, 2000 64–71 ...... (869–042–00143–5) ...... 12.00 July 1, 2000 186–199 ...... (869–042–00195–8) ...... 17.00 Oct. 1, 2000 72–80 ...... (869–042–00144–3) ...... 47.00 July 1, 2000 200–399 ...... (869–042–00196–6) ...... 57.00 Oct. 1, 2000 81–85 ...... (869–042–00145–1) ...... 36.00 July 1, 2000 400–999 ...... (869–042–00197–4) ...... 58.00 Oct. 1, 2000 86 ...... (869–042–00146–0) ...... 66.00 July 1, 2000 1000–1199 ...... (869–042–00198–2) ...... 25.00 Oct. 1, 2000 87-135 ...... (869–042–00146–8) ...... 66.00 July 1, 2000 1200–End ...... (869–042–00199–1) ...... 21.00 Oct. 1, 2000 136–149 ...... (869–042–00148–6) ...... 42.00 July 1, 2000 50 Parts: 150–189 ...... (869–042–00149–4) ...... 38.00 July 1, 2000 1–199 ...... (869–042–00200–8) ...... 55.00 Oct. 1, 2000 190–259 ...... (869–042–00150–8) ...... 25.00 July 1, 2000 200–599 ...... (869–042–00201–6) ...... 35.00 Oct. 1, 2000 VerDate 11-MAY-2000 19:21 Mar 23, 2001 Jkt 194001 PO 00000 Frm 00002 Fmt 4721 Sfmt 4721 E:\FR\FM\26MRCL.LOC pfrm11 PsN: 26MRCL viii Federal Register / Vol. 66, No. 58 / Monday, March 26, 2001 / Reader Aids Title Stock Number Price Revision Date 600–End ...... (869–042–00202–4) ...... 55.00 Oct. 1, 2000 CFR Index and Findings Aids ...... (869–042–00047–1) ...... 53.00 Jan. 1, 2000 Complete 2000 CFR set ...... 1,094.00 2000 Microfiche CFR Edition: Subscription (mailed as issued) ...... 290.00 1999 Individual copies ...... 1.00 1999 Complete set (one-time mailing) ...... 247.00 1997 Complete set (one-time mailing) ...... 264.00 1996 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2000, through January 1, 2001. The CFR volume issued as of January 1, 2000 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 1999, through April 1, 2000. The CFR volume issued as of April 1, 1999 should be retained. 6 No amendments to this volume were promulgated during the period July 1, 1999, through July 1, 2000. The CFR volume issued as of July 1, 1999 should be retained.. 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