8–27–02 Tuesday Vol. 67 No. 166 Aug. 27, 2002 Pages 54941–55100

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1 II Federal Register / Vol. 67, No. 166 / Tuesday, August 27, 2002

The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 202–512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 202–512–1800 Federal agencies. 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2 III

Contents Federal Register Vol. 67, No. 166

Tuesday, August 27, 2002

Agency for Healthcare Research and Quality Consumer Product Safety Commission NOTICES NOTICES Meetings: Agency information collection activities: Technical Review Committee, 55017 Submission for OMB review; comment request, 55005

Agency for International Development Defense Department NOTICES RULES Reports and guidance documents; availability, etc.: Acquisition regulations: Cooperating Sponsor Results Report and Resource Prototype projects; transactions other than contracts, Request (2004 FY); Title II guidelines, 54996 grants, or cooperative agreements, 54955–54957

Agriculture Department Education Department See Animal and Plant Health Inspection Service NOTICES See Forest Service Agency information collection activities: See Natural Resources Conservation Service Submission for OMB review; comment request, 55005– 55006 Animal and Plant Health Inspection Service PROPOSED RULES Energy Department Plant pests: See Federal Energy Regulatory Commission Redelivery of cargo for inspection, 54976 NOTICES Grants and cooperative agreements; availability, etc.: Architectural and Transportation Barriers Compliance Chemical and petroleum industry technologies; Board installation and field-testing, 55006 NOTICES Meetings: Reports and guidance documents; availability, etc.: Environmental Management Site-Specific Advisory Information disseminated by Federal agencies; quality, Board— objectivity, utility, and integrity guidelines, 55000 Oak Ridge Reservation, TN, 55006–55007

Arts and Humanities, National Foundation Environmental Protection Agency See National Foundation on the Arts and the Humanities RULES Air quality implementation plans; approval and Census Bureau promulgation; various States: Arizona, 54957–54959 RULES California, 54963–54965 Document certification process, 54950–54952 Missouri, 54959–54963, 54965–54967 PROPOSED RULES Centers for Disease Control and Prevention Air quality implementation plans; approval and NOTICES promulgation; various States: Grant and cooperative agreement awards: Arizona, 54992 South Africa Medical Research Council, 55017–55018 Missouri, 54992–54993 NOTICES Centers for Medicare & Medicaid Services Confidential business information and data transfer, 55011– NOTICES 55012 Agency information collection activities: Reports and guidance documents; availability, etc.: Reporting and recordkeeping requirements, 55018–55020 Effluent guidelines program plan (2002-2003), 55012– 55014 Coast Guard Toxic and hazardous substances control: PROPOSED RULES New chemicals— Ports and waterways safety: Test marketing exemption approvals, 55014–55015 Strait of Juan de Fuca and adjacent waters, WA; traffic separation schemes, 54981–54992 Executive Office of the President See Management and Budget Office Commerce Department See Census Bureau Export-Import Bank See Industry and Security Bureau NOTICES See International Trade Administration Meetings: Renewable Energy Exports Advisory Committee, 55015 Committee for the Implementation of Textile Agreements NOTICES Farm Credit Administration Cotton, wool, and man-made textiles: NOTICES Phillippines, 55004 Meetings; Sunshine Act, 55015

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Federal Aviation Administration Grants and cooperative agreements; availability, etc.: RULES Orphan drug products; safety and effectiveness; clinical Air carrier certification and operations: studies, 55020–55024 Aircraft ground deicing and anti-icing program and Meetings: training and checking in ground icing conditions, Blood Products Advisory Committee, 55024 54946–54950 Oncologic Drugs Advisory Committee, 55024–55025 PROPOSED RULES Reports and guidance documents; availability, etc.: Class D airspace, 54976–54977 Clinical Holds Use Following Clinical Investigator Class E airspace, 54977–54978 Misconduct, 55025–55026 Commercial space transportation: Launch licensing and safety requirements, 54978–54979 Forest Service NOTICES NOTICES Exemption petitions; summary and disposition, 55059 Environmental statements; notice of intent: Meetings: White River National Forest, CO, 54996–54998 Research, Engineering, and Development Advisory Meetings: Committee, 55059–55060 Resource Advisory Committees— Tehama County, 54998–54999 Federal Election Commission NOTICES Health and Human Services Department Meetings; Sunshine Act, 55016 See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention Federal Energy Regulatory Commission See Centers for Medicare & Medicaid Services NOTICES See Food and Drug Administration Agency information collection activities: See Health Resources and Services Administration Submission for OMB review; comment request, 55007– See National Institutes of Health 55008 See Substance Abuse and Mental Health Services Hydroelectric applications, 55009–55011 Administration Meetings: NOTICES MISO-SPP tariff convergence technical conference; FERC Meetings: staff participation, 55011 Regulatory Reform Advisory Committee, Secretary’s, Applications, hearings, determinations, etc.: 55016–55017 GWF Energy LLC et al., 55009 Iroquois Gas Transmission System, 55009 Health Resources and Services Administration Occidental Chemical Corp. et al., 55009 NOTICES Grants and cooperative agreements; availability, etc.: Federal Highway Administration HIV/AIDS peer education program— NOTICES Peer Educator Training Sites and Resource and Environmental statements; notice of intent: Evaluation Center, 55026 Scott County, MN, 55060 Housing and Urban Development Department Federal Reserve System NOTICES NOTICES Agency information collection activities: Banks and bank holding companies: Submission for OMB review; comment request, 55032– Formations, acquisitions, and mergers, 55016 55033 Formations, acquisitions, and mergers; correction, 55016 Meetings; Sunshine Act, 55016 Immigration and Naturalization Service RULES Fish and Wildlife Service Nonimmigrant classes: RULES Mexican or Canadian nationals; F and M nonimmigrant Endangered and threatened species: students in border communities; reduced course Robbins’ cinquefoil, 54968–54975 load, 54941–54946 PROPOSED RULES Endangered and threatened species: Industry and Security Bureau Critical habitat designations— RULES Bexar County, TX, karst-dwelling invertebrate species, Export administration regulations: 55063–55099 Denied Persons List, 54952–54953 NOTICES Comprehensive conservation plans; availability, etc.: Interior Department Hanford Reach National Monument/Saddle Mountain See Fish and Wildlife Service National Wildlife Refuge, WA; open houses, etc., See Land Management Bureau 55033 See Surface Mining Reclamation and Enforcement Office Food and Drug Administration International Trade Administration RULES NOTICES Animal drugs, feeds, and related products: Antidumping: Clindamycin, 54954–54955 Frozen fish fillets from— NOTICES Vietnam, 55003 Agency information collection activities: Antidumping and countervailing duties: Reporting and recordkeeping requirements, 55020 Administrative review requests, 55000–55003

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Justice Department Exelon Generation Co., LLC, 55041–55043 See Immigration and Naturalization Service Nuclear Fuel Services, Inc., 55043–55045 Labor Department See Occupational Safety and Health Administration Occupational Safety and Health Administration See Pension and Welfare Benefits Administration NOTICES NOTICES Agency information collection activities: Committees; establishment, renewal, termination, etc.: Proposed collection; comment request, 55034–55036 Employee Welfare and Pension Benefit Plans Advisory Council, 55034 Office of Management and Budget See Management and Budget Office Land Management Bureau NOTICES Meetings: Pension and Welfare Benefits Administration Resource Advisory Councils— NOTICES Northeast California, 55033 Meetings: Survey plat filings: Employee Welfare and Pension Benefit Plans Advisory Wisconsin, 55034 Council, 55036–55038

Management and Budget Office Public Health Service NOTICES See Agency for Healthcare Research and Quality Balanced Budget and Emergency Deficit Control See Centers for Disease Control and Prevention Reaffirmation Act (Gramm-Rudman-Hollings): See Food and Drug Administration Sequestration update report for 2003 FY; transmittal to See Health Resources and Services Administration President and Congress, 55045–55046 See National Institutes of Health National Foundation on the Arts and the Humanities See Substance Abuse and Mental Health Services NOTICES Administration Meetings: Fellowships Advisory Panel, 55038 Research and Special Programs Administration Leadership Initiatives Advisory Panel, 55038 RULES Hazardous materials: National Institutes of Health Infectious substances transportation requirements; NOTICES standards revision Meetings: Correction, 54967 National Cancer Institute, 55026 NOTICES National Institute of Allergy and Infectious Diseases, Hazardous materials: 55026 Applications; exemptions, renewals, etc., 55060–55061 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 55029–55030 National Institute of Child Health and Human Securities and Exchange Commission Development, 55028–55029 NOTICES National Institute of Nursing Research, 55027 Investment Company Act of 1940: National Institute on Deafness and Other Communication Exemption applications— Disorders, 55027–55028 National Equity Trust et al., 55046–55048 National Institute on Drug Abuse, 55027–55030 Meetings; Sunshine Act, 55048 Scientific Review Center, 55030 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 55048–55050 National Science Foundation Depository Trust Co., 55050–55051 PROPOSED RULES National Securities Clearing Corp., 55051–55054 Antarctic Science, Tourism, and Conservation Act of 1996; Pacific Exchange, Inc., 55054–55056 implementation: Applications, hearings, determinations, etc.: Antarctic meteorites, 54993–54995 Public utility holding company filings, 55046

Natural Resources Conservation Service State Department NOTICES NOTICES Environmental statements; availability, etc.: Committees; establishment, renewal, termination, etc.: East Fork Above Lavon Watershed of Trinity River Eastern Europe and Independent States of Former Soviet Watershed, TX, 54999 Union Study Advisory Committee, 55056 Twin Parks Watershed, WI, 54999 Grant and cooperative agreement awards: Nuclear Regulatory Commission American Council of Learned Societies et al., 55056– NOTICES 55057 Agency information collection activities: Submission for OMB review; comment request, 55038– Substance Abuse and Mental Health Services 55039 Administration Meetings; Sunshine Act, 55045 NOTICES Applications, hearings, determinations, etc.: Agency information collection activities: BWX Technologies, Inc., 55039–55040 Proposed collection; comment request, 55030–55032

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Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation Separate Parts In This Issue plan submissions: Oklahoma, 54979–54981 Part II Textile Agreements Implementation Committee Interior Department, Fish and Wildlife Service, 55063– See Committee for the Implementation of Textile 55099 Agreements Transportation Department See Coast Guard Reader Aids See Federal Aviation Administration Consult the Reader Aids section at the end of this issue for See Federal Highway Administration phone numbers, online resources, finding aids, reminders, See Research and Special Programs Administration and notice of recently enacted public laws. NOTICES Aviation proceedings: To subscribe to the Federal Register Table of Contents Hearings, etc.— LISTSERV electronic mailing list, go to http:// BNJ Charter Co., L.L.C., 55057 listserv.access.gpo.gov and select Online mailing list Senior Executive Service: archives, FEDREGTOC-L, Join or leave the list (or change Performance Review Boards; membership, 55057–55058 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

7 CFR Proposed Rules: 330...... 54976 8 CFR 214...... 54941 14 CFR 121...... 54946 125...... 54946 135...... 54946 Proposed Rules: 71 (2 documents) ...... 54976, 54977 413...... 54978 415...... 54978 417...... 54978 15 CFR 50...... 54950 732...... 54952 736...... 54952 758...... 54952 764...... 54952 766...... 54952 772...... 54952 21 CFR 520...... 54954 30 CFR Proposed Rules: 936...... 54979 32 CFR 3...... 54955 33 CFR Proposed Rules: 167...... 54981 40 CFR 52 (5 documents) ...... 54957, 54959, 54961, 54963, 54965 Proposed Rules: 52 (4 documents) ...... 54992, 54993 45 CFR Proposed Rules: 674...... 54993 49 CFR 171...... 54967 172...... 54967 173...... 54967 177...... 54967 178...... 54967 50 CFR 17...... 54968 Proposed Rules: 17...... 55064

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Rules and Regulations Federal Register Vol. 67, No. 166

Tuesday, August 27, 2002

This section of the FEDERAL REGISTER electronically routed to the appropriate age of 21) of an M–1 nonimmigrant contains regulatory documents having general office for review. Comments may be alien. applicability and legal effect, most of which inspected at the above address by Why Is the Service Promulgating This are keyed to and codified in the Code of calling (202) 514–3048 to arrange for an Rule? Federal Regulations, which is published under appointment. 50 titles pursuant to 44 U.S.C. 1510. Recognizing the unique nature of FOR FURTHER INFORMATION CONTACT: border communities and the need to The Code of Federal Regulations is sold by Maura Deadrick, Adjudications the Superintendent of Documents. Prices of serve the educational interests of Division, Immigration and students living on both sides of the new books are listed in the first FEDERAL Naturalization Service, 425 I Street NW., REGISTER issue of each week. U.S./Canada and U.S./Mexico borders, Room 3040, Washington, DC 20536, this rule expands the circumstances telephone (202) 514–3228. under which a border commuter student DEPARTMENT OF JUSTICE SUPPLEMENTARY INFORMATION: who is a national of Canada or Mexico Who Are F and M Nonimmigrants? may be admitted as an F–1 or M–1 Immigration and Naturalization Service nonimmigrant alien to engage in a full The Immigration and Nationality Act course of study, albeit with a reduced 8 CFR Part 214 (Act) provides for the admission of course load. [INS No. 2220–02] various classifications of nonimmigrant Historically, the Service has not aliens who are foreign nationals having officially sanctioned such part-time RIN 1115–AG75 a residence in a foreign country which study for border commuter students. they have no intention of abandoning, First, the statutory definition of the B Reduced Course Load for Certain F and who are seeking temporary nonimmigrant visitor classification, in and M Nonimmigrant Students in admission to the United States. The section 101(a)(15)(B) of the Act, Border Communities purpose of the nonimmigrant alien’s precludes admission of an individual AGENCY: Immigration and Naturalization intended stay in the United States coming to the United States to study. Service, Justice. determines his or her proper Moreover, the Service has always interpreted the statutory definitions of ACTION: Interim rule with request for nonimmigrant classification. the F and M classifications, relating to comments. F–1 nonimmigrant aliens, as defined in section 101(a)(15)(F) of the Act, are students pursuing a full course of study, SUMMARY: This rule amends the foreign students who have been to require enrollment on a full-time Immigration and Naturalization Service admitted to the United States to pursue basis as defined in the regulations, (Service) regulations governing F and M a full course of study in a college, which did not cover part-time border nonimmigrants. This rule will clarify university, seminary, conservatory, commuter students. that Mexican or Canadian nationals who academic high school, private However, this regulatory scheme has reside outside the United States and elementary school, other academic aligned poorly with the realities of the regularly commute across a land border institution, or language training program border communities, effectively creating a ‘‘Catch-22’’ situation for bona fide to study may do so on a part-time basis in the United States that has been part-time border commuter students. within the F or M nonimmigrant approved by the Service to enroll This has resulted in uneven application category. These changes are being made foreign students. For the purposes of of this policy on the border. In fact, it to facilitate and legitimize certain part- this rule, the term ‘‘school’’ refers to all has become commonplace for aliens time study along border communities of these types of Service-approved residing in Canada or Mexico to enroll while ensuring that all applicable institutions. requirements and safeguards are met. part-time in border institutions and An F–2 nonimmigrant alien is a enter the United States as visitors on a DATES: Effective date: This interim rule foreign national who has been admitted daily basis to pursue part-time study. is effective August 27, 2002. to the United States as the spouse or The response to the terrorist attacks of Comment date: Written comments qualifying child (under the age of 21) of September 11, 2001, has resulted in must be submitted on or before October an F–1 nonimmigrant alien. increased scrutiny at ports-of-entry and 28, 2002. M–1 nonimmigrant aliens, as defined in renewed focus on the integrity of our ADDRESSES: Please submit written in section 101(a)(15)(M) of the Act, are immigration system. There has been comments to the Director, Regulations foreign nationals who have been particular attention to the proper use of and Forms Services Division, admitted to the United States to pursue the B visitor classification. When the Immigration and Naturalization Service, a full course of study at a Service- principal purpose for entering the 425 I Street, NW., Room 4034, approved vocational school or other United States is to attend school, the Washington, DC 20536. To ensure recognized nonacademic institution immigration laws intend that aliens be proper handling, please reference INS (other than in language training classified as nonimmigrant students, not No. 2220–02 on your correspondence. programs) in the United States. The as B visitors for business or pleasure. Comments may also be submitted term ‘‘school’’ for the purposes of this Therefore, the purpose of this rule is electronically to the Service at interim rule also encompasses all to recognize the special relationship [email protected]. When submitting institutions approved for attendance by between the United States and its comments electronically, you must M–1 students. An M–2 nonimmigrant neighbors and to legitimize such study include INS No. 2220–02 in the subject alien is a foreign national who is the by border commuter students, while heading so that the comments can be spouse or qualifying child (under the placing it within a regulated, controlled

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process. As nonimmigrant students, authorize a student to engage in a regulating the flow of Canadian and they will be authorized to attend only reduced course load under certain Mexican nationals across our borders. schools approved by the Service to circumstances while still maintaining For example, under section 101(a)(6) of accept foreign students. A border status as a student enrolled in a ‘‘full the Act, provision is made for border commuter student is subject to all course of study’’. The school’s crossing cards to be issued to aliens requirements applicable to the F or M designated school official (DSO) may resident in foreign contiguous territory nonimmigrant classification and will be approve a reduced course load due to in order to facilitate the lawful crossing processed through the existing initial difficulties with the English of our borders. framework for these classifications. This language or reading requirements, Although there is no border crossing includes, among other things, obtaining unfamiliarity with American teaching card currently issued to Canadian the appropriate Form I–20, Certificate of methods, or improper course level nationals, the Service, together with the Eligibility for Nonimmigrant Student placement, or because of illness or Department of State, has implemented Status, and obtaining the appropriate medical reasons. procedures to issue border crossing visa, unless exempt. The schools will be Moreover, there is another context in cards to Mexican nationals consistent required to comply with the same which the Service has authorized DSOs with the Act as amended by section 104 reporting and recordkeeping to approve a reduced course load in of the Illegal Immigration Reform and requirements for these part-time border special circumstances for students who Immigrant Responsibility Act of 1996 commuter students as for full-time F–1 still wish to pursue a full course of (IIRIRA), Public Law 104–208, Div. C or M–1 students. study. In 1998, several Asian countries (Sept. 30, 1996) and section 601 of the This rule will prevent the significant experienced a severe devaluation of Enhanced Border Security and Visa disruption of part-time study that has their currencies, which caused a Entry Reform Act of 2002, Public Law become an accepted fact of life along the hardship upon nonimmigrant students 107–173 (May 14, 2002). Mexican border and a settled expectation. For in the United States dependent on nationals presenting a valid, unexpired example, it is reported that the El Paso currency from those countries for Border Crossing Card may be admitted Community College has an enrollment support. In response, the Service to the United States without other of some 2,400 part-time border amended its regulations, 8 CFR documentation for a period not to commuter students, who generate 214.2(f)(6)(i)(F), allowing the exceed 72 hours to visit within 25 miles approximately $700,000 in tuition. The Commissioner to publish a Federal of the border, or in the case of visits to loss of these students would cause the Register notice authorizing affected F–1 certain areas in the State of Arizona, school, and other similarly-situated aliens to accept employment in excess within 75 miles of the border. See 8 CFR schools, to lose state funding based on of the ordinary 20-hour per week 235.1(f)(1)(iii) and (f)(1)(v). enrollment levels, thus affecting all of maximum, in cases of severe economic Another example, section 212(d)(4)(B) the remaining students. In Detroit, it is hardship, and to drop below the usual of the Act authorizes the Attorney reported that Wayne State University course load in order to pursue the General and the Secretary of State, on stands to lose approximately 500 additional employment. the basis of reciprocity, to waive the students and $1 million in fees and This rule adds an additional provision passport and visa requirements of tuition. Media reports show that permitting certain border commuter nationals of foreign contiguous territory enrollment in the University of Texas at students to enroll in an approved school and adjacent islands. Brownsville’s English language program with a lesser course load than is The special relationship between the dropped 50% over the summer, costing otherwise required for F and M United States and its border neighbors the institution $150,000. In Washington students, on account of their unique is also reflected in the special State, media reports state that educational circumstances. Specifically, procedures contained in the North Bellingham Technical College stands to for a nonimmigrant alien who meets all American Free Trade Agreement lose $100,000 in tuition this year. other requirements applicable to the F (NAFTA) and codified under section Niagara University in Lewiston, New or M classification and who is 214(e) of the Act. York, reportedly stands to lose $250,000 commuting to a school in the United Administratively, the Service has in tuition revenue, and D’Youville States within 75 miles of the border, the regulated the special circumstances of College in Buffalo could lose up to school’s DSO may approve the student’s frequent border crossers and made $900,000 in the next year. These are attendance with a course load below allowance for the peculiarities of daily only a few examples of the extent to that otherwise required under the life in border communities. In addition which the practice of part-time study by general rules. However, the student to regulatory provisions controlling the commuter students is woven into life on must still be enrolled in a ‘‘full course unique documentary requirements for the border. of study’’ at the school, that is, a course admission of Canadian and Mexican of study that leads to the attainment of nationals found at 8 CFR 212.1 and How Does the Service Define a ‘‘Full a specific educational, professional, or 212.6, the Service has established Course of Study’’ for Border Commuter vocational objective, as prescribed in automated inspection services to Students? the introductory language in provide access to the United States for As noted, the statutory definitions of § 214.2(f)(6)(i) and (m)(9)(i), although at a group of identified, low-risk border the F–1 and M–1 classifications relate to a reduced course load for each semester crossers. See 8 CFR 235.7. Other foreign students coming to the United or term. examples address circumstances States temporarily and solely for the surrounding temporary workers to the purpose of pursuing a full course of Why Is This Change Only Applicable to United States such as the regulatory study at an approved school. The Border Commuters? provision found at 8 CFR Service’s current regulations at 8 CFR This reflects the special and unique 214.2(l)(12)(ii). This provision, 214.2(f)(6) and (m)(9) set forth specific relationship the United States shares commonly known as the ‘‘commuter L– requirements for defining a ‘‘full course with its bordering neighbors and is 1,’’ recognizes the exception to statutory of study’’ in various contexts. consistent with the numerous statutory limits on the period of stay for However, the regulations at 8 CFR and regulatory provisions that intracompany transferees who reside 214.2(f)(6)(iii) also permit a school to accommodate the special demands in outside the United States and regularly

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commute to engage in part-time of study for border commuter students. authorized for a particular student. employment in this country. Another To be eligible to be authorized by a SEVIS will enable the Service to provide special provision in the regulations for school’s DSO based on the border more efficient oversight of this special L nonimmigrants (intracompany commuter student provision, the alien authority for border commuter students transferees), 8 CFR 214.2(l)(17), allows must be: to enroll at an approved school with a Canadian citizens to file the employer’s • A national of Canada or Mexico reduced course load. petition for L classification at the time who maintains an actual residence and Will Border Commuter Students Be of applying for admission at the port-of- place of abode in the alien’s country of Authorized for On-Campus entry, rather than having to obtain nationality; Employment or Practical Training? approval of the petition in advance from • Attending a school located within a Service Center. Also, for nearly 20 75 miles of the border; Under this rule, Canadian or Mexican years, the Service and the Department of • Registered as a border commuter nationals approved as F–1 border Labor have authorized exceptions for student; and commuter students for a part-time Canadian musicians entering under the • Matriculating in a full course of course load may only be authorized to H–2B temporary worker program. These study, albeit on a part-time basis. accept employment in a curricular musicians, if entering the United States practical training program or a post- This interim rule also adds a new completion optional practical training to perform within 50 miles of the U.S. provision, 8 CFR 214.2(f)(18)(iii), to Canada border, are pre-certified by the program, using existing authorization place in effect the reasonable limitation procedures. The regulatory provisions Secretary of Labor. that border commuter students This rule is necessary to take account governing curricular and post- attending an approved school on a part- of the unique educational situation of completion optional practical training time basis as F–1 students will be bona fide commuter students seeking to are contained at 8 CFR 214.2(f)(10)(i) admitted for a fixed admission period attend United States schools along the and(f)(10)(ii)(A)(3), respectively. In the for each semester, quarter, or term. U.S./Canada and U.S./Mexico borders. case of an M–1 border commuter The Service understands that certain Under current regulations, only M–1 student, employment will only be border states have undertaken measures students are admitted for a fixed period authorized as provided for practical to facilitate attendance by Mexican and of admission, while full-time F–1 training as provided in existing 8 CFR Canadian nationals. student are admitted for ‘‘duration of 214.2(m)(14). Border commuter students The Service will restrict application status’’, as provided in 8 CFR 214.2(f)(5) admitted to pursue a course of study on of this provision to schools located and (f)(7), while the student pursues a a part-time basis under this rule will not within 75 miles of the U.S. border. The full course of study or authorized be approved for any other employment Service believes this 75-mile zone is practical training. By setting a fixed in the United States (whether on- consistent with the general commuter period of admission for F–1 border campus or off-campus) in connection travel provisions and will accommodate commuter students that reflects the with their F or M student status. the needs of students and institutions. current semester or quarter of the The Service believes this position is Since 1953, Mexico and the United school’s academic calendar, the Service appropriate for several reasons. First, States have agreed to make special will be able to maintain greater control student employment (unrelated to accommodations for Mexican nationals and oversight to ensure that the student training) often serves to help students who cross the border into the immediate does in fact remain a border commuter meet living expenses while they are border area to promote the economic student. The school’s DSO will be away from their home country and stability of the region, and the United required to specify on the Form I–20 the living in the United States, and that States and Canada have a longstanding term-by-term completion date, and a rationale does not apply to border accommodation for citizens to cross the new Form I–20 will be required for each commuter students. Also, although on- common border without requiring new quarter or semester that the campus employment pursuant to a passports or visas. The Service therefore commuter student attends at the school. fellowship or scholarship would believes this 75-mile zone, which is the Conforming amendments to paragraphs normally be available to an F–1 student, maximum distance currently allowed (f)(1)(i), (f)(5)(i), and (f)(7)(i) of § 214.2 a part-time border commuter student is, for Mexican nationals entering the further clarify that border commuter by definition, not in the same situation immediate border area, pursuant to 8 students will be admitted for a fixed as other F–1 students. The purpose of CFR 235.1(f)(1)(v), is consistent with the period rather than for duration of status. the F–1 and M–1 classification is many border accommodations This rule also clarifies in completion of an educational objective, established over time and will meet the § 214.2(m)(19)(iii) that the provision in and the categories of work authorization needs of students and institutions. The § 214.2(m)(5), allowing an additional 30- allowed by this rule are closely related Service does not believe a larger zone is day period in which to depart the to that objective. For this reason, this warranted to address the problem. United States following the completion rule retains the eligibility for non- Canadian or Mexican nationals of an M–1 student’s course of study (in resident border commuter students to enrolling at a school outside this 75- order to make final arrangements before engage in curricular practical training mile zone, or who maintain a residence departure), does not apply to border programs and post-completion optional in the United States in connection with commuter students. practical training programs, but not in their attendance at any approved school, The Service notes that, in a separate other types of employment in will remain subject to the established rulemaking, 67 FR 34862 (May 16, 2002) connection with their student status. rules for F or M nonimmigrants student (proposed rule), the Service is Finally, because a border commuter status. implementing section 641 of IIRIRA to student admitted under this rule is establish an information collection maintaining his or her actual place of What Changes Does This Rule Make? system for nonimmigrant alien students. abode in Canada or Mexico and, by This rule adds new provisions in the This system, the Student and Exchange definition, would not be residing in the Service’s regulations at 8 CFR Visitor Information System (SEVIS), will United States, the Service does not 214.2(f)(18) and (m)(19) to include require the DSO to report when a believe that employment in the United special provisions defining a full course reduced course load has been States is economically necessary. The

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alien would be able, of course, to find limitation, an F–1 student at a public regulated context. As noted in this rule, employment in his or her own country high school can only be admitted for an the activity sanctioned by this rule has where the student continues to reside. aggregate of 12 months of study. Section taken place on the border for some time, A border commuter student who 214(m) also requires that the alien, prior but has taken place in a classification, wishes to engage in employment in the to being issued the F–1 visa, such as the B nonimmigrant United States that is not authorized by demonstrate that he or she has classification, that is not appropriate. this rule must obtain the appropriate reimbursed the local school district for Thus, to avoid disruption it is necessary visa, or enroll as a full-time F–1 or M– the full, unsubsidized per capita cost of that this rule be designated an interim 1 student, in which case the student providing the high school education for rule. will not be governed by the limitations the period of the alien’s attendance. Therefore, the Service finds that it Also, under section 214(m) of the Act, of this rule. would be impractical and contrary to as amended by sections 625 and the public interest to adopt this rule Does This Rule Affect Canadian or 107(e)(2) of IIRIRA, a nonimmigrant with the prior notice and comment Mexican Nationals Who Are may not be accorded status as an F–1 period normally required under 5 U.S.C. Authorized To Enter and Work in the student to pursue a course of study at 553(b). U.S. Under the Provisions of NAFTA? a public elementary school or a publicly This rule simply provides a means for funded adult education program. This rule is also made effective upon certain Canadian and Mexican nationals publication in the Federal Register. who commute into the U.S. to attend Does This Rule Affect Any Other This action is necessary in order to school on a part-time basis to be able to Processes and Procedures Applicable to avoid the disruption in the enrollment obtain proper status as an F–1 or M–1 the F and M Classifications? of border community students in the nonimmigrant. No. Except for the change this rule upcoming academic term, as discussed The United States Government’s makes regarding enrollment in a full above. It will also facilitate the use of obligations under NAFTA do not course of study for border commuter this provision by the affected address students and this rule in no way students, all other requirements, communities as soon as possible after affects the rights of Canadian or processes, and procedures remain in publication. Because this rule removes a Mexican nationals to temporary entry effect. For example, a border commuter restriction and imposes no new burdens and employment in the U.S. under student may transfer between qualifying or requirements on the public, the NAFTA. Canadian or Mexican nationals institutions within the 75-mile limit Service is not required to delay the are admitted as TN nonimmigrants, or under the same rules as any other F–1 effective date of this rule for 30 days in some cases in a different work-related student. Such a student would also be under 5 U.S.C. 553(d), and concludes nonimmigrant classification under able to transfer to a school outside the that it would be contrary to the public NAFTA depending on their 75-mile limit, under the established interest to do so. circumstances. If a Canadian or Mexican procedures, but the student would not national has been already admitted to be eligible, at the new school, for the Regulatory Flexibility Act the United States in a work-related special part-time provision created by The Commissioner of the Immigration nonimmigrant classification pursuant to this rule. Similarly, a Canadian or and Naturalization Service, in NAFTA, it is permissible for them to Mexican national who is currently a accordance with the Regulatory attend school incidental to their full-time student may transfer to a Flexibility Act (5 U.S.C. 605(b)), has NAFTA-based classification, and that is qualifying school as a border commuter reviewed this regulation and, by not affected by this interim rule. student provided that he or she meets approving it, certifies that this rule will the requirements of this rule. Does This Rule Affect Canadian or not have a significant economic impact Mexican Nationals Attending School on Good Cause Exception on a substantial number of small a Full-Time Basis? The Service’s implementation of this entities. This rule allows border community students to enroll part-time No. Canadian or Mexican nationals rule as an interim rule is based on the in United States schools who accept attending school in the United States on ‘‘good cause’’ exceptions found at 5 them for admission. Although some of a full-time basis continue to be governed U.S.C. 553(b)(B) and (d)(3). The reason these border-area schools may be by the rules that apply to their and necessity for the immediate considered as small entities as that term respective classifications. A Canadian or promulgation of this rule are as follows: is defined in 5 U.S.C. 601(6), the effect Mexican national admitted to attend Adherence to the notice and comment of this rule would be to benefit those school in the United States on a full- period normally required under 5 U.S.C. schools by allowing them to continue to time basis as an F–1 or M–1 student 553(b) by promulgation of a proposed enroll certain part-time students who may seek authorization from a DSO for rule prior to an interim rule would commute into the United States to a reduced course load, but must comply cause a disruption in studies. As noted attend school. with the aspects of this rule requiring in the supplementary information to residence in Canada or Mexico, or this rule, the emphasis on the proper Unfunded Mandates Reform Act of otherwise qualify for reduced course classification for the activity affected by 1995 load under 8 CFR 214.2(f)(6)(iii). this rule has led to increased enforcement and has had the effect of This rule will not result in the Will Canadian or Mexican Nationals Be ceasing studies by affected students. In expenditure by state, local, and tribal Eligible for Nonimmigrant Student order to allow those students to governments, in the aggregate, or by the Status To Attend Public Elementary or recommence studies in a proper and private sector, of $100 million or more Secondary Schools or Publicly-Funded regulated format in time for the in any one year, and it will not Adult Education Programs? upcoming fall academic term, an significantly or uniquely affect small Section 214(m) of the Act prohibits an interim rule is necessary. governments. Therefore, no actions were F–1 student from attending a public Furthermore, this rule enhances deemed necessary under the provisions high school for more than 12 months in security and reduces risk because it of the Unfunded Mandates Reform Act the aggregate. Because of the statutory places the activity it governs in a of 1995.

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Small Business Regulatory Enforcement PART 214—NONIMMIGRANT CLASSES country of nationality, and seek Fairness Act of 1996 admission to the United States at a land 1. The authority citation for part 214 border port-of-entry. These special rules This rule is not a major rule as continues to read as follows: do not apply to a national of Canada or defined by section 804 of the Small Authority: 8 U.S.C. 1101, 1101 note, 1103, Mexico who is: Business Regulatory Enforcement Act of 1182, 1184, 1187, 1221, 1281, 1282; sec. 643, (A) Residing in the United States 1996. This rule will not result in an Pub. L. 104–208, 110 Stat. 3009–708; Pub. L. while attending an approved school as annual effect on the economy of $100 106–386, 114 Stat. 1477–1480; Section 141 of an F–1 student, or million or more; a major increase in the Compacts of Free Association with the (B) Enrolled in a full course of study costs or prices; or significant adverse Federated States of Micronesia and the as defined in paragraph (f)(6) of this effects on competition, employment, Republic of the Marshall Islands, and with section. investment, productivity, innovation, or the Government of Palau, 48 U.S.C. 1901 note, and 1931 note, respectively; 8 CFR part (ii) Full course of study. The border on the ability of United States-based 2. commuter student must be enrolled in companies to compete with foreign- 2. Section 214.2 is amended by: a full course of study at the school that based companies in domestic and a. Removing the term ‘‘for duration of leads to the attainment of a specific export markets. status’’ in paragraph (f)(1)(i) educational or professional objective, albeit on a part-time basis. A designated Executive Order 12866 introductory text; b. Adding a new sentence at the school official at the school may This rule is considered by the beginning of paragraph (f)(5)(i); authorize an eligible border commuter Department of Justice, Immigration and c. Removing the first sentence and student to enroll in a course load below Naturalization Service, to be a revising the current second sentence in that otherwise required for a full course ‘‘significant regulatory action’’ under paragraph (f)(7)(i); of study under paragraph (f)(6) of this Executive Order 12866, section 3(f), d. Adding and reserving a new section, provided that the reduced Regulatory Planning and Review. paragraph (f)(17); course load is consistent with the border Accordingly, this regulation has been e. Adding a new paragraph (f)(18); commuter student’s approved course of submitted to the Office of Management f. Adding and reserving new study. (iii) Period of admission. An F–1 and Budget (OMB) for review. paragraph (m)(18); and by g. Adding a new paragraph (m)(19). nonimmigrant student who is admitted Executive Order 13132 The revision and additions read as as a border commuter student under this follows: paragraph (f)(18) will be admitted until This rule will not have substantial a date certain. The DSO is required to direct effects on the States, on the § 214.2 Special requirements for specify a completion date on the Form relationship between the National admission, extension, and maintenance of I–20 that reflects the actual semester or Government and the States, or on the status. term dates for the commuter student’s distribution of power and * * * * * current term of study. A new Form I– responsibilities among the various (f) * * * 20 will be required for each new levels of government. Therefore, in * * * * * semester or term that the border accordance with section 6 of Executive (5) * * * commuter student attends at the school. Order 13132, it is determined that this (i) * * * Except for border commuter The provisions of paragraphs (f)(5) and rule does not have sufficient federalism students who are covered by the (f)(7) of this section, relating to duration implications to warrant the preparation provisions of paragraph (f)(18) of this of status and extension of stay, are not of a federalism summary impact section, an F–1 student is admitted for applicable to a border commuter statement. duration of status. * * * student. * * * * * (iv) Employment. A border commuter Executive Order 12988 Civil Justice (7) * * * student may not be authorized to accept Reform (i) * * * An F–1 student who is any employment in connection with his This rule meets the applicable admitted for duration of status is not or her F–1 student status, except for standards set forth in sections 3(a) and required to apply for extension of stay curricular practical training as provided 3(b)(2) of Executive Order 12988. as long as the student is maintaining in paragraph (f)(10)(i) of this section or status and making normal progress post-completion optional practical Paperwork Reduction Act toward completion of his or her training as provided in paragraph educational objective. * * * (f)(10)(ii)(A)(3) of this section. Under the Paperwork Reduction Act * * * * * of 1995, Public Law 104–13, all * * * * * (17) Reserved. (m) * * * Departments are required to submit to (18) Special rules for certain border (18) Reserved. the Office of Management and Budget commuter students. (19) Special rules for certain border (OMB) for review and approval any (i) Applicability. For purposes of the commuter students. reporting requirements inherent in a special rules in this paragraph (f)(18), (i) Applicability. For purposes of the final rule. This rule does not impose any the term ‘‘border commuter student’’ special rules in this paragraph (m)(19), new reporting or recordkeeping means a national of Canada or Mexico the term ‘‘border commuter student’’ requirements under the Paperwork who is admitted to the United States as means a national of Canada or Mexico Reduction Act. an F–1 nonimmigrant student to enroll who is admitted to the United States as List of Subjects in 8 CFR Part 214 in a full course of study, albeit on a part- an M–1 student to enroll in a full course time basis, in an approved school of study, albeit on a part-time basis, in Administrative practice and located within 75 miles of a United an approved school located within 75 procedure, Aliens, Employment, States land border. A border commuter miles of a United States land border. Reporting and recordkeeping student must maintain actual residence The border commuter student must requirements, Students. and place of abode in the student’s maintain actual residence and place of

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abode in the student’s country of interim final rules requiring deicing international conference on aircraft nationality, and seek admission to the operations in ground icing conditions. deicing/anti-icing. Because of the United States at a land border port-of- The interim final rules require part 121 urgency of the rulemaking, the FAA entry. These special rules do not apply certificate holders to develop and allowed for only a 15-day comment to a national of Canada or Mexico who comply with an FAA approved ground period. is: deicing/anti-icing program; part 125 On September 21, 1993, the FAA (A) Residing in the United States certificate holders to provide pilot published proposed requirements for while attending an approved school as testing on conducting operations in ground deicing procedures for parts 125 an M–1 student, or ground icing conditions; part 135 and 135 certificate holders (58 FR (B) Enrolled in a full course of study certificate holders to provide pilot 49164). Under the proposal when as defined in paragraph (m)(9) of this training on conducting operations in ground icing conditions exist, parts 125 section. ground icing conditions; and part 125 and 135 certificate holders would be (ii) Full course of study. The border and 135 certificate holders to check required to check their airplanes for commuter student must be enrolled in airplanes for contamination (i.e., frost, contamination prior to beginning a full course of study at the school that ice, or snow) prior to takeoff when takeoff. In addition, under the proposed leads to the attainment of a specific ground icing conditions exist. These changes to part 125, certificate holders educational or vocational objective, rules were necessary to provide an would be required to provide pilot albeit on a part-time basis. A designated added level of safety to flight operations testing on ground deicing/anti-icing school official at the school may during adverse weather conditions. The procedures, and under proposed authorize an eligible border commuter FAA invited comments on the interim changes to part 135, certificate holders student to enroll in a course load below final rules. This document responds to would be required to provide pilot that otherwise required for a full course public comments and confirms the training on ground deicing/anti-icing of study under paragraph (m)(9) of this interim final rules as final rules. This procedures. The FAA proposed the section, provided that the reduced action is part of our effort to address requirements in response to part 135 course load is consistent with the border recommendations of the Government accidents that were caused by pilots commuter student’s approved course of Accounting Office and the Management beginning takeoff with contamination study. Advisory Council by reducing the adhering to critical airplane surfaces. (iii) Period of stay. An M–1 border number of aged items in the Regulatory On September 29, 1992, the FAA commuter student is not entitled to an Agenda. published the part 121 interim rule (57 additional 30-day period of stay EFFECTIVE DATE: This action makes final FR 44924) and on December 30, 1993, otherwise available under paragraph the interim final rules and confirms the the FAA published the part 135 interim (m)(5) of this section. original effective dates. The interim rule (58 FR 69620). The FAA requested (iv) Employment. A border commuter final rule on Aircraft Ground Deicing comments on the interim final rules student may not be authorized to accept and Anti-Icing Program published at 57 because the comment periods on the any employment in connection with his FR 44924 is effective November 1, 1992. NPRMs were unusually short, and or her M–1 student status, except for The interim final rule on Training and because the FAA anticipated that the practical training as provided in Checking in Ground Icing Conditions first winter of implementation of the paragraph (m)(14) of this section. published at 58 FR 69620 is effective rules might provide additional * * * * * January 31, 1994. information supporting either the continuation or modification of the Dated: August 22, 2002. ADDRESSES: The complete docket for the interim final rules on deicing may be rules. This action is in response to those James W. Ziglar, examined at the Federal Aviation comments and confirms the interim Commissioner, Immigration and Administration, Office of the Chief final rules as final rules. Naturalization Service. Counsel, Attn: Rules Docket (AGC–200), Discussion of Comments [FR Doc. 02–21823 Filed 8–26–02; 8:45 am] Room 915–G, Docket Nos. 26930 & BILLING CODE 4410–10–P 27459, 800 Independence Ave., SW., General Washington, DC 20591, weekdays The FAA received 22 comments on (except federal holidays) between 9 a.m. the part 121 interim rule. Generally, DEPARTMENT OF TRANSPORTATION and 5 p.m. most commenters favor the FAA’s FOR FURTHER INFORMATION CONTACT: action. Several commenters address Federal Aviation Administration Daniel Meier, Air Carrier Operations specific requirements in the part 121 Branch, Federal Aviation interim rule and some recommend 14 CFR Parts 121, 125, and 135 Administration, 800 Independence changes in the rule language. [Docket Nos. 26930 & 27459] Avenue, SW., Washington, DC 20591; The most significant issues addressed telephone 202–267–3749. by commenters on the part 121 interim RIN 2120–AE70 & 2120–AF09 SUPPLEMENTARY INFORMATION: rule involve holdover times, pretakeoff checks, hard-wing aircraft, and the role Aircraft Ground Deicing and Anti-Icing Background Program & Training and Checking in of aircraft dispatchers. Additional issues Ground Icing Conditions On July 23, 1992, the FAA published addressed by commenters involve a Notice of Proposed Rulemaking (57 FR applicability, training, research, type of AGENCY: Federal Aviation 32846) that would establish fluid, alternate procedures, need for an Administration (FAA), DOT. requirements for part 121 certificate approved program, and air traffic ACTION: Final rule, confirmation of holders to develop and comply with an control. effective date, and disposition of FAA approved ground deicing/anti- The FAA received only one comment comments. icing program. The proposed rule was on the part 135 interim rule. This developed in response to a number of commenter made specific SUMMARY: On September 29, 1992, and airplane accidents caused in part by recommendations to delete paragraphs December 30, 1993, the FAA published icing and to recommendations from an from parts 125 and 135 that the

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commenter claims are inconsistent with rather more correctly as two maximums, critical surfaces, as determined in the the ‘‘Clean Aircraft concept.’’ depending on actual weather certificate holders’ program, are free of conditions.’’ Canadair states that it is frost, ice, and snow. It must be Icing Conditions not clear whether a ‘‘certificate holder’s accomplished from outside the aircraft The only comment on the part 135 program is expected to quote a single unless the approved program specifies interim rule states that paragraph (a)(1) holdover time for a specific situation or otherwise, and it must be completed of both §§ 125.221 and 135.227, which a range * * *’’ and that if a range is within five minutes before takeoff. permits takeoffs when there is frost intended, the FAA needs to clarify the A pretakeoff check is defined in adhering to the wings, or stabilizing or significance of the minimum time. § 121.629(c)(4) as a check of the controlling surfaces, if the frost has been FAA Response: The FAA agrees with aircraft’s wings or representative aircraft polished to make it smooth, is the commenters that a holdover time surfaces for frost, ice, or snow within inconsistent with the Clean Aircraft should not be used as the sole criteria the holdover time. As stated in the concept. The commenter states that if for a go/no-go decision before the preamble to the part 121 interim rule this paragraph is included in the final expiration of the holdover time. The and to be consistent with the intended rule it will allow the same type large FAA stated this in the preamble to the use of holdover timetables, certificate turbine aircraft to be operated with less interim final rule and in paragraph 8c of holders must accomplish a pretakeoff safety under parts 125 or 135 than under Advisory Circular 120–60, Ground check whenever holdover timetables are part 121. Deicing and Anti-Icing Program. In the used. Language has been added to FAA Response: While the FAA has no part 121 interim rule the FAA cautioned § 121.629(c)(3) to make it clear that a record of an unsafe operational history that the holdover timetables are for use pretakeoff check is integral to the use of with aircraft operated under the current in departure planning only and shall be holdover timetables. icing regulations of 14 CFR parts 125 used in conjunction with pretakeoff The part 121 interim rule under and 135, we believe there may be check procedures. These tables provide § 121.629(d) also allows a certificate validity to this comment and we may only approximate time ranges. Each holder to continue to operate without a address the clean aircraft concept in a pilot-in-command (PIC) determines the deicing program if the aircraft is future agency action. appropriate holdover time for the type checked to ensure that the wings, Holdover Times of fluid and the actual weather control surfaces, and other critical conditions. The fact that a determined surfaces are free of frost, ice, and snow The part 121 interim rule requires that holdover time has not yet expired anytime conditions are such that frost, a certificate holder’s ground deicing/ would not alone justify a decision to ice, or snow may reasonably be anti-icing program must include the take off if other conditions, such as the expected to adhere to the aircraft. The certificate holder’s holdover timetables rate or type of precipitation, had check must be completed within five and the procedures for the use of these worsened, or if the PIC has other minutes before takeoff and tables by the certificate holder’s information, such as expected delays, to accomplished from outside the aircraft. personnel. The rule requires that takeoff warrant redeicing or re-inspecting the This check is referred to as the after exceeding any determined aircraft. Conversely, the final rule does ‘‘paragraph (d) outside-the-aircraft holdover time is permitted only after (1) not prohibit takeoff after a holdover check.’’ As stated in the preamble to the A pretakeoff contamination check time has expired, if certain additional part 121 interim rule, accomplishing determines that the wings, control actions are taken, e.g., a pretakeoff this check may not be a viable option at surfaces, and other critical surfaces, as contamination check or an alternative certain airports, at certain peak defined in the certificate holder’s check that indicates the aircraft is free departure times, and during certain program, are free of frost, ice, or snow; of contamination. weather conditions. or (2) it is otherwise determined by an The FAA agrees that the stated range Twelve commenters (ALPA, NTSB, approved alternative procedure that the in holdover times should not be used as ATA, Fokker, Canadair, de Havilland, wings, control surfaces, and other a minimum and maximum value. The an airline pilot, AEA, Federal Express, critical surfaces, as defined in the advisory circular specifically states that Swissair, Association of Flight certificate holder’s program, are free of generally the maximum time within the Attendants, and Aviatrends) address the frost, ice, or snow; or (3) the critical holdover time range applies in light issue of aircraft checks. The three sub- surfaces are redeiced and a new precipitation conditions and the issues these commenters address are: (1) holdover time is determined. minimum time applies to moderate to The adequacy of any check made from Four commenters (Swissair, ALPA, heavy precipitation conditions. In each within the aircraft; (2) how the five Association of European Airlines (AEA), case the holdover time is determined minutes is measured; and (3) other and an airline pilot) express concern from within the stated range depending aircraft check issues. with the reliability and use of holdover on the actual weather conditions. The (1) Checks made from within the times. Swissair states it has always FAA, therefore, has determined that the airplane. The NTSB, ALPA, de considered the holdover times as advisory circular provides sufficient Havilland, Association Flight guideline and does not support the use guidance to pilots concerning holdover Attendants, Aviatrends, and an airline of holdover time guidelines as the only time; therefore, no further changes are pilot all voice concern for the reliability criteria for a go/no-go decision. ALPA required. of any check made from within the expresses a similar opinion. Three airplane. The NTSB expressed commenters (Canadair, ALPA, and an Aircraft Checks particular concern for visual airline pilot) are concerned that with the If the determined holdover time has observations involving swept-wing wide range of holdover times pilots may been exceeded, the part 121 interim airplanes without leading edge devices. mistakenly believe that a takeoff is safe, final rule requires, as one alternative, a Aviatrends cited specific examples in regardless of other factors, so long as it pretakeoff contamination check which reports filed under NASA’s is made within the longer time limit. (§ 121.629(c)(3)(i)). A pretakeoff Aviation Safety Reporting System Swissair states that the range of contamination check, as defined in indicated problems with checks from holdover times cannot be considered § 121.629(c)(4), is a check to make sure inside the aircraft. In one case where ‘‘as a minimum/maximum value but the wings, control surfaces, and other both Type I and Type II fluid had been

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applied, the first officer reported that it and the paragraph (d) outside-the- disputes the NASA report that served as was impossible to see through Type II aircraft check must be completed within a partial basis for the FAA’s conclusions fluid on the cabin windows. A second five minutes prior to beginning takeoff. concerning hard wing aircraft. Fokker report concluded that ‘‘the value of The FAA believes that a pretakeoff maintains that the NASA report is inspecting the wing for ice from inside contamination check or a paragraph (d) inaccurate and that data produced in the cabin, especially at night, is outside-the-aircraft check completed subsequent tests conducted by NASA questionable’’ and the ‘‘Type II deicing within no more than five minutes prior and earlier tests conducted in Sweden fluid is the consistency of warm honey to beginning takeoff is sufficiently close do not support the need for applying and when it covers the cabin windows to takeoff, in most weather conditions, any additional procedures to hard wing very little can be seen through them.’’ to ensure absence of contamination. aircraft. ALPA expressed similar concerns and Five minutes is a maximum time. The FAA Response: The part 121 interim concluded that ‘‘the inspection from FAA expects PICs to use good judgment rule imposed no special requirements inside the aircraft is therefore turned when weather conditions might dictate for hard wing aircraft; however, the into a presumption.’’ a shorter time. FAA has issued AD 92–03–01 and AD FAA Response: Pretakeoff (3) Other pretakeoff check issues. 92–03–02, which require special contamination checks, defined under Canadair states that there is still a procedures for certain model DC–9 and § 121.629(c)(4) and required under possibility of confusion between the two MD–80 airplanes. These special § 121.629(c)(3)(i), must be accomplished similarly worded terms ‘‘pretakeoff procedures are based on the fact that from outside the aircraft unless the check’’ and ‘‘pretakeoff contamination these airplanes have a wing design that certificate holder’s approved program check’’ and recommends that the latter is particularly susceptible to loss of lift specifies otherwise. Checks performed be renamed ‘‘external contamination due to wing icing. Minute amounts of from inside the aircraft are not check.’’ AEA states its concern that ice or other contaminates on the leading permitted unless the certificate holder since holdover times are only edge of these hard wings can cause an has clearly defined and demonstrated guidelines, they should not be used as increase in stall speed of up to 30 knots. procedures to allow the flight crew to ‘‘criteria to establish whether a more This increased stall speed may be well assess the condition of the aircraft from thorough check (pretakeoff above the stall warning activation inside the aircraft under various contamination check) is required.’’ speed. Because of this phenomena, conditions (e.g., lighting, weather, FAA Response: The FAA believes that special guidance applicable to hard visibility, etc.). The certificate holder’s the aviation industry has become wing aircraft have been included in program should emphasize that if any familiar with the distinction between Advisory Circular (AC) 120–60. doubt exists as to the condition of the the two checks. As stated under item (1) Roles of Dispatcher and Pilot-in- aircraft after conducting this check, above, a holdover time is never the sole Command (PIC) takeoff must not be attempted. In criteria in determining whether a takeoff addition, as stated in the preamble to should be attempted or whether another The part 121 interim rule addresses the part 121 interim rule, the ultimate check is warranted. The PIC’s the duties and responsibilities of the PIC authority and responsibility for the evaluation of all the relevant factors and and the aircraft dispatcher in operation of the aircraft remain with the his or her exercise of good judgment are determining whether a takeoff can be PIC. Therefore, whenever the PIC is not expected. safely accomplished (§ 121.629(b) and (c)). fully satisfied with the reliability of a Hard Wing Aircraft check conducted from inside the Three commenters address the proper aircraft, the PIC is expected to get the The part 121 interim rule does not roles of PICs and aircraft dispatchers. aircraft redeiced or request that an contain any specific additional Swissair agrees with the FAA that the additional check be conducted from requirements for hard wing aircraft (i.e. ultimate responsibility for determining outside the aircraft. aircraft without wing leading edge if the aircraft is airworthy is with the (2) How the 5 minutes is measured. devices). The NPRM preamble stated PIC once the aircraft is released from Several commenters (Swissair, ATA, that the FAA has issued Airworthiness ground personnel. Two commenters, Fokker, and AEA) question the intent of Directives (AD) requiring a tactile check both aircraft dispatchers, believe that the rule language that requires that the of specific hard wing aircraft in ground § 121.629, as amended in the part 121 pretakeoff contamination check must icing conditions. The FAA stated in the interim rule, does not give proper ‘‘be conducted’’ and the paragraph (d) preamble to the part 121 interim rule recognition to what they believe are check must ‘‘occur’’ within five minutes that it would continue to deal with joint responsibilities of aircraft prior to beginning takeoff. These aircraft specific requirements by using dispatcher and pilot-in-command as commenters point out that if this check ADs. reflected in §§ 1221.395, 121.533, can take five to fifteen minutes to Five commenters (NTSB, Fokker, de 121.593, 121.599(a), 121.601(a), accomplish, as the FAA stated in the Havilland, the Air Transport 121.605, and 121.627(a). Both preamble to the part 121 interim rule, Association, and Embraer) comment on commenters state that the cited sections the rule would be impractical unless it the issue of ground deicing as it affects indicate a joint responsibility between is interpreted to mean that the takeoff aircraft commonly referred to as hard the aircraft dispatcher and the PIC for must occur within five minutes of wing aircraft. The NTSB believes that the safety of a flight and that the completion of the check. While seeking special operational procedures are dispatcher’s responsibility does not end clarification of the five-minute time justified for hard wing aircraft. with the release of the aircraft by the requirement, AEA states that a Conversely, the other four commenters dispatcher. Rather, the dispatcher measurement of five minutes after state that the FAA does not have any continues to be involved in the completing the checks would be valid basis for imposing additional operational control of the aircraft problematic and could be dangerous requirements (e.g. a tactile check) on throughout the flight. One of these unless there is a differentiation based on hard wing aircraft with aft-mounted commenters recommends that § 121.629 the type of fluid used. engines. Of these commenters, only should be revised to specifically state FAA Response: The FAA’s intent was Fokker offers specific evidence to that the aircraft dispatcher is involved that the pretakeoff contamination check support its position. Primarily, Fokker with the PIC in the operational control

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of the aircraft and that this control procedures, and techniques for approved by the principal inspectors of includes dispatcher concurrence in recognizing contamination. the certificate holder that wishes to use computing or revising a holdover time Four commenters (NTSB, Fokker, them. and dispatcher initiation of an exterior Trans World Express and Finnair) Research tactile contamination check. address the issue of training. The NTSB FAA Response: The FAA agrees that states that the required recurrent In the part 121 interim rule preamble, operational control of the aircraft is a training for flight crewmembers and the FAA stated that further research is joint responsibility between the PIC and involved ground personnel is ‘‘equally needed on issues such as the effects of the aircraft dispatcher. As stated in the applicable to the FAA personnel airplane design on wing contamination preamble to the part 121 interim rule, a involved in overseeing the airline and how this would affect pilot flying certificate holder’s program may include programs.’’ Fokker believes that flight techniques. The preamble states that holdover time coordination with the crew training is most important in additional study is needed to assess the aircraft dispatcher; however, the real- preventing ground icing accidents and value of aircraft type specific pilot time information required to determine recommends that the ‘‘FAA should training for use in ground icing or update the proper holdover time may emphasize training in the use of rotation conditions. The NTSB and the Federal be available only to the PIC. In this techniques suited to conditions where Express Corporation state support for situation the PIC safety responsibility ground icing can be anticipated.’’ Trans further research of the type the FAA may require him or her to determine a World Express states that vendors (e.g. indicated in the part 121 interim rule holdover time without coordinating contract personnel who may work for preamble. Federal Express states with the dispatcher. The FAA believes several certificate holders) are required support for further research on the use that the part 121 interim rule language to receive the generic training over and of holdover times and on the effects of does not diminish, and is consistent over when the vendors really need it airplane design and their interaction with, the traditional role of the aircraft only once and recommends that the with contaminants, particularly for hard dispatcher as stated in the sections cited certificate holder be permitted to accept wing aircraft. The NTSB states that the above and therefore no change is made another certificate holder’s qualification highest research priority should be in the part 121 interim rule language. program for vendors as it pertains to given to determining the possible deicing/anti-icing fluid application and contaminating effects of Type II fluids Applicability dispersal. Finnair states that training is on runway friction. The NTSB also The part 121 interim rule applied to the most important short-term safety strongly supports continuing initiatives part 121 certificate holders only; measure and should emphasize the for the development of technical however, the preamble for the interim overall picture of the conditions solutions to wing contaminant final rule stated that the FAA would affecting the aircraft and not concentrate detection. continue to study part 125 and 135 on any one item such as holdover FAA Response: Within the past few operations to determine if future timetables. years research has been initiated on rulemaking is required. Three comments FAA Response: The FAA agrees with several different areas related to the address applicability. The NTSB the NTSB regarding the need for FAA ground deicing problem. The FAA has reiterates its concern that the interim inspector ground deicing/anti-icing published a report which describes rule does not address part 125 and part training. This training was provided to ongoing research, entitled ‘‘Aircraft Ice 135 certificate holders. Empire Airlines all Principal Aviation Safety Inspectors Detectors and Related Technologies for states that, based on its experience as an (Operations and Maintenance) before Onground and Inflight Application.’’ It operator under both parts 121 and 135, the part 121 interim rule was published. is available to the public through the it believes a part 121-type program The FAA agrees with Finnair and National Technical Information Service, should not be imposed on part 135 Fokker regarding their comments on Springfield, VA 22161. The FAA is operators. Canadair states that part 91 training except to the extent that Fokker continuing to analyze holdover times in aircraft should also be included in any believes that pilots should be trained to an effort to make them a more precise further study. use a different aircraft rotation tool for determining an aircraft’s FAA Response: The FAA issued an technique during takeoff that, in its contamination status. The FAA and the interim final rule tailored to part 125 view, is more suited to conditions United States Air Force are cooperating and 135 operators on December 30, 1993 where ground icing can be anticipated. with NASA Ames Research Center in (58 FR 69620). Presently, the FAA plans Training pilots in the proposed the development of a new more no part 91 rulemaking; however, techniques, however, undermines the environmentally friendly deicing/anti- guidance for part 91 operators on ‘‘clean aircraft’’ concept since the icing fluid. Many different corporations ground deicing/anti-icing practices and premise for using such techniques is and individual entrepreneurs are procedures is available in AC 120–58, that the PIC may be unsure of whether developing detection systems that might Pilot Guide for Large Aircraft Ground the aircraft is free of contamination. If be used to detect contamination on an Deicing, and AC 135–17, Pilot Guide for contamination is adhering to critical aircraft’s critical surfaces. The FAA’s Small Aircraft Ground Deicing. surfaces of the aircraft, the takeoff Technical Center has completed initial would not comply with § 121.629(a), studies that indicate Type II fluids do Training and the techniques recommended by not have a significant effect on runway The part 121 interim rule requires Fokker are not a safe alternative to that friction. initial and recurrent ground training compliance. and testing for flight crewmembers and Conceptually, the FAA agrees with Types of Fluids qualification for all other affected Trans World Express that redundant The part 121 interim rule does not personnel. The training, testing, and training is neither necessary nor useful require using any specific deicing/anti- qualifications must cover the use of for the trainee. On the other hand, the icing fluid. The ground deicing AC 120– holdover times, aircraft deicing/anti- FAA cannot permit a certificate holder 60 gives guidance in the use of deicing/ icing procedures, contamination, types to use another certificate holder’s or a anti-icing fluids, stating the advantages and characteristics of deicing/anti-icing vendor’s deicing/anti-icing procedures and disadvantages of Type I and Type fluids, cold weather preflight inspection unless those procedures have been II fluids. Two commenters (Fokker and

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Technoshield) address the question of aircraft is free of contamination, the the preamble to the part 121 interim Type II fluids. Fokker states that the FAA believes the check is an adequate rule. FAA Advisory Circular incorrectly substitute for an approved program. The Environmental Assessment (EA) suggests that there may be which supported a Finding of No Air Traffic Control disadvantages to Type II fluids with Significant Impact (FONSI) is included respect to decreasing the runway The NTSB referenced several of its in the docket for this rulemaking. coefficient of friction. Technoshield previous recommendations that are not Except for the NTSB suggestion that the suggests that the entire rulemaking will directly related to this rulemaking FAA conduct further research on have the effect of precluding the use of action but that are related to achieving runway contaminants, no further Type I fluids. more efficient planning for ground comments on environmental issues FAA Response: As stated in the operations. The recommendations, if associated with this rulemaking were preamble to the part 121 interim rule, implemented, would reduce the received following publication of the each type fluid has its benefits and probability that airplanes will exceed part 121 and part 135 interim rules. intended usage. Each certificate holder, their deicing holdover times. Nonetheless, as part of its long term not the FAA, determines the type(s) of FAA Response: The FAA has efforts, the FAA will continue to work fluid to be used in its operations. Recent undertaken a number of related actions, with certificate holders and with airport studies by the FAA indicate that no including, as part of certain airports’ operators to monitor the actual and degradation of runway frictions greater ground deicing plans, gate hold potential environmental effects of this than that occurring with water covered procedures (NTSB Recommendation A– rule and will take appropriate steps as runway surfaces occurs with the use of 93–19) and procedures that limit the necessary. Type II fluids. time an aircraft spends on the ground Conclusion The FAA does not believe that the after deicing (NTSB Recommendation rule affects the choice of fluid. Weather A–93–20). These procedures have After consideration of the comments conditions and certificate holder contributed to both improved safety submitted in response to the interim practice will continue to determine the during ground icing conditions and final rules, the FAA has determined that choice of fluid. enhanced the overall departure and no further rulemaking action is necessary. The interim final rule Alternative Procedures arrival rates during these conditions. amending part 121 of title 14 of the Canadair suggests that it would be Environmental Analysis Code of Federal Regulations, useful if the FAA issues advisory Amendment No. 121–231, entitled These rules are federal actions that are material on how to design, develop, and Aircraft Ground Deicing and Anti-Icing subject to the National Environmental verify an alternative procedure for Program, published at 57 FR 44924 on Police Act (NEPA). Under applicable determination that critical surfaces are September 29, 1992, is adopted as a guidelines of the President’s Council on free of frost, ice, or snow, as is final rule. The interim final rule Environmental Quality and agency authorized under § 121.629(c)(3)(ii). amending parts 125 and 135 of title 14 procedures implementing NEPA, the FAA Response: As was stated in the of the Code of Federal Regulations, FAA normally prepares an preamble to the part 121 NPRM, the Amendment Nos. 125–18 and 135–46, environmental assessment (EA) to ‘‘otherwise determined by an alternative entitled Training and Checking in determine the need for an procedure’’ language was included to Ground Icing Conditions, published at environmental impact statement (EIS) or cover changes in ambient conditions or 58 FR 69620 on December 30, 1993, is whether a finding of no significant industry development of approved new adopted as a final rule. technologies. The FAA believes that impact (FONSI) would be appropriate. certificate holders should take the (40 CFR 1501.3; FAA Order 1050.1D Issued in Washington, DC, on August 19, 2002. initiative to develop such alternative appendix 7. par. 3(a)). In the NPRMs the procedures and submit them to the FAA FAA invited comments on any Monte R. Belger, for approval. environmental issues associated with Acting Administrator. the proposed rule, and specifically [FR Doc. 02–21575 Filed 8–26–02; 8:45 am] Need for Approved Program requested comments on the following: BILLING CODE 4910–13–P ALPA states its belief that each carrier (1) Whether the proposed rule will operating under part 121 should have an increase the use of deicing fluids, (2) approved program and that, for the whether the proposed part 121 rule will DEPARTMENT OF COMMERCE reasons stated in its earlier comments encourage the use of Type II deicing on the ground deicing NPRM, fluid, (3) the impact, if any, of using Bureau of the Census § 121.629(d) should be deleted. these deicing fluids on taxiways ‘‘just FAA Response: The FAA believes that prior to takeoff,’’ and (4) containment 15 CFR Part 50 the only certificate holders under part methods currently used that can be [Docket Number 020509117–2195–02] 121 who do not have an approved adapted to other locations on an airport. ground deicing/anti-icing program are Only a few commenters to the part 121 RIN 0607–AA36 those who conclude it would be more NPRM addressed these environmental cost effective to operate without such a issues and most of these commenters Bureau of the Census Certification program. These certificate holders might focused more on the effect of Federal, Process have to delay or cancel flights in icing state, and local environmental AGENCY: Bureau of the Census, conditions because the outside-the- requirements and the lack of local Department of Commerce. aircraft check required under facilities, than on the questions of the ACTION: Final rule. § 121.629(d) is not a viable option potential environmental impact of during certain weather conditions and deicing fluids. A summary of the SUMMARY: The Bureau of the Census at certain airports. If a certificate holder comments received, the FAA’s response, (Census Bureau) is issuing this final rule is able to conduct an outside-the-aircraft and the findings of the FAA’s to establish the process for requesting check and that check ensures that the Environmental Assessment appear in certification of Census Bureau

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documents (i.e., tables, maps, reports, • Require requests for certifications to PART 50—SPECIAL SERVICES AND etc.) and the pricing structure for that contain information on Form BC– STUDIES BY THE BUREAU OF THE service. A certification confirms that a 1868(EF), Request for Official CENSUS product is a true and accurate copy of Certification. (See the Census Bureau’s a Census Bureau document. The Census Web site, .) Part 50 continues to read as follows: a centralized system for certifying On June 4, 2002, the Census Bureau Authority: Sec. 3, 49 Stat. 293, as Census Bureau documents and to published in the Federal Register a amended; 15 U.S.C. 192a. Interprets or accurately reflect the true costs applies Sec. 1, 40 Stat. 1256, as amended; notice of proposed rulemaking and associated with certification. Sec. 1, 49 Stat. 292; Sec. 8, 60 Stat. 1013, as request for comments on this program amended; 15 U.S.C. 192, 189a; and 13 U.S.C. EFFECTIVE DATE: This rule is effective on (67 FR 38445). The Census Bureau 8. September 26, 2002. received no comments on the proposed 2. Add § 50.50 to read as follows: FOR FURTHER INFORMATION CONTACT: rule. Requests for additional information on § 50.50 Request for certification. Administrative Procedure and this rule should be directed to Les (a) Upon request, the Census Bureau Regulatory Flexibility Act Solomon, Chief, Customer Services certifies certain statistical materials Center, Marketing Services Office, U.S. A notice of final rulemaking is not (such as the population and housing Census Bureau, Room 1585, Federal required by Title 5, United States Code unit counts of government entities, Building 3, Washington, DC 20233, (U.S.C.), section 553, or any other law, published tabulations, maps, and other (301) 763–5377 or by fax (301) 457– because this rule is procedural in nature documents). The Census Bureau charges 4714. and involves a matter relating to public customers a preset fee for this service SUPPLEMENTARY INFORMATION: property, loans, grants, benefits, or according to the kind of certification contracts. Accordingly, it is exempt requested (either an impressed Background from the notice and comment provisions document or an attestation) and the The Census Bureau has developed of the Administrative Procedure Act level of difficulty involved in compiling standard procedures and pricing under 5 U.S.C. 553(a)(2) and 5 it (easy, moderate, or difficult, policies regarding the certification U.S.C.(b)(A). Therefore, the analytical determined according to the resources process. requirements of the Regulatory expended) as well as the set cost of the Over the years, the volume of requests Flexibility Act are not applicable (5 data product (e.g., report or map) to be for certified Census Bureau documents U.S.C. 601, et seq.). As a result, a certified. Certification prices are shown has steadily increased. Title 13, Section Regulatory Flexibility Analysis is not in the following table: 8, allows the Census Bureau to provide required and none has been prepared. certain statistical materials upon PRICE BY TYPE OF CERTIFICATION payment of costs for this service. With Executive Orders Estimated the release of Census 2000 data, the This rule has been determined not to Product Estimated time to volume of requests for certified be significant for purposes of Executive price complete documents is expected to continue Order 12866. This rule does not contain (in hours) increasing. The price structure includes policies with federalism implications Impress-easy ...... $70.00 1.5 a preset service fee plus the cost of the sufficient to warrant preparation of a resources used in fulfilling the requests, Impress-medium ..... 110.00 3 federalism assessment under Executive Impress-difficult ...... 150.00 4.5 according to the kind of certification Order 12612. Attestation-easy ...... 160.00 3 requested and its level of difficulty Attestation-medium 200.00 4.5 (easy, moderate, or difficult). The two Paperwork Reduction Act Attestation-difficult .. 240.00 6 types of certification available are (1) Notwithstanding any other provision ‘‘Impression,’’ that is, impressing the (b) There are two forms of Census Bureau seal on a document and of law, no person is required to respond certification available: Impressed (2) ‘‘Attestation,’’ a signed statement by to, nor shall a person be subject to a Documents and Attestation. Census Bureau officials, attesting to the penalty for failure to comply with, a (1) Impressed Documents. An authenticity, accompanying a document collection of information subject to the impressed document is one that is onto which the Census Bureau seal has requirements of the Paperwork certified by impressing the Census been impressed. Reduction Act (PRA), Title 44, U.S.C., Bureau seal on the document itself. The A certification may be needed for Chapter 35, unless that collection of Census Bureau act, Title 13, United many reasons. For example, parties in a information displays a current Office of States Code, Section 3, provides that the legal proceeding may wish to obtain a Management and Budget control seal of the Census Bureau shall be copy of a Census Bureau table or map number. This notice does not represent affixed to all documents authenticated that they wish to introduce into a collection of information and is not by the Census Bureau and that judicial evidence. subject to the PRA’s requirements. The notice shall be taken of the seal. This In order to create consistent form referenced in the rule, Form BC– process attests that the document on certification rules, the Census Bureau is 1868(EF), collects only information which the seal is impressed is a true and making the following amendment to necessary to process a certification accurate copy of a Census Bureau Title 15, Code of Federal Regulations request. As such, it is not subject to the record. (CFR), part 50: PRA’s requirements (5 CFR (2) Attestation. Attestation is a more • Add new Section 50.50 containing 1320.3(h)(1)). formal process of certification. It the Census Bureau’s certification List of Subjects in 15 CFR Part 50 consists of a signed statement by a process. Census Bureau official that the • Establish a consistent pricing Census data, Population census, Seals document is authentic and produced or structure. and insignia, Statistics. published by the agency, followed by a

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signed statement of another Census persons named in it to engage in export Additionally, pursuant to 5 U.S.C. Bureau official witnessing the authority or reexport transactions of items subject 553(d)(2), the 30 day delay in of the first. to the Export Administration effectiveness is waived for the same (c) Requests for certification should be Regulations (EAR) and restricts their reason. Because a notice of proposed submitted on Form BC–1868(EF), access to items subject to the rulemaking and an opportunity for Request for Official Certification, to the regulations. These orders may also public comment are not required to be Census Bureau by fax, (301) 457–4714 prohibit all persons from taking certain given for this rule under the or by e-mail, [email protected]. actions specified in the order because Administrative Procedure Act or by any Form BC–1868(EF) is available on the those actions could circumvent the other law, the analytical requirements of Census Bureau’s Web site at: http:// restrictions imposed on the denied the Regulatory Flexibility Act (5 U.S.C. www.census.gov/mso/www/ person by the order. BIS publishes 601 et seq.) are not applicable. certification/. A letter request—without notices of such orders in the Federal Therefore, this regulation is issued in Form BC–1868(EF)—will be accepted Register to provide notice to all persons final form. Although there is no formal only if it contains the information of the provisions of the order. BIS comment period, public comments on necessary to complete a Form BC– maintains unofficial compilations of this regulation are welcome on a 1868(EF). No certification request will such denial orders, for the convenience continuing basis. Comments should be be processed without payment of the of the public, in a ‘‘Denied Persons List’’ submitted to William Arvin, Office of required fee. included in the unofficial version of the Exporter Services, Bureau of Industry EAR and on a Web site. Because these Dated: August 21, 2002. and Security, Department of Commerce, compilations are not included in the P.O. Box 273, Washington, D.C. 20044. Charles Louis Kincannon, Code of Federal Regulations, this rule Director, Bureau of the Census. removes references to the ‘‘Denied List of Subjects [FR Doc. 02–21709 Filed 8–26–02; 8:45 am] Persons List’’ from the EAR in parts 732, 15 CFR Parts 732 and 758 BILLING CODE 3510–07–P 736, 758, 764, 766 and 772. References to the ‘‘Denied Persons List’’ in part 752 Administrative practice and of the EAR will be removed in a procedure, Advisory committees, DEPARTMENT OF COMMERCE separate rule. Exports, Foreign trade, Reporting and This rule also replaces the word recordkeeping requirements. Bureau of Industry and Security ‘‘immediately’’ with ‘‘[date]’’ in the last 15 CFR Parts 736 and 772 sentence of the pro forma standard Exports, Foreign trade. 15 CFR Parts 732, 736, 758, 764, 766 denial order, because a standard order and 772 need not be effective as of the date of 15 CFR Part 764 [Docket No. 020628162–2162–01] signing. This rule does not change the Administrative practice and scope of any order denying export RIN 0694–AC58 procedure, Exports, Foreign trade, Law privileges, nor does it change the rights enforcement, Penalties. or duties of any person with respect to Revision to the Export Administration the Export Administration Regulations. 15 CFR Part 766 Regulations: Denied Persons List Rulemaking Requirements Administrative practice and AGENCY: Bureau of Industry and procedure, Confidential business Security, Commerce. 1. This final rule has been determined information, Exports, Foreign trade. to be not significant for purposes of E.O. ACTION: Final rule. Accordingly, parts 732, 736, 758, 764, 12866. 766 and 772 of the Export SUMMARY: This rule removes references 2. Notwithstanding any other provision of law, no person is required Administration Regulations (15 CFR in the Export Administration parts 730–799) are amended as follows: Regulations (EAR) to the ‘‘Denied to respond to, nor shall any person be Persons List’’ maintained by the Bureau subject to a penalty for failure to comply PART 732—[AMENDED] of Industry and Security because the list with, a collection of information subject is described, but not published, in the to the requirements of the Paperwork 1. The authority citation for 15 CFR Code of Federal Regulations, and is not Reduction Act, unless that collection of part 732 is revised to read as follows: intended to be legally controlling. This information displays a currently valid Authority: 50 U.S.C. app. 2401 et seq.; 50 rule also makes a format change in the Office of Management and Budget U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, template of the standard denial order Control Number. This rule does not 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 published in the EAR. involve a collection of information FR 44025, 3 CFR, 2001 Comp., p. 783; Notice subject to the Paperwork Reduction Act of August 14, 2002, 67 FR 53721, August 16, EFFECTIVE DATE: This rule is effective of 1980 (44 U.S.C. 3501 et seq.). 2002. August 26, 2002. 3. This rule does not contain policies 2. Section 732.3 is amended by FOR FURTHER INFORMATION CONTACT: with Federalism implications as that revising paragraph (g)(1) to read as Thomas W. Andrukonis, Director, Office term is defined in Executive Order follows: of Enforcement Analysis, Bureau of 13132. Industry and Security, Telephone: (202) 4. Pursuant to 5 U.S.C. 553(b)(A), the § 732.3 Steps regarding the ten general 482–4255. provisions of the Administrative prohibitions. SUPPLEMENTARY INFORMATION: Procedure Act requiring a notice of * * * * * proposed rulemaking and the (g) * * * Background opportunity for public comment are (1) Determine whether your As described in section 764.3 of the waived, because this regulation involves transferee, ultimate end-user, any Export Administration Regulations (15 a rule of agency procedure. No other law intermediate consignee, or any other CFR 764.3), the Bureau of Industry and requires that a notice of proposed party to a transaction is a person denied Security (BIS) has the authority to issue rulemaking and an opportunity for export privileges (see part 764 of the an order that restricts the ability of public comment be given for this rule. EAR). It is a violation of the EAR to

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engage in any activity that violates the 6. Section 758.2 is amended by in which such person(s) has an interest, terms or conditions of a denial order. revising paragraph (c)(2) to read as are suspended or revoked. General Prohibition Four (Denial follows: * * * * * Orders) applies to all items subject to the EAR, i.e., both items on the CCL and § 758.2 Automated Export System (AES). (b) Standard denial order terms. The within EAR99. * * * * * following are the standard terms for imposing periods of export denial. Some * * * * * (c) * * * (2) Applicants are denied persons; or orders also contain other terms, such as PART 736—[AMENDED] * * * * * those that impose civil penalties, or that suspend all or part of the penalties or 3. The authority citation for 15 CFR PART 764—[AMENDED] period of denial. part 736 is revised to read as follows: * * * * * 7. The authority citation for 15 CFR Authority: 50 U.S.C. app. 2401 et seq.; 50 This order, which constitutes the final U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, part 764 is revised to read as follows: 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 agency action in this matter, is effective Authority: 50 U.S.C. app. 2401 et seq.; 50 [DATE]. FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 3 CFR, 2001 Comp., p. 783; Notice of August 9. Supplement No. 2 to Part 764 is 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 14, 2002, 67 FR 53721, August 16, 2002. Comp., p. 783; Notice of November 9, 2001, removed. 66 FR 56965, 3 CFR, 2001 Comp., p. 917; 8. Supplement No. 1 to Part 764 is Notice of August 14, 2002, 67 FR 53721, amended by revising paragraph (a) (the PART 766—[AMENDED] August 16, 2002. undesignated paragraphs following paragraph (a) are unchanged), revising 10. The authority citation for 15 CFR 4. Section 736.2 is amended by the heading and introductory text of part 766 is revised to read as follows: revising paragraph (b)(4)(i) to read as paragraph (b), and revising the last follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 sentence of the Supplement to read as U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, § 736.2 General Prohibitions and follows: 3 CFR, 2001 Comp., p. 783; Notice of August Determination of Applicability. 14, 2002, 67 FR 53721, August 16, 2002. SUPPLEMENT NO. 1 TO PART 764– * * * * * STANDARD TERMS OF ORDERS 11. Section 766.25 is amended by (b) * * * DENYING EXPORT PRIVILEGES revising paragraph (f) to read as follows: (4) * * * (i) You may not take any action that (a) General. (1) Orders denying export § 766.25 Administrative action denying is prohibited by a denial order issued privileges may be ‘‘standard’’ or ‘‘non- export privileges. under part 766 of the EAR, standard.’’ This Supplement specifies * * * * * Administrative Enforcement terms of the standard order denying (f) Publication. The orders denying Proceedings. These orders prohibit export privilege with respect to denial many actions in addition to direct export privileges under this section are orders issued after March 25, 1996. published in the Federal Register when exports by the person denied export Denial orders issued prior to March 25, issued, and, for the convenience of the privileges, including some transfers 1996 are to be construed, insofar as public, information about those orders within a single country, either in the possible, as having the same scope and United States or abroad, by other effect as the standard denial order. All may be included in compilations persons. You are responsible for denial orders are published in the maintained by BIS on a Web site and as ensuring that any of your transactions in Federal Register. The failure by any a supplement to the unofficial edition of which a person who is denied export person to comply with any denial order the EAR available by subscription from privileges is involved do not violate the is a violation of the Export the Government Printing Office. terms of the order. Orders denying Administration Regulations (EAR) (see * * * * * export privileges are published in the § 764.2(k) of this part). BIS provides lists Federal Register when they are issued of denied persons on a Web site and as PART 772—[AMENDED] and are the legally controlling a supplement to the unofficial edition of documents in accordance with their the EAR available by subscription from 12. The authority citation for 15 CFR terms. BIS also maintains compilations the Government Printing Office. part 772 is revised to read as follows: of persons denied export privileges on (2) Each denial order shall include: a Web site and as a supplement to the Authority: 50 U.S.C. app. 2401 et seq.; 50 (i) The name and address of any unofficial edition of the EAR available U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, denied persons and any related persons by subscription from the Government 3 CFR, 2001 Comp., p. 783; Notice of August subject to the denial order; Printing Office. BIS may, on an 14, 2002, 67 FR 53721, August 16, 2002. exceptional basis, authorize activity (ii) The basis for the denial order, 13. Section 772.1 is amended by otherwise prohibited by a denial order. such as final decision following charges removing the definition of ‘‘Denied of violation, settlement agreement, See § 764.3(a)(2) of the EAR. Persons List.’’ section 11(h) of the EAA, or temporary * * * * * denial order request; Dated: August 15, 2002. PART 758—[AMENDED] (iii) The period of denial, the effective James J. Jochum, date of the order, whether and for how Assistant Secretary for Export 5. The authority citation for 15 CFR long any portion of the denial of export Administration. part 758 is revised to read as follows: privileges is suspended, and any [FR Doc. 02–21596 Filed 8–26–02; 8:45 am] Authority: 50 U.S.C. app. 2401 et seq.; 50 conditions of probation; and BILLING CODE 3510–33–P U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, (iv) Whether any or all outstanding 3 CFR, 2001 Comp., p. 783; Notice of August licenses issued under the EAR to the 14, 2002, 67 FR 53721, August 16, 2002. person(s) named in the denial order or

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DEPARTMENT OF HEALTH AND 20 and 514.11(e)(2)(ii), summaries of (c) Special considerations. Federal HUMAN SERVICES safety and effectiveness data and law restricts this drug to use by or on information submitted to support the order of a licensed veterinarian. Food and Drug Administration approval of these applications may be (d) Conditions of use in dogs—(1) seen in the Dockets Management Branch Amount—(i) Wounds, abscesses, and 21 CFR Part 520 (HFA–305), Food and Drug dental infections: 2.5 to 15 mg per Administration, 5630 Fishers Lane, rm. pound (/lb) of body weight every 12 Oral Dosage Form New Animal Drugs; 1061, Rockville, MD 20852, between 9 hours for a maximum of 28 days. Clindamycin a.m. and 4 p.m., Monday through Osteomyelitis: 5.0 to 15 mg/lb of body AGENCY: Food and Drug Administration, Friday. weight every 12 hours for a minimum of HHS. FDA has determined under 21 CFR 28 days. ACTION: Final rule. 25.33(d)(1) that these actions are of a (ii) Wounds, abscesses, and dental type that do not individually or infections: 2.5 mg/lb of body weight SUMMARY: The Food and Drug cumulatively have a significant effect on every 12 hours for a maximum of 28 Administration (FDA) is amending the the human environment. Therefore, days. Osteomyelitis: 5.0 mg/lb of body animal drug regulations to reflect neither environmental assessments nor weight every 12 hours for a minimum of approval of two supplemental new environmental impact statements are 28 days. animal drug applications (NADAs) filed required. (2) Indications for use—(i) For the by Pharmacia and Upjohn Co. for This rule does not meet the definition treatment of skin infections (wounds clindamycin hydrochloride oral dosage of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because and abscesses) due to susceptible strains forms. The supplement to the NADA for it is a rule of ‘‘particular applicability.’’ of coagulase-positive staphylococci an oral liquid provides for an expanded Therefore, it is not subject to the (Staphylococcus aureus or S. dose range for the use of clindamycin congressional review requirements in 5 intermedius), deep wounds and hydrochloride in both dogs and cats for U.S.C. 801–808. abscesses due to susceptible strains of the treatment of certain bacterial Bacteroides fragilis, Prevotella infections. The supplement to the List of Subject in 21 CFR Part 520 melaninogenicus, Fusobacterium NADA for oral capsules provides for an Animal drugs. necrophorum, and Clostridium expanded dose range in dogs and for use Therefore, under the Federal Food, perfringens, dental infections due to of a 300-milligram (mg) strength Drug, and Cosmetic Act and under susceptible strains of S. aureus, B. capsule. authority delegated to the Commissioner fragilis, P. melaninogenicus, F. DATES: This rule is effective August 27, of Food and Drugs and redelegated to necrophorum, and C. perfringens, and 2002. the Center for Veterinary Medicine, 21 osteomyelitis due to susceptible strains FOR FURTHER INFORMATION CONTACT: CFR part 520 is amended as follows: of S. aureus, B. fragilis, P. Melanie R. Berson, Center for Veterinary melaninogenicus, F. necrophorum, and PART 520—ORAL DOSAGE FORM Medicine (HFV–110), Food and Drug C. perfringens. NEW ANIMAL DRUGS Administration, 7500 Standish Pl., (ii) For the treatment of soft tissue infections (wounds and abscesses), Rockville, MD 20855, 301–827–7540, e- 1. The authority citation for 21 CFR dental infections, and osteomyelitis mail: [email protected]. part 520 continues to read as follows: caused by susceptible strains of S. SUPPLEMENTARY INFORMATION: Pharmacia Authority: 21 U.S.C. 360b. aureus, soft tissue infections (deep and Upjohn Co., 7000 Portage Rd., 2. Section 520.446 is revised to read wounds and abscesses), dental Kalamazoo, MI 49001–0199, filed as follows: infections, and osteomyelitis caused by supplements to NADA 135–940 that or associated with susceptible strains of provides for use of ANTIROBE § 520.446 Clindamycin capsules and B. fragilis, P. melaninogenicus, F. (clindamycin hydrochloride) Aquadrops tablets. necrophorum, and C. perfringens. Liquid and to NADA 120–161 for (a) Specifications—(1) Each capsule 3. Section 520.447 is revised to read ANTIROBE (clindamycin contains the equivalent of 25, 75, 150, as follows: hydrochloride) Capsules. Supplemental or 300 milligrams (mg) clindamycin as NADA 135–940 provides for an the hydrochloride salt. § 520.447 Clindamycin liquid. expanded dose range for the use of (2) Each capsule contains the (a) Specifications. Each milliliter of clindamycin hydrochloride in both dogs equivalent of 25, 75, or 150 mg solution contains the equivalent of 25 and cats for the treatment of certain clindamycin as the hydrochloride salt. milligrams (mg) clindamycin as the infections associated with bacteria (3) Each tablet contains the equivalent hydrochloride salt. susceptible to clindamycin of 25, 75, or 150 mg clindamycin as the (b) Sponsors. See sponsors in hydrochloride. Supplemental NADA hydrochloride salt. § 510.600(c) of this chapter as follows: 120–161 provides for the same (b) Sponsors. See sponsors in (1) No. 000009 for use as in expanded dose range in dogs and for use § 510.600(c) of this chapter as follows: paragraphs (d)(1)(i)(A), (d)(1)(ii)(A), of a 300-mg strength capsule. The (1) No. 000009 for use of capsules (d)(2)(i)(A), and (d)(2)(ii)(A) of this supplemental applications are approved described in paragraph (a)(1) of this section. as of May 13, 2002, and the regulations section as in paragraphs (d)(1)(i) and (2) No. 059130 for use as in are amended in §§ 520.446 and 520.447 (d)(2)(i) of this section. paragraphs (d)(1)(i)(B), (d)(1)(ii)(B), (21 CFR 520.446 and 520.447) to reflect (2) No. 059130 for use of capsules (d)(2)(i)(B), and (d)(2)(ii)(B) of this these approvals. The basis of these described in paragraph (a)(2) of this section. approvals is discussed in the freedom of section as in paragraphs (d)(1)(ii) and (c) Special considerations. Federal information summaries. Sections (d)(2)(ii) of this section. law restricts this drug to use by or on 520.446 and 520.447 are also being (3) No. 059079 for use of tablets the order of a licensed veterinarian. revised to reflect a current format. described in paragraph (a)(3) of this (d) Conditions of use—(1) Dogs—(i) In accordance with the freedom of section as in paragraphs (d)(1)(ii) and Amount—(A) Wounds, abscesses, and information provisions of 21 CFR part (d)(2)(ii) of this section. dental infections: 2.5 to 15 mg per

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pound (/lb) of body weight every 12 Dated: July 17, 2002. significant impact on the public and are hours for a maximum of 28 days. Stephen F. Sundlof, subject to rulemaking. Additional Osteomyelitis: 5.0 to 15 mg/lb of body Director, Center for Veterinary Medicine. guidance on prototype ‘‘other weight every 12 hours for a minimum of [FR Doc. 02–21733 Filed 8–26–02; 8:45 am] transactions’’ directed at Government 28 days. BILLING CODE 4160–01–S officials can be found on the Defense (B) Wounds, abscesses, and dental Procurement web site at: http:// infections: 2.5 mg per pound (/lb) of www.osd.dp.mil. A proposed rule was published in the body weight every 12 hours for a DEPARTMENT OF DEFENSE maximum of 28 days. Osteomyelitis: 5.0 Federal Register for public comment on mg/lb of body weight every 12 hours for Office of the Secretary November 21, 2001 (66 FR 58422– a minimum of 28 days. 58425). A notice of public meeting was published in the Federal Register on (ii) Indications for use—(A) For the 32 CFR Part 3 March 4, 2002 (67 FR 9632) and held on treatment of skin infections (wounds RIN 0790–AG92 March 27, 2002. The proposed rule and abscesses) due to susceptible strains addressed conditions on use of ‘‘other of coagulase-positive staphylococci Transactions Other Than Contracts, transactions’’ for prototype projects, the (Staphylococcus aureus or S. Grants, or Cooperative Agreements for nontraditional Defense contractor intermedius), deep wounds and Prototype Projects definition and audit policy. Comments abscesses due to susceptible strains of on the proposed rule were received from Bacteroides fragilis, Prevotella AGENCY: Office of the Secretary, DoD. ACTION: Final rule. five respondents and approximately 50 melaninogenicus, Fusobacterium representatives of Government and necrophorum, and Clostridium SUMMARY: This final rule codifies the industry attended the public meeting. perfringens, dental infections due to conditions for appropriate use and The majority of the written comments susceptible strains of S. aureus, B. defines a nontraditional Defense and discussion at the public meeting fragilis, P. melaninogenicus, F. contractor consistent with section 803 of focused on the audit policy and will be necrophorum, and C. perfringens, and the Floyd D. Spence National Defense addressed in a later rule. Only one osteomyelitis due to susceptible strains Authorization Act for Fiscal Year 2001. respondent commented on the of S. aureus, B. fragilis, P. Representatives of the military conditions of law and none commented melaninogenicus, F. necrophorum, and departments, Defense agencies and on the definition of a nontraditional C. perfringens. other DoD activities, have agreed on a Defense contractor. The following (B) For the treatment of soft tissue final rule that amends the interim rule summarizes the comments regarding the infections (wounds and abscesses), as a result of comments received. Audit conditions of law and the disposition. dental infections, and osteomyelitis policy is still being discussed and will A. Consistency of Terms caused by susceptible strains of S. be addressed by a separate rule, as aureus and for soft tissue infections appropriate. One respondent identified the use of (deep wounds and abscesses), dental undefined terms that are confusing (e.g., EFFECTIVE DATE: infections, and osteomyelitis caused by This final rule is ‘‘subordinate element of the party or or associated with susceptible strains of effective August 27, 2002. entities,’’ ‘‘awardee’’) and recommended B. fragilis, P. melaninogenicus, F. FOR FURTHER INFORMATION CONTACT: expanding upon defined terms such a necrophorum, and C. perfringens. Teresa Brooks, (703) 695–8567. business unit and segment. The (2) Cats—(i) Amount—(A) 5.0 to 15.0 SUPPLEMENTARY INFORMATION: respondent recommended defined terms mg/lb of body weight every 24 hours for Background and Purpose be consistently used through out the a maximum of 14 days. rule or definitions be added for Section 845 of the National Defense (B) 5.0 to 10.0 mg/lb of body weight undefined terms. Authorization Act for Fiscal Year 1994, Response: The DoD agrees. The final every 24 hours for a maximum of 14 Public Law 103–160, as amended, days. rule includes additional definitions and authorizes the Secretary of a Military made changes to ensure consistent use (ii) Indications for use—(A) For the Department, the Director of Defense throughout the rule. treatment of skin infections (wounds Advanced Research Projects Agency and and abscesses) due to susceptible strains any other official designated by the B. Applicability of Limitations of S. aureus, S. intermedius, Secretary of Defense, to enter into One respondent(s) questioned Streptococcus spp., deep wounds and transactions other than contracts, grants whether the statement ‘‘As a matter of abscesses due to susceptible strains of or cooperative agreements in certain policy, these same restrictions apply Clostridium perfringens and Bacteroides situations for prototype projects that are any time cost sharing may be recognized fragilis, and dental infections due to directly relevant to weapons or weapon when using OTA’’ was intended to susceptible strains of S. aureus, S. systems proposed to be acquired or apply to all OTAs, not just OTAs for intermedius, Streptococcus spp., C. developed by the Department of prototype projects. The respondent perfringens, and B. fragilis. Defense. Such transactions are recommended it be deleted from this (B) Aerobic bacteria: Treatment of soft commonly referred to as ‘‘other rule and be included in a new rule that tissue infections (wounds and transaction’’ agreements for prototype applies to all OTA. abscesses) and dental infections caused projects. To the extent that a particular Response: The DoD agrees the by or associated with susceptible strains statute or regulation is limited in its statement was confusing. The final rule of S. aureus, S. intermedius, and applicability to the use of a procurement establishes ‘‘Limitations on Cost- Streptococcus spp. Anaerobic bacteria: contract, it would generally not apply to Sharing’’ as a separate section and Treatment of soft tissue infections (deep ‘‘other transactions’’ for prototype clarifies that as a matter of policy, the wounds and abscesses) and dental projects. cost-sharing limitations will also be infections caused by or associated with Part 3 to 32 CFR was established to applied to other OT agreements for susceptible strains of C. perfringens and codify policy pertaining to prototype prototype projects that provide for non- B. fragilis. ‘‘other transactions’’ that have a Federal cost-share.

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Regulatory Evaluation Military Department, the Director of Segment. One of two or more Defense Advanced Research Projects divisions, product departments, plants, Executive Order 12866, ‘‘Regulatory Agency, and any other official or other subdivisions of an organization Planning and Review’’ designated by the Secretary of Defense, reporting directly to a home office, It has been determined that this rule to enter into transactions other than usually identified with responsibility is not a significant rule as defined under contracts, grants, or cooperative for profit and/or producing a product or section 3(f)(1) through 3(f)(4) of agreements in certain situations for service. Executive Order 12866. prototype projects that are directly Senior Procurement Executive. The Unfunded Mandates Reform Act (Sec. relevant to weapons or weapon systems following individuals: 202, Public Law 104–4) proposed to be acquired or developed (1) Department of the Army— by the Department of Defense. Assistant Secretary of the Army It has been certified that this rule does (Acquisition, Logistics and Technology); not contain a Federal mandate that may §§ 3.2, 3.3, and 3.4 [Redesignated as (2) Department of the Navy—Assistant result in the expenditure by State, local §§ 3.3, 3.4, and 3.7] Secretary of the Navy (Research, and tribal governments, in aggregate, or 3. Section 3.2, 3.3, and 3.4 are Development and Acquisition); by the private sector, of $100 million or redesignated as §§ 3.3, 3.4, and 3.7, (3) Department of the Air Force— more in any one year. respectively. Assistant Secretary of the Air Force Public Law 96–354, ‘‘Regulatory 4. New § 3.2 is added to read as (Acquisition); Flexibility Act’’ (5 U.S.C. 601) follows: (4) The Directors of Defense Agencies who have been delegated authority to It has been certified that this part is § 3.2 Background. act as Senior Procurement Executive for not subject to the Regulatory Flexibility ‘‘Other transactions’’ is the term their respective agencies. Act (5 U.S.C. 601 et seq.) because it commonly used to refer to the 10 U.S.C. Subawardee. Any business unit of a would not, if promulgated, have a 2371 authority to enter into transactions party, entity or subordinate element significant economic impact on a other than contracts, grants or performing effort under the OT substantial number of small entities. cooperative agreements. ‘‘Other prototype agreement, other than the The rule does not require additional transactions’’ are generally not subject awardee. record keeping or other significant to the Federal laws and regulations 6. New § 3.5 is added to read as expense by project participants. limited in applicability to contracts, follows: grants or cooperative agreements. As Public Law 96–511, ‘‘Paperwork § 3.5 Appropriate use. Reduction Act of 1995’’ (44 U.S.C. 3501 such, they are not required to comply et seq.) with the Federal Acquisition Regulation In accordance with statute, this (FAR) and its supplements (48 CFR). authority may be used only when: It has been certified that this rule does 5. Newly redesignated § 3.4 is (a) At least one nontraditional Defense not impose any reporting or record amended to add new definitions in contractor is participating to a keeping requirements under the alphabetical order to read as follows: significant extent in the prototype Paperwork Reduction Act of 1995. project; or § 3.4 Definitions. Federalism (Executive Order 13132) (b) No nontraditional Defense Agreements Officer. An individual contractor is participating to a It has been certified that this rule does with the authority to enter into, significant extent in the prototype not have federalism implications, as set administer, or terminate OTs for project, but at least one of the following forth in Executive Order 13132. prototype projects and make related circumstances exists: List of Subjects in 32 CFR part 3 determinations and findings. (1) At least one third of the total cost Awardee. Any business unit that is of the prototype project is to be paid out Government procurement, the direct recipient of an OT prototype of funds provided by non-Federal Transactions for prototype projects. agreement. parties to the transaction. Accordingly, part 3 of 32 CFR is Business unit. Any segment of an (2) The Senior Procurement Executive amended as follows: organization, or an entire business for the agency determines in writing organization which is not divided into that exceptional circumstances justify PART 3—TRANSACTIONS OTHER segments. the use of a transaction that provides for THAN CONTRACTS, GRANTS, OR * * * * * innovative business arrangements or COOPERATIVE AGREEMENTS FOR Nontraditional Defense contractor. A structures that would not be feasible or PROTOTYPE PROJECTS business unit that has not, for a period appropriate under a procurement 1. The authority citation for part 3 is of at least one year prior to the date of contract. revised to read as follows; the OT agreement, entered into or 7. New § 3.6 is added to read as performed on: follows: Authority: Sec. 845, Pub. L. 103–160, 107 (1) Any contract that is subject to full Stat. 1547, as amended. coverage under the cost accounting § 3.6 Limitations on cost-sharing. 2. Section 3.1 is revised to read as standards prescribed pursuant to section (a) When a nontraditional Defense follows: 26 of the Office of Federal Procurement contractor is not participating to a Policy Act (41 U.S.C. 422) and the significant extent in the prototype § 3.1 Purpose. regulations implementing such section; project and cost-sharing is the reason for This part consolidates rules that or using OT authority, then the non- implement section 845 of the National (2) Any other contract in excess of Federal amounts counted as provided, Defense Authorization Act for Fiscal $500,000 to carry out prototype projects or to be provided, by the business units Year 1994, Public Law 103–160, 107 or to perform basic, applied, or of an awardee or subawardee Stat. 1547, as amended, and have a advanced research projects for a Federal participating in the performance of the significant impact on the public. Section agency, that is subject to the Federal OT agreement may not include costs 845 authorizes the Secretary of a Acquisition Regulation. that were incurred before the date on

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which the OT agreement becomes ENVIRONMENTAL PROTECTION Arizona Department of Environmental effective. Costs that were incurred for a AGENCY Quality, 1110 West Washington Street, prototype project by the business units Phoenix, AZ 85007. 40 CFR Part 52 Maricopa County Environmental Services of an awardee or subawardee after the Department, Air Quality Division, 1001 beginning of negotiations, but prior to [AZ 111–0050a; FRL–7261–7] North central Avenue, Suite 201, Phoenix, the date the OT agreement becomes AZ 85004. effective, may be counted as non- Revision to the Arizona State A courtesy copy of the rule may be Federal amounts if and to the extent that Implementation Plan, Maricopa County Environmental Services Department available via the Internet at http:// the Agreements Officer determines in www.maricopa.gov/envsvc/air/ writing that: AGENCY: Environmental Protection ruledesc.asp. However, this version of (1) The awardee or subawardee Agency (EPA). the rule may be different than the incurred the costs in anticipation of ACTION: Direct final rule. version submitted to EPA for approval. entering into the OT agreement; and Readers are cautioned to verify that the SUMMARY: EPA is taking direct final (2) It was appropriate for the awardee adoption date of the rule listed is the action to approve a revision to the or subawardee to incur the costs before same as the rule submitted to EPA for Maricopa County Environmental the OT agreement became effective in approval. The official submittal is only Services Department (MCESD) portion available at the agency addresses listed order to ensure the successful of the Arizona State Implementation above. implementation of the OT agreement. Plan (SIP). Under authority of the Clean FOR FURTHER INFORMATION CONTACT: Al (b) As a matter of policy, these Air Act as amended in 1990 (CAA or the Petersen, Rulemaking Office (AIR–4), limitations on cost-sharing apply any Act), we are approving a local rule that U.S. Environmental Protection Agency, time cost-sharing may be recognized regulates excess emissions from Region IX; (415) 947–4118. when using OT authority for prototype malfunctions, startups, and shutdowns. SUPPLEMENTARY INFORMATION: projects. DATES: This rule is effective on October Throughout this document, ‘‘we,’’ ‘‘us’’ 8. Newly redesignated § 3.7 is 28, 2002, without further notice, unless and ‘‘our’’ refer to EPA. EPA receives adverse comments by amended by revising the section September 26, 2002. If we receive such Table of Contents heading to read as follows: comment, we will publish a timely I. The State’s Submittal § 3.7 Comptroller General access. withdrawal in the Federal Register to A. What Rule Did the State Submit? notify the public that this rule will not B. Are There Other Versions of This Rule? * * * * * take effect. C. What Is the Purpose of the Submitted Dated: August 14, 2002. Rule? ADDRESSES: Mail comments to Gerardo II. EPA’s Evaluation and Action Patricia L. Toppings, Rios, Permits Office Chief (AIR–3), U.S. A. How Is EPA Evaluating the Rule? Alternate OSD Federal Register Liaison Environmental Protection Agency, B. Does the Rule Meet the Evaluation Officer, Department of Defense. Region IX, 75 Hawthorne Street, San Criteria? [FR Doc. 02–21267 Filed 8–26–02; 8:45 am] Francisco, CA 94105. C. Public Comment and Final Action III. Background Information BILLING CODE 5001–08–M You can inspect a copy of the submitted SIP revision and EPA’s A. Why Was This Rule Submitted? technical support document (TSD) at IV. Administrative Requirements our Region IX office during normal I. The State’s Submittal business hours. You may also see a copy of the submitted SIP revision at the A. What Rule Did the State Submit? following locations: Table 1 lists the rule we are approving Environmental Protection Agency, Air with the dates that it was adopted by the Docket (6102), Ariel Rios Building, 1200 local air agency and submitted by the Pennsylvania Avenue, NW., Washington Arizona Department of Environmental D.C. 20460. Quality.

TABLE 1.—SUBMITTED RULES

Local agency Rule No. Rule title Revised Submitted

MCESD ...... 140 Excess Emissions...... 09/05/01 02/22/02

On April 12, 2002 this rule submittal C. What Is the Purpose of the Submitted 140. Moreover, the affirmative defense was found to meet the completeness Rule? does not apply to a SIP provision criteria in 40 CFR Part 51 Appendix V, The purpose of Rule 140 is to provide required by federally promulgated which must be met before formal EPA an owner and/or operator of a source performance standards or emission review. who has been charged with a violation limits, such as new source performance standards (NSPS) and national emission B. Are There Other Versions of This for excess emissions with an affirmative standards for hazardous air pollutants Rule? defense to a civil or administrative enforcement penalty. To qualify for the (NESHAPS). The defense also does not There is no previous version of Rule limited affirmative defense to a penalty apply to violations in areas where a 140 in the SIP. action, the source must demonstrate single source has the potential to cause compliance with listed criteria and an exceedence of the National Ambient reporting requirements set forth in Rule Air Quality Standards (NAAQS) or

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Prevention of Significant Deterioration submitted rule. If we receive adverse on the relationship between the national (PSD) increments. The TSD has more comments by September 26, 2002, we government and the States, or on the information about this rule. will publish a timely withdrawal in the distribution of power and Federal Register to notify the public responsibilities among the various II. EPA’s Evaluation and Action that the direct final approval will not levels of government, as specified in A. How Is EPA Evaluating the Rule? take effect and we will address the Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely This rule contains administrative comments in a subsequent final action approves a state rule implementing a provisions and standards that apply to based on the proposal. If we do not Federal standard, and does not alter the emission controls found in other local receive timely adverse comments, the relationship or the distribution of power agency requirements. In combination direct final approval will be effective and responsibilities established in the with those other requirements, this rule without further notice on October 28, CAA. This rule also is not subject to must be enforceable (see section 110(a) 2002. This will incorporate this rule Executive Order 13045, ‘‘Protection of of the CAA) and must not relax existing into the federally enforceable SIP. Children from Environmental Health requirements (see sections 110(l) and III. Background Information Risks and Safety Risks’’ (62 FR 19885, 193). EPA policy that we used to define A. Why Was This Rule Submitted? April 23, 1997), because it is not specific enforceability requirements economically significant. includes: Section 110(a) of the CAA requires • In reviewing SIP submissions, EPA’s State Implementation Plans: Policy states to submit regulations that control role is to approve state choices, Regarding Excess Emissions during volatile organic compounds, oxides of provided that they meet the criteria of Malfunctions, Startup, and Shutdown, nitrogen, particulate matter, and other the CAA. In this context, in the absence EPA Memorandum from Steven Herman air pollutants which harm human health of a prior existing requirement for the and Robert Perciasepe to Regional and the environment. This rule was State to use voluntary consensus Administrators, Regions I–X (September developed as part of the local agency’s standards (VCS), EPA has no authority 20, 1999). program to control these pollutants. to disapprove a SIP submission for • Issues Relating to VOC Regulation IV. Administrative Requirements failure to use VCS. It would thus be Cutpoints, Deficiencies, and Deviations; inconsistent with applicable law for Clarification to Appendix D, November Under Executive Order 12866 (58 FR EPA, when it reviews a SIP submission, 24, 1987 Federal Register Notice, (Blue 51735, October 4, 1993), this action is to use VCS in place of a SIP submission Book), notice of availability published not a ‘‘significant regulatory action’’ and that otherwise satisfies the provisions of in the May 25, 1988 Federal Register. therefore is not subject to review by the the CAA. Thus, the requirements of Office of Management and Budget. For section 12(d) of the National B. Does the Rule Meet the Evaluation this reason, this action is also not Criteria? Technology Transfer and Advancement subject to Executive Order 13211, Act of 1995 (15 U.S.C. 272 note) do not Rule 140 excludes injunctive relief, ‘‘Actions Concerning Regulations That apply. This rule does not impose an federally promulgated emission Significantly Affect Energy Supply, information collection burden under the standards or limitations, and violations Distribution, or Use’’ (66 FR 28355, May provisions of the Paperwork Reduction in areas with single sources have the 22, 2001). This action merely approves Act of 1995 (44 U.S.C. 3501 et seq.). potential to exceed the NAAQS from the state law as meeting federal The Congressional Review Act, 5 rule’s affirmative defense to requirements and imposes no additional U.S.C. section 801 et seq., as added by enforcement penalties. Rule 140 requirements beyond those imposed by the Small Business Regulatory excludes any violation of standards and state law. Accordingly, the Enforcement Fairness Act of 1996, limitations included in a permit to meet Administrator certifies that this rule generally provides that before a rule requirements for pollutant significance will not have a significant economic may take effect, the agency levels in adjacent nonattainment areas impact on a substantial number of small promulgating the rule must submit a where primary or secondary ambient air entities under the Regulatory Flexibility rule report, which includes a copy of quality standards are being violated. Act (5 U.S.C. 601 et seq.). Because this the rule, to each House of the Congress These exclusions assure that Rule 140 rule approves pre-existing requirements and to the Comptroller General of the will not interfere with the NAAQS and under state law and does not impose United States. EPA will submit a report PSD increments, as required by sections any additional enforceable duty beyond containing this rule and other required 110(a) and (l) of the CAA. that required by state law, it does not information to the U.S. Senate, the U.S. We believe Rule 140 is consistent contain any unfunded mandate or House of Representatives, and the with the relevant policy and guidance significantly or uniquely affect small Comptroller General of the United regarding enforceability, SIP relaxations, governments, as described in the States prior to publication of the rule in and EPA’s policy regarding excess Unfunded Mandates Reform Act of 1995 the Federal Register. A major rule emissions. The TSD has more (Pub. L. 104–4). cannot take effect until 60 days after it information on our evaluation. This rule also does not have tribal is published in the Federal Register. implications because it will not have a This action is not a ‘‘major rule’’ as C. Public Comment and Final Action substantial direct effect on one or more defined by 5 U.S.C. section 804(2). As authorized in section 110(k)(3) of Indian tribes, on the relationship Under section 307(b)(1) of the CAA, the CAA, EPA is fully approving the between the Federal Government and petitions for judicial review of this submitted rule because we believe it Indian tribes, or on the distribution of action must be filed in the United States fulfills all relevant requirements. We do power and responsibilities between the Court of Appeals for the appropriate not think anyone will object to this Federal Government and Indian tribes, circuit by October 28, 2002. Filing a approval, so we are finalizing it without as specified by Executive Order 13175 petition for reconsideration by the proposing it in advance. However, in (65 FR 67249, November 9, 2000). This Administrator of this final rule does not the Proposed Rules section of this action also does not have Federalism affect the finality of this rule for the Federal Register, we are simultaneously implications because it does not have purposes of judicial review nor does it proposing approval of the same substantial direct effects on the States, extend the time within which a petition

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for judicial review may be filed, and construction permit requirements. We regulations or other enforceable shall not postpone the effectiveness of are approving this revision to ensure documents and supporting information such rule or action. This action may not consistency between the state and such as emission inventories, be challenged later in proceedings to Federally-approved rules, and to ensure monitoring networks, and modeling enforce its requirements. Section Federal enforceability of the state’s demonstrations. 307(b)(2). revised rule. What Is the Federal Approval Process List of Subjects in 40 CFR Part 52 DATES: This direct final rule will be for a SIP? effective October 28, 2002, unless EPA Environmental protection, Air receives adverse comments by In order for state regulations to be pollution control, Incorporation by September 26, 2002. If adverse incorporated into the Federally- reference, Intergovernmental relations, comments are received, EPA will enforceable SIP, states must formally Reporting and recordkeeping publish a timely withdrawal of the adopt the regulations and control requirements. direct final rule in the Federal Register strategies consistent with state and Dated: July 25, 2002. informing the public that the rule will Federal requirements. This process Keith Takata, not take effect. generally includes a public notice, Acting Regional Administrator, Region IX. ADDRESSES: Comments may be mailed to public hearing, public comment period, Wayne Kaiser, Environmental and a formal adoption by a state- Part 52, chapter I, title 40 of the Code authorized rulemaking body. of Federal Regulations is amended as Protection Agency, Air Planning and Once a state rule, regulation, or follows: Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. control strategy is adopted, the state PART 52—[AMENDED] Copies of documents relative to this submits it to us for inclusion into the action are available for public SIP. We must provide public notice and 1. The authority citation for part 52 inspection during normal business seek additional public comment continues to read as follows: hours at the above-listed Region 7 regarding the proposed Federal action Authority: 42 U.S.C. 7401 et seq. location. The interested persons on the state submission. If adverse wanting to examine these documents comments are received, they must be Subpart D—Arizona should make an appointment with the addressed prior to any final Federal action by us. 2. Section 52.120 is amended by office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: All state regulations and supporting adding paragraph (c)(106) to read as information approved by EPA under follows: Wayne Kaiser at (913) 551–7603. section 110 of the CAA are incorporated § 52.120 Identification of plan. into the Federally-approved SIP. SUPPLEMENTARY INFORMATION: Records of such SIP actions are * * * * * Throughout this document whenever (c) * * * maintained in the Code of Federal ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Regulations (CFR) at Title 40, Part 52, (106) Amended rule for the following EPA. This section provides additional agency was submitted on February 22, entitled ‘‘Approval and Promulgation of information by addressing the following Implementation Plans.’’ The actual state 2002, by the governor’s designee. questions: (i) Incorporation by reference. regulations which are approved are not (A) Maricopa County Environmental What Is a SIP? reproduced in their entirety in the CFR What Is the Federal Approval Process for a outright but are ‘‘incorporated by Services Department. SIP? (1) Rule 140, revised on September 5, reference,’’ which means that we have What Does Federal Approval of a State approved a given state regulation with 2001. Regulation Mean to Me? a specific effective date. * * * * * What Is Being Addressed in This Document? [FR Doc. 02–21663 Filed 8–26–02; 8:45 am] Have the Requirements for Approval of a SIP What Does Federal Approval of a State Revision Been Met? Regulation Mean to Me? BILLING CODE 6560–50–P What Action Is EPA Taking? Enforcement of the state regulation What Is a SIP? before and after it is incorporated into ENVIRONMENTAL PROTECTION Section 110 of the Clean Air Act the Federally-approved SIP is primarily AGENCY (CAA) requires states to develop air a state responsibility. However, after the 40 CFR Part 52 pollution regulations and control regulation is Federally approved, we are strategies to ensure that state air quality authorized to take enforcement action [MO 160–1160a; FRL–7267–6] meets the national ambient air quality against violators. Citizens are also standards established by EPA. These offered legal recourse to address Approval and Promulgation of ambient standards are established under violations as described in section 304 of Implementation Plans; State of section 109 of the CAA, and they the CAA. Missouri currently address six criteria pollutants. What Is Being Addressed in This These pollutants are: Carbon monoxide, AGENCY: Environmental Protection Document? Agency (EPA). nitrogen dioxide, ozone, lead, ACTION: Direct final rule. particulate matter, and sulfur dioxide. On May 30, 2002, we received a Each state must submit these request from the Missouri Department of SUMMARY: EPA is approving a State regulations and control strategies to us Natural Resources (MDNR) to amend the Implementation Plan (SIP) revision for approval and incorporation into the Missouri SIP. This request pertained to submitted by the state of Missouri. This Federally-enforceable SIP. rule 10 C.S.R. 10–6.060, Construction revision to the state’s construction Each Federally-approved SIP protects Permits Required. This rule defines permits rule exempts incinerators used air quality primarily by addressing air sources which are required to obtain for the on-site noncommercial pollution at its point of origin. These permits to construct and establishes incineration of dead animals from the SIPs can be extensive, containing state requirements to be met prior to

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construction or modification of any of Construction Permits Required, standards (VCS), EPA has no authority these sources. pursuant to section 110 of the CAA. to disapprove a SIP submission for Prior to this revision, this rule applied failure to use VCS. It would thus be Administrative Requirements to all incinerators. However, on May 28, inconsistent with applicable law for 2000, the MDNR was notified by the Under Executive Order 12866 (58 FR EPA, when it reviews a SIP submission, state Attorney General’s office that the 51735, October 4, 1993), this action is to use VCS in place of a SIP submission authority to regulate these types of not a ‘‘significant regulatory action’’ and that otherwise satisfies the provisions of incinerators was limited by state statute therefore is not subject to review by the the CAA. Thus, the requirements of to the University of Missouri Extension Office of Management and Budget. For section 12(d) of the National Service. this reason, this action is also not Technology Transfer and Advancement On the recommendation of the subject to Executive Order 13211, Act of 1995 (15 U.S.C. 272 note) do not Attorney General’s office, the MDNR has ‘‘Actions Concerning Regulations That apply. This rule does not impose an revised this rule to add an exemption Significantly Affect Energy Supply, information collection burden under the for this type of incinerator. Specifically, Distribution, or Use’’ (66 FR 28355, May provisions of the Paperwork Reduction subparagraph (O) was added to 22, 2001). This action merely approves Act of 1995 (44 U.S.C. 3501 et seq.). subsection (1)(D)(1)—Exempt Emission state law as meeting Federal The Congressional Review Act, 5 requirements and imposes no additional Units. This exemption reads: U.S.C. 801 et seq., as added by the Small requirements beyond those imposed by ‘‘Noncommercial incineration of dead Business Regulatory Enforcement state law. Accordingly, the animals, the on-site incineration of Fairness Act of 1996, generally provides Administrator certifies that this rule resident animals for which no that before a rule may take effect, the will not have a significant economic consideration is received or commercial agency promulgating the rule must impact on a substantial number of small profit is realized, as authorized in submit a rule report, which includes a entities under the Regulatory Flexibility section 269.020.6, RSMo 2000.’’ copy of the rule, to each House of the Act (5 U.S.C. 601 et seq.). Because this The MDNR has submitted emission Congress and to the Comptroller General rule approves pre-existing requirements inventory information which confirms of the United States. EPA will submit a that emissions from these sources is under state law and does not impose any additional enforceable duty beyond report containing this rule and other minimal (for example, particulate required information to the U.S. Senate, emissions are approximately one ton per that required by state law, it does not contain any unfunded mandate or the U.S. House of Representatives, and year, or less), and that this exemption is the Comptroller General of the United not likely to have an adverse impact on significantly or uniquely affect small governments, as described in the States prior to publication of the rule in ambient air quality. These sources will the Federal Register. A major rule continue to be constructed and operated Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). cannot take effect until 60 days after it in accordance with the requirements of is published in the Federal Register. the University of Missouri Extension This rule also does not have tribal implications because it will not have a This action is not a ‘‘major rule’’ as Service. Thus, we are taking action to defined by 5 U.S.C. 804(2). approve this revision to the Missouri substantial direct effect on one or more SIP. Indian tribes, on the relationship Under section 307(b)(1) of the CAA, between the Federal Government and petitions for judicial review of this Have the Requirements for Approval of Indian tribes, or on the distribution of action must be filed in the United States a SIP Revision Been Met? power and responsibilities between the Court of Appeals for the appropriate The state submittal has met the public Federal Government and Indian tribes, circuit by October 28, 2002. Filing a notice requirements for SIP submissions as specified by Executive Order 13175 petition for reconsideration by the in accordance with 40 CFR 51.102. The (65 FR 67249, November 9, 2000). This Administrator of this final rule does not submittal also satisfied the action also does not have Federalism affect the finality of this rule for the completeness criteria of 40 CFR part 51, implications because it does not have purposes of judicial review nor does it appendix V. In addition, as explained substantial direct effects on the States, extend the time within which a petition above and in more detail in the on the relationship between the national for judicial review may be filed, and technical support document which is government and the States, or on the shall not postpone the effectiveness of part of this document, the revision distribution of power and such rule or action. This action may not meets the substantive SIP requirements responsibilities among the various be challenged later in proceedings to of the CAA, including section 110 and levels of government, as specified in enforce its requirements. (See section implementing regulations. Executive Order 13132 (64 FR 43255, 307(b)(2).) August 10, 1999). This action merely List of Subjects in 40 CFR Part 52 What Action Is EPA Taking? approves a state rule implementing a We are processing this action as a Federal standard, and does not alter the Environmental protection, Air final action because the revisions make relationship or the distribution of power pollution control, Carbon monoxide, routine changes to the existing rules and responsibilities established in the Incorporation by reference, which are noncontroversial. Therefore, CAA. This rule also is not subject to Intergovernmental relations, Lead, we do not anticipate any adverse Executive Order 13045, ‘‘Protection of Nitrogen dioxide, Ozone, Particulate comments. Please note that if EPA Children from Environmental Health matter, Reporting and recordkeeping receives adverse comment on part of Risks and Safety Risks’’ (62 FR 19885, requirements, Sulfur oxides, Volatile this rule and if that part can be severed April 23, 1997), because it is not organic compounds. from the remainder of the rule, EPA may economically significant. Dated: August 14, 2002. In reviewing SIP submissions, EPA’s adopt as final those parts of the rule that James B. Gulliford, are not the subject of an adverse role is to approve state choices, Regional Administrator, Region 7. comment. provided that they meet the criteria of Final action: EPA is approving as an the CAA. In this context, in the absence Chapter I, title 40 of the Code of amendment to the Missouri SIP of a prior existing requirement for the Federal Regulations is amended as revisions to rule 10 C.S.R. 10–6.060, State to use voluntary consensus follows:

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PART 52—[AMENDED] Subpart AA—Missouri § 52.1320 Identification of plan. * * * * * 1. The authority citation for part 52 2. In § 52.1320(c) the table is amended (c) * * * continues to read as follows: under Chapter 6 by revising the entry Authority: 42 U.S.C. 7401 et seq. for ‘‘10–6.060’’ to read as follows:

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective date EPA approval date Explanation

Missouri Department of Natural Resources

******* Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri

******* 10–6.060 ...... Construction Permits 5/30/02 8/27/02 and FR Section 9, pertaining to hazardous air pollutants, Required. cite. is not part of the SIP.

*******

* * * * * Development Branch, 901 North 5th Each Federally-approved SIP protects [FR Doc. 02–21667 Filed 8–26–02; 8:45 am] Street, Kansas City, Kansas 66101. air quality primarily by addressing air BILLING CODE 6560–50–P Copies of documents relative to this pollution at its point of origin. These action are available for public SIPs can be extensive, containing state inspection during normal business regulations or other enforceable ENVIRONMENTAL PROTECTION hours at the above-listed Region 7 documents and supporting information AGENCY location. The interested persons such as emission inventories, wanting to examine these documents monitoring networks, and modeling 40 CFR Part 52 should make an appointment with the demonstrations. office at least 24 hours in advance. What Is the Federal Approval Process FOR FURTHER INFORMATION CONTACT: [MO 158–1158a; FRL–7267–3] for an SIP? Wayne Kaiser at (913) 551–7603. Approval and Promulgation of SUPPLEMENTARY INFORMATION: In order for state regulations to be Implementation Plans; State of Throughout this document whenever incorporated into the Federally- Missouri ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean enforceable SIP, states must formally EPA. This section provides additional adopt the regulations and control AGENCY: Environmental Protection strategies consistent with state and Agency (EPA). information by addressing the following questions: Federal requirements. This process ACTION: Direct final rule. generally includes a public notice, What Is an SIP? public hearing, public comment period, SUMMARY: EPA is approving a State What Is the Federal Approval Process for and a formal adoption by a state- Implementation Plan (SIP) revision an SIP? authorized rulemaking body. submitted by the state of Missouri. This What Does Federal Approval of a State Regulation Mean to Me? Once a state rule, regulation, or revision pertains to the state’s What Is being Addressed in This control strategy is adopted, the state compliance monitoring usage rule. This Document? submits it to us for inclusion into the revision corrects a reference in the rule Have the Requirements for Approval of an SIP. We must provide public notice and so that Federal monitoring methods are SIP Revision Been Met? What Action Is EPA Taking? seek additional public comment now acceptable as a means to regarding the proposed Federal action demonstrate compliance. This revision What Is an SIP? on the state submission. If adverse will ensure consistency between the comments are received, they must be state and Federally-approved rules, and Section 110 of the Clean Air Act (CAA) requires states to develop air addressed prior to any final Federal ensure Federal enforceability of the action by us. state’s revised rule. pollution regulations and control strategies to ensure that state air quality All state regulations and supporting DATES: This direct final rule will be meets the national ambient air quality information approved by EPA under effective October 28, 2002, unless EPA standards established by EPA. These section 110 of the CAA are incorporated receives adverse comments by ambient standards are established under into the Federally-approved SIP. September 26, 2002. If adverse section 109 of the CAA, and they Records of such SIP actions are comments are received, EPA will currently address six criteria pollutants. maintained in the Code of Federal publish a timely withdrawal of the These pollutants are: Carbon monoxide, Regulations (CFR) at Title 40, Part 52, direct final rule in the Federal Register nitrogen dioxide, ozone, lead, entitled ‘‘Approval and Promulgation of informing the public that the rule will particulate matter, and sulfur dioxide. Implementation Plans.’’ The actual state not take effect. Each state must submit these regulations which are approved are not ADDRESSES: Comments may be mailed to regulations and control strategies to us reproduced in their entirety in the CFR Wayne Kaiser, Environmental for approval and incorporation into the outright but are ‘‘incorporated by Protection Agency, Air Planning and Federally-enforceable SIP. reference,’’ which means that we have

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approved a given state regulation with What Action Is EPA Taking? August 10, 1999). This action merely a specific effective date. We are processing this action as a approves a state rule implementing a Federal standard, and does not alter the What Does Federal Approval of a State final action because the revisions make relationship or the distribution of power Regulation Mean to Me? routine changes to the existing rules and responsibilities established in the Enforcement of the state regulation which are noncontroversial. Therefore, we do not anticipate any adverse CAA. This rule also is not subject to before and after it is incorporated into Executive Order 13045, ‘‘Protection of the Federally-approved SIP is primarily comments. Please note that if EPA receives adverse comment on part of Children from Environmental Health a state responsibility. However, after the Risks and Safety Risks’’ (62 FR 19885, this rule and if that part can be severed regulation is Federally approved, we are April 23, 1997), because it is not from the remainder of the rule, EPA may authorized to take enforcement action economically significant. against violators. Citizens are also adopt as final those parts of the rule that In reviewing SIP submissions, EPA’s offered legal recourse to address are not the subject of an adverse role is to approve state choices, violations as described in section 304 of comment. provided that they meet the criteria of Final action: EPA is approving as an the CAA. the CAA. In this context, in the absence amendment to the Missouri SIP, of a prior existing requirement for the What Is Being Addressed in This revisions to rule 10 CSR 10–6.280, State to use voluntary consensus Document? Compliance Monitoring Usage, pursuant standards (VCS), EPA has no authority On April 26, 2002, we received a to section 110 of the CAA. to disapprove an SIP submission for request from the Missouri Department of Administrative Requirements failure to use VCS. It would thus be Natural Resources to amend the inconsistent with applicable law for Under Executive Order 12866 (58 FR Missouri SIP. This request pertained to EPA, when it reviews an SIP 51735, October 4, 1993), this action is rule 10 CSR 10–6.280, Compliance submission, to use VCS in place of an not a ‘‘significant regulatory action’’ and Monitoring Usage. The purpose of this SIP submission that otherwise satisfies therefore is not subject to review by the rule is to establish acceptable alternate the provisions of the CAA. Thus, the Office of Management and Budget. For compliance certification methods for requirements of section 12(d) of the sources submitting compliance this reason, this action is also not National Technology Transfer and certifications and to establish credible subject to Executive Order 13211, Advancement Act of 1995 (15 U.S.C. evidence of compliance. ‘‘Actions Concerning Regulations That 272 note) do not apply. This rule does Prior to this revision, the state rule Significantly Affect Energy Supply, not impose an information collection made reference to rule 10 CSR 10–6.290, Distribution, or Use’’ (66 FR 28355, May burden under the provisions of the Enhanced Monitoring, which was to be 22, 2001). This action merely approves Paperwork Reduction Act of 1995 (44 adopted in the future. This rule was state law as meeting Federal U.S.C. 3501 et seq.). never developed. The state decided requirements and imposes no additional The Congressional Review Act, 5 instead to reference the monitoring requirements beyond those imposed by U.S.C. 801 et seq., as added by the Small methods in 40 CFR part 64 as one of the state law. Accordingly, the Business Regulatory Enforcement methods available to sources needing to Administrator certifies that this rule Fairness Act of 1996, generally provides submit a compliance certification and to will not have a significant economic that before a rule may take effect, the establish credible evidence of impact on a substantial number of small agency promulgating the rule must compliance. Therefore, the state rule has entities under the Regulatory Flexibility submit a rule report, which includes a been revised in two places to delete the Act (5 U.S.C. 601 et seq.). Because this copy of the rule, to each House of the reference to 10 CSR 10–6.290, and to rule approves pre-existing requirements Congress and to the Comptroller General add the reference to 40 CFR part 64. under state law and does not impose of the United States. EPA will submit a Specifically, paragraph 1 of any additional enforceable duty beyond report containing this rule and other subsections (A) and (B), section (3) that required by state law, it does not required information to the U.S. Senate, General Provisions, was revised to read contain any unfunded mandate or the U.S. House of Representatives, and as follows, ‘‘Monitoring methods significantly or uniquely affect small the Comptroller General of the United outlined in 40 CFR part 64.’’ governments, as described in the States prior to publication of the rule in Since this revision corrects the Unfunded Mandates Reform Act of 1995 the Federal Register. A major rule reference to a non-existing rule and now (Pub. L. 104–4). cannot take effect until 60 days after it references the federal monitoring This rule also does not have tribal is published in the Federal Register. methods, we are taking action to implications because it will not have a This action is not a ‘‘major rule’’ as approve this revision to the Missouri substantial direct effect on one or more defined by 5 U.S.C. 804(2). SIP. Indian tribes, on the relationship Under section 307(b)(1) of the CAA, between the Federal Government and petitions for judicial review of this Have the Requirements for Approval of Indian tribes, or on the distribution of action must be filed in the United States an SIP Revision Been Met? power and responsibilities between the Court of Appeals for the appropriate The state submittal has met the public Federal Government and Indian tribes, circuit by October 28, 2002. Filing a notice requirements for SIP submissions as specified by Executive Order 13175 petition for reconsideration by the in accordance with 40 CFR 51.102. The (65 FR 67249, November 9, 2000). This Administrator of this final rule does not submittal also satisfied the action also does not have Federalism affect the finality of this rule for the completeness criteria of 40 CFR part 51, implications because it does not have purposes of judicial review nor does it appendix V. In addition, as explained substantial direct effects on the States, extend the time within which a petition above and in more detail in the on the relationship between the national for judicial review may be filed, and technical support document which is government and the States, or on the shall not postpone the effectiveness of part of this document, the revision distribution of power and such rule or action. This action may not meets the substantive SIP requirements responsibilities among the various be challenged later in proceedings to of the CAA, including section 110 and levels of government, as specified in enforce its requirements. (See section implementing regulations. Executive Order 13132 (64 FR 43255, 307(b)(2).)

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List of Subjects in 40 CFR Part 52 Dated: August 12, 2002. Authority: 42 U.S.C. 7401 et seq. William A. Spratlin, Environmental protection, Air Acting Regional Administrator, Region 7. Subpart AA—Missouri pollution control, Carbon monoxide, Chapter I, title 40 of the Code of Incorporation by reference, 2. In § 52.1320(c) the table under Federal Regulations is amended as Intergovernmental relations, Lead, Chapter 6 is amended by revising the follows: Nitrogen dioxide, Ozone, Particulate entry for ‘‘10–6.280’’ to read as follows: matter, Reporting and recordkeeping PART 52—[AMENDED] § 52.1320 Identification of plan. requirements, Sulfur oxides, Volatile * * * * * organic compounds. 1. The authority citation for part 52 continues to read as follows: (c) * * *

EPA-APPROVED MISSOURI REGULATIONS

State effective EPA approval Missouri citation Title date date Explanation

Missouri Department of Natural Resources

******* Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri

******* 10–6.280 ...... Compliance Monitoring Usage ...... 3/30/02 8/27/02 and FR cite

*******

* * * * * the deadline required by the Clean Air FOR FURTHER INFORMATION CONTACT: [FR Doc. 02–21659 Filed 8–26–02; 8:45 am] Act (CAA). EPA is also finalizing its Dave Jesson, EPA Region 9, (415) 972– BILLING CODE 6560–50–P approval of the 1-hour ozone 3957, or [email protected]. contingency measures as revisions to the Santa Barbara portion of the SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION California State Implementation Plan Throughout this document, ‘‘we,’’ ‘‘us,’’ AGENCY (SIP). and ‘‘our’’ refer to EPA. I. Proposed Action 40 CFR Part 52 EFFECTIVE DATE: This rule is effective on September 26, 2002. On July 1, 2002 (67 FR 44128), we [CA 268–0360; FRL–7263–8] ADDRESSES: You can inspect copies of proposed to find that the Santa Barbara the docket for this action at EPA’s Determination of Attainment of the County nonattainment area (‘‘Santa Region 9 office during normal business 1-Hour Ozone Standard for the Santa Barbara area’’) had attained the 1-hour Barbara County Area, CA hours. You can inspect copies of the submitted SIP revision at the following ozone national ambient air quality AGENCY: Environmental Protection locations: standard (NAAQS) by the applicable Agency (EPA). deadline of November 15, 1999. We also U.S. EPA, Region 9, 75 Hawthorne Street, proposed to approve under CAA section ACTION: Final rule. San Francisco, CA 94105–3901. California Air Resources Board, 1001 I Street, 110(k)(3) the contingency measures in SUMMARY: In this rulemaking, EPA is Sacramento, CA 95814 Santa Barbara’s 2001 Clean Air Plan, as finalizing its determination that the Santa Barbara County Air Pollution Control shown below in ‘‘Table 1—Contingency Santa Barbara County area has attained District, 26 Castilian Drive, Suite B–23, Measures.’’ the 1-hour ozone air quality standard by Goleta, CA 93117

TABLE 1.—CONTINGENCY MEASURES [Source: 2001 Clean Air Plan, Table 4–3]

Emission reductions in CAP control Adoption tons per day (with full Rule No. measure ID Description schedule implementation)

VOC NOX

323 ...... R–SC–1 ...... Architectural Coatings (Revision) ...... 2001–2003 0.0998 0 333 ...... N–IC–1 ...... Stationary IC Engines ...... 2002–2003 0.0008 0.0128 N–IC–3 ...... 360 ...... N–XC–2 ...... Large Water Heaters & Small Boilers, Steam Generators, Process 2001–2003 0 1 0.133 Heaters (75,000 Btu/hr to <2 MMBtu/hr). 321 ...... R–SL–1 ...... Solvent Degreasers (Revision) ...... 2004–2006 0.0562 0 362 ...... R–SL–2 ...... Solvent Cleaning Operations ...... 2004–2006 1.0103 0 363 ...... N–IC–2 ...... Gas Turbines ...... 2004–2006 0 0 358 ...... R–SL–4 ...... Electronic Industry—Semiconductor Manufacturing ...... 2007–2009 2 0.0026 0

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TABLE 1.—CONTINGENCY MEASURES—Continued [Source: 2001 Clean Air Plan, Table 4–3]

Emission reductions in CAP control Adoption tons per day (with full Rule No. measure ID Description schedule implementation)

VOC NOX

361 ...... N–XC–4 ...... Small Industrial and Commercial Boilers, Steam Generators, and Proc- 2007–2009 0 3 0.0028 ess Heaters (2 MMBtu/hr to <5 MMBtu/hr). 1 This is with 15% implementation, the highest implementation figure available from the Santa Barbara County Air Pollution Control District’s analysis. 2 The data shown is for source classification code (SCC) number 3–13–065–06 only. The emission data for the SCC numbers and the cat- egory of emission source (CES) numbers subject to Rule 358 are included in the Rule 321 or Rule 361 emission reduction summaries. 3 The emission reductions shown are based on Rule 361 being a point-of-sale type rule.

The proposed action contains more Unfunded Mandates Reform Act of 1995 272 note) do not apply. This rule does information on the attainment finding, (Pub. L. 104–4). not impose an information collection the Santa Barbara contingency This rule also does not have tribal burden under the provisions of the measures, and our evaluation. implications because it will not have a Paperwork Reduction Act of 1995 (44 substantial direct effect on one or more U.S.C. 3501 et seq.). II. Public Comments Indian tribes, on the relationship The Congressional Review Act, 5 between the Federal Government and We received no public comments on U.S.C. 801 et seq., as added by the Small Indian tribes, or on the distribution of the proposed action. Business Regulatory Enforcement power and responsibilities between the III. EPA Action Federal Government and Indian tribes, Fairness Act of 1996, generally provides as specified by Executive Order 13175 that before a rule may take effect, the Under CAA section 181(b)(2)(A), we (65 FR 67249, November 9, 2000). This agency promulgating the rule must are finalizing our finding that Santa action also does not have Federalism submit a rule report, which includes a Barbara has attained the 1-hour ozone implications because it does not have copy of the rule, to each House of the NAAQS by the applicable deadline. We substantial direct effects on the States, Congress and to the Comptroller General are also approving the contingency on the relationship between the national of the United States. EPA will submit a measures identified in Table 1, under government and the States, or on the report containing this rule and other CAA section 110(k)(3). distribution of power and required information to the U.S. Senate, the U.S. House of Representatives, and IV. Administrative Requirements responsibilities among the various levels of government, as specified in the Comptroller General of the United Under Executive Order 12866 (58 FR Executive Order 13132 (64 FR 43255, States prior to publication of the rule in 51735, October 4, 1993), this action is August 10, 1999). This action merely the Federal Register. A major rule not a ‘‘significant regulatory action’’ and approves a state rule implementing a cannot take effect until 60 days after it therefore is not subject to review by the Federal standard and finds that an area is published in the Federal Register. Office of Management and Budget. For has attained applicable air quality This action is not a ‘‘major rule’’ as this reason, this action is also not standards, and does not alter the defined by 5 U.S.C. 804(2). subject to Executive Order 13211, relationship or the distribution of power Under section 307(b)(1) of the Clean ‘‘Actions Concerning Regulations That and responsibilities established in the Air Act, petitions for judicial review of Significantly Affect Energy Supply, Clean Air Act. This rule also is not this action must be filed in the United Distribution, or Use’’ (66 FR 28355, May subject to Executive Order 13045, States Court of Appeals for the 22, 2001). This action merely approves ‘‘Protection of Children from appropriate circuit by October 28, 2002. state law as meeting federal Environmental Health Risks and Safety Filing a petition for reconsideration by requirements and finds that an area has Risks’’ (62 FR 19885, April 23, 1997), the Administrator of this final rule does attained a previously-established because it is not economically not affect the finality of this rule for the national ambient air quality standard significant. purposes of judicial review nor does it based on an objective review of In reviewing SIP submissions, EPA’s extend the time within which a petition measured air quality data. As such, the role is to approve state choices, for judicial review may be filed, and action imposes no additional provided that they meet the criteria of shall not postpone the effectiveness of requirements beyond those imposed by the Clean Air Act. In this context, in the such rule or action. This action may not state law. Accordingly, the absence of a prior existing requirement be challenged later in proceedings to Administrator certifies that this rule for the State to use voluntary consensus enforce its requirements. (See section will not have a significant economic standards (VCS), EPA has no authority 307(b)(2).) impact on a substantial number of small to disapprove a SIP submission for entities under the Regulatory Flexibility failure to use VCS. It would thus be List of Subjects in 40 CFR Part 52 Act (5 U.S.C. 601 et seq.). Because this inconsistent with applicable law for rule approves pre-existing requirements EPA, when it reviews a SIP submission, Environmental protection, Air under state law and does not impose to use VCS in place of a SIP submission pollution control, Carbon monoxide, any additional enforceable duty beyond that otherwise satisfies the provisions of Intergovernmental relations, Nitrogen that required by state law, it does not the Clean Air Act. Thus, the dioxide, Ozone, Reporting and contain any unfunded mandate or requirements of section 12(d) of the recordkeeping requirements, Volatile significantly or uniquely affect small National Technology Transfer and organic compounds. governments, as described in the Advancement Act of 1995 (15 U.S.C. Authority: 42 U.S.C. 7401 et seq.

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Dated: August 8, 2002. revision pertains to excess emissions Each Federally-approved SIP protects Keith Takata, emitted during start-up, shutdown, and air quality primarily by addressing air Acting Regional Administrator, Region IX. malfunction conditions and the pollution at its point of origin. These Part 52, Chapter I, Title 40 of the Code affirmative defenses available to SIPs can be extensive, containing state of Federal Regulations is amended as sources. This revision updates the regulations or other enforceable follows: existing state rule to be consistent with documents and supporting information EPA guidance. This revision will ensure such as emission inventories, PART 52—[AMENDED] consistency between the state and monitoring networks, and modeling Federally-approved rules, and ensure demonstrations. 1. The authority citation for part 52 Federal enforceability of the state’s continues to read as follows: revised rule. What Is the Federal Approval Process Authority: 42 U.S.C. 7401 et seq. DATES: This direct final rule will be for a SIP? effective October 28, 2002, unless EPA Subpart F—California In order for state regulations to be receives adverse comments by incorporated into the Federally- September 26, 2002. If adverse 2. Section 52.220 is amended by enforceable SIP, states must formally comments are received, EPA will adding paragraph (c)(298) to read as adopt the regulations and control publish a timely withdrawal of the follows: strategies consistent with state and direct final rule in the Federal Register Federal requirements. This process § 52.220 Identification of plan. informing the public that the rule will generally includes a public notice, * * * * * not take effect. public hearing, public comment period, (c) * * * ADDRESSES: Comments may be mailed to and a formal adoption by a state- (298) New and amended contingency Wayne Kaiser, Environmental authorized rulemaking body. measures for the following APCDs were Protection Agency, Air Planning and Once a state rule, regulation, or submitted on May 29, 2002, by the Development Branch, 901 North 5th control strategy is adopted, the state Governor’s designee. Street, Kansas City, Kansas 66101. submits it to us for inclusion into the (i) Incorporation by reference. Copies of documents relative to this SIP. We must provide public notice and (A) Santa Barbara County Air action are available for public seek additional public comment Pollution Control District. inspection during normal business regarding the proposed Federal action (1) 2001 Clean Air Plan Contingency hours at the above-listed Region 7 Control Measures R–SC–1 (Architectural location. The interested persons on the state submission. If adverse Coatings); N–IC–1 and N–IC–3 (Control wanting to examine these documents comments are received, they must be of Emissions from Reciprocating should make an appointment with the addressed prior to any final Federal Internal Combustion Engines); N–XC–2 office at least 24 hours in advance. action by us. (Large Water Heaters and Small Boilers, FOR FURTHER INFORMATION CONTACT: All state regulations and supporting Steam Generators, and Process Heaters); Wayne Kaiser at (913) 551–7603. information approved by EPA under R–SL–2 (Solvent Degreasers) SUPPLEMENTARY INFORMATION: section 110 of the CAA are incorporated [incorrectly identified as CAP Control Throughout this document whenever into the Federally-approved SIP. Measure R–SL–1 in Table 4–3, ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Records of such SIP actions are ‘‘Proposed APCD Control Measures’’]; EPA. This section provides additional maintained in the Code of Federal R–SL–2 (Solvent Cleaning Operations); information by addressing the following Regulations (CFR) at Title 40, Part 52, N–IC–2 (Gas Turbines); R–SL–4 questions: entitled ‘‘Approval and Promulgation of (Electronic Industry—Semiconductor What Is a SIP? Implementation Plans.’’ The actual state Manufacturing); N–XC–4 (Small What Is The Federal Approval Process for a regulations which are approved are not Industrial and Commercial Boilers, SIP? reproduced in their entirety in the CFR Steam Generators, and Process Heaters), What Does Federal Approval of a State outright but are ‘‘incorporated by adopted on November 15, 2001. Regulation Mean to Me? reference,’’ which means that we have * * * * * What Is Being Addressed In This Document? approved a given state regulation with Have the Requirements for Approval of a SIP a specific effective date. [FR Doc. 02–21285 Filed 8–26–02; 8:45 am] Revision Been Met? BILLING CODE 6560–50–P What Action Is EPA Taking? What Does Federal Approval of a State Regulation Mean to Me? What Is a SIP? ENVIRONMENTAL PROTECTION Enforcement of the state regulation Section 110 of the Clean Air Act AGENCY before and after it is incorporated into (CAA) requires states to develop air the Federally-approved SIP is primarily 40 CFR Part 52 pollution regulations and control strategies to ensure that state air quality a state responsibility. However, after the [MO 157–1157a; FRL–7266–9] meets the national ambient air quality regulation is Federally approved, we are authorized to take enforcement action Approval and Promulgation of standards established by EPA. These ambient standards are established under against violators. Citizens are also Implementation Plans; State of offered legal recourse to address Missouri section 109 of the CAA, and they currently address six criteria pollutants. violations as described in section 304 of the CAA. AGENCY: Environmental Protection These pollutants are: carbon monoxide, Agency (EPA). nitrogen dioxide, ozone, lead, What Is Being Addressed in This ACTION: Direct final rule. particulate matter, and sulfur dioxide. Document? Each state must submit these SUMMARY: EPA is approving a State regulations and control strategies to us On September 20, 1999, we issued Implementation Plan (SIP) revision for approval and incorporation into the updated policy regarding excess submitted by the state of Missouri. This Federally-enforceable SIP. emissions during malfunctions, startup,

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and shutdowns.1 This policy specifies above and in more detail in the substantial direct effects on the States, criteria for SIPs which address periods technical support document which is on the relationship between the national of excess emissions due to part of this document, the revision government and the States, or on the malfunctions, startup, or shutdown. meets the substantive SIP requirements distribution of power and The state of Missouri has of the CAA, including section 110 and responsibilities among the various subsequently revised its existing SIP implementing regulations. levels of government, as specified in approved rule, 10 CSR 10–6.050 Start- Executive Order 13132 (64 FR 43255, What Action Is EPA Taking? Up, Shutdown and Malfunction August 10, 1999). This action merely Conditions, to incorporate certain We are processing this action as a approves a state rule implementing a provisions of the policy which had not final action because the revisions make Federal standard, and does not alter the previously been included in the rule. In routine changes to the existing rules relationship or the distribution of power a submittal letter dated April 16, 2002, which are noncontroversial. Therefore, and responsibilities established in the the state requested that we approve this we do not anticipate any adverse CAA. This rule also is not subject to revision as an amendment to the comments. Please note that if EPA Executive Order 13045, ‘‘Protection of Missouri SIP. receives adverse comment on part of Children from Environmental Health The state’s rule, applicable to all this rule and if that part can be severed Risks and Safety Risks’’ (62 FR 19885, installations in Missouri, provides the from the remainder of the rule, EPA may April 23, 1997), because it is not owner or operator of an installation the adopt as final those parts of the rule that economically significant. opportunity to submit data regarding are not the subject of an adverse In reviewing SIP submissions, EPA’s conditions which result in excess comment. role is to approve state choices, emissions. These submittals will be Final action: EPA is approving as an provided that they meet the criteria of used by the MDNR director to determine amendment to the Missouri SIP the CAA. In this context, in the absence whether the excess emissions were due revisions to rule 10 CSR 10–6.050, of a prior existing requirement for the to a start-up, shutdown or malfunction ‘‘Start-Up, Shutdown and Malfunction State to use voluntary consensus condition. These determinations will be Conditions’’ pursuant to section 110 of standards (VCS), EPA has no authority used in deciding whether or not the CAA. to disapprove a SIP submission for enforcement action is appropriate. Administrative Requirements failure to use VCS. It would thus be In revising its rule, the state inconsistent with applicable law for incorporated, in subsection (3)(C), Under Executive Order 12866 (58 FR EPA, when it reviews a SIP submission, additional factors to be considered by 51735, October 4, 1993), this action is to use VCS in place of a SIP submission the director, and added additional not a ‘‘significant regulatory action’’ and that otherwise satisfies the provisions of information requirements in subsection therefore is not subject to review by the the CAA. Thus, the requirements of (3)(A) and paragraph (3)(C)2. Language Office of Management and Budget. For section 12(d) of the National was added in subsections (3)(A) and this reason, this action is also not Technology Transfer and Advancement (3)(B) to set a threshold of one hour for subject to Executive Order 13211, Act of 1995 (15 U.S.C. 272 note) do not excess emissions which require a ‘‘Actions Concerning Regulations That apply. This rule does not impose an written report. The requirement to Significantly Affect Energy Supply, information collection burden under the report excess emissions on the annual Distribution, or Use’’ (66 FR 28355, May provisions of the Paperwork Reduction Emissions Inventory Questionnaire was 22, 2001). This action merely approves Act of 1995 (44 U.S.C. 3501 et seq.). clarified in subsection (4)(B). Other state law as meeting Federal The Congressional Review Act, 5 revisions were made to make the rule requirements and imposes no additional U.S.C. 801 et seq., as added by the Small consistent with Title V requirements. requirements beyond those imposed by Business Regulatory Enforcement The definitions section was removed state law. Accordingly, the Fairness Act of 1996, generally provides since all relevant definitions are Administrator certifies that this rule that before a rule may take effect, the contained in the state’s definition rule, will not have a significant economic agency promulgating the rule must 10 CSR 10–6.020. Finally, the format of impact on a substantial number of small submit a rule report, which includes a the rule was revised to be consistent entities under the Regulatory Flexibility copy of the rule, to each House of the with the state’s new standard rule Act (5 U.S.C. 601 et seq.). Because this Congress and to the Comptroller General format. The state’s revisions were rule approves pre-existing requirements of the United States. EPA will submit a effective February 28, 2002. under state law and does not impose report containing this rule and other In summary, the revised rule is any additional enforceable duty beyond required information to the U.S. Senate, consistent with EPA’s aforementioned that required by state law, it does not the U.S. House of Representatives, and policy. Thus, we are taking action to contain any unfunded mandate or the Comptroller General of the United approve this revision in the Missouri significantly or uniquely affect small States prior to publication of the rule in SIP. governments, as described in the the Federal Register. A major rule Unfunded Mandates Reform Act of 1995 Have the Requirements for Approval of cannot take effect until 60 days after it (Pub. L. 104–4). a SIP Revision Been Met? is published in the Federal Register. This rule also does not have tribal This action is not a ‘‘major rule’’ as The state submittal has met the public implications because it will not have a defined by 5 U.S.C. 804(2). notice requirements for SIP submissions substantial direct effect on one or more Under section 307(b)(1) of the CAA, in accordance with 40 CFR 51.102. The Indian tribes, on the relationship petitions for judicial review of this submittal also satisfied the between the Federal Government and action must be filed in the United States completeness criteria of 40 CFR part 51, Indian tribes, or on the distribution of Court of Appeals for the appropriate appendix V. In addition, as explained power and responsibilities between the circuit by October 28, 2002. Filing a Federal Government and Indian tribes, petition for reconsideration by the 1 Memorandum from Steven Herman and Robert as specified by Executive Order 13175 Administrator of this final rule does not Perciasepe to Regional Administrators, Regions I–X; State Implementation Plans: Policy Regarding (65 FR 67249, November 9, 2000). This affect the finality of this rule for the Excess Emissions During Malfunctions, Startup, action also does not have Federalism purposes of judicial review nor does it and Shutdown. implications because it does not have extend the time within which a petition

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for judicial review may be filed, and requirements, Sulfur oxides, Volatile Authority: 42 U.S.C. 7401 et seq. shall not postpone the effectiveness of organic compounds. Subpart AA—Missouri such rule or action. This action may not Dated: August 14, 2002. be challenged later in proceedings to James B. Gulliford, enforce its requirements. (See section 2. In § 52.1320(c) the table is amended 307(b)(2).) Regional Administrator, Region 7. under Chapter 6 by revising the entry for ‘‘10–6.050’’ to read as follows: List of Subjects in 40 CFR Part 52 Chapter I title 40 of the Code of Federal Regulations is amended as Environmental protection, Air follows: § 52.1320 Identification of plan. pollution control, Carbon monoxide, * * * * * Incorporation by reference, PART 52—[AMENDED] (c) * * * Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 1. The authority citation for part 52 matter, Reporting and recordkeeping continues to read as follows:

EPA-APPROVED MISSOURI REGULATIONS

State ef- Missouri citation Title fective EPA ap- Explanation date proval date

Missouri Department of Natural Resources

******* Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri

******* 10–6.050 ...... Start-Up, Shutdown and Malfunction Conditions ...... 2/28/02 8/27/02 and FR cite

*******

* * * * * DATES: The effective date of the final Correction [FR Doc. 02–21661 Filed 8–26–02; 8:45 am] rule amending 49 CFR Parts 171, 172, In rule document 02–20118, on page BILLING CODE 6560–50–P 173, 177, and 178, published at 67 FR 53118 on August 14, 2002, is corrected 53118 in the issue of Wednesday, to February 14, 2003. August 14, 2002, make the following correction: DEPARTMENT OF TRANSPORTATION The incorporation by reference of publications listed in this final rule has On page 53118 in the first column, in Research and Special Programs been approved by the Director of the the DATES section, the effective dates of Administration Federal Register as of February 14, 2003. the final rule and the IBR approval are corrected to read as set forth above in 49 CFR Parts 171, 172, 173, 177, and FOR FURTHER INFORMATION CONTACT: the DATES section of this document. Susan Gorsky (202) 366–8553, Office of 178 Issued in Washington, DC on August 16, Hazardous Materials Standards, 2002 under authority delegated in 49 CFR [Docket No. RSPA–98–3971 (HM–226)] Research and Special Programs Part 106. Administration. RIN 2137–AD13 Ellen G. Engleman, SUPPLEMENTARY INFORMATION: Administrator, Research and Special Hazardous Materials: Revision to Programs Administration. Background Standards for Infectious Substances; [FR Doc. 02–21473 Filed 8–26–02; 8:45 am] Correction On August 14, 2002, the Research and BILLING CODE 4910–60–P AGENCY: Research and Special Programs Special Programs Administration issued Administration (RSPA), DOT. a final rule to revise the Hazardous ACTION: Correction to final rule effective Materials Regulations (HMR; 49 CFR date. Parts 171–180) as they apply to the transportation of infectious substances. SUMMARY: This document corrects the The published effective date was effective dates for a final rule revising October 1, 2002. transportation requirements for infectious substances, published in the Need for Correction Federal Register on August 14, 2002 (67 The October 1, 2002 effective date FR 53118). The effective date for the final rule and the incorporation by does not provide sufficient time for all reference approval date are corrected to segments of the industry to come into February 14, 2003. compliance with the new requirements.

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DEPARTMENT OF THE INTERIOR cinquefoils, but it was eventually requirements for Potentilla robbinsiana. recognized as a distinct species Monroe Flats (elev. 1,550 meters (m) Fish and Wildlife Service (Rydberg, 1896). (5,085 feet (ft.)) consists of an exposed Potentilla robbinsiana is a long-lived low dome that is covered with 50 CFR Part 17 perennial herb. Its hairy three-part alternating bands of relatively barren RIN 1018–AH56 compound leaves are deeply toothed, small-stoned terraces and thickly and mature plants form a dense 2–4 vegetated mats. Blowing winds keep the Endangered and Threatened Wildlife centimeter (cm) (1–1.5 inch (in)) rosette. Monroe Flats mostly free of snow and and Plants; Removal of Potentilla Individual plants develop a deep central ice throughout the winter, leaving the robbinsiana (Robbins’ cinquefoil) taproot, which helps to anchor them vegetation exposed to the abrasive From the Federal List of Endangered and resists frost heaving. Potentilla action of blowing snow and ice, and and Threatened Plants robbinsiana is one of the first plants to desiccating winds. The moist, barren bloom in the alpine zone where it is soils are also susceptible to frost AGENCY: Fish and Wildlife Service, found, flowering soon after the snows disturbance from freeze-thaw cycles for Interior. recede, from late May to mid-June. much of the year. In this extreme ACTION: Final rule. Adult plants produce from 1 to 30, 5- environment of moderate solifluction petalled yellow flowers on individual (soil movement downslope) and SUMMARY: We, the U.S. Fish and stems. The achenes (fruits) mature by exposed topography, Potentilla Wildlife Service (Service), have late July, and disperse on dry windy robbinsiana occupies a narrow niche: It determined that Potentilla robbinsiana, days. These seeds seldom disperse more is likely a poor competitor with other commonly called Robbins’ cinquefoil, is than 20 cm (8 in) from the parent plant, species, but is able to thrive in a harsh no longer an endangered species which limits natural reestablishment environment where few other species pursuant to the Endangered Species Act (Kimball and Paul, 1986). The seeds can survive (Cogbill, 1987). of 1973 (Act), as amended. This remain dormant for at least one winter, The second extant natural population determination is based on available data and germination begins the following occurs on Franconia Ridge, 30 indicating that this species has year during June and July. Although kilometers (km) (18.6 miles (mi)) to the recovered. The main population of the seed viability is generally high, seedling west of the Monroe Flats population. species currently has more than 14,000 survival is low (Iszard-Crowley and Although still within the alpine zone, plants, and the 2 transplant populations Kimball, 1998). the habitat here is markedly different. A have reached or surpassed minimum Various experiments have shown that limited number of plants grow at a site viable population size. This action Potentilla robbinsiana produces seed on the south end of the Franconia Ridge removes Potentilla robbinsiana from the asexually so that seedlings are in crevices along the side of a vertical List of Endangered and Threatened genetically identical (Lee and Greene, cliff just below the ridgeline. Although Plants and removes the designation of 1986). This species has the chromosome records indicate that the Franconia critical habitat. number 49 that allows it to maintain population was never very large, it is This rule includes a proposed 5-year itself through asexual reproduction, likely that these few plants are the post-delisting monitoring plan as which partially explains the low genetic remnants of a larger population from required for species that are delisted variability found within the sampled more suitable habitat that previously due to recovery. The plan will include population (David O’Malley, personal existed along the top of the ridge. The monitoring of population trends of both communication, 2000). habitat has long since eroded and the natural and transplant populations. Potentilla robbinsiana is endemic to plants have disappeared due to hiking DATES: This rule is effective September the White Mountains of New Hampshire activity along a ridgeline trail. 26, 2002. and is restricted to two small, distinct Potentilla robbinsiana was listed as areas on lands administered by the endangered on September 17, 1980, and ADDRESSES: The administrative file for White Mountain National Forest. critical habitat encompassing the this rule is available for inspection, by Herbaria collections suggest that Monroe Flats population was designated appointment, during normal business historically there may have been a at that time. Overzealous specimen hours at the U.S. Fish and Wildlife number of small populations in close collecting and unregulated hiker Service, Northeast Regional Office, 300 proximity to these two areas. Currently disturbance were the reasons for listing. Westgate Center Drive, Hadley, there are only two natural populations. At the time, the extent of the Monroe Massachusetts 01035 (telephone (413) Reports of occurrences outside of New Flats population was shrinking (Graber 253–8628). Hampshire have been discounted and Brewer, 1985), and the Franconia FOR FURTHER INFORMATION CONTACT: (Cogbill, 1993), and records indicate Ridge population was thought to be Diane Lynch at (413) 253–8628 or the that Potentilla robbinsiana has always extirpated. above address. had a very narrow geographic We approved a recovery plan for SUPPLEMENTARY INFORMATION: distribution. Potentilla robbinsiana in 1983 and The largest natural population of revised it in 1991 (U.S. Fish and Background Potentilla robbinsiana occurs on Wildlife Service 1991). We began Although its discovery was not Monroe Flats located just above treeline recovery activities in 1979, focusing on formalized until 1840 (Torrey and Gray, on a col (saddle) between Mt. Monroe the only known population at Monroe 1840), the first recorded collection of and Mt. Washington in the Presidential Flats. Important features of the recovery Potentilla robbinsiana (Robbins’ or Range. Within this small area (less than efforts for this species included: dwarf cinquefoil) by Thomas Nuttall in 1 hectare (ha) (2.5 acres (ac))), the construction of a scree wall; signs to 1824 generated a strong interest among population is well established with alert the public to stay on the trail; botanists and others in this diminutive more than 14,000 plants at present. Educational posters at the Lake-of-the- member of the rose family (Rosaceae). Considering its local abundance and Clouds hut; monitoring the use of the Initially, there was confusion as to its density at this one location, we assume Crawford Path; and trail relocation to taxonomic status, and it was designated that some of the unique features of avoid disturbance. We subsequently as a variety of various European Monroe Flats are important habitat rediscovered the natural Franconia

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Ridge population in June of 1984, which established with over 337 plants Summary of Current Status was represented by a single known counted in 2001 and good natural As mentioned in the ‘‘Background’’ plant. recruitment occurring. Prior to listing, there had been a section, Potentilla robbinsiana is number of attempts to establish Summary of Federal Actions endemic to alpine areas of the White transplant populations at approximately Mountain National Forest. The species Section 12 of the Endangered Species is limited in its distribution as it 20 locations throughout the White Act of 1973 directed the Secretary of the Mountains (Graber, 1980). Although occupies a unique habitat within the Smithsonian Institution to prepare a alpine zone that is very restricted some of these efforts showed signs of report, within 1 year after passage of the initial success, all but one eventually geographically. There are currently four Act, on those plants considered to be populations of the species; three are failed due to unsuitable habitat or endangered, threatened, or extinct. This because patches of suitable habitat were considered viable (over 50 plants), report, designated as House Document Monroe Flats, Camel Patch transplant too small to support viable populations. No. 94–51, was presented to Congress The Appalachian Mountain Club’s site, and the Franconia Ridge transplant on January 9, 1975. On July 1, 1975, the site. One site, the natural Franconia Research Department reviewed these Director of the Service published a efforts, and, using the lessons learned, Ridge site has a very limited range of notice in the Federal Register (40 FR narrowed recovery efforts to four habitat. This population continues to 27823) of his acceptance of the report of potential sites as outlined in the sustain itself. However, we believe it the Smithsonian Institution as a petition updated 1991 recovery plan: Two used will never reach the 50 plants needed to within the context of section 4(c)(2) of in the previous transplant efforts (Camel be considered viable due to limited the Act, and of his intention thereby to Patch and the Viewing Garden) and two suitable habitat. review the status of the plant taxa new ones (Boott’s Spur and an Table 1 shows the Monroe Flats named within. On June 16, 1976, the additional Franconia Ridge population). census counts of the species. Although Of the transplant populations created Service published a proposed counts were undertaken in 1973, 1983, prior to this species’ listing, one rulemaking in the Federal Register (41 and 1992, the methodology used to continues to persist. Camel Patch FR 24523) to determine approximately count the plants differed. The most received an unknown number of 1,700 vascular plant species to be reliable comparison between the three transplants by Raymond E. Gerber from endangered species pursuant to section prior censuses and the most recent the 1980s to 1991 (records unavailable). 4 of the Act. Comments on this proposal census (1999) is the number of plants The Appalachian Mountain Club were summarized in the April 26, 1978, found that were greater than 14 inventoried this site starting in 1984 Federal Register publication of a final millimeters (mm) (0.5 in.) in stem when they located 84 plants. Only one rule, which also determined 13 plants to diameter. Comparing the number of of the transplant zones in this habitat be either endangered or threatened plants greater than 14 mm in diameter showed viable natural reproduction species (43 FR 17909). Potentilla for censuses in 1983, 1992, and 1999 occurring. This population was robbinsiana was included in the clearly demonstrates that the Monroe monitored annually from 1984 to 1992 Smithsonian’s report, the July 1, 1975, Flats population has dramatically and again in 1995, with annual notice of review, and the June 16, 1976, increased. monitoring beginning again in 1998. proposal. Supplementation of this population The amendment of the Act in 1978 TABLE 1.—MONROE FLATS CENSUS began in 1999 with 6 transplants, which required that all proposals over 2 years COUNTS FOR Potentilla robbinsiana boosted this population to 23 adults, 60 old be withdrawn. A 1-year grace period juveniles, and 6 new transplant adults. was given to proposals already over 2 Number of Since 1999, an additional 31 transplants years old. On December 10, 1979, we plants with Increase from were done, bringing the population to published a notice withdrawing the stems greater Year than 14 mm previous count 40 adults and 57 juveniles. The Viewing June 16, 1976, proposal to list Potentilla (0.55 in) in di- (percent) Garden had received 19 known adult robbinsiana (44 FR 70796). ameter transplants from about 1980 through Based on sufficient new information, 1997. Though the adults survived for 1973 ...... 1,801 we again proposed Potentilla some time, viable natural reproduction 1983 ...... 1,547 –14 robbinsiana for listing on March 24, was problematic and these individuals 1992 ...... 3,368 118 1980, and proposed its critical habitat died out over time. 1999 ...... 4,575 36 Transplant efforts to new locations for the first time (45 FR 19004). A public began in 1986 with the introduction of meeting was held on this proposal on Both the Camel Patch and Franconia 160 plants over three years at the Boott’s April 28, 1980, in Concord, New Ridge transplant populations have Spur site. The site showed some initial Hampshire. On September 17, 1980, we persisted for more than 10 years. Both promise, but by 1991 mortality was published a final rule in the Federal have juvenile recruitment and 100%. Although the Boott’s Spur Register (45 FR 61944) listing Potentilla successful second generation seedling location was recognized as suboptimal robbinsiana as endangered and establishment. Transplant and/or habitat and had failed in a previous designating critical habitat. monitoring efforts for these populations transplant effort, another 27 plants were On June 8, 2001, we proposed to continue on a near annual basis transplanted in 1995, but none survived remove Potentilla robbinsiana from the (Kimball, 1998). The high level of soil after the first year. The new Franconia List of Endangered and Threatened movement throughout Camel Patch population was established in 1988 with Plants because the available data makes much of the site unsuitable for 61 plants transplanted over 2 years and indicate that this species has recently transplant efforts, nevertheless a an additional 108 plants through 1996, met the goals for delisting. In our population located along the edge of the the date of the last transplant efforts. Federal Register notice (66 FR 30860), encircling vegetation is well established. Like the natural populations, this we requested that all interested parties The Franconia Ridge population has transplant population has fluctuated provide information and comments on increased dramatically in recent years over the years, but now appears well the status of this species. and is now well established.

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An 11-year demographic study, minimum viable population for the Patch location with a current population funded by the Service, the U.S. Forest transplant populations centered on the of 97 plants (Table 2) and the Franconia Service, and Appalachian Mountain survival of each life stage of the plant at transplant location with a current Club, was conducted along four the Monroe Flats population. The study population of 337 plants (Table 3) meet permanent transects within the Monroe recommended a minimum viable this criterion. Flats population. The purpose of this population of 50 plants (Iszard-Crowley study, in part, was to determine a and Kimball, 1998). Both the Camel

TABLE 2.—RESULTS OF THE 1999–2001 CENSUSES OF THE CAMEL PATCH TRANSPLANT POPULATION

≥ Total # Year Seedling Juvenile < Juvenile Adults plants ≥ Total 14mm 14mm 14mm

1999 ...... 0 43 23 21 44 87 2000 ...... 0 42 30 29 59 101 2001 ...... 0 27 30 40 70 97

TABLE 3.—RESULTS OF THE 1999–2001 CENSUSES OF THE FRANCONIA TRANSPLANT POPULATION

≥ Total # Year Seedling Juvenile < Juvenile Adults plants ≥ Total 14mm 14mm 14mm

1999 ...... 1 284a 46 N/Aa 331 2000 ...... 0 172 58 77 135 307 2001 ...... 0 179 83 75 158 337 a Size class data unavailable.

Potentilla robbinsiana Recovery populations: (1) Protocols were contained minor changes to incorporate developed to monitor the Monroe Flats the rediscovered natural Franconia In accordance with section 4(f)(1) of population to better understand its population, and acknowledged that the Act, the Service is responsible for demographic trends and natural rates of suitable additional unoccupied habitat the development and implementation of recruitment and mortality, and to collect may be a limiting factor. In addition to recovery plans for all listed species, to data to model minimum viable the protection of the natural the maximum extent practicable. The population size; (2) the natural populations, this plan determined that a first Robbins’ Cinquefoil Recovery Plan Franconia Ridge population historically occupied zone within the was completed in 1983, and featured (rediscovered in 1984) was annually Monroe Flats should be recolonized. two main objectives: (1) To protect the monitored; (3) micro-habitat Transplant efforts began in 1996 to meet existing Monroe Flats colony, components were identified and used to this objective, and successful juvenile encouraging its expansion to previously locate unoccupied, potentially suitable recruitment has since been observed. occupied habitat; and (2) to establish habitat; and (4) effective propagation To delist Potentilla robbinsiana, long- self-maintaining populations in at least and transplant techniques were term demographic evidence must show four additional potential habitats not developed. Transplant techniques that the Monroe Flats population is occupied at the time. varied over the years. However, the stable or increasing in size. As To accomplish the first objective, a most successful efforts used 2-year-old mentioned in the ‘‘Summary of Current scree wall surrounding the Monroe Flats plants germinated from seed, and Status’’ section, comparing the number population was constructed and posted transplanted with the soil media intact of plants greater than 14 mm in stem with ‘‘closed to entry’’ signs, and two in mid-June to early July. Each year a diameter for censuses in 1983, 1992, hiking trails that had previously portion of the seed collected for use in and 1999 clearly demonstrates that the traveled through the Monroe Flats transplants is placed in cold storage at Monroe Flats population has population were relocated away from the New England Wildflower Society to dramatically increased. the population. Plants have since been establish a seed bank for this species. While the 1991 recovery plan calls for successfully transplanted back into the As mentioned in the ‘‘Background’’ the establishment of four transplant habitat where the trails had resulted in section, two of the transplant sites populations, it also recognizes that the localized demise of the plants, failed, Boott’s Spur and the Viewing suitable habitat may be a limiting factor, primarily at the highest elevation in the Garden. The other two transplant sites, and requires only two of the four Monroe Flats population. The ability of Franconia and Camel Patch, are both transplant populations to be viable. seed to move downhill from this considered viable populations with 331 Introduction of plants to the Boott’s recolonized site should benefit the plants and 87 plants respectively, in Spur location has subsequently been Monroe Flats population. In addition, 1999. As of 2001, these populations dropped due to the unsuccessful personnel from the White Mountain increased to 337 plants and 97 plants transplant efforts resulting in 100% National Forest and Appalachian respectively. mortality. The Viewing Garden location Mountain Club continue to provide The Robbins’ Cinquefoil Recovery also showed 100% mortality in 1998. stewardship, enforcement, and Plan: First Update, published in 1991, There are no plans to reestablish a educational resources on site. retained recovery criteria for the population at this location because the Several tasks were necessary to meet protection of existing natural suitable habitat is very limited and the second objective of establishing four populations and establishing additional cannot support more than a few additional self-maintaining transplant transplant populations, but also individual plants that are unlikely to

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persist under natural population be for total population, not transect Issue 5: One commenter was fluctuations. Biologists familiar with counts as suggested in the proposed concerned that the Service did not this species are confident that little if rule. complete tasks 5.3 and 7 in the original any suitable habitat in the White Our response: We agree that a total recovery plan of 1983, and task 5.1 of Mountains remains to be discovered (K. population census using a grid sampling the updated plan, prior to publishing Kimball, Appalachian Mountain Club, methodology would provide more the proposed rule. pers. comm. 2000). Therefore, given that consistent comparisons over time. For Our response: We disagree. Task 5.3 the discovery of additional suitable the 5-year post-delisting monitoring, a of the original plan, ‘‘Develop news habitat for the establishment of new total population census will be used. releases, articles and maintain contact transplant attempts is unlikely, recent However, as explained in the ‘‘Summary with interested groups,’’ was not efforts have focused on ensuring viable of Current Status’’ section, the most included in the updated plan of 1991. populations at the two remaining reliable comparison between the 3 prior Task 7 of the original plan and task 5.1 transplant locations, Camel Patch and censuses and the most recent census of the updated plan are essentially the Franconia Ridge. As stated in the (1999) is the number of plants found same: ‘‘submit an annual report on all ‘‘Summary of Current Status’’ section, that were greater than 14 mm (0.5 in.) conservation activities and research research on the species has determined in stem diameter. findings.’’ The Appalachian Mountain that a minimum viable population Issue 3: One commenter was Club has submitted annual Potentialla consists of 50 plants (Iszard-Crowley concerned that the proposed rule does robbinsiana progress reports and Kimball, 1998). Both the Franconia not technically satisfy some of the consistently since 1984 to both the transplant location with a current downlisting and delisting criteria Service and the White Mountain population of 337 plants and the Camel contained in the updated recovery plan. National Forest. Additional reports Patch location with a current population Our response: As mentioned in the including several updates on of 97 plants meet this criterion. proposed rule, the downlisting and germination and transplanting of the delisting objectives in the 1991 recovery species and a demographic analysis of Summary of Issues and Potentialla robbinsiana were also Recommendations plan update were based on the best information available at that time. The supplied to the Service and the White In the June 8, 2001, proposed rule (66 Mountain National Forest. recovery plan states ‘‘that approved FR 30860) we requested that all Issue 6: One commenter asked if the recovery plans are subject to interested parties provide information proposed rule received approval of the and comments on the status of modification as dictated by new recovery team or was peer-reviewed by Potentilla robbinsiana and the proposal findings, changes in species status, and conservation biologists. to delist this species. The public the completion of recovery tasks.’’ Each Our response: There is no recovery comment period ended August 7, 2001. recovery objective from the 1991 plan is team for this species. Instead, the Announcements of the proposed rule addressed in the ‘‘Potentilla robbinsiana Service submitted the proposed rule to were sent to Federal and State agencies, Recovery’’ section of this rule. This three organizations: the White Mountain elected officials, interested private section lays out the recovery actions National Forest, the Appalachian organizations and citizens, and local that have led to the decision to delist Mountain Club, and the New England area newspapers. the species, even though not every Wild Flower Society, for scientific We received a total of two written objective was met. In addition, we have review. Scientists associated with these comments, one from an individual and determined that none of the five listing organizations, who are knowledgeable one from an organization. The factors identified in the Act remain a about Potentilla robbinsiana’s status and organization (Appalachian Mountain threat to Potentilla robbinsiana. The biology, reviewed the proposed rule. Club) supports the delisting proposal, objectives identified during the recovery Only the Research Department of the while the individual did not support it. planning process provide a guide for Appalachian Mountain Club chose to Comments are discussed below. In measuring the success of recovery, but provide a written endorsement of the addition, we considered and are not intended to be absolute proposed rule. The State of New incorporated, as appropriate, into the prerequisites, and should not preclude a Hampshire’s Natural Heritage Program final rule all biological and commercial reclassification or delisting action if also received a copy of the proposed information obtained through the public such action is otherwise warranted. rule, and has been an active participant comment period. Issue 4: One commenter was in the recovery planning and efforts for Issue 1: Both commenters mention concerned that the Service did not seek this species. that the more appropriate common the review and concurrence from the ad Issue 7: One commenter was name for the species is dwarf cinquefoil. hoc recovery group for Potentilla concerned that the proposed rule did Our response: We agree that the robbinsiana. not provide indication of active current common name is dwarf Our response: The ad hoc recovery protection efforts from off-trail hikers at cinquefoil. Throughout this document group first met shortly after the listing the Camel Patch population or from we refer to the species by using the of the species in 1980. At that time and rock climbers at the natural Franconia Latin name Potentilla robbinsiana. The up until the present, this group was Ridge population. exception being, when referencing the never a formalized recovery team with Our response: Surveys have yielded recovery plans, where the formal title of members appointed by the Regional no evidence of trespass or disturbance the plans refers to the species as Director. This group was consulted at to these populations. We, together with Robbins’ cinquefoil. We continue to use one time, but the Service never asked the Appalachian Mountain Club, the common name of Robbins’ for a consensus on any matters. This monitor the transplant populations and cinquefoil for this species since that was group has not met in over a decade. The the Franconia Ridge natural population the common name under which this Service did seek scientific review and on a near annual basis. It is species was associated at the time of comment from all interested recommended by the Appalachian listing. stakeholders during our public Mountain Club, and the Service Issue 2: One commenter recommends comment period associated with the concurs, that the best long-term that all future population counts should proposed rule. management for these populations is to

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manage them, but not to draw attention four locations, two persist today. Given their application to Potentilla to them. Unlike the Monroe Flats this species’ unique habitat needs, the robbinsiana are as follows: population, these three populations are small geographic extent of such habitat, A. The Present or Threatened generally unknown and less accessible. and the fact that transplanting efforts Destruction, Modification, or Attempts to manage trespass using scree occurred at over 20 sites, we feel that Curtailment of Its Habitat or Range walls, signage, or other means, may call locating additional suitable habitat for more attention to these discrete new transplant attempts is unlikely. Potentilla robbinsiana utilizes a populations than the current low-key Issue 10: One commenter questioned substrate described as shallow loamy strategy. why, if the Camel Patch population is sand topped with a stony, pavement- Issue 8: One commenter noted that deemed viable, we continue to like surface. This stony surface layer transplanted subpopulations at the supplement it. protects the soil from being either blown Monroe Flats population are not Our Response: Seeds are collected or washed away. The 1980 final listing necessarily viable. annually from the Monroe Flats rule determined that the plant and its Our response: We consider the population and shipped to the New habitat were damaged by trampling from Monroe Flats population to be one England Wild Flower Society for future hikers. Hiking through the habitat is population and do not identify germination and propagation. In the unimpeded due to the lack of most subpopulations. Task 4.5 of the updated past, plants reared from these seeds vegetation. Because the plants are small, recovery plan directs efforts to were transplanted at the Camel Patch it is easy for hiker boots to crush adult, recolonize extirpated historical sites in and Franconia transplant populations to juvenile, and seedling plants. the essential Monroe Flats habitat. help establish viable populations. They Since listing, the threat from Rather than ensuring additional viable were also transplanted at the Monroe trampling has been reduced by rerouting subpopulations within Monroe Flats, Flats population, and continue to be in trails and protecting habitat. The section the purpose of this task was to expand an effort to reestablish adult plants at a of the Appalachian Trail that bisected the population to its historical spatial topographic high spot so that they can the Monroe Flats population is referred extent where possible. Transplant act as an additional seed source for the to locally as the Crawford Path, named efforts on Monroe Flats have focused in main population at this site. Currently, after Abel Crawford who constructed areas where plants had been extirpated the only plants that are transplanted at the path in 1819. In 1915, the due to trampling. Substrate directly the Camel Patch population are extra Appalachian Mountain club constructed along the now discontinued section of plants intended for the Monroe Flats Lake of the Clouds Hut, 270 m (295 the Crawford Path has been heavily annual transplant effort. These plants yards (yd)) to the north of the trail. The impacted and is no longer suitable are strategically placed to allow seed to Crawford Path was relocated at this time habitat. However, impacts on either side flow downhill of the habitat in an effort to bring the trail by the Hut, and of the discontinued trail have been less to physically expand this population. although the trail was no longer directly significant, and have been the focus of bisecting Potentilla robbinsiana habitat, Summary of Factors Affecting the transplant efforts, including the high- it still went through the northwest Species point on Monroe Flats known as the corner of the critical habitat. In 1983, ‘‘Dome.’’ This location may play an Section 4 of the Act and regulations the Crawford Path and Dry River Trails important role as seed source for (50 CFR part 424) promulgated to were rerouted a second time in response downslope areas since seeds rarely implement the listing provisions of the to the Federal listing, to move the trails migrate far from the parent plant. The Act, set forth the procedures for listing, outside of the plant’s critical habitat. A past impact from substrate compression reclassifying, and delisting species on low scree wall was constructed in makes the habitat suitability and future the Federal lists. A species may be listed conjunction with the trail relocation, status of this part of the transplant area if one or more of the five factors around the critical habitat, and has been uncertain. However, recent transplant described in section 4(a)(1) of the Act particularly effective in places where survival has been strong, and there is threatens the continued existence of the the trail abuts critical habitat. Signs seedling and juvenile recruitment in species. A species may be delisted posted around the Monroe Flats these areas, which meets the stated according to 50 CFR 424.11(d), if the population notify hikers that there is a recovery task. Regardless of the best scientific and commercial data federally listed species present and no potential for long-term reestablishment available substantiate that the species is admittance is allowed without a permit. within the extirpated areas, these plants neither endangered nor threatened (1) These signs are replaced as needed. represent less than one percent of the because of extinction, (2) because of Hiker traffic and trespassers into the Monroe Flats population and do not recovery, or (3) because the original data critical habitat were recorded by affect the viability of the Monroe Flats for classification of the species were in pressure plates during 1985 to assess the population. error. effectiveness of hiker management. The Issue 9: One commenter was After a thorough review of all plates were operated from June through concerned with the statement that there available information, we determined October 1985 and checked several times is no suitable unoccupied habitat left for that substantial Potentilla robbinsiana weekly. Of 4,286 hikers counted over the species, and considers this as self- recovery has taken place since listing in 115 days the counters were functional, fulfilling and thus tautological. 1980. We have also determined that the trespass rate was 2 percent (Kimball Our response: As stated in the none of the five factors identified in and Paul, 1986). The target compliance proposed rule under the ‘‘Background’’ section 4(a)(1) of the Act, and discussed level established by the 1983 recovery section, prior to listing there had been below, are currently affecting the plan was 95 percent of the hikers not a number of attempts to establish species in such a way that the species trespassing into the critical habitat, an transplant populations at approximately is endangered (in danger of extinction objective that has been maintained or 20 locations throughout the White throughout all or a significant portion of exceeded since 1981. Outreach has also Mountains. In 1986, with the experience its range) nor threatened (likely to been a strong recovery component for gained from previous efforts, the four become endangered in the foreseeable ensuring hiker compliance of no most appropriate transplant sites were future throughout all or a significant trespassing into the Potentilla determined, and efforts began. Of these portion of its range). These factors and robbinsiana habitat. A naturalist is

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stationed at the Lake of the Clouds Hut collectors were selling alpine plants, measures, with our assistance, both throughout the summer. The Hut specifically including Potentilla through the recovery period, and if and naturalist is available during the day to robbinsiana, to other collectors for 10 when Potentilla robbinsiana is removed answer questions and give interpretive cents per sheet (Cogbill, 1993). from the list of endangered and talks regarding Potentilla robbinsiana. However, commercial trade in the threatened plants. The naturalist and other Hut staff are species has not occurred since the early Potentilla robbinsiana does appear on also instrumental in monitoring the 1900s and is not expected to occur in the New Hampshire State list of Monroe Flats population for human the future; import or export of this endangered and threatened species, disturbance. species also is not anticipated. although State legislation currently In 1973, prior to listing, the Monroe Collection of material for herbaria has offers it no protection. However, since Flats population contained declined significantly due to scientists this species is endemic to Federal lands approximately 1,801 individual plants becoming more aware of the impacts of administered by the White Mountain larger than 14 mm (0.55 in). As of 1999, collecting on rare species. Monitoring of National Forest, which has committed this population included approximately these sites does not indicate a problem to continuing its ongoing program to 4,575 individuals of similar size. This with overcollection. Therefore, taking of provide for the long-term conservation represents a greater than 250% increase Potentilla robbinsiana for these of this species, we have determined that in this population. Counting plants of purposes is not considered to be a there is adequate existing protection in all sizes (seedlings to adults) in 1999, threat. place for this species. the established population size was E. Other Natural or Manmade Factors 14,195 individuals. C. Disease and Predation The second natural population is near This species is not known to be Affecting Its Continued Existence the Appalachian Trail on Franconia threatened by disease or predation. Recovery efforts have been directed Ridge. The locations of this population toward protection and environmental D. The Inadequacy of Existing and the two transplant populations have education. A number of approaches Regulatory Mechanisms been purposefully kept undisclosed and have been used to educate the hiking are presently out of the way of the Potentilla robbinsiana is currently community, the scientific community, average hiking public. Attempts to afforded limited protection by the and the public about Potentilla manage trespass using scree walls, Endangered Species Act. Section 9 of robbinsiana. Providing information to signage, or otherwise, may call more the Act prohibits the removal and the public regarding the species’ biology attention to this population than the possession of endangered plants from and management satisfies their curiosity current low-key strategy. lands under Federal jurisdiction and the and increases their willingness to Records indicate that the extant malicious damage and destruction of participate in protection of this species. natural Franconia Ridge population was endangered plants in such areas, and These efforts include a permanent never very large. Nevertheless, it is the damage or destruction of display and presentations about considered to be a reproducing endangered plants from any other area Potentilla robbinsiana by the seasonal population, with 11 individual plants in knowing violation of any State law or Appalachian Mountain Club naturalist consisting of 3 adults and 8 juveniles as regulation, or in the course of a at Lake of the Clouds Hut. of 2001, and is being monitored violation of State criminal trespass law. The 1980 final listing rule mentioned regularly by the Appalachian Mountain Section 7 of the Act requires Federal that Potentilla robbinsiana is vulnerable Club. agencies to ensure that their actions do to the harsh climate in which it lives. The protection efforts in effect for the not jeopardize the continued existence The weather regime experienced by the Monroe Flats population, the existence of listed species or destroy or adversely species is highly variable from year to of two viable transplant populations, modify designated critical habitat. year. During demographic studies over and the strategy to manage these two Section 7(a)(1) of the Act requires the past 16 years, it has been observed populations and the natural Franconia Federal agencies to carry out programs that late frosts in June have the potential Ridge population, demonstrate that for the conservation of threatened and to damage flowers and greatly reduce there is no longer a threat to the habitat endangered species. The entire range of the seed crop for that year. By virtue of of Potentilla robbinsiana. Potentilla robbinsiana occurs on Forest a deep taproot, the species appears to be Service lands. Forest Service regulations adapted to a moderate level of frost- B. Overutilization for Commercial, prohibit removing, destroying, or heaving, a stress that may limit Recreational, Scientific, or Educational damaging any plant that is classified as competing species. At the same time, it Purposes a threatened, endangered, rare or unique cannot tolerate frost-induced movement The 1980 final listing identified that species (36 CFR 261.9). Currently the of more than 18 mm/yr (.71 in/yr), or the collecting of specimens for herbaria species is classified as a G1 species frost action sufficient to produce stone probably contributed to the loss of (critically imperiled because of extreme stripes or other patterned ground Potentilla robbinsiana and possibly the rarity) by the State of New Hampshire’s (Cogbill, 1987). Overall, however, this cause for the extirpation of one of the Natural Heritage Program, and appears species is now thriving in a very Franconia sites (Steele, 1964). It was on the Forest Service’s Region 9 localized part of the alpine zone of the noted that over 40 herbarium sheets (Northeast) list of ‘‘species of concern.’’ White Mountains, and adapts to the containing nearly 100 plants (6 percent These rankings will not change once the harsh climate conditions, where few of the known mature population at the species is delisted, thus the Forest other species survive. time of listing) were counted in various Service regulations will remain in effect. In summary, we have carefully New England herbaria (Graber, 1980). On December 2, 1994, we and the Forest reviewed all available scientific and Cogbill’s more recent paper (1993) Service’s White Mountain National commercial data and conclude that the documents the collection of over 850 Forest signed a Memorandum of threats that caused the population of plants in herbaria collections Understanding (MOU) for the Potentilla robbinsiana to decline no worldwide, which represents one of the conservation of Potentilla robbinsiana. longer pose a risk to the continued most extensive collections known for a The MOU states that the Forest Service survival of the species. This single species. In the late 1800s some agrees to carry out specific management determination is based on the best

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available data indicating that Potentilla can initiate listing procedures, 5 CFR 1320.3(c) define a collection of robbinsiana has recovered, primarily as including, if appropriate, emergency information as the obtaining of a result of the following: (1) The two listing. information by or for an agency by natural existing populations are means of identical questions proposed Monitoring protected from human disturbance, and to, or identical reporting, record the Monroe Flats population is Our Northeast Region will coordinate keeping, or disclosure requirements considered viable and increasing; (2) the with the Forest Service, the imposed on, 10 or more persons. two transplant populations are Appalachian Mountain Club, and State Furthermore, 5 CFR 1320.3(c)(4) considered viable; and (3) the Forest resource agencies to implement an specifies that ‘‘ten or more persons’’ Service’s commitment to continue effective 5-year monitoring program to refers to the persons to whom a ongoing programs to provide for the track the population status of Potentilla collection of information is addressed long-term conservation of this species robbinsiana. We will annually evaluate by the agency within any 12-month regardless of its standing under the the effectiveness of ongoing period. For purposes of this definition, Endangered Species Act. This recovery conservation programs, including employees of the Federal Government indicates that the species is no longer education, monitoring, and enforcement are not included. endangered or likely to become efforts, in order to detect and assess any This rule does not include any endangered in the foreseeable future new threats to the populations. To collection of information that requires throughout all or a significant portion of detect any changes in the status of approval by OMB under the Paperwork its range. Therefore, the species no Potentilla robbinsiana, we will use, to Reduction Act. Potentilla robbinsiana longer meets the Act’s definitions of the fullest extent possible, information occurs entirely on lands administered endangered or threatened. Under these routinely collected by the Appalachian by the Forest Service and only in one circumstances, removal from the List of Mountain Club’s Research Department State, New Hampshire. The information Endangered and Threatened Plants is and the Forest Service. During the fifth needed to monitor the status of appropriate. year of the 5-year monitoring period, a total population census of the Monroe Potentilla robbinsiana following Effects of This Rule Flats population will be conducted delisting will be collected primarily by This final rule will remove the using a grid to further evaluate the a limited number of personnel from the protections afforded to Potentilla stability and health of this population. Forest Service and the Appalachian robbinsiana under the Act. Furthermore, We believe that the two transplanted Mountain Club. We do not anticipate a the critical habitat for this plant, one sites have reached viable population need to request data or other location in the White Mountain status. However, during the required 5- information from 10 or more persons National Forest, New Hampshire (50 year monitoring period, transplanting at during any 12-month period to satisfy CFR 17.96(a)), will be removed. The the Camel Patch site will continue when monitoring information needs. If it prohibitions and conservation measures excess plants are available from the New becomes necessary to collect provided by the Act will no longer England Wild Flower Society. The information from 10 or more non- apply to this species. Therefore, taking, transplants will be used to fill sparse Federal individuals, groups, or interstate commerce, import, and export areas and expand the population. organizations per year, we will first of Potentilla robbinsiana will no longer If we determine at the end of the obtain information collection approval be prohibited under the Act. In mandatory 5-year monitoring period, from OMB. addition, Federal agencies will no which shall include data from the fifth National Environmental Policy Act longer be required to consult with us year population census of Monroe Flats, under section 7 of the Act to insure that that recovery is complete, and factors We have determined that we do not any action they authorize, fund, or carry that led to the listing of Potentilla need to prepare an Environmental out, is not likely to jeopardize the robbinsiana, or any new factors, remain Assessment, as defined under the continued existence of Potentilla sufficiently reduced or eliminated, authority of the National Environmental robbinsiana or destroy or adversely monitoring may be reduced or Policy Act of 1969, in connection with modify designated critical habitat. terminated. If data show that the species regulations adopted pursuant to section The take and use of Potentilla is declining or if one or more factors 4(a) of the Endangered Species Act as robbinsiana must comply with that have the potential to cause a amended. We published a notice appropriate Forest Service regulations, decline are identified, we will continue outlining our reasons for this since the entire population lies within monitoring beyond the 5-year period determination in the Federal Register the White Mountain National Forest in and may modify the monitoring on October 25, 1983 (48 FR 49244). New Hampshire. program based on an evaluation of the References Cited Future Conservation Measures results of the initial 5-year monitoring program, or reinitiate listing if A complete list of all references cited Section 4(g)(1) of the Act requires that necessary. the Secretary of the Interior, through the herein is available upon request from Service, implement a monitoring Executive Order 12866 our Northeast Regional Office (see ADDRESSES section). program in cooperation with the States This rule was not reviewed by the for not less than 5 years for all species Office of Management and Budget Author that have been recovered and delisted. (OMB) under Executive Order 12866. The purpose of this requirement is to The primary author of this rule is develop a program that detects the Paperwork Reduction Act Diane Lynch, Endangered Species failure of any delisted species to sustain The OMB regulations at 5 CFR part Biologist (see ADDRESSES section). Doug itself without the protective measures 1320, which implement provisions of Weihrauch, staff scientist for the provided by the Act. If at any time the Paperwork Reduction Act, require Appalachian Mountain Club Research during the 5-year monitoring program, Federal agencies to obtain approval Department, provided assistance with data indicate that protective status from OMB before collecting information the summary of the biological record for under the Act should be reinstated, we from the public. The OMB regulations at this species.

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List of Subjects in 50 CFR Part 17 PART 17—[AMENDED] § 17.96 [Amended] Endangered and threatened species, 1. The authority citation for part 17 3. Section 17.96(a) is amended by Exports, Imports, Reporting and continues to read as follows: removing the critical habitat entry for recordkeeping requirements, Authority: 16 U.S.C. 1361–1407; 16 U.S.C. ‘‘Potentilla robbinsiana, Robbins’ Transportation. 1531–1544; 16 U.S.C. 4201–4245; Pub L. 99– cinquefoil,’’ which is under Family 625, 100 Stat. 3500; unless otherwise noted. Rosaceae. Regulations Promulgation § 17.12 [Amended] Dated: June 26, 2002. For the reasons set out in the 2. Section 17.12(h) is amended by Steve Williams, preamble, we hereby amend part 17, removing the entry for ‘‘Potentilla Director, Fish and Wildlife Service. subchapter B of chapter I, title 50 of the robbinsiana, Robbins’ cinquefoil’’ under [FR Doc. 02–21704 Filed 8–26–02; 8:45 am] Code of Federal Regulations, as set forth ‘‘FLOWERING PLANTS’’ from the List BILLING CODE 4310–55–P below: of Endangered and Threatened Plants.

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Proposed Rules Federal Register Vol. 67, No. 166

Tuesday, August 27, 2002

This section of the FEDERAL REGISTER You may read any comments that we Done in Washington, DC, this 20th day of contains notices to the public of the proposed receive on this docket in our reading August, 2002. issuance of rules and regulations. The room. The reading room is located in Bobby R. Acord, purpose of these notices is to give interested room 1141 of the USDA South Building, Administrator, Animal and Plant Health persons an opportunity to participate in the Inspection Service. rule making prior to the adoption of the final 14th Street and Independence Avenue rules. SW., Washington, DC. Normal reading [FR Doc. 02–21738 Filed 8–26–02; 8:45 am] room hours are 8 a.m. to 4:30 p.m., BILLING CODE 3410–34–P Monday through Friday, except DEPARTMENT OF AGRICULTURE holidays. To be sure someone is there to help you, please call (202) 690–2817 DEPARTMENT OF TRANSPORTATION Animal and Plant Health Inspection before coming. Service Federal Aviation Administration APHIS documents published in the 7 CFR Part 330 Federal Register, and related 14 CFR Part 71 information, including the names of [Airspace Docket No. 02–ASO–18] [Docket No. 02–011–2] organizations and individuals who have commented on APHIS dockets, are Proposed Amendment of Class D Redelivery of Cargo for Inspection available on the Internet at http:// Airspace; Titusville, FL www.aphis.usda.gov/ppd/rad/ AGENCY: Animal and Plant Health webrepor.html. AGENCY: Federal Aviation Inspection Service, USDA. Administration (FAA), DOT. ACTION: Notice of reopening and FOR FURTHER INFORMATION CONTACT: Ms. ACTION: Notice of proposed rulemaking. extension of comment period. Pamela Byrne, Senior Staff Officer, Port Operations, PPQ, APHIS, 4700 River SUMMARY: This action proposes to SUMMARY: We are reopening and Road Unit 147, Riverdale, MD 20737– amend Class D airspace at Titusville, extending the comment period for our 1231; (301) 734–5242. FL. Daytona Beach Approach Control is proposed rule amending the regulations the controlling air traffic control facility pertaining to cargo entering the United SUPPLEMENTARY INFORMATION: for Instrument Flight Rules (IFR) States. The proposed rule would Background operations at Spacecoast Regional provide that inspectors from the Animal Airport, FL. Due to the high volume of and Plant Health Inspection Service On June 20, 2002, we published in the Visual Flight Rules (VFR) traffic (APHIS) may require that cargo that has Federal Register (67 FR 41868–41869, overflying the Spacecoast Regional entered the United States and been Docket No. 02–011–1) a proposal to Airport at low altitudes, Daytona Beach moved from the port of first arrival prior amend the regulations pertaining to Approach Control has requested the to inspection by an APHIS inspector be inspection of cargo entering the United Titusville, FL Class D airspace be returned to the port of first arrival or, if States. The proposed rule would lowered from 2,500 feet MSL to 1,900 convenient, another location, as provide that inspectors from the Animal feet MSL. specified by APHIS, for inspection and Plant Health Inspection Service DATES: Comments must be received on when necessary. This action will allow (APHIS) may require that cargo that has or before September 26, 2002. interested persons additional time to been moved from the port of first arrival ADDRESSES: Send comments on the prepare and submit comments. prior to inspection by APHIS be proposal in triplicate to: Federal DATES: We will consider all comments returned to the port of first arrival or, if Aviation Administration, Docket No. that we receive on or before September convenient, another location, as 02–ASO–18, Manager, Airspace Branch, 16, 2002. specified by APHIS, for inspection ASO–520, PO Box 20636, Atlanta, ADDRESSES: You may submit comments when necessary. Georgia 30320. by postal mail/commercial delivery or The official docket may be examined by e-mail. If you use postal mail/ Comments on the proposed rule were in the Office of the Regional Counsel for commercial delivery, please send four required to be received on or before Southern Region, Room 550, 1701 copies of your comment (an original and August 19, 2002. We are reopening and Columbia Avenue, College Park, Georgia three copies) to: Docket No. 02–011–1, extending the comment period on 30337, telephone (404) 305–5586. Regulatory Analysis and Development, Docket No. 02–011–1 for an additional FOR FURTHER INFORMATION CONTACT: PPD, APHIS, Station 3C71, 4700 River 30 days ending September 16, 2002. Walter R. Cochran, Manager, Airspace Road Unit 118, Riverdale, MD 20737– This action will allow interested Branch, Air Traffic Division, Federal 1238. Please state that your comment persons additional time to prepare and Aviation Administration, PO Box 20636, refers to Docket No. 02–011–1. If you submit comments. Atlanta, Georgia 30320; telephone (404) use e-mail, address your comment to Authority: 7 U.S.C. 450, 2260, 7711, 7712, 305–5586. [email protected]. Your 7714, 7718, 7731, 7734, 7751, and 7754; 19 SUPPLEMENTARY INFORMATION: comment must be contained in the body U.S.C. 1306; 21 U.S.C. 111, 114a, 136, and Comments Invited of your message; do not send attached 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and files. Please include your name and 4332; 7 CFR 2.22, 2.80, and 371.3. Interested parties are invited to address in your message and ‘‘Docket participate in this proposed rulemaking No. 02–011–1’’ on the subject line. by submitting such written data, views

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or arguments as they may desire. listed in this document would be thereafter be continuously published in the Comments that provide the factual basis published subsequently in the Order. Airport/Facility Directory. The FAA has determined that this supporting the views and suggestions * * * * * presented are particularly helpful in proposed regulation only involves an developing reasoned regulatory established body of technical Issued in College Park, Georgia, on August decisions on the proposal. Comments regulations for which frequent and 16, 2002. are specifically invited on the overall routine amendments are necessary to Walter R. Cochran, regulatory, aeronautical, economic, keep them operationally current. It, Acting Manager, Air Traffic Division, environmental, and energy-related therefore, (1) is not a ‘‘significant Southern Region. aspects of the proposal. regulatory action’’ under Executive [FR Doc. 02–21786 Filed 8–26–02; 8:45 am] Communications should identify the Order 12866; (2) is not a ‘‘significant BILLING CODE 4910–13–M airspace docket number and be rule’’ under DOT Regulatory Policies submitted in triplicate to the address and Procedures (44 FR 11034; February listed above. Commenters wishing the 26, 1979); and (3) does not warrant DEPARTMENT OF TRANSPORTATION preparation of a Regulatory Evaluation FAA to acknowledge receipt of their Federal Aviation Administration comments on this action must submit as the anticipated impact is so minimal. Since this is a routine matter that will with those comments a self-addressed, 14 CFR Part 71 stamped postcard on which the only affect air traffic procedures and air following statement is made: navigation, it is certified that this rule, [Airspace Docket No. 01–AWP–15] ‘‘Comments to Airspace Docket No. 02– when promulgated, will not have a ASO–18.’’ The postcard will be date/ significant economic impact on a Proposed Modification of Class E time stamped and returned to the substantial number of small entities Airspace; Needles Airport, CA commenter. All communications under the criteria of the Regulatory AGENCY: Federal Aviation received before the specified closing Flexibility Act. Administration (FAA), DOT. date for comments will be considered List of Subjects in 14 CFR Part 71 ACTION: Notice of proposed rulemaking. before taken action on the proposed rule. The proposal contained in this Airspace, Incorporation by reference, SUMMARY: This action proposes to action may be changed in light of the Navigation (air). modify the Class E airspace area at comments received. All commenters The Proposed Amendment Needles Airport, CA. The establishment submitted will be available to of an Area Navigation (RNAV) Global In consideration of the foregoing, the examination in the Office of the Positioning System (GPS) Standard Federal Aviation Administration Regional Counsel for Southern Region, Instrument Approach Procedure (SIAP) proposes to amend 14 CFR part 71 as Room 550, 1701 Columbia Avenue, to Runway (RWY) 29 at Needles Airport, follows: College Park, Georgia 30337, both before CA has made this proposal necessary. and after the closing date for comments. PART 71—DESIGNATION OF CLASS A, Additional controlled airspace A report summarizing public contact CLASS B, CLASS C, CLASS D, AND extending upward from 700 feet or more with FAA personnel concerned with CLASS E AIRSPACE AREAS; above the surface of the earth is needed this rulemaking will be filed in the AIRWAYS; ROUTES; AND REPORTING to contain aircraft executing the RNAV docket. POINTS (GPS) RWY 29 SIAP to Needles Airport, CA. The intended effect of this proposal Availability of NPRMs 1. The authority citation for part 71 is to provide adequate controlled Any person may obtain a copy of this continues to read as follows: airspace for Instrument Flight Rules Notice of Proposed Rulemaking (NPRM) Authority: 49 U.S.C. 106(g); 40103, 40113, (IFR) operations at Needles Airport, by submitting a request to the Federal 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Needles, CA. Aviation Administration, Manager, 1963 Comp., p. 389. EFFECTIVE DATE: Comments must be Airspace Branch, ASO–520, Air Traffic § 71.1 [Amended] received on or before October 11, 2002. Division, PO Box 20636, Atlanta, 2. The incorporation by reference in ADDRESSES: Send comments on the Georgia 30320. Communications must 14 CFR 71.1 of Federal Aviation proposal in triplicate to: Federal identify the docket number of this Administration Order 7400.9J, Airspace Aviation Administration, Attn: NPRM. Persons interested in being Designations and Reporting Points, Manager, Airspace Branch, AWP–520, placed on a mailing lists for future dated August 31, 2001, and effective Docket No. 01–AWP–15, Air Traffic NPRMs should also request a copy of September 16, 2001, is amended as Division, 15000 Aviation Boulevard, Advisory Circular No. 11–2A which follows: Lawndale, California 90261. describes the application procedure. The official docket may be examined The Proposal Paragraph 5000 Class D Airspace. in the Office of the Regional Counsel, Western-Pacific Region, Federal * * * * * The FAA is considering an Aviation Administration, Room 6007, amendment to part 71 of the Federal ASO FL D Titusville, FL [REVISED] 15000 Aviation Boulevard, Lawndale, Aviation Regulations (14 CFR part 71) to Spacecoast Regional Airport, FL California, 90261. amend Class D airspace at Titusville, (Lat. 28°30′53″ N, long, 80°47′57″ W) An informal docket may also be VL. Class D airspace designations for That airspace extending upward from the examined during normal business hours airspace areas extending upward from surface to and including 1,900 feet MSL at the Office of the Manager, Airspace the surface of the earth are published in within a 4-mile radius of Space Coast Branch, Air Traffic Division at the above Regional Airport; excluding the portion address. Paragraph 5000 of FAA Order 7400.9J, within Restricted Area R–2934 when it is dated August 31, 2001, and effective effective. This Class D airspace area is FOR FURTHER INFORMATION CONTACT: Jeri September 16, 2001, which is effective during the specific days and times Carson, Air Traffic Airspace Specialist, incorporated by reference in 14 CFR established in advance by a Notice to Airspace Branch, AWP–520, Air Traffic 71.1. The Class D airspace designation Airmen. The effective days and times will Division, Western-Pacific Region,

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Federal Aviation Administration, 15000 of a RNAV (GPS) RWY 29 SIAP at Designations and Reporting Points, Aviation Boulevard, Lawndale, Needles Airport has made this proposal dated August 31, 2001, and effective California, 90261, telephone (310) 725– necessary. Additional controlled September 16, 2001, is amended as 6611. airspace extending upward from 700 follows: feet above the surface is needed to SUPPLEMENTARY INFORMATION: Paragraph 6005 Class E airspace areas contain aircraft executing the RNAV Comments Invited extending upward from 700 feet or more (GPS) RWY 29 SIAP to Needles Airport. above the surface of the earth Interested parties are invited to The intended effect of this proposal is * * * * * participate in this proposed rulemaking to provide adequate controlled airspace by submitting such written data, views, for aircraft executing the RNAV (GPS) AWP CA E5 Needles Airport, CA [REVISED] or arguments, as they may desire. RWY 29 SIAP to Needles Airport, Needles Airport, CA Comments that provide the factual basis Needles, CA. Class E airspace areas (Lat. 34°45′58″ N., long. 114°37′24″ W.) supporting the views and suggestions extending upward from 700 feet or more Needles VORTAC presented are particularly helpful in above the surface of the earth are (Lat. 34°45′58″ N., long. 114°28′27″ W.) developing reasoned regulatory published in paragraph 6005 of FAA That airspace extending upward from 700 decisions on the proposal. Comments Order 7400.9J dated August 31, 2001, feet above the surface within a 6.6–mile are specifically invited on the overall and effective September 16, 2001, which radius of the Needles Airport; and that regulatory, aeronautical, economic, is incorporated by reference in 14 CFR airspace extending upward from 1,200 feet above the surface within 7.8 miles south and environmental, and energy-related 71.1. The Class E airspace designation 11.3 miles north of the Needles VORTAC aspects of the proposal. listed in this document would be 092° and 272° radials, extending from 9.6 Communications should identify the published subsequently in this Order. miles west to 20.9 miles east of the Needles airspace docket number and be The FAA has determined that this VORTAC. submitted in triplicate to the address proposed regulation only involves an * * * * * listed above. Commenters wishing the established body of technical FAA to acknowledge receipt of their regulations for which frequent and Issued in Los Angeles, California, on June 3, 2002. comments on this action must submit routine amendments are necessary to with the comments a self-addressed, keep them operationally current. John Clancy, stamped postcard on which the Therefore, this proposed regulation—(1) Manager, Air Traffic Division, Western-Pacific following statement is made: is not a ‘‘significant regulatory action’’ Region. ‘‘Comments to Airspace Docket No. 01– under Executive Order 12866; (2) is not [FR Doc. 02–21137 Filed 8–26–02; 8:45 am] AWP–15.’’ The postcard will be date/ a ‘‘significant rule’’ under DOT BILLING CODE 4910–13–M time stamped and returned to the Regulatory Policies and Procedures (44 commenter. All communications FR 11034; February 26, 1979); and (3) received on or before the specified does not warrant preparation of a DEPARTMENT OF TRANSPORTATION regulatory evaluation as the anticipated closing date for comments will be Federal Aviation Administration considered before taking action on the impact is so minimal. Since this is a routine matter that will only affect air proposed rule. The proposal contained 14 CFR Parts 413, 415, and 417 in this action may be changed in light traffic procedures and air navigation, it of comments received. All comments is certified that this proposed rule [Docket No. FAA–2002–7953; Notice No. 02– submitted will be available for would not have a significant economic 12] examination in the Airspace Branch, Air impact on a substantial number of small RIN 2120–AG37 Traffic Division, 15000 Aviation entities under the criteria of the Boulevard, Lawndale, California 90261, Regulatory Flexibility Act. Licensing and Safety Requirements for both before and after the closing date for List of Subjects in 14 CFR Part 97 Launch comments. A report summarizing each AGENCY: substantive public contact with FAA Airspace, Incorporation by reference, Federal Aviation personnel concerned with this Navigation (air). Administration (FAA), DOT. ACTION: Proposed rule; additional rulemaking will be filed in the docket. Adoption of the Amendment information. Availability of NPRM In consideration of the foregoing, the SUMMARY: Any person may obtain a copy of this Federal Aviation Administration The FAA is adding Notice of Proposed Rulemaking (NPRM) proposes to amend 14 CFR part 71 as information to the supplemental notice by submitting a request to the Federal follows: of proposed rulemaking (SNPRM) Aviation Administration, Airspace published on July 30, 2002. The PART 71—DESIGNATION OF CLASS A, Branch, 15000 Aviation Boulevard, information relates to the public CLASS B, CLASS C, CLASS D, AND Lawndale, California 90261. meeting procedures described in the CLASS E AIRSPACE AREAS; Communications must identify the SNPRM. This document provides a AIRWAYS; ROUTES; AND REPORTING docket number of this NPRM. Persons telephone number for interested parties POINTS interested in being placed on a mailing who wish to participate in the public meeting via telephone. list for future NPRM’s should also 1. The authority citation for 14 CFR request a copy of Advisory Circular No. part 71 continues to read as follows: DATES: The FAA will host a public 11–2A, which describes the application meeting on September 6, 2002, from Authority: 49 U.S.C. 106(g), 40103, 40113, 8:30 a.m. to 4 p.m. procedures. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. ADDRESSES: The public meeting will The Proposal take place at 800 Independence Avenue, The FAA is considering an § 71.1 [Amended] SW., Washington, DC. Anyone wishing amendment to 14 CFR part 71 by 2. The incorporation by reference in to participate in the public meeting via modifying the Class E airspace area at 14 CFR 71.1 of the Federal Aviation telephone should call (202) 493–2248, Needles Airport, CA. The establishment Administration Order 7400.9J, Airspace with no pass code required.

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FOR FURTHER INFORMATION CONTACT: with the corresponding Federal program under SMCRA and the Federal Brenda Parker, (202) 385–4713. regulations. regulations at 30 CFR 732.17(b). SUPPLEMENTARY INFORMATION: On July DATES: We will accept written Oklahoma sent the amendment at its 30, 2002, the FAA published a comments until 4 p.m., c.d.t., September own initiative. We announced receipt of supplemental notice of proposed 11, 2002. the proposed amendment in the December 11, 2001, Federal Register (66 rulemaking (SNPRM) to amend an ADDRESSES: You should mail or hand FR 63968) and invited public comment earlier proposal to amend the deliver written comments to Michael C. on its adequacy. The public comment commercial space transportation Wolfrom, Director, Tulsa Field Office at regulations governing licensing and period ended January 10, 2002. the address listed below. During our review of the amendment, safety requirements for launch (67 FR You may review copies of the we identified concerns relating to 49456). In that SNPRM, we described Oklahoma program, the amendment and employment and financial interests of procedures for a public meeting we will all written comments received in state employees and members of hold at the FAA headquarters building. response to this document at the advisory boards and commissions, See the DATES and ADDRESSES sections addresses listed below during normal incorrect cross-references, and of this notice for the time and location business hours, Monday through Friday, typographical errors. We notified of the meeting. We are not changing the excluding holidays. You may receive Oklahoma of the concerns by letter date and location of the public meeting. one free copy of the amendment by dated March 25, 2002 (Administrative In this document, we are adding a contacting OSM’s Tulsa Field Office. Record No. OK–993.04). On July 3, telephone number that interested parties Michael C. Wolfrom, Director, Tulsa may call to participate in the meeting 2002, Oklahoma sent us a revised Field Office, Office of Surface Mining, amendment (Administrative Record No. via telephone. It is not necessary for a 5100 East Skelly Drive, Suite 470, person who wishes to participate in the OK–993.05). Tulsa, Oklahoma 74135–6547, Oklahoma submitted revisions for the meeting to be physically present at the Telephone: (918) 581–6430. following provisions of the amendment. FAA headquarters in Washington, DC. A Oklahoma Department of Mines, 4040 person may call (202) 493–2248 to listen N. Lincoln Blvd., Suite 107, A. Section 460.20–5–4. Responsibility to the proceedings or to participate by Oklahoma City, Oklahoma 73105, 1. In paragraph (a)(8), Oklahoma asking a question or making a statement. Telephone: (405) 521–3859. proposes to add a provision to require No pass code or other number is FOR FURTHER INFORMATION CONTACT: the Financial Officer of the State required. Interested parties should note Michael C. Wolfrom, Director, Tulsa Department of Mines to inform members that this is not a toll-free number. Field Office. Telephone: (918) 581– of advisory boards, the Oklahoma Issued in Washington, DC, on August 21, 6430. Internet: [email protected]. Mining Commission, and commissions 2002. SUPPLEMENTARY INFORMATION: representing multiple interests about Anthony F. Fazio, who they can contact for advice and I. Background on the Oklahoma Director, Office of Rulemaking. counseling related to filing the Program [FR Doc. 02–21779 Filed 8–22–02; 3:57 pm] statement of employment and financial BILLING CODE 4910–13–P Section 503(a) of the Act permits a interests. state to assume primacy for the 2. Oklahoma proposes to revise regulation of surface coal mining and paragraph (b)(2) to read as follows: reclamation operations on non-Federal (2) Promptly review the statements to DEPARTMENT OF THE INTERIOR and non-Indian lands within its borders determine if employment and financial by demonstrating that its program interests which constitute a direct or indirect Office of Surface Mining Reclamation includes, among other things, ‘‘a state financial interest in underground or surface and Enforcement law which provides for the regulation of coal mining operations have been identified surface coal mining and reclamation correctly; 30 CFR Part 936 operations in accordance with the 3. Oklahoma proposes to retain requirements of the Act; and rules and [SPATS No. OK–028–FOR] existing paragraph (c) that requires regulations consistent with regulations members of advisory boards and Oklahoma Regulatory Program issued by the Secretary pursuant to the commissions who perform functions or Act.’’ See 30 U.S.C. 1253(a)(1) and (7). duties under the Act to recuse AGENCY: Office of Surface Mining On the basis of these criteria, the themselves from proceedings that may Reclamation and Enforcement, Interior. Secretary of the Interior conditionally affect their direct or indirect financial ACTION: Proposed rule; reopening and approved the Oklahoma program on interest. Previously, Oklahoma extension of public comment period on January 19, 1981. You can find proposed to delete this paragraph. background information on the proposed amendment. B. Section 460.20–5–6. Penalties Oklahoma program, including the SUMMARY: OSM is announcing receipt of Secretary’s findings, the disposition of Oklahoma proposes to revise revisions to a previously proposed comments, and the conditions of paragraph (a) pertaining to criminal amendment to the Oklahoma regulatory approval in the January 19, 1981, penalties and paragraph (b) pertaining program (Oklahoma program) under the Federal Register (46 FR 4902). You can to regulatory penalties so that these Surface Mining Control and find later actions concerning the penalties also apply to advisory board Reclamation Act of 1977 (SMCRA). The Oklahoma program at 30 CFR 936.15 members and commissioners. revisions concern employment and and 936.16. C. Section 460.20–5–7. Who Shall File financial interests of state employees and members of advisory boards and II. Discussion of the Proposed Oklahoma proposes to revise the commissions. It also concerns Amendment fourth sentence in paragraph (b) to read corrections of cross-references and By letter dated November 1, 2001 as follows: typographical errors. Oklahoma intends (Administrative Record No. OK–993), In those cases, the Director shall list the to revise its program to be consistent Oklahoma sent us an amendment to its title of boards, offices, bureaus, or divisions

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within the Department of Mines which do delivered to an address other than the that State programs contain rules and not perform any functions or duties under one listed above (see ADDRESSES). regulations ‘‘consistent with’’ the Act and list the positions not performing Electronic Comments: Please submit regulations issued by the Secretary functions or duties under the Act for only Internet comments as an ASCII, under SMCRA. those boards, offices, bureaus, or divisions WordPerfect, or Word file avoiding the that do have some employees performing Executive Order 12988—Civil Justice functions or duties under the Act. use of special characters and any form of encryption. Please also include ‘‘Attn: Reform D. Section 460.20–5–10. What To Report SPATS NO. OK–028–FOR’’ and your The Department of the Interior has 1. Oklahoma proposes to revise name and return address in your conducted the reviews required by paragraph (c)(3) to read as follows: Internet message. If you do not receive section 3 of Executive Order 12988 and a confirmation that we have received has determined that, to the extent (3) The exceptions shown in the your Internet message, contact the Tulsa allowed by law, this rule meets the certification portion of the form must provide Field Office at (918) 581–6430. enough information for the Director of the applicable standards of subsections (a) Availability of Comments: Our and (b) of this section. However, these Department, for employees, or the Governor’s practice is to make comments, including Office, Director of Appointments, for standards are not applicable to the advisory board or Commission members, to names and home addresses of actual language of State regulatory determine the existence of a direct or indirect respondents, available for public review programs and program amendments financial interest. Accordingly, the during regular business hours at OSM’s since each such program is drafted and exceptions should: Tulsa Field Office (see ADDRESSES). promulgated by a specific State, not Individual respondents may request that 2. Oklahoma proposes to revise OSM. Under sections 503 and 505 of we withhold their home address from paragraph (c)(4) to read as follows: SMCRA (30 U.S.C. 1253 and 1255) and the administrative record, which we 30 CFR 730.11, 732.15, and (4) Employees, advisory board members, will honor to the extent allowable by 732.17(h)(10), decisions on proposed and commissioners are cautioned to give law. There also may be circumstances in serious consideration to their direct and State regulatory programs and program which we would withhold from the amendments submitted by the States indirect financial interests before signing the administrative record a respondent’s statement of certification. * * * must be based solely on a determination identity, as allowable by law. If you of whether the submittal is consistent wish us to withhold your name and/or E. Section 460.20–15–6. Review of with SMCRA and its implementing address, you must state this Permit Applications Federal regulations and whether the prominently at the beginning of your Oklahoma proposes to revise other requirements of 30 CFR Parts 730, comment. However, we will not paragraph (b)(5)(C) to read as follows: 731, and 732 have been met. consider anonymous comments. We (C) Was not identified in the permit will make all submissions from Executive Order 13211—Regulations application. organizations or businesses, and from That Significantly Affect the Supply, F. Correction of Cross-References and individuals identifying themselves as Distribution, or Use of Energy Typographical Errors representatives or officials of organizations or businesses, available On May 18, 2001, the President issued Oklahoma proposes to correct for public inspection in their entirety. Executive Order 13211 which requires incorrect cross-references and agencies to prepare a Statement of typographical errors in Section 460:20– IV. Procedural Determinations Energy Effects for a rule that is (1) 3–5. Definitions, Section 462:20–5–10. Executive Order 12866—Regulatory considered significant under Executive What to report, and Section 460:20–45– Planning and Review Order 12866, and (2) likely to have a 46. Revegetation: standards for success. significant adverse effect on the supply, This rule is exempted from review by distribution, or use of energy. Because III. Public Comment Procedures the Office of Management and Budget this rule is exempt from review under under Executive Order 12866. We are reopening the comment period Executive Order 12866 and is not on the proposed Oklahoma program Executive Order 12630—Takings expected to have a significant adverse amendment to provide the public an This rule does not have takings effect on the supply, distribution, or use opportunity to reconsider the adequacy implications. This determination is of energy, a Statement of Energy Effects of the proposed amendment in light of based on the analysis performed for the is not required. the additional materials submitted. In counterpart Federal regulations. National Environmental Policy Act accordance with the provisions of 30 CFR 732.17(h), we are seeking Executive Order 13132—Federalism Section 702(d) of SMCRA (30 U.S.C. comments on whether the proposed This rule does not have federalism 1292(d)) provides that a decision on a amendment satisfies the applicable implications. SMCRA delineates the proposed State regulatory program program approval criteria of 30 CFR roles of the Federal and State provision does not constitute a major 732.15. If we approve the amendment, governments with regard to the Federal action within the meaning of it will become part of the Oklahoma regulation of surface coal mining and section 102(2)(C) of the National program. reclamation operations. One of the Environmental Policy Act (42 U.S.C. Written Comments: If you submit purposes of SMCRA is to ‘‘establish a 4332(2)(C)). A determination has been written or electronic comments on the nationwide program to protect society made that such decisions are proposed rule during the 15-day and the environment from the adverse categorically excluded from the NEPA comment period, they should be effects of surface coal mining process (516 DM 8.4.A). specific, should be confined to issues operations.’’ Section 503(a)(1) of Paperwork Reduction Act pertinent to the notice, and should SMCRA requires that State laws explain the reason for your regulating surface coal mining and This rule does not contain recommendation(s). We may not be able reclamation operations be ‘‘in information collection requirements that to consider or include in the accordance with’’ the requirements of require approval by the Office of Administrative Record comments SMCRA, and section 503(a)(7) requires Management and Budget under the

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Paperwork Reduction Act (44 U.S.C. DEPARTMENT OF TRANSPORTATION available for inspection or copying at 3507 et seq.). room PL–401 on the Plaza level of the Coast Guard Nassif Building, 400 Seventh Street, Regulatory Flexibility Act SW., Washington, DC, between 9 a.m. The Department of the Interior has 33 CFR Part 167 and 5 p.m., Monday through Friday, determined that this rule will not have [USCG–2002–12702] except Federal holidays. You may also a significant economic impact on a find this docket on the Internet at http:/ substantial number of small entities RIN 2115–AG45 /dms.dot.gov. under the Regulatory Flexibility Act (5 FOR FURTHER INFORMATION CONTACT: If U.S.C. 601 et seq.). The State submittal Traffic Separation Schemes: In the Strait of Juan de Fuca and Its you have questions on this proposed which is the subject of this rule is based rule, call Lieutenant Commander Jane C. upon counterpart Federal regulations for Approaches; in Puget Sound and Its Wong, Thirteenth Coast Guard District, which an economic analysis was Approaches; and in Haro Strait, Seattle, WA, telephone 206–220–7224, prepared and certification made that Boundary Pass, and the Strait of e-mail [email protected]; such regulations would not have a Georgia or George Detweiler, Coast Guard, Office significant economic effect upon a AGENCY: Coast Guard, DOT. of Vessel Traffic Management (G– substantial number of small entities. MWV), at 202–267–0574, e-mail Therefore, this rule will ensure that ACTION: Notice of proposed rulemaking. [email protected]. If you have existing requirements previously SUMMARY: The Coast Guard proposes to questions on viewing or submitting promulgated by OSM will be amend the existing traffic separation material to the docket, call Dorothy implemented by the State. In making the schemes (TSSs) in the Strait of Juan de Beard, Chief, Dockets, Department of determination as to whether this rule Fuca and its approaches, in Puget would have a significant economic Transportation, telephone 202–366– Sound and its approaches, and in Haro 5149. impact, the Department relied upon the Strait, Boundary Pass, and the Strait of SUPPLEMENTARY INFORMATION: data and assumptions for the Georgia. The proposed amendments counterpart Federal regulations. have been approved by the International Request for Comments Small Business Regulatory Enforcement Maritime Organization and have been We encourage you to participate in Fairness Act validated by a recent Port Access Route this rulemaking by submitting This rule is not a major rule under 5 Study. Implementing these amendments comments and related material. If you U.S.C. 804(2), the Small Business would provide better routing order and do so, please include your name and Regulatory Enforcement Fairness Act. predictability, increase maritime safety, address, identify the docket number for This rule: and reduce the potential for collisions, this rulemaking (USCG–2002–12702), a. Does not have an annual effect on groundings, and hazardous cargo spills. indicate the specific section of this the economy of $100 million. This rulemaking would incorporate document to which each comment b. Will not cause a major increase in these TSSs, as amended, into the Code applies, and give the reason for each costs or prices for consumers, of Federal Regulations. comment. You may submit your individual industries, federal, state, or DATES: Comments and related material comments and material by mail, hand local government agencies, or must reach the Docket Management delivery, fax, or electronic means to the geographic regions. Facility on or before October 28, 2002. Docket Management Facility at the c. Does not have significant adverse ADDRESSES: To make sure that your address under ADDRESSES; but please effects on competition, employment, comments and related material are not submit your comments and material by investment, productivity, innovation, or entered more than once in the docket, only one means. If you submit them by the ability of U.S. based enterprises to please submit them by only one of the mail or hand delivery, submit them in compete with foreign-based enterprises. following means: an unbound format, no larger than 81⁄2 This determination is based upon the (1) By mail to the Docket Management by 11 inches, suitable for copying and fact that the State submittal which is the Facility (USCG 2002–12702), U.S. electronic filing. If you submit them by subject of this rule is based upon Department of Transportation, room PL– mail and would like to know that they counterpart Federal regulations for 401, 400 Seventh Street, SW., reached the Facility, please enclose a which an analysis was prepared and a Washington, DC 20590–0001. stamped, self-addressed postcard or determination made that the Federal (2) By delivery to room PL–401 on the envelope. We will consider all regulation was not considered a major Plaza level of the Nassif Building, 400 comments and material received during rule. Seventh Street, SW., Washington, DC, the comment period. We may change Unfunded Mandates between 9 a.m. and 5 p.m., Monday this proposed rule in view of them. through Friday, except Federal holidays. This rule will not impose a cost of The telephone number is 202–366– Public Meeting $100 million or more in any given year 9329. We do not now plan to hold a public on any governmental entity or the (3) By fax to the Docket Management meeting. But you may submit a request private sector. Facility at 202–493–2251. for one to the Docket Management List of Subjects in 30 CFR Part 936 (4) Electronically through the Web Facility at the address under ADDRESSES Intergovernmental relations, Surface Site for the Docket Management System explaining why one would be mining, Underground mining. at http://dms.dot.gov. beneficial. If we determine that one The Docket Management Facility would aid this rulemaking, we will hold Dated: July 26, 2002. maintains the public docket for this one at a time and place announced by Ervin J. Barchenger, rulemaking. Comments and material a later notice in the Federal Register. Acting Regional Director, Mid-Continent received from the public, as well as Regional Coordinating Center. documents mentioned in this preamble Background and Purpose [FR Doc. 02–21743 Filed 8–26–02; 8:45 am] as being available in the docket, will Under the Ports and Waterways Safety BILLING CODE 4310–05–P become part of this docket and will be Act (33 U.S.C. 1221–1232) (PWSA), the

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Coast Guard establishes traffic 1997. The report further projected that groups. These included members of the separation schemes (TSSs), where the total container traffic through the public, such as representatives of the necessary, to provide safe access routes Puget Sound ports of Seattle and shipping industry, master mariners, for vessels proceeding to or from U.S. Tacoma is expected to grow by 131 per ports, pilots, environmental interests, ports. Before implementing new TSSs or cent, from 2.6 million TEUs (twenty-foot and U.S. Federal, State, local, and tribal modifying existing ones, we conduct a equivalent units) in 1997 to 6 million governments. The concerns raised were Port Access Route Study (PARS). TEUs in 2020. taken into account, including the costs Through the PARS process, we Other vessel traffic indicators and benefits to industry and the consulted with affected parties to pertaining to the study area suggest that environment. The recommended reconcile the need for safe access routes the greater Puget Sound area constitutes changes also took into account the with the need to accommodate other the third largest naval port complex in burden on, and the practical navigation reasonable uses of the waterway, such the United States and supports one of aspects for, the shipping industry. We as oil and gas exploration, deepwater the nation’s highest per capita published the study results in the port construction, establishment of recreational boat ownership Federal Register on January 22, 2001 marine sanctuaries, and recreational and populations. (66 FR 6514). commercial fishing. If a PARS Existing TSSs. There are The PARS concluded that the current recommends a new or modified TSS, we internationally approved TSSs in the TSSs should be modified by— must initiate a rulemaking to implement Strait of Juan de Fuca and its 1. Reconfiguring and extending the TSS. Once a TSS is established, the approaches and in Puget Sound and its seaward the TSS at the entrance to the right of navigation is considered approaches. The TSSs in the Strait of Strait of Juan de Fuca; paramount within the TSS. Juan de Fuca and its approaches were 2. Modifying the location, orientation, Approximately 11,000 vessels of adopted by the International Maritime and dimensions of the Strait of Juan de greater than 300 gross tons (GT) moved Organization (IMO) on April 3, 1981, Fuca TSS; through the Strait of Juan de Fuca in and implemented on January 1, 1982. 3. Relocating the Pilot Area and 1999. It is anticipated that this number The TSSs in Puget Sound and its reconfiguring the traffic lanes and will increase to approximately 17,000 approaches were adopted by IMO in precautionary area off Port Angeles, by the year 2025. In the PARS, it was December 1992 and implemented on Washington, to improve traffic flow and estimated that approximately 15.1 June 10, 1993. These TSSs are reflected reduce risks; billion gallons of crude oil, refined on NOAA chart 18400 and in ‘‘Ships 4. Moving the vessel traffic lanes products, and bunker fuel oil would be Routeing,’’ Seventh Edition 1999, southeast of Victoria, British Columbia, moved through the Strait in 2000. By International Maritime Organization. farther off shore; 2025, the volume is expected to increase Port Access Route Study (PARS). We 5. Establishing precautionary areas off to approximately 19.2 billion gallons. published a notice of study in the of Discovery Island and around the About 7.6 billion gallons of this total Federal Register on January 20, 1999 Victoria Pilot Station; volume will be crude oil imported to (64 FR 3145). The study was to review 6. Creating a new two-way route in refineries in the Puget Sound area. and evaluate the need for modifications Haro Strait and Boundary Pass and Additional crude oil is exported from to current vessel routing and traffic establishing a precautionary area off of Canada’s Port of Vancouver and 2.8 management measures for the Strait of Turn Point; billion gallons of refined products will Juan de Fuca, Haro Strait, Boundary 7. Expanding precautionary area ‘‘RB’’ be exported from Puget Sound. Pass, the Strait of Georgia, Rosario at the south end of Rosario Strait; Other indicators of increasing Strait, and adjacent waters. The study 8. Revising and aligning the existing maritime activity in the area include the area also included both U.S. and TSS in Georgia Strait with the existing following: Canadian TSSs and the Area to be TSS north of Rosario Strait and linking 1. Expansion of the Port of Avoided (ATBA) ‘‘Off the Washington them with a new precautionary area off Vancouver’s Delta Port, just north of the Coast’’. United States and Canadian of East Point; and international border on the Strait of Coast Guards manage portions of the 9. Creating a new precautionary area Georgia in British Columbia. Some study area jointly. Joint waterway in Georgia Strait west of Delta Port and experts in the field predict that this management is accomplished primarily the Tsawwassen Ferry terminal. facility will become one of the foremost through the Cooperative Vessel Traffic Discussion of Proposed Rule container terminals on the west coast. System (CVTS). Under the CVTS 2. The proposed gateway terminal Agreement, vessel traffic transiting the This rulemaking would amend the near Cherry Point on the Strait of study area is managed by vessel traffic existing TSSs in the Strait of Juan de Georgia in Washington State. When centers located at Tofino and Victoria, Fuca and its approaches; in Puget constructed, it will create an British Columbia, Canada, and Seattle, Sound and its approaches; and in Haro opportunity for increased vessel transits Washington, irrespective of the Strait, Boundary Pass, and the Strait of in the Strait of Georgia. boundary between the two countries. Georgia. The existing TSSs are 3. Potential Pacific-Rim trade The PARS was developed based on delineated in ‘‘Ships Routeing,’’ expansion resulting from China several related vessel traffic studies, Seventh Edition 1999, International receiving most favored nation trading Waterways Analysis and Management Maritime Organization, but not yet status. Pacific Northwest ports are closer System (WAMS) reports, and extensive codified in the Code of Federal to the Orient via great-circle routing consultations between the governments Regulations (CFR). The amendments are than are other U.S mainland ports. of the United States and Canada. In based on the recommendations of the The 1999 Marine Cargo Forecast by addition, the officials of both PARS study published in the Federal the Washington Public Ports governments embarked on a vigorous Register on January 22, 2001 (66 FR Association’s projected that the total outreach program to present 6514). We propose the following waterborne tonnage through Puget recommended changes in the study area changes to the existing TSSs: Sound ports will increase by 42 per cent and request commentary from a wide 1. Reconfiguring and extending to nearly 121.6 million tons in 2020, group of waterway users and other seaward the TSS at the entrance to the compared with 85.6 million tons in potentially affected and interested Strait of Juan de Fuca. All traffic

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entering the Strait of Juan de Fuca is changes would minimize potential traffic following the TSS or the traffic presently funneled into the Strait conflicts and improve the existing choosing to follow the informal inshore through one of two short traffic lanes. configuration. These recommendations traffic lanes. The current TSS routing The inbound traffic lane originating would provide routing order and leading to the Port Angeles pilot station from the southwest may bring traffic predictability farther offshore, thereby has been identified through casualty within 1 mile of Duntze Rock. This reducing conflicts between vessels histories as a substantial cause for convergence near Buoy Juliet is close to following the TSS and vessels fishing at concern. Vessels bound for the Port the rocky shoreline of Cape Flattery, lies the entrance to the Strait. Angeles pilots station are required by within the Olympic Coast National 2. Modifying the location, orientation, the TSS to steer almost directly on Ediz Marine Sanctuary, and funnels inbound and dimensions of the existing TSS in Hook. To pick up a pilot, a vessel must southern traffic along the northern and the Strait of Juan de Fuca. In its current first execute a 60-degree turn, then slow western borders of an existing Area To configuration, over two-thirds of the to varying speeds, which creates Be Avoided (ATBA). TSS is located on the United States side different impacts on steerage. At this It is customary for a large percentage of the International Boundary. The point, a vessel may be particularly of the slower moving traffic, often tugs separation zone flares to a maximum vulnerable to currents and seas. If an and barges and small fishing vessels, to width of approximately four nautical engineering failure occurred during this transit inbound and outbound south of miles, of which three nautical miles are operation, the vessel would be at risk of the designated traffic lanes when on in U.S. waters. This alignment of the a drift or powered grounding on Ediz coastwise voyages to and from the TSS reduces the amount of navigable Hook. By changing the traffic lane south. This practice eliminates the need water available to vessels transiting, leading to the pilot station and by for slower moving southbound traffic to outbound or inbound, south of the TSS relocating the station itself, the need for cross the traffic lanes and the numerous and places inbound traffic following the an incoming deep draft vessel to steer overtaking situations arising from lanes closer to land than vessels directly toward shoal water as it disparate transit speeds. However, transiting in the outbound lanes. approaches the pilot station would be under the present configuration, this In the western segment of the TSS, the eliminated. The addition of a new east/ traffic is forced to transit extremely proposed rule would shift the TSS a west TSS leading east from close to Duntze Rock and may end up half-mile to the north and reduce the precautionary area ‘‘PA’’ establishes a infringing on either the ATBA or the width of the entire separation zone to a predictable route for those vessels that inbound traffic lane. maximum of 3 nautical miles. The do not require pilotage thus reducing Traditional commercial and sports minimum width of the separation zone the risk of collision with vessels that are fishing areas are in and adjacent to the and the width of the traffic lanes would maneuvering to pick up a pilot. traffic lanes at the entrance to the Strait. remain one nautical mile. Doing so 4. Moving the vessel traffic lanes Occasionally, fishing vessels in the area would reduce the potential for powered southeast of Victoria, British Columbia, create a conflict for vessels following groundings on the U.S. shoreline by farther off shore. On the Canadian side the TSS, particularly during periods of creating a larger buffer between the TSS of the international boundary, outbound reduced visibility. and shore. It also would create tugs and barges exit the TSS at This rulemaking would extend the additional space for the existing in- Discovery Island and head directly for TSS at the entrance of the Strait of Juan shore traffic that transits south of the the inshore routes south of Race Rocks, de Fuca approximately 10 miles farther TSS and would accommodate the cutting across the inbound and offshore and would center the recommended routes proposed to IMO. outbound TSS lanes south of Victoria. separation zone on the international We have considered the impact of the Outbound fishing vessels exiting Baynes border at the entrance. Both of these proposed changes on the existing Channel or passing east of Discovery actions would create a ‘‘buffer zone’’ Canadian Practice Firing Range Island attempt to stay north of the TSS between the southernmost TSS lane and (Exercise Area WH). Exercises will but often infringe upon the lanes near Duntze Rock and the nearby ATBA. continue to be conducted in a manner Trial Island, Discovery Island, and the This relocation provides significant sea not to conflict with commercial traffic pilot station. This behavior creates room for resolving conflicting routes as following the TSS. unnecessary and potentially dangerous vessels converge toward the entrance of 3. Relocating the Pilot Area and interactions between deep draft vessels the Strait, thereby improving order and reconfiguring the traffic lanes and following the TSS and smaller vessels predictability for all entry and exit precautionary area off Port Angeles to that choose to skirt the TSS or cut lanes. These changes, along with improve traffic flow and reduce risks. diagonally across the TSS. changes being proposed for the ATBA Five TSSs converge at the precautionary The proposed change would create an boundary, would allow sufficient room areas (‘‘PA’’ and ‘‘ND’’) located to the inshore buffer by decreasing the width for slower moving vessels to transit north and east of Port Angeles. Ferries, of the TSS leading from the Victoria without conflicting with inbound traffic recreational vessels, piloted deep draft Pilot Station to the turn south of steering for the southern approach to the vessels, non-piloted deep draft vessels, Discovery Island while maintaining the TSS. It would also provide a greater tugs and tows, naval vessels, and large same southern boundary on the inbound margin of safety around the hazards of and small commercial fishing vessels all lane. This buffer zone would allow Duntze Rock and Tatoosh Island. interact and compete for space at this fishing vessels and other small, slow Finally, it would create the space convergence point in the traffic scheme. moving vessels to transit directly necessary to accommodate the The present traffic configuration was between Discovery Island and Race recommended routes proposed to IMO. designed primarily to deliver inbound Rocks, then inshore north of the TSS, In developing these proposed changes vessels to the pilot stations located at while avoiding the deep-draft TSS. to the TSS, we considered the location Port Angeles and Victoria. The impact 5. Establishing precautionary areas off of the traditional fishing grounds off the on vessel safety or other waterway users Discovery Island and around the entrance to the Strait of Juan de Fuca. may have been overshadowed. For Victoria Pilot Station. The Victoria Pilot Although it was not possible to example, the present configuration does Station is at the convergence of two completely segregate the TSS from the not separate the Port Angeles pilots TSSs where there is significant traffic fishing grounds, the recommended boarding area from either the through congestion as vessels transit to and from

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the ports of Victoria and Esquimault. turns in the TSS approaching Tsawwassen Ferry Terminal as they get Likewise, two TSSs converge off precautionary area ‘‘RB’’ could not be up to maneuvering speed before and Discovery Island where vessels often eliminated without placing the TSS while entering the TSS. enter or depart the traffic scheme. Both uncomfortably close to other shoal Regulatory Evaluation of these are areas where vessels should water. proceed with particular caution. The This proposed rule would replace a This proposed rule is not a proposed rule addresses this by small portion of the existing traffic lane ‘‘significant regulatory action’’ under proposing to establish precautionary with an expansion of precautionary area section 3(f) of Executive Order 12866, areas ‘‘V’’ and ‘‘HS.’’ ‘‘RB’’. The safety of deep draft transits Regulatory Planning and Review, and 6. Creating a new two-way route in would be enhanced by eliminating a does not require an assessment of Haro Strait and Boundary Pass and routing measure that large ships cannot potential costs and benefits under establishing a precautionary area off comply with and replacing it with a section 6(a)(3) of that Order. The Office Turn Point. There are currently no precautionary area where ships must of Management and Budget has not formal traffic lanes in Haro Strait and navigate with particular caution. reviewed it under that Order. It is not Boundary Pass. In recent years, the level 8. Revising and aligning the existing ‘‘significant’’ under the regulatory of recreational boating has significantly TSS in Georgia Strait with the exiting policies and procedures of the increased. There has also been an TSS north of Rosario Strait and linking Department of Transportation (DOT)(44 explosive growth in the number of small them with a new precautionary area off FR 11040, February 26, l979). We expect commercial vessels providing whale- East Point. There is presently no routing the economic impact of this proposed watching tours off the western shore of measure connecting the TSS that rule to be so minimal that a full San Juan Island. With this growth have terminates off Patos Island with the TSS Regulatory Evaluation under paragraph come increased conflicts with deep draft that terminates off Saturna Island. 10e of the regulatory policies and vessels. Furthermore, these two TSSs are not procedures of DOT is unnecessary. Turn Point is one of the more aligned. Traffic exiting the Strait of navigationally challenging areas of Haro Georgia bound for Rosario Strait follows Costs Strait and Boundary Pass. Transiting the TSS to its termination before angling This proposed rule would result in a vessels must negotiate a blind right- back to the north to enter the TSS at slight increase in transit time because angle turn at varying distances from Patos Island. Routing vessels in this the proposed rule would extend the TSS shore depending on their direction of manner crowds them and creates a at the entrance of the Strait of Juan de travel and the presence of strong possible conflict with traffic Fuca approximately 10 miles farther currents. In addition, numerous southbound for Boundary Pass. Finally offshore. The additional 10-mile transit secondary channels and passages route there is no precautionary area in the coming to or from the Strait of Juan de traffic into Haro Strait in the vicinity of vicinity of East Point, where traffic Fuca through the southwestern Turn Point. merges from several directions. approach could result in a minimal This proposed rule would establish a This proposed rule would create a increase in cost to the industry. two-way route in Haro Strait and seamless and logical traffic scheme for There would be no anticipated costs Boundary Pass that connects into two this area. Existing TSSs are aligned and for vessels traveling to, from, and within existing TSSs to the south. This would connected to the new two-way route in the Strait of Juan de Fuca and adjacent increase order and predictability for Boundary Pass through the creation of a waterways to the north. Also, there vessel traffic in these waters. By new precautionary area. By providing a would be no anticipated costs because establishing a formal traffic route, the contiguous TSS that connects the new of modifications, reconfigurations, and provisions of Rule 10 of the COLREGS Boundary Pass traffic lane with the extensions of the TSSs in Puget Sound would apply. This would reduce existing or modified TSS in the Strait of and its approaches, in Haro Strait, in dangerous interactions between the Georgia and by establishing a Boundary Pass, and in the Strait of deep draft vessels following the TSS contiguous TSS connecting the old Georgia. and smaller vessels that choose not to Patos Island TSS and the Georgia Strait follow the TSS. The edge of the traffic TSS, traffic bound for Rosario Strait Benefits lane would be moved to the east from could follow the TSS without impeding There would be no quantifiable Kellet Bluff to Turn Point and a flair or traffic southbound for Boundary Pass. benefits associated with codifying in the pull out would be created south of Turn The new precautionary area would CFR the existing TSSs in the Strait of Point to provide maneuvering room for highlight the need for potential crossing Juan de Fuca and its approaches, in a vessel to safely negotiate the strong traffic in this area to exercise caution Puget Sound and its approaches, and in ebb currents. A precautionary area and would provide oil tankers departing Haro Strait, Boundary Pass, and the around Turn Point is being proposed for Cherry Point bound for Haro Strait with Strait of Georgia. There would be this navigationally challenging area a predictable and safe location to enter qualitative benefits as follows: where vessels must negotiate a sight- the traffic scheme. 1. By routing traffic farther offshore, obscured, right-angle turn in the 9. Creating a new precautionary area the TSS would reduce the risk of drift presence of strong currents and in Georgia Strait west of Delta Port and groundings and resulting pollution, numerous small craft. the Tsawwassen Ferry Terminal. The property damage, and injuries. 7. Expanding precautionary area recently completed container facility at 2. The new exit lane north of Buoy J ‘‘RB’’ at the south end of Rosario Strait. Delta Port has significantly increased would reduce the risk of collision by Deep draft vessels often cannot the volume of traffic entering and reducing congestion and provide greater precisely follow the existing TSS when departing the TSS in the Strait of order and predictability for vessels approaching Rosario Strait from the Georgia. There has also been a transiting the area. south. Strong currents make it significant increase in traffic to and 3. Shifting lanes in the Strait would impossible for vessels to avoid the from the Tsawwassen Ferry Terminal. A reduce the risk of powered groundings. separation zone as they negotiate the new precautionary area southwest of 4. Reconfiguring the traffic lanes and slight turns in the TSS just south of Delta Port would accommodate vessels precautionary area off Port Angeles precautionary area ‘‘RB’’. The small departing Delta Port and the would reduce the risk of powered

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groundings on Ediz Hook and the risk would decrease the adverse economic was necessary in the development and of collision at the Pilot Boarding effects on the region caused by implementation of a TSS. Throughout Station. casualties and pollution. the history of the development of the 5. Accommodating recreational-vessel Therefore, the Coast Guard certifies TSSs in the Strait of Juan de Fuca and routes would facilitate the separation of under 5 U.S.C. 605(b) that this proposed its approaches, in Puget Sound and its fast/slow and big/small traffic. rule would not have a significant approaches, and in Haro Strait, 6. Creating a new two-way route in economic impact on a substantial Boundary Pass, and the Strait of Haro Strait and Boundary Pass with a number of small entities. If you think Georgia, we have consulted with the precautionary area off Turn Point would that your business, organization, or affected State and Federal pilots’ increase order and predictability. governmental jurisdiction qualifies as a associations, vessel operators, users, Interaction between deep draft and tug small entity and that this rule would United States and Canadian Vessel traffic with smaller vessels would be have a significant economic impact on Traffic Services, Canadian Coast Guard reduced, thus providing more it, please submit a comment to the and Transport Canada representatives, maneuvering room for vessels. Docket Management Facility at the environmental advocacy groups, Native 7. Extending the precautionary area address under ADDRESSES. In your American tribal groups, and all affected ‘‘RB’’ would reduce the risk of collision comment, explain why you think it stakeholders. by eliminating a routing measure with qualifies and how and to what degree Presently, there are no Washington which large ships cannot comply and this rule would economically affect it. State laws or regulations concerning the would replace it with a precautionary same subjects as are contained in this Assistance for Small Entities area. proposed rule. We understand that the 8. Providing a contiguous TSS Under section 213(a) of the Small State does not contemplate issuing any connecting Boundary Pass traffic with Business Regulatory Enforcement such rules. However, it should be noted the TSS in the Strait of Georgia would Fairness Act of 1996 (Pub. L. 104–121), that, by virtue of the PWSA authority, reduce the risk of collision due to the we want to assist small entities in the TSSs proposed in this rule would decreased conflict between traffic bound understanding this proposed rule so that preempt any State rule on the same for Rosario Strait or Boundary Pass and they can better evaluate its effects on subject. would provide greater order for vessels them and participate in the rulemaking. In order to apply to foreign-flag merging from several directions from If the rule would affect your small vessels on the high seas, TSSs must be the vicinity of East Point. business, organization, or governmental submitted to, approved by, and jurisdiction and you have questions Small Entities implemented by the International concerning its provisions or options for Maritime Organization (IMO). The Under the Regulatory Flexibility Act compliance, please consult George individual States of the United States (5 U.S.C. 601–612), we have considered Detweiler, Coast Guard, Marine are not represented at IMO; that is the whether this proposed rule would have Transportation Specialist, at 202–267– role of the Federal government. The a significant economic impact on a 0574. Coast Guard is the principal United substantial number of small entities. Small businesses may send comments States agency responsible for advancing The term ‘‘small entities’’ comprises on the actions of Federal employees the interests of the United States at IMO. small businesses, not-for-profit who enforce, or otherwise determine We recognize the interest of all local organizations that are independently compliance with, Federal regulations to stakeholders as we work at IMO to owned and operated and are not the Small Business and Agriculture advance the goals of these TSSs. We dominant in their fields, and Regulatory Enforcement Ombudsman will continue to work closely with the governmental jurisdictions with and the Regional Small Business stakeholders in developing the final rule populations of less than 50,000. Regulatory Fairness Boards. The to ensure that the waters affected by this We do not anticipate that this Ombudsman evaluates these actions proposed rule are made safer and more rulemaking would have a significant annually and rates each agency’s environmentally secure. economic impact on a substantial responsiveness to small business. If you number of small entities. Most vessels wish to comment on actions by Unfunded Mandates Reform Act using the TSSs are commercial vessels employees of the Coast Guard, call 1– The Unfunded Mandates Reform Act of more than 300 gross tons. The largest 888–REG–FAIR (1–888–734–3247). of 1995 (2 U.S.C. 1531–1538) requires concentration of possible small entities Federal agencies to assess the effects of using the TSSs consists of oceangoing Federalism their discretionary regulatory actions. In tug/barge operators and small to A rule has implications for federalism particular, the Act addresses actions medium fishing vessels. Since recent under Executive Order 13132, that may result in the expenditure by a studies indicate that most tug and barge Federalism, if it has a substantial direct State, local, or tribal government, in the combinations transit the coast effect on State or local governments and aggregate, or by the private sector of approximately 15 to 25 miles offshore, would either preempt State law or $100,000,000 or more in any one year. the economic impact of this proposed impose a substantial direct cost of Though this proposed rule would not rule on these vessels should be minimal. compliance on them. We have analyzed result in such an expenditure, we do This rulemaking has been conducted this proposed rule under that Order and discuss the effects of this rule elsewhere with the goal of minimizing any impact have determined that it does not have in this preamble. on fisheries. implications for federalism. Some vessel owners and operators, The Ports and Waterways Safety Act Taking of Private Property whether or not they are small entities, (PWSA) authorizes the Secretary of This proposed rule would not effect a may incur a minimal cost due to the Transportation to issue regulations to taking of private property or otherwise proposed 10-mile increase in transit designate TSSs to protect the marine have taking implications under distance. This proposed rule would environment. In enacting the PWSA in Executive Order 12630, Governmental adjust existing TSSs, which would 1972, Congress found that advance Actions and Interference with provide an increased level of safety for planning and consultation with the Constitutionally Protected Property mariners using the TSS. In turn, this affected States and other stakeholders Rights.

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Civil Justice Reform additional economic cost to the tribes as energy action’’ under that order because This proposed rule meets applicable a result of the proposed alteration to the it is not a ‘‘significant regulatory action’’ standards in sections 3(a) and 3(b)(2) of separation zone. This alteration reflects under Executive Order 12866 and is not Executive Order 12988, Civil Justice a consideration of the needs of the tribal likely to have a significant adverse effect Reform, to minimize litigation, nations’ drift-net fishery, balanced with on the supply, distribution, or use of the need to provide for safer transit eliminate ambiguity, and reduce energy. It has not been designated by the routes farther from the Olympic burden. Administrator of the Office of Peninsula. Information and Regulatory Affairs as a Protection of Children We have reviewed this proposed rule significant energy action. Therefore, it under Executive Order 13175, We have analyzed this proposed rule does not require a Statement of Energy Consultation and Coordination with under Executive Order 13045, Effects under Executive Order 13211. Indian Tribal Governments. Protection of Children from Rulemakings that are determined to Environment Environmental Health Risks and Safety have ‘‘tribal implications’’ under that We have considered the Risks. This rule is not an economically Order (i.e., have a substantial direct environmental impact of this proposed significant rule and would not create an effect on one or more Indian tribes, on rule and concluded that, under figure 2– environmental risk to health or risk to the relationship between the Federal 1, paragraph (34)(i), of Commandant safety that might disproportionately Government and Indian tribes, or on the Instruction M16475.lD, this rule is affect children. distribution of power and categorically excluded from further Indian Tribal Governments responsibilities between the Federal environmental documentation. This Government and Indian tribes) require Several Native American tribes rulemaking concerns navigational aids, the preparation of a tribal summary traditionally fish in the Strait of Juan de which include TSSs. A ‘‘Categorical impact statement. This proposed rule Fuca. The existing TSS in the Strait Exclusion Determination’’ is available in would not have implications of the kind provides a broad separation zone, which the docket where indicated under envisioned under the Order, because it allows ample room for the tribes’ ADDRESSES. would not impose substantial direct traditional gill-net fishery between the compliance costs on tribal governments, List of Subjects in 33 CFR part 167 inbound and outbound vessel traffic preempt tribal law, or substantially Harbors, Marine safety, Navigation lanes. The tribes also fish in the waters affect lands or rights held exclusively (water), and Waterways. south of the inbound lane, between that by, or on behalf of, those governments. For the reasons discussed in the lane and the northern shore of the Whether or not the Executive Order preamble, the Coast Guard proposes to Olympic Peninsula. applies in this case, it is the policy of amend 33 CFR part 167 as follows: When the PARS study was completed, the Coast Guard to seek out and consult it recommended that the broad with Native Americans on all of its PART 167—OFFSHORE TRAFFIC separation zone be narrowed and rulemakings that may affect them. We SEPARATION SCHEMES aligned with the international border, a have published a separate notice in the proposal that would straighten the 1. The authority citation for part 167 Federal Register (66 FR 36361, July 11, continues to read as follows: routes for vessels transiting the TSS and 2001) to help the Coast Guard establish move them farther north of Olympic regular and meaningful consultation Authority: 33 U.S.C. 1223; 49 CFR 1.46. Peninsula. Local tribal representatives and collaboration with Indian and 2. Add §§ 167.1300 through 167.1303 objected to this recommendation Alaskan Native tribes on how to best to read as follows: because they believed it would carry out the Order. With regard to this significantly decrease the area available proposed rule, we invite your comments § 167.1300 In the approaches to the Strait to fish, by leaving insufficient room to on how it might impact tribal of Juan de Fuca: General. deploy their nets without interfering governments, even if that impact may The traffic separation scheme for the with, or being interfered by, deep-draft not constitute a ‘‘tribal implication’’ approaches to the Strait of Juan de Fuca vessels transiting the Strait. To address under the Order. consists of three parts: the western their concerns, we met with these tribal approach, the southwestern approach, nations in March and August of 2000 Environmental Justice and precautionary area ‘‘JF’’. These and February of 2001. The meetings We have analyzed this proposed rule parts are described in §§ 167.1301 were intended to gather their under Executive Order 12898, Federal through 167.1303. The geographic recommendations on how to improve Actions to Address Environmental coordinates in §§ 167.1301 through the TSS, yet minimize the impact on Justice in Minority Populations and 167.1303 are defined using North their drift-net fishery. Following these Low-Income Populations. We have American Datum (NAD 83). meetings, the tribal nations submitted determined that this proposed rule recommendations to widen the § 167.1301 In the approaches to the Strait would not result in disproportionately of Juan de Fuca: Western approach. separation zone. Based on these high and adverse human health or submittals and the discussion at the environmental effects on minority In the western approach to the Strait meetings, we reassessed the PARS populations and low-income of Juan de Fuca, the following are recommendation and widened the populations, including Native American established: proposed zone enough to support their tribal nations. (a) A separation zone bounded by a drift-net fishery. line connecting the following We do not foresee that this proposed Energy Effects geographical positions: rule would compel the tribes to We have analyzed this proposed rule significantly alter their current fishery. under Executive Order 13211, Actions Latitude Longitude Furthermore, it would provide some Concerning Regulations That 48°30.10′N 125°09.00′W benefits by increasing the area available Significantly Affect Energy Supply, 48°30.10′N 125°04.67′W for fishing south of the inbound traffic Distribution, or Use. We have 48°29.11′N 125°04.67′W lane. We do not anticipate any determined that it is not a ‘‘significant 48°29.11′N 125°09.00′W

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(b) A traffic lane for westbound traffic Latitude Longitude Latitude Longitude between the separation zone and a line connecting the following geographical 48°30.10′N 125°00.00′W 48°12.90′N 123°55.24′W positions: 48°31.09′N 125°00.00′W 48°12.94′N 123°32.89′W 48°31.09′N 125°04.67′W § 167.1312 In the Strait of Juan de Fuca: Latitude Longitude 3. Add §§ 167.1310 through 167.1315 Southern lanes. to read as follows: 48°31.09′N 125°04.67′W In the southern lanes of the Strait of 48°31.93′N 125°09.00′W § 167.1310 In the Strait of Juan de Fuca: Juan de Fuca, the following are General. established: (c) A traffic lane for eastbound traffic (a) A separation zone bounded by a between the separation zone and a line The traffic separation scheme in the Strait of Juan de Fuca consists of five line connecting the following connecting the following geographical geographical positions: positions: parts: The western lanes, southern lanes, northern lanes, eastern lanes, and Latitude Longitude Latitude Longitude precautionary area ‘‘PA’’. These parts are described in §§ 167.1311 through 48°10.82′N 123°25.44′W 48°27.31′N 125°09.00′W ° ′ ° ′ ° ′ ° ′ 167.1315. The geographic coordinates in 48 12.38 N 123 28.68 W 48 28.13 N 125 04.67 W §§ 167.1311 through 167.1315 are 48°12.90′N 123°28.68′W defined using North American Datum 48°12.84′N 123°27.46′W § 167.1302 In the approaches to the Strait ° ′ ° ′ of Juan de Fuca: Southwestern approach. (NAD 83). 48 10.99 N 123 24.84 W In the southwestern approach to the (b) A traffic lane for northbound § 167.1311 In the Strait of Juan de Fuca: traffic between the separation zone and Strait of Juan de Fuca, the following are Western lanes. established: a line connecting the following In the western lanes of the Strait of geographical positions: (a) A separation zone bounded by a Juan de Fuca, the following are line connecting the following established: Latitude Longitude geographical positions: (a) A separation zone bounded by a line connecting the following 48°11.24′N 123°23.82′W Latitude Longitude geographical positions: 48°12.72′N 123°25.34′W 48°23.99′N 125°06.54′W (c) A traffic lane for southbound 48°27.63′N 125°03.38′W Latitude Longitude traffic between the separation zone and ° ′ ° ′ 48 27.14 N 125 02.08 W ° ′ ° ′ a line connecting the following 48°23.50′N 125°05.26′W 48 29.11 N 125 00.00 W 48°29.11′N 124°43.78′W geographical positions: (b) A traffic lane for north-eastbound 48°13.89′N 123°54.84′W traffic between the separation zone and 48°13.89′N 123°31.98′W Latitude Longitude a line connecting the following 48°14.49′N 123°31.98′W ° ′ ° ′ 48°12.94′N 123°32.89′W geographical positions: 48 17.02 N 123 56.46 W ° ′ ° ′ 48°30.10′N 124°43.50′W 48 09.42 N 123 24.24 W ° ′ ° ′ Latitude Longitude 48 30.10 N 125 00.00 W § 167.1313 In the Strait of Juan de Fuca: (b)(1) A traffic lane for north- Northern lanes. 48°22.55′N 125°02.80′W ° ′ ° ′ westbound traffic between the In the northern lanes of the Strait of 48 26.64 N 125 00.81 W separation zone and a line connecting Juan de Fuca, the following are (c) A traffic lane for south-westbound the following geographical positions: established: traffic between the separation zone and (a) A separation zone bounded by a a line connecting the following Latitude Longitude line connecting the following geographical positions: geographical positions: 48°16.45′N 123°30.42′W ° ′ ° ′ Latitude Longitude 48 15.97 N 123 33.54 W Latitude Longitude 48°18.00′N 123°56.07′W ° ′ ° ′ 48°28.13′N 125°04.67′W 48 32.00 N 124 46.57 W 48°21.15′N 123°24.83′W ° ′ ° ′ 48°24.94′N 125°09.00′W 48 31.09 N 124 47.13 W 48°16.16′N 123°28.50′W ° ′ ° ′ 48 31.09 N 125 00.00 W 48°15.77′N 123°27.18′W § 167.1303 In the approaches to the Strait (2) An exit from this lane between 48°20.93′N 123°24.26′W of Juan de Fuca: Precautionary area ‘‘JF’’. points 48°32.00′N, 124° 46.57′W and (b) A traffic lane for southbound In the approaches to the Strait of Juan 48°31.09′N, 124°47.13′W. Vessel traffic traffic between the separation zone and de Fuca, precautionary area ‘‘JF’’ is may exit this lane at this location or a line connecting the following established and is bounded by a line may remain in the lane between points geographical positions: connecting the following geographical 48°31.09′N, 124°47.13′W and positions: 48°31.09′N, 125°00.00′W en route to Latitude Longitude precautionary area ‘‘JF’’, as described in Latitude Longitude ° ′ ° ′ § 167.1315. 48 21.83 N 123 25.56 W 48°16.45′N 123°30.42′W 48°31.09′N 125°04.67′W (c) A traffic lane for south-eastbound 48°30.10′N 125°04.67′W traffic between the separation zone and (c) A traffic lane for northbound 48°29.11′N 125°04.67′W a line connecting the following traffic between the separation zone and 48°28.13′N 125°04.67′W geographical positions: a line connecting the following 48°27.63′N 125°03.38′W geographical positions: 48°27.14′N 125°02.08′W Latitude Longitude 48°26.64′N 125°00.81′W Latitude Longitude 48°28.13′N 125°57.90′W 48°28.13′N 124°57.90′W 48°29.11′N 125°00.00′W 48°28.13′N 124°44.07′W 48°20.93′N 123°23.22′W

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Latitude Longitude 167.1323. The geographic coordinates in section and a line connecting the §§ 167.1321 through 167.1323 are following geographical positions: 48°15.13′N 123°25.62′W defined using North American Datum Latitude Longitude § 167.1314 In the Strait of Juan de Fuca: (NAD 83). Eastern lanes. § 167.1321 In Puget Sound and its 48°44.08′N 122°46.65′W In the eastern lanes of the Strait of approaches: Rosario Strait. 48°41.25′N 122°44.37′W Juan de Fuca, the following are In Rosario Strait, the following are (h) Precautionary area ‘‘C’’ contained established: established: within a circle of radius 1.24 miles (a) A separation zone bounded by a (a) A separation zone bounded by a centered at geographical position line connecting the following line connecting the following 48°40.55′N, 122°42.80′W. geographical positions: geographical positions: (i) A two-way route between the following geographical positions: Latitude Longitude Latitude Longitude Latitude Longitude 48°13.22′N 123°15.91′W ° ′ ° ′ ° ′ ° ′ 48 48.98 N 122 55.20 W 48 14.03 N 123 25.98 W ° ′ ° ′ 48°39.33′N 122°42.73′W ° ′ ° ′ 48 46.76 N 122 50.43 W 48 13.54 N 123 25.86 W ° ′ ° ′ 48°36.08′N 122°45.00′W ° ′ ° ′ 48 45.56 N 122 48.36 W 48 12.89 N 123 16.69 W 48°45.97′N 122°48.12′W 48°26.82′N 122°43.53′W 48°46.39′N 122°50.76′W 48°27.62′N 122°45.53′W (b) A traffic lane for westbound traffic ° ′ ° ′ between the separation zone and a line 48°48.73′N 122°55.68′W 48 29.48 N 122 44.77 W 48°36.13′N 122°45.80′W connecting the following geographical (b) A traffic lane for northbound 48°38.38′N 122°44.20′W positions: traffic located between the separation 48°39.63′N 122°44.03′W zone described in paragraph (a) of this Latitude Longitude (j) Precautionary area ‘‘RB’’ bounded section and a line connecting the as follows: 48°14.27′N 123°13.41′W following geographical positions: (1) To the north by the arc of a circle 48°14.05′N 123°16.08′W of radius 1.24 miles centered on 48°15.13′N 123°25.62′W Latitude Longitude geographical position 48°26.38′N, ° ′ (c) A traffic lane for eastbound traffic 48°49.49′N 122°54.24′W 122 45.27 W and connecting the between the separation zone and a line 48°47.14′N 122°50.10′W following geographical positions: connecting the following geographical 48°46.35′N 122°47.50′W Latitude Longitude positions: (c) A traffic lane for southbound traffic located between the separation 48°25.97′N 122°47.03′W Latitude Longitude zone described in paragraph (a) of this 48°25.55′N 122°43.93′W 48°12.72′N 123°25.34′W section and a line connecting the (2) To the south by a line connecting 48°12.34′N 123°18.01′W following geographical positions: the following geographical positions:

§ 167.1315 In the Strait of Juan de Fuca: Latitude Longitude Latitude Longitude Precautionary area ‘‘PA’’. ° ′ ° ′ 48 44.95 N 122 48.28 W 48°25.97′N 122°47.03′W In the Strait of Juan de Fuca, ° ′ ° ′ precautionary area ‘‘PA’’ is established 48 46.76 N 122 53.10 W 48°24.62′N 122°48.68′W 48°47.93′N 122°57.12′W 48°23.75′N 122°47.47′W and is bounded by a line connecting the ° ′ ° ′ (d) Precautionary area ‘‘CA’’ 48 25.20 N 122 45.73 W following geographical positions: 48°25.17′N 122°45.62′W contained within a circle of radius 1.24 48°24.15′N 122°45.27′W Latitude Longitude miles centered at geographical position 48°24.08′N 122°43.38′W 48°45.30′N, 122°46.50′W. 48°25.55′N 122°43.93′W 48°12.94′N 123°32.89′W ° ′ ° ′ (e) A separation zone bounded by a 48 13.89 N 123 31.98 W line connecting the following § 167.1322 In Puget Sound and its 48°14.49′N 123°31.98′W geographical positions: approaches: Approaches to Puget Sound 48°16.45′N 123°30.42′W other than Rosario Strait. ° ′ ° ′ 48 16.16 N 123 28.50 W (a) The traffic separation scheme in 48°15.77′N 123°27.18′W Latitude Longitude 48°15.13′N 123°25.62′W the approaches to Puget Sound other 48°44.27′N 122°45.53′W 48°14.03′N 123°25.98′W than Rosario Strait consists of a 48°41.72′N 122°43.50′W 48°13.54′N 123°25.86′W northeast/southwest approach, a 48°41.60′N 122°43.82′W 48°12.72′N 123°25.34′W northwest/southeast approach, a north/ 48°44.17′N 122°45.87′W 48°12.84′N 123°27.46′W south approach, and an east/west 48°12.90′N 123°28.68′W (f) A traffic lane for northbound traffic approach and connecting precautionary 48°12.94′N 123°32.89′W located between the separation zone areas. 4. Add §§ 167.1320 through 167.1323 described in paragraph (e) of this (b) In the northeast/southwest to read as follows: section and a line connecting the approach consisting of two separation following geographical positions: zones, two precautionary areas (‘‘RA’’ § 167.1320 In Puget Sound and its and ‘‘ND’’), and four traffic lanes, the approaches: General. Latitude Longitude following are established: The traffic separation scheme in Puget (1) A separation zone that connects 48°44.62′N 122°44.96′W Sound and its approaches consists of ° ′ ° ′ with precautionary area ‘‘RA’’, as three parts: Rosario Strait, approaches to 48 41.80 N 122 42.70 W described in paragraph (b)(2) of this Puget Sound other than Rosario Strait, (g) A traffic lane for southbound section, and is bounded by a line and Puget Sound. These parts are traffic located between the separation connecting the following geographical described in §§ 167.1321 through zone described in paragraph (e) of this positions:

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Latitude Longitude Latitude Longitude (4) A traffic lane for northbound traffic that connects with precautionary 48°24.13′N 122°47.97′W 48°19.70′N 123°00.53′W area ‘‘RA’’, as described in paragraphs 48°20.32′N 122°57.02′W 48°17.15′N 123°06.57′W ° ′ ° ′ (b)(2) of this section, and is located 48 20.53 N 122 57.22 W between the separation zone described 48°24.32′N 122°48.22′W (8) Precautionary area ‘‘ND’’, which is bounded by a line connecting the in paragraph (c)(2) of this section and a (2) Precautionary area ‘‘RA’’, which is following geographical positions: line connecting the following contained within a circle of radius 1.24 geographical positions: ° ′ miles centered at 48 19.77 N, Latitude Longitude 122°58.57′W. Latitude Longitude (3) A separation zone that connects 48°11.00′N 123°06.58′W ° ′ ° ′ with precautionary area ‘‘RA’’, as 48°17.15′N 123°06.57′W 48 19.20 N 122 57.03 W ° ′ ° ′ described in paragraph (b)(2) of this 48°14.27′N 123°13.41′W 48 13.35 N 122 50.63 W section, and is bounded by a line 48°12.34′N 123°18.01′W (5) A traffic lane for southbound connecting the following geographical 48°12.72′N 123°25.34′W ° ′ ° ′ traffic that connects with precautionary positions: 48 11.24 N 123 23.82 W ‘‘RA’’, as described in paragraph (b)(2) 48°10.82′N 123°25.44′W ° ′ ° ′ of this section, and is located between Latitude Longitude 48 09.42 N 123 24.24 W 48°08.39′N 123°24.24′W the separation zone described in 48°16.25′N 123°06.58′W 48°11.00′N 123°06.58′W paragraph (c)(1) of this section and a 48°16.57′N 123°06.58′W line connecting the following 48°19.20′N 123°00.35′W (c) In the northwest/southeast geographical positions: 48°19.00′N 123°00.17′W approach consisting of two separation zones, two precautionary areas (‘‘RA’’ Latitude Longitude (4) A traffic lane for northbound and ‘‘SA’’), and four traffic lanes, the traffic that connects with precautionary following are established: 48°27.43′N 123°08.94′W area ‘‘RA’’, as described in paragraph 48°25.17′N 123°04.98′W (b)(2) of this section, and is located (1) A separation zone that connects 48°22.48′N 123°01.73′W between the separation zone described with precautionary area ‘‘RA’’, as 48°20.47′N 123°00.20′W in paragraph (b)(1) of this section and a described in paragraph (b)(2) of this section, and is bounded by a line (6) A traffic lane for southbound line connecting the following traffic connecting with precautionary geographical positions: connecting the following geographical positions: area ‘‘RA’’, as described in paragraphs (b)(2) of this section, and is located Latitude Longitude Latitude Longitude between the separation zone described 48°23.75′N 122°47.47′W in paragraph (c)(2) of this section and a ° ′ ° ′ 48°19.80′N 122°56.83′W 48 27.79 N 123 07.80 W line connecting the following 48°25.43′N 123°03.88′W geographical positions: (5) A traffic lane for northbound 48°22.88′N 123°00.82′W traffic that connects with precautionary ° ′ ° ′ 48 20.93 N 122 59.30 W Latitude Longitude area ‘‘RA’’, as described in paragraph 48°20.82′N 122°59.62′W (b)(2) of this section, and is located 48°22.72′N 123°01.12′W 48°18.52′N 122°58.50′W between the separation zone described 48°25.32′N 123°04.30′W 48°12.63′N 122°52.15′W 48°27.58′N 123°08.10′W in paragraph (b)(3) of this section and a (7) Precautionary area ‘‘SA’’, which is line connecting the following (2) A separation zone that connects contained within a circle of radius 2 geographical positions: with precautionary area ‘‘RA’’, as miles centered at geographical position described in paragraph (b)(2) of this ° ′ ° ′ Latitude Longitude 48 11.45 N, 122 49.78 W. section, and is bounded by a line (d) In the north/south approach 48°15.70′N 123°06.58′W connecting the following geographical between precautionary areas ‘‘RB’’ and 48°18.67′N 122°59.57′W positions: ‘‘SA’’, as described in paragraphs (b)(2) (6) A traffic lane for southbound and (c)(7) of this section, respectively, Latitude Longitude traffic that connects with precautionary the following are established: area ‘‘RA’’, as described in paragraph ° ′ ° ′ (1) A separation zone bounded by a 48 18.83 N 122 57.48 W line connecting the following (b)(2) of this section, and is located 48°13.15′N 122°51.33′W between the separation zone described 48°13.00′N 122°51.62′W geographical positions: in paragraph (b)(1) of this section and a 48°18.70′N 122°57.77′W Latitude Longitude line connecting the following (3) A traffic lane for northbound geographical positions: ° ′ ° ′ traffic that connects with precautionary 48 24.15 N 122 44.08 W 48°13.33′N 122°48.78′W Latitude Longitude ‘‘RA’’, as described in paragraph (b)(2) ° ′ ° ′ of this section, and is located between 48 13.38 N 122 49.15 W 48°24.17′N 122°44.48′W 48°24.62′N 122°48.68′W the separation zone described in 48°20.85′N 122°57.80′W paragraph (c)(1) of this section and a (2) A traffic lane for northbound (7) A traffic lane for southbound line connecting the following traffic located between the separation traffic that connects with precautionary geographical positions: zone described in paragraph (d)(1) of area ‘‘RA’’, as described in paragraphs this section and a line connecting the (b)(2) of this section, and is located Latitude Longitude following geographical positions: between the separation zone described 48°28.15′N 123°07.31′W Latitude Longitude in paragraph (b)(3) of this section and a 48°25.60′N 123°03.13′W line connecting the following 48°23.20′N 123°00.20′W 48°24.08′N 122°43.38′W geographical positions: 48°21.00′N 122°58.50′W 48°13.10′N 122°48.12′W

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(3) A traffic lane for southbound (c) A separation zone bounded by a Latitude Longitude traffic located between the separation line connecting the following zone described in paragraph (d)(1) of geographical positions: 47°33.95′N 122°27.03′W this section and a line connecting the (l) Precautionary area ‘‘TC’’, which is following geographical positions: Latitude Longitude contained within a circle of radius 0.62 ° ′ ° ′ miles centered at 47°19.48′N, Latitude Longitude 48 01.40 N 122 37.57 W ° ′ 47°57.95′N 122°34.67′W 122 27.38 W. ° ′ ° ′ (m) A traffic lane for northbound 48°24.15′N 122°45.27′W 47 55.85 N 122 30.22 W ° ′ ° ′ 48°13.43′N 122°49.90′W 47 55.67 N 122 30.40 W traffic that connects with precautionary 47°57.78′N 122°34.92′W areas ‘‘SC’’, ‘‘SE’’, ‘‘SF’’, ‘‘SG’’, ‘‘T’’, and (e) In the east/west approach between 48°01.28′N 122°37.87′W ‘‘TC’’, as described in paragraphs (b), precautionary areas ‘‘ND’’ and ‘‘SA’’, as (d) Precautionary area ‘‘SE’’, which is (d), (f), (h), (j), and (k) of this section, described in paragraphs (b)(8) and (c)(7) contained within a circle of radius 0.62 respectively, and is located between the of this section, respectively, the miles centered at 47°55.40′N, separation zones described in following are established: 122°29.55′W. paragraphs (a), (c), (e), (g), (i), and (k) of (1) A separation zone bounded by a (e) A separation zone bounded by a this section, respectively, and a line line connecting the following line connecting the following connecting the following geographical geographical positions: geographical positions: positions:

Latitude Longitude Latitude Longitude Latitude Longitude 48°11.50′N 122°52.73′W ° ′ ° ′ 48°11.72′N 122°46.83′W 47 54.85 N 122 29.18 W ° ′ ° ′ 48°11.73′N 122°52.70′W 47°46.52′N 122°26.30′W 48 07.13 N 122 38.83 W 48°12.48′N 123°06.58′W ° ′ ° ′ 48°02.10′N 122°37.32′W 47 46.47 N 122 26.62 W ° ′ ° ′ 48°12.23′N 123°06.58′W 47°54.80′N 122°29.53′W 47 58.23 N 122 34.07 W 47°55.83′N 122°28.80′W (2) A traffic lane for northbound (f) Precautionary area ‘‘SF’’, which is 47°45.92′N 122°25.33′W traffic between the separation zone contained within a circle of radius 0.62 47°39.68′N 122°26.95′W described in paragraph (e)(1) of this miles centered at 47°45.90′N, 47°34.65′N 122°26.18′W section and a line connecting the 122°26.25′W. 47°27.13′N 122°23.40′W 47°23.33′N 122°20.37′W following geographical positions: (g) A separation zone bounded by a ° ′ ° ′ line connecting the following 47 22.67 N 122 20.53 W 47°19.07′N 122°26.75′W Latitude Longitude geographical positions: (n) A traffic lane for southbound ° ′ ° ′ 48 12.22 N 122 52.52 W Latitude Longitude traffic that connects with precautionary ° ′ ° ′ 48 12.98 N 123 06.58 W areas ‘‘SC’’, ‘‘SE’’, ‘‘SF’’, ‘‘SG’’, ‘‘T’’, and 47°45.20′N 122°26.25′W ‘‘TC’’, as described in paragraphs (b), (3) A traffic lane for southbound 47°40.27′N 122°27.55′W traffic between the separation zone ° ′ ° ′ (d), (f), (h), (j), and (k) of this section, 47 40.30 N 122 27.88 W respectively, and is located between the described in paragraph (e)(1) of this 47°45.33′N 122°26.60′W section and a line connecting the separation zones described in following geographical positions: (h) Precautionary area ‘‘SG’’, the paragraphs (a), (c), (e), (g), (i), and (k) of which is contained within a circle of this section, respectively, and a line Latitude Longitude radius 0.62 miles centered at connecting the following geographical 47°39.68′N, 122°27.87′W. positions: 48°11.73′N 123°06.58′W (i) A separation zone bounded by a 48°10.98′N 122°52.65′W line connecting the following Latitude Longitude geographical positions: § 167.1323 In Puget Sound and its 48°10.15′N 122°47.58′W approaches: Puget Sound. ° ′ ° ′ Latitude Longitude 48 09.35 N 122 45.55 W The traffic separation scheme in Puget 48°06.45′N 122°40.52′W ° ′ ° ′ Sound consists of six separation zones 47°39.12′N 122°27.62′W 48 01.65 N 122 30.03 W ° ′ ° ′ ° ′ ° ′ and two traffic lanes connected by six 47 35.18 N 122 27.08 W 47 57.47 N 122 35.45 W ° ′ ° ′ 47°55.07′N 122°30.35′W precautionary areas. The following are 47 35.17 N 122 27.35 W 47°39.08′N 122°27.97′W 47°45.90′N 122°27.18′W established: 47°39.70′N 122°28.78′W (a) A separation zone bounded by a (j) Precautionary area ‘‘T’’, which is 47°34.47′N 122°27.98′W line connecting the following contained within a circle of radius 0.62 47°26.63′N 122°25.12′W ° ′ geographical positions: miles centered at 47 34.55 N, 47°23.25′N 122°22.42′W 122°27.07′W. 47°20.00′N 122°27.90′W Latitude Longitude (k) A separation zone bounded by a 5. Add §§ 167.1330 through 167.1332 line connecting the following to read as follows: 48°11.08′N 122°46.88′W geographical positions: 48°06.85′N 122°39.52′W § 167.1330 In Haro Strait, Boundary Pass, 48°02.48′N 122°38.17′W Latitude Longitude and the Strait of Georgia: General. ° ′ ° ′ 48 02.43 N 122 38.52 W The traffic separation scheme in Haro 48°06.72′N 122°39.83′W ° ′ ° ′ 47 34.02 N 122 26.70 W Strait, Boundary Pass, and the Strait of 48°10.82′N 122°46.98′W 47°26.92′N 122°24.10′W 47°23.07′N 122°20.98′W Georgia consists of a series of traffic (b) Precautionary area ‘‘SC’’, which is 47°19.78′N 122°26.58′W separation schemes, two-way routes, contained within a circle of radius 0.62 47°19.98′N 122°26.83′W and five precautionary areas. These miles centered at 48°01.85′N, 47°23.15′N 122°21.45′W parts are described in §§ 167.1331 and 122°38.15′W. 47°26.85′N 122°24.45′W 167.1332. The geographic coordinates in

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§§ 167.1331 through 167.1332 are Latitude Longitude Latitude Longitude defined using North American Datum (NAD 83). 48°24.95′N 123°10.68′W 48°39.76′N 123°11.84′W 48°39.20′N 123°13.09′W § 167.1331 In Haro Strait and Boundary (f) A traffic lane for northbound traffic 48°39.41′N 123°16.06′W Pass. located between the separation zone In Haro Strait and Boundary Pass, the described in paragraph (e) of this (3) To the west by a direct line following are established: section and a line connecting the connecting the following points: (a) Precautionary area ‘‘V’’, which is following geographical positions: bounded by a line connecting the Latitude Longitude Latitude Longitude following geographical positions: 48°39.41′N 123°16.06′W 48°23.84′N 123°10.08′W 48°43.04′N 123°16.06′W Latitude Longitude 48°27.43′N 123°08.94′W (k) A two-way route between the 48°21.83′N 123°25.56′W (g) A traffic lane for southbound following geographical positions: 48°21.13′N 123°24.84′W traffic located between the separation ° ′ ° ′ 48 20.95 N 123 24.24 W Latitude Longitude ° ′ ° ′ zone described in paragraph (e) of this 48 20.93 N 123 23.22 W section and a line connecting the 48°21.67′N 123°21.12′W ° ′ ° ′ following geographical positions: 48 43.15 N 123 12.75 W 48°22.12′N 123°21.12′W 48°46.43′N 123°03.12′W 48°22.37′N 123°21.12′W 48°48.19′N 123°00.84′W ° ′ ° ′ Latitude Longitude 48 22.85 N 123 21.24 W 48°47.78′N 122°59.12′W ° ′ ° ′ 48 23.71 N 123 23.88 W ° ′ ° ′ 48°45.51′N 123°01.82′W 48°21.83′N 123°25.56′W 48 28.79 N 123 12.77 W ° ′ ° ′ 48°24.78′N 123°12.42′W 48 42.23 N 123 11.35 W (b) A separation zone that connects § 167.1332 In the Strait of Georgia. with precautionary area ‘‘V’’, as (h) Precautionary area ‘‘HS’’, which is described in paragraph (a) of this bounded by a line connecting the In the Strait of Georgia, the following section and is bounded by a line following geographical positions: are established: connecting the following geographical (a) Precautionary area ‘‘GS’’, which is Latitude Longitude positions: bounded by a line connecting the 48°28.79′N 123°12.77′W following geographical positions: Latitude Longitude 48°31.73′N 123°13.02′W ° ′ ° ′ Latitude Longitude ° ′ ° ′ 48 31.03 N 123 11.22 W 48 22.37 N 123 21.12 W 48°29.45′N 123°09.42′W ° ′ ° ′ ° ′ ° ′ 48 22.39 N 123 18.36 W 48°28.15′N 123°07.31′W 48 52.30 N 123 07.44 W ° ′ ° ′ ° ′ ° ′ 48 23.90 N 123 12.78 W 48°27.79′N 123°07.80′W 48 54.81 N 123 03.66 W ° ′ ° ′ ° ′ ° ′ 48 23.63 N 123 12.78 W 48°27.58′N 123°08.10′W 48 49.49 N 122 54.24 W ° ′ ° ′ ° ′ ° ′ 48 22.15 N 123 18.30 W 48°27.43′N 123°08.94′W 48 47.93 N 122 57.12 W ° ′ ° ′ ° ′ ° ′ 48 22.12 N 123 21.12 W 48°28.37′N 123°10.68′W 48 47.78 N 122 59.12 W ° ′ ° ′ (c) A traffic lane for eastbound traffic 48°28.81′N 123°11.46′W 48 48.19 N 123 00.84 W ° ′ ° ′ located between the separation zone 48°28.79′N 123°12.77′W 48 52.30 N 123 07.44 W described in paragraph (b) of this (i) A two-way route between the (b) A separation zone bounded by a section and a line connecting the following geographical positions: line connecting the following following geographical positions: geographical positions: Latitude Longitude Latitude Longitude Latitude Longitude 48°31.03′N 123°11.22′W ° ′ ° ′ 48 21.67 N 123 21.12 W 48°35.18′N 123°12.78′W 48°53.89′N 123°05.04′W ° ′ ° ′ 48 21.73 N 123 18.36 W 48°38.37′N 123°12.36′W 48°56.82′N 123°10.08′W ° ′ ° ′ 48 23.84 N 123 10.08 W 48°39.20′N 123°13.09′W 48°56.30′N 123°10.80′W (d) A traffic lane for westbound traffic 48°39.41′N 123°16.06′W 48°53.39′N 123°05.70′W 48°31.73′N 123°13.02′W located between the separation zone (c) A traffic lane for north-westbound described in paragraph (b) of this (j) Precautionary area ‘‘TP’’, bounded traffic located between the separation section and a line connecting the as follows: zone described in paragraph (b) of this following geographical positions: (1) To the north by the arc of a circle section and a line connecting the of radius 2.1 miles centered at following geographical positions: Latitude Longitude geographical position 48°41.3′N, ° ′ 48°22.85′N 123°21.24′W 123 14.2 W (Turn Point Light) and Latitude Longitude 48°22.87′N 123°18.42′W connecting the following positions: 48°54.81′N 123°03.66′W 48°24.28′N 123°13.02′W 48°57.68′N 123°08.76′W 48°24.78′N 123°12.42′W Latitude Longitude (e) A separation zone bounded by a 48°43.04′N 123°16.06′W (d) A traffic lane for south-eastbound line connecting the following 48°43.15′N 123°12.75′W traffic between the separation zone geographical positions: 48°42.23′N 123°11.35′W described in paragraph (b) of this 48°40.93′N 123°11.01′W section and a line connecting the Latitude Longitude (2) To the south by the arc of a circle following geographical positions: ° ′ ° ′ of radius 2.1 miles centered at 48 24.72 N 123 11.40 W ° ′ Latitude Longitude 48°28.81′N 123°11.46′W geographical position 48 41.3 N, 48°28.37′N 123°10.68′W 123°14.2′W (Turn Point Light) and 48°55.34′N 123°12.30′W 48°27.17′N 123°10.26′W connecting the following points: 48°52.30′N 123°07.44′W

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(e) Precautionary area ‘‘PR’’, which is amended in 1990 (CAA or the Act), we ENVIRONMENTAL PROTECTION bounded by a line connecting the are proposing to approve a local rule AGENCY following geographical positions: that regulates excess emissions from malfunctions, startups, and shutdowns. 40 CFR Part 52 Latitude Longitude DATE: Any comments on this proposal [MO 160–1160; FRL–7267–5] 48°55.34′N 123°12.30′W must arrive by September 26, 2002. ° ′ ° ′ 48 57.68 N 123 08.76 W Approval and Promulgation of 49°00.37′N 123°13.32′W ADDRESSES: Mail comments to Gerardo 48°58.18′N 123°16.74′W Rios, Permits Office Chief (AIR–3), U.S. Implementation Plans; State of Missouri (f) A separation zone bounded by a Environmental Protection Agency, line connecting the following Region IX, 75 Hawthorne Street, San AGENCY: Environmental Protection geographical positions: Francisco, CA 94105. Agency (EPA). You can inspect a copy of the ACTION: Proposed rule. Latitude Longitude submitted SIP revision and EPA’s SUMMARY: EPA proposes to approve the 48°59.53′N 123°14.66′W technical support document (TSD) at 49°03.80′N 123°21.24′W our Region IX office during normal State Implementation Plan (SIP) 49°03.14′N 123°22.26′W business hours. You may also see a copy revision submitted by the state of 48°58.90′N 123°15.63′W of the submitted SIP revision at the Missouri. This revision pertains to a change in the state’s construction (g) A traffic lane for north-westbound following locations: permits rule. Approval of this revision traffic located between the separation Environmental Protection Agency, Air will ensure consistency between the zone described in paragraph (f) of this Docket (6102), Ariel Rios Building, 1200 state and Federally-approved rules, and section and a line connecting the Pennsylvania Avenue, NW., Washington ensure Federal enforceability of the following geographical positions: DC 20460. state’s air program rule revision. Arizona Department of Environmental Latitude Longitude Quality, 1110 West Washington Street, In the final rules section of the Phoenix, AZ 85007. Federal Register, EPA is approving the ° ′ ° ′ 49 00.37 N 123 13.32 W Maricopa County Environmental Services state’s SIP revision as a direct final rule 49°04.52′N 123°20.04′W Department, Air Quality Division, 1001 without prior proposal because the (h) A traffic lane for south-eastbound North Central Avenue, Suite 201, Phoenix, Agency views this as a noncontroversial traffic between the separation zone AZ 85004. revision amendment and anticipates no described in paragraph (f) of this section relevant adverse comments to this FOR FURTHER INFORMATION CONTACT: Al and a line connecting the following action. A detailed rationale for the Petersen, Rulemaking Office (AIR–4), geographical positions: approval is set forth in the direct final U.S. Environmental Protection Agency, rule. If no relevant adverse comments Latitude Longitude Region IX; (415) 947–4118. are received in response to this action, no further activity is contemplated in SUPPLEMENTARY INFORMATION: This 49°02.51′N 123°23.76′W relation to this action. If EPA receives ° ′ ° ′ proposal addresses the approval of local 48 58.18 N 123 16.74 W relevant adverse comments, the direct MCESD Rule 140. In the Rules section final rule will be withdrawn and all Dated: July 5, 2002 of this Federal Register, we are public comments received will be Paul J. Pluta, approving this local rule in a direct final addressed in a subsequent final rule Rear Admiral, U.S. Coast Guard, Assistant action without prior proposal because based on this proposed action. EPA will Commandant for Marine Safety, Security and we believe this SIP revision is not Environmental Protection. not institute a second comment period controversial. If we receive adverse on this action. Any parties interested in [FR Doc. 02–21785 Filed 8–26–02; 8:45 am] comments, however, we will publish a commenting on this action should do so BILLING CODE 4910–15–P timely withdrawal of the direct final at this time. Please note that if EPA rule and address the comments in receives adverse comment on part of subsequent action based on this this rule and if that part can be severed ENVIRONMENTAL PROTECTION proposed rule. We do not plan to open from the remainder of the rule, EPA may AGENCY a second comment period, so anyone adopt as final those parts of the rule that interested in commenting should do so are not the subject of an adverse 40 CFR Part 52 at this time. If we do not receive adverse comment. [AZ 112–0052b; FRL–7261–8] comments, no further activity is DATES: Comments on this proposed planned. For further information, please action must be received in writing by Revision to the Arizona State see the direct final action. Implementation Plan, Maricopa County September 26, 2002. Environmental Services Department Dated: July 25, 2002. ADDRESSES: Comments may be mailed to Keith Takata, Wayne Kaiser, Environmental AGENCY: Environmental Protection Acting Regional Administrator, Region IX. Protection Agency, Air Planning and Agency (EPA). [FR Doc. 02–21664 Filed 8–26–02; 8:45 am] Development Branch, 901 North 5th ACTION: Proposed rule. BILLING CODE 6560–50–P Street, Kansas City, Kansas 66101. SUMMARY: EPA is proposing to approve FOR FURTHER INFORMATION CONTACT: a revision to the Maricopa County Wayne Kaiser at (913) 551–7603. Environmental Services Department SUPPLEMENTARY INFORMATION: See the (MCESD) portion of the Arizona State information provided in the direct final Implementation Plan (SIP). Under rule which is located in the rules authority of the Clean Air Act as section of the Federal Register.

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Dated: August 14, 2002. Dated: August 12, 2002. rule which is located in the rules James B. Gulliford, William A. Spratlin, section of the Federal Register. Regional Administrator, Region 7. Acting Regional Administrator, Region 7. Dated: August 14, 2002. [FR Doc. 02–21666 Filed 8–26–02; 8:45 am] [FR Doc. 02–21658 Filed 8–26–02; 8:45 am] James B. Gulliford, BILLING CODE 6560–50–P BILLING CODE 6560–50–P Regional Administrator, Region 7. [FR Doc. 02–21660 Filed 8–26–02; 8:45 am] ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION BILLING CODE 6560–50–P AGENCY AGENCY 40 CFR Part 52 40 CFR Part 52 NATIONAL SCIENCE FOUNDATION [MO 158–1158; FRL–7267–2] [MO 157–1157; FRL–7267–1] 45 CFR Part 674 Approval and Promulgation of Approval and Promulgation of Antarctic Meteorites Implementation Plans; State of Implementation Plans; State of Missouri Missouri AGENCY: National Science Foundation (NSF). AGENCY: Environmental Protection AGENCY: Environmental Protection ACTION: Proposed rule. Agency (EPA). Agency (EPA). ACTION: Proposed rule. ACTION: Proposed rule. SUMMARY: NSF proposes issuing regulations authorizing the collection of SUMMARY: EPA proposes to approve the SUMMARY: EPA proposes to approve the meteorites in Antarctica for scientific State Implementation Plan (SIP) State Implementation Plan (SIP) research purposes only. In addition, the revision submitted by the state of revision submitted by the state of regulations provide requirements for Missouri. This revision pertains to a Missouri. This revision pertains to appropriate collection, handling, and change in the state’s Compliance excess emissions emitted during start- curation of Antarctic meteorites to Monitoring Usage rule. In the final rules up, shutdown, and malfunction preserve their scientific value. These section of this Federal Register, EPA is conditions and the affirmative defenses regulations implement Article 7 of the approving the state’s SIP revision as a available to sources. In the final rules Protocol on Environmental Protection to direct final rule without prior proposal section of this Federal Register, EPA is the Antarctic Treaty and are issued because the Agency views this as a approving the state’s SIP revision as a pursuant to Section 6 of the Antarctic noncontroversial revision amendment direct final rule without prior proposal Conservation Act, as amended by the and anticipates no relevant adverse because the Agency views this as a Antarctic Science, Tourism and comments to this action. A detailed noncontroversial revision amendment Conservation Act of 1996. rationale for the approval is set forth in and anticipates no relevant adverse DATES: Comments must be received by the direct final rule. If no relevant comments to this action. A detailed October 28, 2002. adverse comments are received in rationale for the approval is set forth in ADDRESSES: Comments should be sent to response to this action, no further the direct final rule. If no relevant Anita Eisenstadt, Assistant General activity is contemplated in relation to adverse comments are received in Counsel, National Science Foundation, this action. If EPA receives relevant response to this action, no further 4201 Wilson Boulevard, Room 1265, adverse comments, the direct final rule activity is contemplated in relation to Arlington, Virginia 22230. will be withdrawn and all public this action. If EPA receives relevant comments received will be addressed in adverse comments, the direct final rule FOR FURTHER INFORMATION CONTACT: a subsequent final rule based on this will be withdrawn and all public Anita Eisenstadt, Office of the General proposed action. EPA will not institute comments received will be addressed in Counsel, at 703–292–8060. a second comment period on this action. a subsequent final rule based on this SUPPLEMENTARY INFORMATION: Any parties interested in commenting proposed action. EPA will not institute Background on this action should do so at this time. a second comment period on this action. Please note that if EPA receives adverse Any parties interested in commenting Antarctic meteorites are a valuable comment on part of this rule and if that on this action should do so at this time. non-renewable scientific resource that part can be severed from the remainder Please note that if EPA receives adverse provide unique and important of the rule, EPA may adopt as final comment on part of this rule and if that information about the origin and those parts of the rule that are not the part can be severed from the remainder evolution of the solar system. A large subject of an adverse comment. of the rule, EPA may adopt as final number of meteorites representing many different meteorite classes have been DATES: Comments on this proposed those parts of the rule that are not the collected in Antarctica since the late action must be received in writing by subject of an adverse comment. 1970’s. These collections are possible September 26, 2002. DATES: Comments on this proposed because meteorites are easy to see on the action must be received in writing by ADDRESSES: Comments may be mailed to light colored background of snow and September 26, 2002. Wayne Kaiser, Environmental ice and because dynamic processes of Protection Agency, Air Planning and ADDRESSES: Comments may be mailed to Antarctic ice fields result in Development Branch, 901 North 5th Wayne Kaiser, Environmental accumulation of meteorites in certain Street, Kansas City, Kansas 66101. Protection Agency, Air Planning and zones on the ice sheet. The meteorites FOR FURTHER INFORMATION CONTACT: Development Branch, 901 North 5th are generally well preserved because of Wayne Kaiser at (913) 551–7603. Street, Kansas City, Kansas 66101. the cold and dry conditions, and SUPPLEMENTARY INFORMATION: See the FOR FURTHER INFORMATION CONTACT: represent falls over the last several information provided in the direct final Wayne Kaiser at (913) 551–7603. million years. Because of these rule which is located in the rules SUPPLEMENTARY INFORMATION: See the conditions, the meteorites collected section of the Federal Register. information provided in the direct final from Antarctic ice fields represent the

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most unbiased sampling possible, in collect meteorites in Antarctica only for Dated: August 16, 2002. terms of class or type of meteorite. scientific research purposes. U.S. Lawrence Rudolph, The National Science Foundation expedition organizers who plan to General Counsel, National Science (NSF) is the single-point manager of the collect meteorites in Antarctica are Foundation. United States Antarctic Program and required to ensure that any meteorites For the reasons set forth in the supports a wide range of scientific collected in Antarctica after the effective preamble, the National Science research in the Antarctic. Over the past date of the regulations are properly Foundation proposes to add 45 CFR part twenty-five years, a partnership between collected and handled and that 674 to read as follows: NSF, the National Aeronautics and appropriate arrangements have been Space Administration (NASA), and the made for the curation of any specimens PART 674—ANTARCTIC METEORITES Smithsonian Institution has facilitated collected. the collection of Antarctic meteorites Sec. The expedition organizer must submit and their curation in support of 674.1 Purpose of regulations. a plan to the National Science 674.2 Scope and applicability. scientific research. NSF supports the Foundation which provides details on 674.3 Definitions. collection of meteorites through the the procedures that will be put in place 674.4 Restrictions on collection of Antarctic Search for Meteorites and followed to protect the scientific meteorites in Antarctica. (ANSMET) Program. The meteorites are value of meteorite collections. The plan 674.5 Requirements for collection, characterized by joint efforts of NASA handling, documentation and curation of and the Smithsonian Institution and will need to address collection, Antarctic meteorites. they are curated in facilities at the handling, and curation procedures for 674.6 Submission of information to NSF. Johnson Space Center (NASA) and at any specimens collected. The plan must 674.7 Exception for serendipitous finds. be submitted to the Foundation 90 days National Museum of Natural History Authority: 16 U.S.C. 2401 et seq. (Smithsonian Institution). NASA prior to the planned departure date of publishes characterizations of the the expedition. NSF will solicit § 674.1 Purpose of regulations. samples on the web and in newsletters comments on the plan and provide an The purpose of the regulations in this (Antarctic Meteorite Newsletter), and assessment of the adequacy of the plan part is to implement the Antarctic samples are made available in a timely within 45 days of receipt of the plan. Conservation Act of 1978, as amended manner to scientific researchers. Determinations by the Antarctic Science, Tourism and The United States is a Party to the Conservation Act of 1996 (16 U.S.C. Protocol on Environmental Protection to NSF has determined, under the 2401 et seq.), and Article 7 of the the Antarctic Treaty, done at Madrid on criteria set forth in Executive Order Protocol on Environmental Protection to October 4, 1991. Article 7 of the 12866, that this rule is not a significant the Antarctic Treaty done at Madrid on Protocol provides that ‘‘any activity regulatory action requiring review by October 4, 1991. Specifically, this part relating to mineral resources, other than the Office of Information and Regulatory is designed to ensure meteorites in scientific research, shall be prohibited.’’ Affairs. The proposed rule is not a major Antarctica will be collected for The Antarctic Conservation Act (ACA), rule under the Congressional Review scientific research purposes only and (16 U.S.C. 2401 et seq.) as amended by Act. The Unfunded Mandate Reform Act that U.S. expedition organizers to the Antarctic Science, Tourism and of 1995 (Public Law 104–4), in sections Antarctica who plan to collect Conservation Act of 1996 (ASTCA) 202 and 205, requires that agencies meteorites in Antarctica will ensure that (Public Law 104–227), implements the prepare analytic statements before any specimens collected will be Protocol on Environmental Protection. proposing any rule that may result in properly collected, handled, Section 6 of the ACA, as amended by annual expenditures of $100 million by documented and curated to preserve the ASTCA, directs the Director of the State, local, Indian Tribal governments, their scientific value. National Science Foundation to issue or the private sector. Since this rule will such regulations as are necessary and not result in expenditures of this § 674.2 Scope and applicability. appropriate to implement the Protocol magnitude, it is hereby certified that This part applies to any person who and the ACA. These regulations such statements are not necessary. As collects meteorites in Antarctica. The implement U.S. obligations under required by the Regulatory Flexibility requirements of § 674.5 apply to any Article 7 of the Protocol by ensuring Act, it is hereby certified this rule will person organizing an expedition to or that meteorites in Antarctica are only not have significant impact on a within Antarctica for which the United collected for scientific research substantial number of small businesses. States is required to give advance notice under Paragraph (5) of Article VII of the purposes. The Paperwork Reduction Act of 1995 In order to maximize their potential Antarctic Treaty where one of the (44 U.S.C. 3501 et seq.) and its scientific value, meteorites must be purposes of the expedition is to collect implementing regulations, 5 CFR part collected and curated in a fashion that meteorites in Antarctica. The 1320, do not apply to the proposed rule maximizes the information available requirements in this Part only apply to because there are less than ten U.S. about the meteorites and minimizes the collection of meteorites in entities which annually organize contamination as well as physical and Antarctica after [the effective date of the expeditions to Antarctica for the chemical degradation. Proper curation final regulation]. purpose of collecting meteorites. includes making the meteorites Finally, NSF has reviewed this rule in available to bona fide scientific § 674.3 Definitions. light of section 2 of Executive Order researchers on an impartial and timely In this part: 12778 and I certify for the National basis. Antarctica means the area south of 60 Science Foundation that this rule meets degrees south latitude. Summary of Provisions the applicable standards provided in Expedition means an activity NSF is adding a new part 674 to its sections 2(a) and 2(b) of that order. undertaken by one or more persons regulations to regulate the collection List of Subjects in 45 CFR Part 674 organized within or proceeding from the and curation of meteorites in Antarctica. United States to or within Antarctica for Under the regulations, U.S. persons may Antarctica, Meteorites, Research. which advance notification is required

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under Paragraph 5 of Article VII of the in a clean laboratory setting at the (vi) Specify procedures by which Antarctic Treaty. curation facility; and requests for samples by bonafide Incremental cost is the extra cost (v) Thawing in a clean, dry nitrogen scientific researchers will be handled; involved in sharing the samples with environment. (vii) Make samples available to other researchers. It does not include (2) Sample documentation. bonafide scientific researchers at no the initial cost of collecting the Documentation for each specimen, that more than incremental cost and within meteorites in Antarctica or the cost of includes, at a minimum: a reasonable period of time; and maintaining the samples in a curatorial (i) A unique identifier for the sample; (ii) The date of find; (viii) In the event that the initial facility. curatorial facility is no longer in a Person has the meaning given that (iii) The date of collection (if different position to provide curation services for term in section 1 of title 1, United States from date of find); the specimens, or believes that the Code, and includes any person subject (iv) The latitude and longitude to meteorites no longer merit curation, it to the jurisdiction of the United States. within 500 meters of the location of the find and the name of the nearest named shall consult with the National Science § 674.4 Restrictions on collection of geographical feature; Foundation’s Office of Polar Programs to meteorites in Antarctica. (v) The name, organizational identify another appropriate curatorial No person may collect meteorites in affiliation, and address of the finder or facility, or to determine another Antarctica for other than scientific the expedition organizer; appropriate arrangement. research purposes. (vi) A physical description of specimen and of the location of the find; § 674.6 Submission of information to NSF. § 674.5 Requirements for collection, and A copy of the written procedures handling, documentation, and curation of (vii) Any observations of the developed by expedition organizers Antarctic meteorites. collection activity, such as potential pursuant to § 674.5(b) shall be furnished (a) Any person organizing an contamination of the specimen. to the National Science Foundation’s expedition to or within Antarctica, (3) Curation. Make prior arrangements Office of Polar Programs at a minimum where one of the purposes of the to ensure that any specimens collected of 90 days prior to the planned expedition is to collect meteorites in in Antarctica will be maintained in a departure date of the expedition for Antarctica, shall ensure that the curatorial facility that will: Antarctica. NSF shall publish a notice of meteorites will be properly collected, (i) Preserve the specimens in a availability of the plan in the Federal documented, handled, and curated to manner that precludes chemical or Register that provides for a 15 day preserve their scientific value. Curation physical degradation; comment period. NSF shall evaluate the includes making specimens available to (ii) Produce an authoritative procedures in the plan to determine if bona fide scientific researchers on a classification of the meteorite that they are sufficient to ensure that the timely basis, in accordance with contains enough information to group meteorites will be properly collected, specified procedures. an individual meteorite into an handled, documented, and curated. NSF (b) Expedition organizers described in established chemical and petrological shall provide comments on the paragraph (a) of this section shall type; adequacy of the plan within 45 days of develop and implement written (iii) Develop and maintain curatorial receipt. If NSF advises the expedition procedures for the collection, records associated with the meteorites organizer that the procedures satisfy the documentation, and curation of including collection information, requirements of § 674.5 and the specimens which include the following authoritative classification, total known procedures are implemented, the components: mass, information about handling and expedition organizer will have satisfied (1) Handling requirements. Handling sample preparation activities that have the requirements of this Part. procedures shall ensure that the been performed on the meteorite, and specimens are properly labeled and sub-sample information; § 674.7 Exception for serendipitous finds. handled to minimize the potential for (iv) Submit an appropriate summary A person who makes a serendipitous contamination from the point of of information about the meteorites to discovery of a meteorite in Antarctica collection to the point of curation. At a the Antarctic Master Directory via the which could not have been reasonably minimum, handling procedures shall National Antarctic Data Coordination anticipated, may collect the meteorite include: Center as soon as possible, but no later for scientific research purposes, (i) Handling the samples with Teflon than two years after receipt of samples provided that the meteorite is collected or polyethylene coated implements (or at the curatorial facility; in the manner most likely to prevent (v) Submit information on equivalent); contamination under the circumstances, classification of the meteorite to an (ii) Double bagging of samples in and provided that the meteorite is internationally recognized meteorite Teflon or polyethylene (or equivalent) otherwise handled, documented and research catalog, such as the ‘‘Catalogue bags; curated in accordance with the (iii) Securely attaching a sample of Meteorites’’ published by the Natural requirements of § 674.5. identifier to the bag; History Museum of London or the (iv) Keeping the samples frozen at or ‘‘Meteoritical Bulletin’’ published by the [FR Doc. 02–21621 Filed 8–26–02; 8:45 am] below ¥15C until opened and thawed Meteoritical Society; BILLING CODE 7555–01–P

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Notices Federal Register Vol. 67, No. 166

Tuesday, August 27, 2002

This section of the FEDERAL REGISTER ACTION: Notice of intent to prepare an The Forest Service is seeking contains documents other than rules or environmental impact statement. information, comments and assistance proposed rules that are applicable to the from individuals, organizations, tribal public. Notices of hearings and investigations, SUMMARY: Pursuant to 40 Code of governments, and federal, state and committee meetings, agency decisions and Federal Regulations (CFR) 1501.7, the local agencies that are interested in or rulings, delegations of authority, filing of Forest Supervisor of the White River may be affected by the proposed action. petitions and applications and agency National Forest gives notice of the intent statements of organization and functions are The public is invited to help identify examples of documents appearing in this to prepare an environmental impact issues and define the range of section. statement (EIS) in conjunction with the alternatives to be considered in the EIS. Travel Management Plan (Travel Plan) The range of alternatives will be based for the White River National Forest. on the identification of significant AGENCY FOR INTERNATIONAL This notice describes the specific public issues, management concerns, DEVELOPMENT elements to be included in the Travel resource management opportunities, Plan, decisions to be made, estimated and plan decisions specific to Travel Bureau for Democracy, Conflict and dates for filing the EIS, information Management within the scope of the Humanitarian Assistance, Office of concerning public participation, and the White River National Forest Land and Food for Peace; Announcement of names and address of the agency Resource Management Plan 2002 Draft Pub. L. 480 Title II Guidelines for officials who can provide information. Revision (Forest Plan). Written FY 2004 Cooperating Sponsor Results DATES: Comments concerning the scope comments identifying issues for analysis Report and Resource Request (CSR4); of the analysis must be received by and range of alternatives are Notice October 31, 2002. The draft encouraged. environmental impact statement (DEIS) Pursuant to the Agricultural Trade Background Development and Assistance Act of is expected in the winter of 2004, and Travel can be described as the 1954 (Pub. L. 480, as amended), notice the final environmental impact movement of people, goods and is hereby given that the Pub. L. 480 Title statement (FEIS) is expected winter/ services. Travel management on the II Guidelines for FY 2004 Cooperating spring of 2005. White River National Forest considers Sponsor Results Report and Resource ADDRESSES: Send written comments to the planning of and providing for the Request (CSR4) are being made available Dottie Bell, White River National Forest, appropriate movement of people and to interested parties for the required PO Box 948, Glenwood Springs, products through the Forest. An thirty (30) day comment period. Colorado 81602. efficient transportation network is Individuals who wish to receive a FOR FURTHER INFORMATION CONTACT: essential for forest resource copy of these draft guidelines should Vincent Picard, Public Affairs management, outdoor recreation use contact: Office of Food for Peace, Specialist, White River National Forest, and access. Forest management Agency for International Development, PO Box 948, Glenwood Springs, considers vegetation, water, soil, aquatic RRB 7.06–153, 1300 Pennsylvania Colorado 81602, (970) 945–2521. ecosystems, wildlife, range, recreation, Avenue, Washington, DC 20523–7600. FOR TECHNICAL INFORMATION CONTACT: minerals, and fire management. Access Individuals who have questions or Wendy Haskins, Transportation is necessary to manage these resources comments on the draft guidelines Planner, White River National Forest, and activities, as well as provide egress should contact Angelique M. Crumbly at PO Box 948, Glenwood Springs, and ingress to private in-holdings. This the above address or at (202) 712–4279. Colorado 81602, (970) 945–2521, or transportation network and the manner The thirty-day comment period will Dan Hormaechea, Planning and in which it is used needs to be efficient, begin on the date that this Information Systems Director, White effective in providing access, properly announcement is published in the River National Forest, PO Box 948, maintained, and ecologically sound to Federal Register. Glenwood Springs, Colorado 81602, minimize adverse affects on resources. Dated: August 15, 2002. (970) 945–2521. The White River National Forest’s Lauren Landis, Responsible Official: Martha Ketelle, current travel system receives most of Director, Office of Food for Peace, Bureau Forest Supervisor, White River National its use from recreation users. Recreation for Democracy, Conflict and Humanitarian Forest, PO Box 948, Glenwood Springs, on the Forest has substantially increased Assistance. Colorado 81602. since the last major transportation [FR Doc. 02–21771 Filed 8–26–02; 8:45 am] SUPPLEMENTARY INFORMATION: Pursuant planning effort in 1984. Since that time, BILLING CODE 6116–01–P to 40 Code of Federal Regulations (CFR) there have been technological changes 1501.7, the Forest Supervisor for the that effect access and recreation use. White River National Forest gives notice Mountain bikes have become very of the agency’s intent to prepare an EIS popular, and they are able to go on a DEPARTMENT OF AGRICULTURE in conjunction with the Travel variety of terrains. Likewise, all terrain Management Plan required under 36 vehicle and snowmobile advances allow Forest Service CFR 212.5(b). The White River National these machines to access areas that were White River National Forest, Colorado, Forest invites those interested parties once inaccessible. Travel Management Plan and affected people to participate in the There are two main types of analysis and contribute to the final recreation travel, destination travel and AGENCY: Forest Service, USDA. decision for this proposed action. recreation occurring on the travelway.

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Destination travel can be defined as how to accommodate the varied, and undergo analysis in accordance with the using the travelway to get to a particular sometimes conflicting, recreation uses. National Environmental Policy Act site for recreational purposes. Examples This document seeks to update the (NEPA). are fishing, picnicking, boating, hunting, travel management uses and to identify 6. Identification of specific roads for skiing, site seeing, gathering forest an efficient road and trail system for the decommissioning. products, visiting historic sites and White River National Forest. The • One of the objective strategies in the camping. Recreation occurring on the purpose is to have a clear and concise Forest Plan is to decommission 22 miles travelway can include driving for plan for a transportation network that of unneeded road per year. The Travel pleasure, 4-wheel driving, jeeping, all addresses the needs for forest Plan will identify specific system roads terrain vehicle driving, motorcycling, management, public access and that meet the criteria for horseback riding, hiking, snowmobiling, recreation use. decommissioning. cross-country skiing, snowshoeing and Nature of Decision To Be Made Range of Alternatives mountain biking. Some types of recreation entail both types of travel; all The Travel Management Plan is an The proposed action is to create a of these uses require some type of assessment of how and where travel Travel Management Plan for the White transportation access. With the amount should occur on the Forest. The River National Forest. All alternatives and variety of uses, recreational development of this document shall be will be in compliance with and tier to activities can cause user conflict. The an accumulation of ideas, concepts, and the decisions made in the Forest Plan. transportation network and uses on the analysis from forest specialists, district It is not the intent of this proposal to network needs to be able to personnel, other agency personnel, and amend the Forest Plan. The range of alternatives considered accommodate the varied recreational interested publics. will address different options to resolve activities our publics enjoy. At the same The six decisions to be made in the concerns raised as significant issues and time, this network has to be an efficient, Travel Management Plan are: to fulfill the purpose and need. A manageable system for the Forest 1. Designation of summer (snow-free) reasonable range of alternatives will be Service. Developing a Travel Plan to travel area strategies. • evaluated. Rationale will be given for accommodate and balance the Area strategy describes whether an any alternative eliminated from detailed transportation needs of the public and area is open, restricted, or closed to a consideration. Alternatives will to provide adequate access for forest and specific use and where that use is represent differing concepts based on resource management is the goal of this allowed to occur. 2. Designations for road and trail uses quality and quantity of travel. document. during summer (snow-free) periods. A ‘‘no-action alternative’’ is required Purpose and Need for Action • These define specific use for each by law. The no-action alternative under road and trail including seasonal this analysis will assume travel In order to align the travel strategy on restrictions. The standard use categories management conditions as described the Forest with the White River Forest are passenger car, four-wheel drive under the Forest Plan. Additional Plan and to comply with 36 CFR vehicles, all-terrian vehicle, motorcycle, alternatives will provide a range of ways 212.5(b), the Forest Supervisor mountain bike, horse and pack animal, to address and respond to public issues, expressed the need for a forest-wide and foot. management concerns and resource Travel Management Plan. This effort is 3. Designation of winter travel area opportunities identified during the the extension of an earlier effort to strategies. scoping process. provide a Travel Management Plan • An area strategy describes whether The following thematic descriptions along with the White River Forest Plan. an area is open, restricted, or closed to represent three alternatives to be Due to public input and the complexity a specific use. considered in the EIS. of the subject matter, the decision was 4. Designation of winter routes. • Maximum: This alternative made to separate the two plans and • Defines routes through restricted emphasizes the social and recreational develop the Travel Management Plan areas for over-snow use. needs associated with an expanded the after the completion of the Forest Plan. 5. Designation or elimination of transportation system. It allows more This Travel Management Plan and the unclassified travelways. opportunity for separation of incorporated EIS intend to meet that • Currently there are over 500 miles recreational uses and more opportunity commitment. of inventoried or known roads and trails for winter travel. It adds relatively more Since the last Travel Plan (1984), land that are not officially designated as part unclassified roads and trails into the management concepts, practices and of the Forest travel system. These may system and has less miles of roads to be priorities have modified. Technology have been constructed for specific short- decommissioned. It would contain the and science have advanced, and they time purpose and were never properly most miles of roads and trails available are reflected in Forest Service land closed, or they may also be the result of for travel. With more miles of trail and management. These changes also need traffic going off-road or trail repeatly road, there would be relatively more to be reflected in an efficient travel forming an illegal road or trail. Legally, impacts to resources; therefore, system that serves land management in the Forest Service cannot recognize nor mitigation and protection measures an ecologically sound manner. maintain them. Therefore, it is proposed would take longer to implement under Recreational use on the Forest has to either designate these travelways or this alternative. increased over the past eighteen years eliminate them. This will be a one-time • Minimum: This alternative places and new modes of travel have come into look at these travelways for designation less of an emphasis on meeting social play (i.e., mountain bikes and all-terrain or elimination; one which follows the and recreational needs. It follows the vehicles). Advances in vehicular and NEPA process and examines the hierarchical or shared recreational use mechanical travel have allowed environmental impacts. After this system, with few routes designated for machines to travel further and over process, any new unclassified a single use, and provides less rougher terrain than before. The Forest travelways will automatically be opportunity for winter travel. Fewer needs to address how and where to designated for elimination. Any new unclassified roads and trails are added allow various forms of recreation and road or trail proposed would have to to the system with more miles of road

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selected for decommissioning. This Written comments will be accepted at consider them and respond to them in alternative would have the least amount these meetings. The Forest Service will the FEIS. of roads and trails available for travel. work with tribal governments to address To assist the Forest Service in Under this alternative, there are issues that would significantly or identifying and considering issues and relatively less impacts to resources; uniquely affect them. concerns on the proposed action, therefore, mitigation and protection comments on the DEIS should be as Response To Comments/Forest Plan EIS measures take a shorter amount of time specific as possible. It is also helpful if Process to implement. comments refer to specific pages or • Blended: In this alternative, social, During the Proposed Forest Plan and chapters of the draft statement. recreation and resource needs DEIS comment period, many comments Comments may also address the associated with the transportation were received regarding travel adequacy of the DEIS or the merits of system are considered equitably. This management. Many of these were the alternatives formulated and alternative seeks to create a balanced addressed in the White River Forest discussed in the statement. Reviewers emphasis containing both separation of Plan Environmental Impact Statement may wish to refer to the Council on uses and shared use systems, along with in Appendix A, Response to Comments. Environmental Quality Regulations for a moderate amount of area available for The remaining comments, which tended implementing the procedural provisions winter travel. In this alternative, some to be site-specific (i.e., addressed a of the National Environmental Policy unclassified roads and trails are be specific road or trail), were sorted and Act at 40 CFR 1503.3 in addressing added to the system. Some system roads distributed to the responsible ranger these points. are selected for decommissioning. district. The ranger district and the ID Comments received, including the • No Action: This alternative reflects team will use these for reference. The names and addresses of those who the current condition under the Forest comments received from the Proposed comment, will be considered part of the Plan. It contains the roads and trails Forest Plan and DEIS on travel public record on this proposal and will currently in the travel system. The uses management will be incorporated into be available for public inspection. generally follow the heirarchical system. internal deliberative processes. The (Authority: 40 CFR 1501.7 and 1508.22; No unclassified roads or trails are added comments that do not comply with the Forest Service Handbook 1909.15, Section to the system, and no classified roads Forest Plan cannot be considered. 21) are designated for decommissioning Because the Travel Management Plan/ Dated: August 20, 2002. under this alternative. EIS is a stand-alone document, only Stephen C. Sherwood, The public is encouraged to comment public comment letters on the Travel on these alternative concepts as well as Management Plan DEIS will be formally Deputy Forest Supervisor. present others for consideration. addressed in an appendix in the FEIS. [FR Doc. 02–21706 Filed 8–26–02; 8:45 am] BILLING CODE 3410–BW–P Scoping Process/Comment Requested Early Notice of Importance of Public The first formal opportunity to Participation in Subsequent comment on the White River Travel Environmental Review DEPARTMENT OF AGRICULTURE Management Plan is during the scoping A DEIS will be prepared for comment. process (40 CFR 1501.7), which begins Forest Service The comment period on the DEIS will with the issuance of this notice of be 60 days from the date the intent. All comments, including the Tehama County Resource Advisory Environmental Protection Agency names, addresses and when provided, Committee publishes the notice of availability in are placed in the record and are the Federal Register. AGENCY: Forest Service, USDA. available for public inspection. ACTION: Notice of meeting. Comments must be in writing. Mail The Forest Service believes it is important to give reviewers notice of comments to: Dottie Bell, White River SUMMARY: The Tehama County Resource National Forest, PO Box 948, Glenwood several court rulings related to public participation in the environmental Advisory Committee (RAC) will meet in Springs, Colorado 81602. Red Bluff, California. Agenda items to The Forest Service requests comments review process. First, reviewers of DEISs must structure their participation in the be covered include: (1) Introductions, on the nature and scope of the (2) Approval of Minutes, (3) Public environmental, social and economic environmental review of the proposal so it is meaningful and alerts an agency to Comment, (4) Other Project Proposals/ issues, and possible alternatives related Possible Action, (5) Sunflower to the development of this Travel the reviewer’s position and contentions Vermont Yankee Nuclear Power Corp. v. Coordinated Resource Presentation/ Management Plan and EIS. Possible Action, (6) Valentine Ridge A series of public opportunities are NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections that could be Project Proposal/Possible Action, (7) scheduled to explain the Travel General discussion, (8) National RAC Management Planning and provide an raised at the DEIS stage but are not raised until after completion of the final Member Talk, (9) Evaluation Criteria opportunity for public input. Five (5) Form/Possible Action, (10) House scoping meetings are planned. EIS may be waived or dismissed by the courts. City of Angoon v. Hodel, 803 Committee Report, (11) Draft Addition September 10—Garfield County to Standard Long Form/Possible Action. Fairgrounds (one of the rooms under F.2d 1016, 1022 (9th Cir. 1986) and DATES: The meeting will be held on the grandstand), 6–9 p.m. Wisconsin Heritages, Inc. v. Harris, 490 September 12—Blanco Ranger District F. Supp. 1334, 1338 (E.D. Wis. 1980). September 12, 2002, from 9 a.m. and Office, 3–7 p.m. Because of these court rulings, it is very end at approximately 12 p.m. September 16—Eagle County Office in important that those interested in this ADDRESSES: The meeting will be held at Basalt (Mt. Sopris Room), 6:30–9 p.m. proposed action participate by the close the Lincoln Street School, Conference September 17—Summit County Middle of the 60-day comment period so Room A, 1135 Lincoln Street, Red Bluff, School auditorium, 6–9 p.m. substantive comments and objections CA. Individuals wishing to speak or September 18—Avon Public Library are made available to the Forest Service propose agenda items must send their (Beaver Creek Room), 6–9 p.m. at a time when it can meaningfully names and proposals to Jim Giachino,

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DFO, 825 N. Humboldt Ave., Willows, the project will not cause significant ACTION: Notice of a Finding of No CA 95988. local, regional, or national impacts on Significant Impact. FOR FURTHER INFORMATION CONTACT: the environment. As a result of these Bobbin Gaddini, Committee findings, Tomas M. Dominquez, Acting SUMMARY: Pursuant to section 102(2)(c) Coordinator, USDA, Mendocino State Conservationist, has determined of the National Environmental Policy National Forest, Grindstone Ranger that the preparation and review of an Act of 1969; the Council on District, PO Box 164, Elk Creek, CA environmental impact statement is not Environmental Quality Regulations (40 95939. (530) 968–5329; EMAIL needed for this project. CFR part 1500); and the Natural [email protected]. The project will rehabilitate Resources Conservation Service SUPPLEMENTARY INFORMATION: The Floodwater Retarding Structure No. 3C Regulations (7 CFR part 650); the meeting is open to the public. to maintain the present level of flood Natural Resources Conservation Service, Committee discussion is limited to control benefits and comply with the Department of Agriculture, gives notice Forest Service staff and Committee current performance and safety that an environmental impact statement members. However, persons who wish standards. is not being prepared for the Twin Parks to bring matters to the attention of the Rehabilitation of the site will require Watershed, Iowa County, Wisconsin. Committee may file written statements the disturbance of 3.59 acres. A new 30 FOR FURTHER INFORMATION CONTACT: with the Committee staff before or after inch principal spilllway and an Thomas Krapf, Water Resources Staff the meeting. Public input sessions will additional auxiliary spillway 180 feet Leader, Natural Resources Conservation be provided and individuals who made wide will be installed. The disturbed Service, 6515 Watts Road, Suite 200, written requests by September 9, 2002 areas will be planted to plants that have will have the opportunity to address the wildlife values. The proposed work will Madison, Wisconsin, 53719. Telephone committee at those sessions. not affect any prime farmland, (608) 276–8732. endangered or threatened species, SUPPLEMENTARY INFORMATION: The Dated: August 21, 2002. wetlands, or cultural resources. James F. Giachino, environmental assessment of this Federal assistance will be provided federally assisted action indicates that Designated Federal Official. under authority of the Small Watershed [FR Doc. 02–21732 Filed 8–26–02; 8:45 am] the project will not cause significant Rehabilitation Amendments of 2000 local, regional, or national impacts on BILLING CODE 3410–11–M (Section 313, Pub. L. 106–472). Total the environment. As a result of these project costs is estimated to be findings, Patricia S. Leavenworth, State $1,215,700, of which $790,205 will be Conservationist, has determined that the DEPARTMENT OF AGRICULTURE paid from the Small Watershed preparation and review of an Rehabilitation funds and $425,495 from Natural Resources Conservation environmental impact statement are not local funds. Service needed for this project. The notice of a Finding of No Rehabilitation of Floodwater Retarding Significant Impact (FONSI) has been The project purpose is flood Structure No. 3C of the East Fork forwarded to the Environmental prevention. The planned works of Above Lavon Watershed of the Trinity Protection Agency and to various improvement include: the repair of a River Watershed, Collin County, TX Federal, State, and local agencies and pipe separation in Twin Parks Structure interested parties. A limited number of Number 10, the raising of the dam an AGENCY: Natural Resources copies of the FONSI are available to fill average of one foot to meet current Conservation Service, USDA. single copy requests at the above freeboard guidelines, and the enactment ACTION: Notice of a finding of no address. Basic data developed during of a county floodplain zoning ordinance significant impact. the environmental assessment are on which restricts future development file and may be reviewed by contacting within the hydraulic shadow of SUMMARY: Pursuant to section 102(2)(c) Structure Number 10. of the National Environmental Policy Tomas M. Dominquez, Acting State Act of 1969; the Council on Conservationist. The Notice of a Finding of No Environmental Quality Regulations (40 No administrative action on Significant Impact (FONSI) has been CFR part 1500); and the Natural implementation of the proposal will be forwarded to the Environmental Resources Conservation Service taken until 30 days after the date of this Protection Agency and to various Regulations (7 CFR part 650); the publication in the Federal Register. Federal, State, and local agencies and Natural Resources Conservation Service, Dated: August 13, 2002. interested parties. A limited number of U.S. Department of Agriculture, gives Tomas M. Dominquez, copies of the FONSI are available to fill notice that an environmental impact Acting State Conservationist. single copy requests at the above statement is not being prepared for the [FR Doc. 02–21715 Filed 8–26–02; 8:45 am] address. Basic data developed during rehabilitation of Floodwater Retarding BILLING CODE 3410–16–P the environmental assessment are on Structure No. 3C of the East Fork Above file and may be reviewed by contacting Lavon Watershed of the Trinity River Thomas Krapf. Watershed. DEPARTMENT OF AGRICULTURE No administrative action on FOR FURTHER INFORMATION CONTACT: implementation of the proposal will be Natural Resources Conservation Tomas M. Dominquez, Acting State taken until 30 days after the date of this Service Conservationist, Natural Resources publication in the Federal Register. Conservation Service, 101 South Main, Twin Parks Watershed, Iowa County, Dated: July 24, 2002. Temple, Texas 76501–7682, Telephone Wisconsin (254) 742–9800. Patricia S. Leavenworth, SUPPLEMENTARY INFORMATION: The AGENCY: Natural Resources State Conservationist. environmental assessment of this Conservation Service (NRCS) in [FR Doc. 02–21714 Filed 8–26–02; 8:45 am] federally assisted action indicates that Wisconsin Department of Agriculture. BILLING CODE 3410–16–P

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ARCHITECTURAL AND Act for FY 2001 (Pub. L. 106–554), the ACTION: Notice of initiation of TRANSPORTATION BARRIERS Office of Management and Budget antidumping and countervailing duty COMPLIANCE BOARD (OMB) issued implementing guidelines administrative reviews and requests for entitled ‘‘Guidelines for Ensuring and [Docket No. 02–2] revocation in part. Maximizing the Quality, Objectivity, Information Quality Guidelines Utility, and Integrity of Information SUMMARY: The Department of Commerce 1 Disseminated by Federal Agencies.’’ (the Department) has received requests AGENCY: Architectural and OMB’s implementing guidelines to conduct administrative reviews of Transportation Barriers Compliance directed each agency to post final various antidumping and countervailing Board. information quality guidelines on their duty orders and findings with July ACTION: Notice of availability of draft web site no later than October 1, 2002. anniversary dates. In accordance with information quality guidelines and The Access Board has made its draft request for comments. information quality guidelines available the Department’s regulations, we are on its web site for public comment and initiating those administrative reviews. SUMMARY: The Architectural and review at http://www.access-board.gov/ The Department also received requests Transportation Barriers Compliance infoquality.htm. to revoke five antidumping duty orders Board (Access Board) has placed draft The purpose of these information in part. information quality guidelines on its quality guidelines is to ensure and EFFECTIVE DATE: August 27, 2002. web site for public review and maximize the quality, objectivity, comment. The purpose of the draft utility, and integrity of information FOR FURTHER INFORMATION CONTACT: information quality guidelines is to disseminated by the Access Board. The Holly A. Kuga, Office of AD/CVD ensure the quality, objectivity, utility, guidelines also establish administrative Enforcement, Import Administration, and integrity of certain information mechanisms allowing affected persons International Trade Administration, disseminated by the Access Board to the to seek and obtain correction of U.S. Department of Commerce, 14th public. The draft guidelines also information that does not comply with Street and Constitution Avenue, NW., provide an administrative mechanism these guidelines. Pursuant to the Washington, DC 20230, telephone: (202) for requests for correction of implementing guidelines issued by 482–4737. information publicly disseminated by OMB, the Access Board must report the Access Board. Comments will be annually to the Director of OMB, SUPPLEMENTARY INFORMATION: accepted on the draft guidelines and the beginning January 1, 2004, on the Background Access Board will consider those number and nature of complaints comments prior to issuing final regarding the Access Board’s The Department has received timely guidelines. compliance with the information quality requests, in accordance with 19 CFR DATES: Comments on the draft guidelines and how such complaints 351.213(b)(2001), for administrative guidelines must be received by were resolved. reviews of various antidumping and September 10, 2002. The Access Board will consider all countervailing duty orders and findings ADDRESSES: Comments should be sent to comments received in response to this with July anniversary dates. The the Office of General Counsel, notice and will issue final information Department also received timely Architectural and Transportation quality guidelines before October 1, requests to revoke in part the 2002. Barriers Compliance Board, 1331 F antidumping duty orders on Silicon Street NW, suite 1000, Washington, DC Lawrence W. Roffee, Metal from Brazil, Fresh Atlantic 20004–1111. E-mail comments should Executive Director. Salmon from Chile, Certain Pasta from be sent to [email protected]. [FR Doc. 02–21739 Filed 8–26–02; 8:45 am] Italy, Certain Pasta from Turkey and Comments sent by e-mail will be BILLING CODE 8150–01–P Persulfates from the People’s Republic considered only if they contain the full of China. name and address of the sender in the text. Comments will be available for Initiation of Reviews inspection at the above address from 9 DEPARTMENT OF COMMERCE In accordance with 19 CFR a.m. to 5 p.m. on regular business days. International Trade Administration FOR FURTHER INFORMATION CONTACT: 351.221(c)(1)(i), we are initiating Elizabeth Stewart, Deputy General Initiation of Antidumping and administrative reviews of the following Counsel, Architectural and Countervailing Duty Administrative antidumping and countervailing duty Transportation Barriers Compliance Reviews and Requests for Revocation orders and findings. We intend to issue Board, 1331 F Street NW, suite 1000, in Part the final results of these reviews not Washington DC 20004–1111. Telephone later than July 31, 2003. AGENCY: number (202) 272–0042 (voice); (202) Import Administration, 272–0082 (TTY). Electronic mail International Trade Administration, address: [email protected]. Department of Commerce. SUPPLEMENTARY INFORMATION: Pursuant 1 Published by OMB on September 28, 2001 (66 to section 515 of the Treasury and FR 49718), updated January 3, 2002 (67 FR 369), General Government Appropriations and corrected February 22, 2002 (67 FR 8452).

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Antidumping Duty Proceedings Brazil: Silicon Metal, A–351–806 ...... 7/1/01–6/30/02 Companhia Brasileira Carbureto De Calcio Rima Industrial S/A Chile: Fresh Atlantic Salmon, A–337–803 ...... 7/1/01–6/30/02 Acuicultura de Aquas Australes Agromar Ltda. Aguas Claras S.A. Antarfish S.A. Aqua Chile S.A. Aquasur Fisheries Ltda. Asesoria Acuicola S.A. Australis S.A. Best Salmon Cenculmavique Centro de Cultivo de Moluscos Cerro Farrellon Ltda. Chile Cultivos S.A. Chisal S.A. Comercializadora Smoltech Ltda. Complejo Piscicola Coyhaique Cultivadora de Salmones Linao Ltda. Cultivos Marinos Chiloe Ltda. Cultivos San Juan Cultivos Yardan S.A. Empresa Nichiro Chile Ltda. Fiordo Blanco S.A. Fisher Farms Fitz Roy S.A. Fjord Sea Food Chile Friosur S.A. Ganadera Del Mar Gentec S.A. Granja Maria Torna Galeones S.A. Hiuto Salmones S.A. Huitosal Mares Australes Salmo Pac. Instituto Tecnologico Del Salmon S.A. Inversiones Pacific Star Ltda. Invertec Pesquera Mar de Chiloe Ltda. Los Fiordos Ltda. Manao Bay Fishery S.A. Mardim Ltda. Marine Harvest Chile S.A. Ocean Horizons Chile S.A. Pacific Mariculture Patagonia Fish Farming S.A. Patagonia Salmon Farming S.A. Pesca Chile S.A. Pesquera Antares S.A. Pesquera Chiloe S.A. Pesquera Eicosal Ltda. Pesquera Friosur S.A. Pesquera Los Fiordos Ltda. Pesquera Mares de Chile S.A. Pesquera Pacific Star Pesquera Quellon Ltda. Pesquera Y Comercial Rio Peulla S.A. Piscicola Entre Rios S.A. Piscicultura Iculpe Piscicultura La Cascada Piscultura Santa Margarita Productos Del Mar Ventisqueros S.A. Prosmolt S.A. Quetro S.A. River Salmon S.A. Robinson Crusoe Y Cia. Ltda. Salmoamerica Salmones Andes S.A. Salmones Antarctica S.A. Salmones Aucar Ltda. Salmones Caicaen S.A. Salmones Calbuco S.A. Salmones Chiloe S.A.

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Salmones Friosur S.A. Salmones Huillinco S.A. Salmones Ice Val Ltda. Salmones Llanquihue Salmones Mainstream S.A. Salmones Multiexport Ltda. Salmones Pacific Star Ltda. Salmones Pacifico Sur S.A. Salmones Quellon Salmones Ranco Sur Ltda. Salmones Tecmar S.A. Salmones Tierra Del Fuego Ltda. Salmones Unimarc S.A. Salmosan Seafine Salmon S.A. Skyring Salmon S.A. Soc. Agricola Chillehue Ltda. Soc. Alimentos Maritimos Avalon Ltda. Soc. Aquacultivos Ltda. Truchas Aguas Blancas Ltda. Trusal S.A. Ventisqueros S.A. France: Stainless Steel Sheet and Strip in Coils, A–427–814—Ugine S.A...... 7/1/01–6/30/02 Germany: Stainless Steel Sheet and Strip in Coils, A–427–825 ...... 7/1/01–6/30/02 Krupp Thyssen Nirosta GmbH Thyssen Krupp VDM GmbH Germany: Industrial Nitrocellulose, A–428–803—Wolff Walsrode AG ...... 7/1/01–6/30/02 Iran: In-Shell Pistachios, A–507–502 ...... 7/1/01–6/30/02 Nima Trading Company Rafsanjan Pistachios Producers Cooperative Italy: Certain Pasta, A–475–818 ...... 7/1/01–6/30/02 F. Divella S.P.A. Industria Alimentare Colavita, S.p.A. Industrie Alimentari Molisane S.r.l. Labor S.r.l. Molino e Pastificio Tomasello S.r.l. Pastificio Antonio Pallante S.r.l. Pastificio Guido Ferrara Pastificio Garofalo S.p.A. IAPC Italia S.r.l. Pastificio F.LLI Pagani S.p.A. Pastificio Zaffiri S.r.l. P.A.M., S.r.l.—Prodotti Alimentari Meridionali. Rummo S.p.A. Pastificio e Molino Italy: Stainless Steel Sheet and Strip in Coils, A–475–824—Thyssen Krupp Acciai Speciali S.p.A...... 7/1/01–6/30/02 Mexico: Stainless Steel Sheet and Strip in Coils, A–201–822—Thyssen Krupp Mexinox S.A. de C.V...... 7/1/01–6/30/02 Republic of Korea: Stainless Steel Sheet and Strip in Coils, A–580–834 ...... 7/1/01–6/30/02 Dai Yang Metal Co., Ltd Pohang Iron & Steel Co., Ltd. Taiwan: Stainless Steel Sheet and Strip in Coils, A–583–831 ...... 7/1/01–6/30/02 Chia Far Industrial Factory Co., Ltd. Ta Chen Stainless Pipe Co., Ltd. Tung Mung Development Co., Ltd. Yieh United Steel Corporation Thailand: Canned Pineapple, A–549–813 ...... 7/1/01–6/30/02 Dole (Thailand)/Dole Package Foods Co./Dole Food Co. Kuiburi Fruit Canning Company Limited Malee Sampran Factory Public Company, Ltd. The Prachuab Fruit Canning Company Siam Fruit Canning (1988) Co., Ltd. Siam Food Products Public Company Ltd. Thai Pineapple Canning Industry Corporation The Thai Pineapple Public Co., Ltd. Vita Food Factory (1989) Co., Ltd. Thailand: Carbon Steel Butt-Weld Pipe Fittings, A–549–807—Thai Benkan Corporation, Ltd...... 7/1/01–6/30/02 Thailand: Furfuryl Alcohol, A–549–812—Indorama Chemicals Thailand Ltd...... 7/1/01–6/30/02 The People’s Republic of China: Bulk Aspirin 1, A–570–853 ...... 7/1/01–6/30/02 Shandong Xinhua Pharmaceutical Co., Ltd. Jilin Henghe Pharmaceutical Co., Ltd. The People’s Republic of China: Persulfates 2, A–570–847—Shanghai Ai Jian Import & Export Corp./Shanghai Ai Jian Rea- gent Works ...... 7/1/01–6/30/02 The People’s Republic of China:Sebacic Acid 3, A–570–825 ...... 7/1/01–6/30/02 Tianjin Chemicals Import & Export Co.

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Guangdong Chemicals Import and Export Co. Turkey: Certain Pasta, A–489–805—Filiz Gida Sanayi ve Ticaret A.S...... 7/1/01–6/30/02 The United Kingdom: Industrial Nitrocellulose, A–412–803—Imperial Chemical Industries PLC and its affiliates ...... 7/1/01–6/30/02 Countervailing Duty Proceedings Italy: Certain Pasta, C–475–819 ...... 1/1/01–12/31/01 Delverde, SpA F. Divella S.p.A. F.lli De Cecco di Filippo Fara S. Martino S.p.A. Labor S.r.l. Suspension Agreements None. 1 If one of the above named companies does not qualify for a separate rate, all other exporters of bulk aspirin from the People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 2 If one of the above named companies does not qualify for a separate rate, all other exporters of persulfates from the People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 3 If one of the above named companies does not qualify for a separate rate, all other exporters of sebacic acid from the People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part.

During any administrative review DEPARTMENT OF COMMERCE the regulations codified at 19 CFR part covering all or part of a period falling 351 (2002). between the first and second or third International Trade Administration Postponement of Determination Results and fourth anniversary of the [A–552–801] publication of an antidumping order The Department has determined that under § 351.211 or a determination Notice of Postponement of Preliminary this case is extraordinarily complicated under § 351.218(f)(4) to continue an Antidumping Duty Determination: and additional time beyond the current order or suspended investigation (after Certain Frozen Fish Fillets From the December 5, 2002, deadline is necessary sunset review), the Secretary, if Socialist Republic of Vietnam to make the preliminary determination. requested by a domestic interested party Completion of the preliminary results within 30 days of the date of publication AGENCY: Import Administration, within the 190 day period is of the notice of initiation of the review, International Trade Administration, impracticable for the following reason: Department of Commerce. will determine whether antidumping (1) This is the first antidumping duty duties have been absorbed by an ACTION: Notice of postponement of investigation on imports from Vietnam; exporter or producer subject to the preliminary determination of (2) The Department needs to determine review if the subject merchandise is antidumping duty investigation. whether Vietnam is to be treated as a sold in the United States through an market or a non-market economy for EFFECTIVE DATE: August 27, 2002. importer that is affiliated with such purposes of this antidumping duty exporter or producer. The request must FOR FURTHER INFORMATION CONTACT: Alex investigation. The Department is include the name(s) of the exporter or Villanueva or Lisa Shishido, Import postponing the preliminary Administration, International Trade producer for which the inquiry is determination until 190 days after Administration, U.S. Department of requested. initiation in accordance with section Commerce, 14th Street and Constitution 733(c)(1)(B) of the Act. Interested parties must submit Avenue, NW., Washington, DC 20230; applications for disclosure under telephone: (202) 482–3208, (202) 482– Therefore, the preliminary administrative protective orders in 1382, respectively. determination is now due on January accordance with 19 CFR 351.305. SUMMARY: The Department of Commerce 24, 2003. The deadline for the final These initiations and this notice are (‘‘the Department’’) is extending the determination will continue to be 75 in accordance with section 751(a) of the time limit for the preliminary days after the date of the preliminary Tariff Act of 1930, as amended (19 determination of the investigation of determination. U.S.C. 1675(a)) and 19 CFR certain frozen fish fillets from the Dated: August 20, 2002. 351.221(c)(1)(i). Socialist Republic of Vietnam Faryar Shirzad, (‘‘Vietnam’’). Dated: August 19, 2002. Assistant Secretary for Import Holly A. Kuga, The Applicable Statute and Regulations Administration. Senior Office Director, Group II, Office 4, Unless otherwise indicated, all [FR Doc. 02–21768 Filed 8–26–02; 8:45 am] Import Adminstration. citations to the Tariff Act of 1930, as BILLING CODE 3510–DS–P [FR Doc. 02–21803 Filed 8–26–02; 8:45 am] amended (‘‘the Act’’), are references to BILLING CODE 3510–DS–P the provisions effective January 1, 1995, the effective date of the amendments made to the Act by the Uruguay Round Agreements Act (‘‘URAA’’). In addition, unless otherwise indicated, all citations to the Department’s regulations are to

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COMMITTEE FOR THE and silk blend and other vegetable fiber 4 Category 359pt.: all HTS numbers except apparel, produced or manufactured in the 6115.19.8010, 6117.10.6010, 6117.20.9010, IMPLEMENTATION OF TEXTILE 6203.22.1000, 6204.22.1000, 6212.90.0010, AGREEMENTS Philippines and exported during the twelve- month period which began on January 1, 6214.90.0010, 6406.99.1550, 6505.90.1525, 6505.90.1540, 6505.90.2060 and Adjustment of Import Limits for Certain 2002 and extends through December 31, 6505.90.2545. Cotton, Wool and Man-Made Fiber 2002. 5 Category 369pt.: all HTS numbers except Effective on August 27, 2002, you are Textiles and Textile Products and Silk 4202.12.4000, 4202.12.8020, 4202.12.8060, directed to adjust the limits for the following 4202.22.4020, 4202.22.4500, 4202.22.8030, Blend and Other Vegetable Fiber categories, as provided for under the Uruguay 4202.32.4000, 4202.32.9530, 4202.92.0505, Apparel Products Produced or Round Agreement on Textiles and Clothing: 4202.92.1500, 4202.92.3016, 4202.92.6091, Manufactured in the Philippines 5601.10.1000, 5601.21.0090, 5701.90.1020, Adjusted twelve-month 5701.90.2020, 5702.10.9020, 5702.39.2010, Category 5702.49.1020, 5702.49.1080, 5702.59.1000, August 21, 2002. limit 1 AGENCY 5702.99.1010, 5702.99.1090, 5705.00.2020, : Committee for the 5805.00.3000, 5807.10.0510, 5807.90.0510, Implementation of Textile Agreements Levels in Group I 6301.30.0010, 6301.30.0020, 6302,51.1000, (CITA). 237 ...... 852,357 dozen. 6302.51.2000, 6302.51.3000, 6302.51.4000, 333/334 ...... 436,405 dozen of ACTION: Issuing a directive to the 6302.60.0010, 6302.60.0030, 6302.91.0005, which not more than 6302.91.0025, 6302.91.0045, 6302.91.0050, Commissioner of Customs adjusting 63,330 dozen shall 6302.91.0060, 6303.11.0000, 6303.91.0010, limits. be in Category 333. 6303.91.0020, 6304.91.0020, 6304.92.0000, 335 ...... 232,422 dozen. 6305.20.0000, 6306.11.0000, 6307.10.1020, EFFECTIVE DATE: August 27, 2002. 6307.10.1090, 6307.90.3010, 6307.90.4010, 336 ...... 1,204,930 dozen. 6307.90.5010, 6307.90.8910, 6307.90.8945, FOR FURTHER INFORMATION CONTACT: 340/640 ...... 1,450,907 dozen. 6307.90.9882, 6406.10.7700, 9404.90.1000, Naomi Freeman, International Trade 341/641 ...... 1,269,797 dozen. 9404.90.8040 and 9404.90.9505. Specialist, Office of Textiles and 342/642 ...... 1,001,493 dozen. 6 Category 459pt.: all HTS numbers except Apparel, U.S. Department of Commerce, 345 ...... 286,118 dozen. 6115.19.8020, 6117.10.1000, 6117.10.2010, 6117.20.9020, 6212.90.0020, 6214.20.0000, (202) 482–4212. For information on the 351/651 ...... 1,000,461 dozen. 352/652 ...... 4,231,567 dozen. 6405.20.6030, 6405.20.6060, 6405.20.6090, quota status of these limits, refer to the 359–C/659–C 2 ...... 798,442 kilograms. 6406.99.1505, 6406.99.1560. 7 Quota Status Reports posted on the 361 ...... 2,917,401 numbers. Category 469pt.: all HTS numbers except bulletin boards of each Customs port, 3 5601.29.0020, 5603.94.1010, 6304.19.3040, 369–S ...... 1,383 kilograms. 6304.91.0050, 6304.99.1500, 6304.99.6010, call (202) 927–5850, or refer to the U.S. 433 ...... 4,005 dozen. 6308.00.0010 and 6406.10.9020. Customs website at http:// 445/446 ...... 36,284 dozen. 8 Category 659–O: all HTS numbers except www.customs.gov. For information on 447 ...... 10,087 dozen. 6103.23.0055, 6103.43.2020, 6103.43.2025, embargoes and quota re-openings, refer 611 ...... 854,442 square me- 6103.49.2000, 6103.49.8038, 6104.63.1020, ters. 6104.63.1030, 6104.69.1000, 6104.69.8014, to the Office of Textiles and Apparel 6114.30.3044, 6114.30.3054, 6203.43.2010, website at http://otexa.ita.doc.gov. 633 ...... 78,873 dozen. 634 ...... 815,760 dozen. 6203.43.2090, 6203.49.1010, 6203.49.1090, SUPPLEMENTARY INFORMATION: 635 ...... 499,051 dozen. 6204.63.1510, 6204.69.1010, 6210.10.9010, 6211.33.0010, 6211.33.0017, 6211.43.0010 Authority: Section 204 of the Agricultural 636 ...... 2,385,465 dozen. (Category 659–C); 6502.00.9030, Act of 1956, as amended (7 U.S.C. 1854); 638/639 ...... 3,038,618 dozen. 6504.00.9015, 6504.00.9060, 6505.90.5090, Executive Order 11651 of March 3, 1972, as 643 ...... 737,342 numbers. 6505.90.6090, 6505.90.7090, 6505.90.8090 amended. 645/646 ...... 1,110,747 dozen. (Category 659–H); 6115.11.0010, The current limits for certain 647/648 ...... 1,722,426 dozen. 6115.12.2000, 6117.10.2030, 6117.20.9030, 6212.90.0030, 6214.30.0000, 6214.40.0000, categories are being adjusted for Group II 200–220, 224–227, 234,534,827 square 6406.99.1510 and 6406.99.1540 (Category carryforward, swing and special shift. 659pt.). 300–326, 332, meters equivalent. 9 A description of the textile and 359pt. 4, 360, 362, Category 666pt.: all HTS numbers except apparel categories in terms of HTS 5 5805.00.4010, 6301.10.0000, 6301.40.0010, 363, 369pt. , 400– 6301.40.0020, 6301.90.0010, 6302.53.0010, numbers is available in the 414, 434–438, 6302.53.0020, 6302.53.0030, 6302.93.1000, CORRELATION: Textile and Apparel 442, 444, 448, 6302.93.2000, 6303.12.0000, 6303.19.0010, Categories with the Harmonized Tariff 459pt. 6, 469pt. 7, 6303.92.1000, 6303.92.2010, 6303.92.2020, Schedule of the United States (see 603, 604, 613– 6303.99.0010, 6304.11.2000, 6304.19.1500, Federal Register notice 66 FR 65178, 620, 624–629, 6304.19.2000, 6304.91.0040, 6304.93.0000, 644, 659–O 8, 6304.99.6020, 6307.90.9884, 9404.90.8522 published on December 18, 2001). Also 9 and 9404.90.9522. see 66 FR 63031, published on 666pt. , 845, 846 and 852, as a December 4, 2001. The Committee for the Implementation of group. Textile Agreements has determined that Philip J. Martello, 1 The limits have not been adjusted to ac- these actions fall within the foreign affairs Acting Chairman, Committee for the count for any imports exported after December exception to the rulemaking provisions of 5 Implementation of Textile Agreements. 31, 2001. U.S.C. 553(a)(1). 2 Category 359–C: only HTS numbers Sincerely, Committee for the Implementation of Textile 6103.42.2025, 6103.49.8034, 6104.62.1020, Agreements 6104.69.8010, 6114.20.0048, 6114.20.0052, Philip J. Martello, Acting Chairman, Committee for the August 21, 2002. 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025 and Implementation of Textile Agreements. Commissioner of Customs, 6211.42.0010; Category 659–C: only HTS [FR Doc.02–21705 Filed 8–26–02; 8:45 am] Department of the Treasury, Washington, DC numbers 6103.23.0055, 6103.43.2020, 20229. 6103.43.2025, 6103.49.2000, 6103.49.8038, BILLING CODE 3510–DR–S Dear Commissioner: This directive 6104.63.1020, 6104.63.1030, 6104.69.1000, amends, but does not cancel, the directive 6104.69.8014, 6114.30.3044, 6114.30.3054, 6203.43.2010, 6203.43.2090, 6203.49.1010, issued to you on November 27, 2001, by the 6203.49.1090, 6204.63.1510, 6204.69.1010, Chairman, Committee for the Implementation 6210.10.9010, 6211.33.0010, 6211.33.0017 of Textile Agreements. That directive and 6211.43.0010. concerns imports of certain cotton, wool and 3 Category 369–S: only HTS number man–made fiber textiles and textile products 6307.10.2005.

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CONSUMER PRODUCT SAFETY Additional Details About the Request DATES: Interested persons are invited to COMMISSION for Extension of Approval of submit comments on or before Information Collection Requirements September 26, 2002. Notification of Request for Extension Agency address: Consumer Product ADDRESSES: Written comments should of Approval of Information Collection Safety Commission, Washington, DC be addressed to the Office of Requirements—Sound Levels for Toy 20207. Information and Regulatory Affairs, Caps Title of information collection: Attention: Karen Lee, Desk Officer, Information Collection Requirements for Department of Education, Office of AGENCY: Consumer Product Safety Sound Levels for Toy Caps; 16 CFR Management and Budget, 725 17th Commission. 1500.86(a)(6)(ii) and (iii). Street, NW., Room 10235, New ACTION: Notice. Type of request: Extension of Executive Office Building, Washington, approval. DC 20503 or should be electronically Frequency of collection: One-time mailed to the internet address SUMMARY: In the June 13, 2002 Federal _ _ Register (67 FR 40689), the Consumer notification before beginning Karen F. [email protected]. Product Safety Commission published a distribution; status report four times SUPPLEMENTARY INFORMATION: Section notice in accordance with provisions of each year. 3506 of the Paperwork Reduction Act of the Paperwork Reduction Act (44 U.S.C. General description of respondents: 1995 (44 U.S.C. chapter 35) requires that chapter 35), to announce the agency’s Manufacturers and importers of toy the Office of Management and Budget intention to seek an extension of caps. (OMB) provide interested Federal approval for a period of three years from Estimated number of respondents: 10. agencies and the public an early the date of approval by the Office of Estimated average number of hours opportunity to comment on information Management and Budget of information per respondent: 4 per year. collection requests. OMB may amend or collection requirements in a regulation Estimated number of hours for all waive the requirement for public exempting certain toy caps from a respondents: 40 per year. consultation to the extent that public banning rule. One comment was Comments: Comments on this request participation in the approval process received on the Federal Register notice for extension of approval of information would defeat the purpose of the of June 13, 2002. However, the comment collection requirements should be information collection, violate State or related to the decibel level requirements submitted by September 26, 2002, to (1) Federal law, or substantially interfere of the rule and not the reporting Office of Information and Regulatory with any agency’s ability to perform its requirement subject to the Paperwork Affairs, Attn: OMB Desk Officer for statutory obligations. The Leader, Reduction Act. Therefore, the CPSC, Office of Management and Regulatory Information Management Commission now announces that it has Budget, Washington, DC 20503; Group, Office of the Chief Information submitted to the Office of Management telephone: (202) 395–7340, and (2) the Officer, publishes that notice containing and Budget a request for extension of Office of the Secretary, Consumer proposed information collection approval of that collection of Product Safety Commission, requests prior to submission of these information. Washington, DC 20207. Written requests to OMB. Each proposed comments may also be sent to the Office information collection, grouped by A regulation codified at 16 CFR of the Secretary by facsimile at (301) 1500.18(a)(5) bans toy caps producing office, contains the following: (1) Type 504–0127 or by e-mail at cpsc- of review requested, e.g. new, revision, peak sound levels at or above 138 [email protected]. Copies of this request for decibels (dB). Another regulation extension, existing or reinstatement; (2) extension of approval of information Title; (3) Summary of the collection; (4) codified at 16 CFR 1500.86(a)(6) collection requirements are available exempts toy caps producing sound Description of the need for, and from Linda Glatz, management and proposed use of, the information; (5) levels between 138 and 158 dB from the program analyst, Office of Planning and banning rule if they bear a specified Respondents and frequency of Evaluation, Consumer Product Safety collection; and (6) Reporting and/or warning label and if firms intending to Commission, Washington, DC 20207; distribute such caps: (1) Notify the Recordkeeping burden. OMB invites telephone: (301) 504–0416, extension public comment. Commission of their intent to distribute 2226. such caps; (2) participate in a program Dated: August 21, 2002. to develop toy caps producing sound Dated: August 21, 2002. John D. Tressler, levels below 138 dB; and (3) report Todd A. Stevenson, Leader, Regulatory Information Management quarterly to the Commission concerning Secretary, Consumer Product Safety Group, Office of the Chief Information Officer. the status of their programs to develop Commission. [FR Doc. 02–21696 Filed 8–26–02; 8:45 am] Office of Educational Research and caps with reduced sound levels. Improvement BILLING CODE 6355–01–P The Commission requests extension Type of Review: Revision. of approval of the information collection Title: Fast Response Survey System requirements in the rule codified at 16 DEPARTMENT OF EDUCATION (FRSS) 83: Survey on Internet Access in CFR 1500.86(a)(6) to obtain current and U.S. Public Schools, Fall 2002. periodically-updated information from Submission for OMB Review; Frequency: One time. all manufacturers concerning the status Comment Request Affected Public: Public Schools. of programs to reduce sound levels of Reporting and Recordkeeping Hour toy caps. The Commission will use this AGENCY: Department of Education. Burden: Responses: 1,200. Burden information to monitor industry efforts SUMMARY: The Leader, Regulatory Hours: 396. to reduce the sound levels of toy caps, Information Management Group, Office Abstract: This proposed survey will and to ascertain which firms are of the Chief Information Officer invites be the eighth in an annual series of currently manufacturing or importing comments on the submission for OMB surveys tracking access to the Internet toy caps with peak sound levels review as required by the Paperwork and other advanced telecommunications between 138 and 158 db. Reduction Act of 1995. in public schools and classrooms. The

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National Center for Education Statistics environmental impacts, specifically in program is the Federal Non-Nuclear has conducted a similar survey since the Petroleum Refining and Chemicals Energy Research and Development Act 1994 using the Fast Response Survey industrial sectors. The objective of the of 1974 (Pub. L. 93–577). The Catalog of System in order to monitor changes in solicitation is to find ways to mitigate Federal Domestic Assistance (CFDA) this rapidly changing area. For example, the risk to industries of accepting and Number for this program is 81.086, school access to the Internet has using emerging technologies developed Conservation Research and increased from 35 percent in 1994 to 99 by the industry initiatives. It is not the Development. percent in 2001. Other topics to be intent of DOE–ID to solicit research and Issued in Idaho Falls on August 20, 2002. development projects. covered include types of connections R. J. Hoyles, used by the school for connecting to the DATES: The issuance date of Solicitation Director, Procurement Services Division. Internet, what staff provide software and Number DE–PS07–02ID14407 will be on hardware support in the school, and August 20, 2002. The deadline for [FR Doc. 02–21741 Filed 8–26–02; 8:45 am] technologies and procedures used to receipt of applications will be BILLING CODE 6450–01–P prevent student access to inappropriate approximately on November 22, 2002. material on the Internet. The survey will ADDRESSES: The solicitation in its full DEPARTMENT OF ENERGY go to a nationally representative text will be available on the Internet at stratified sample of 1,200 schools. the following URL address: http://e- Environmental Management Site- Requests for copies of the submission center.doe.gov. The Industry Interactive Specific Advisory Board, Oak Ridge for OMB review; comment request may Procurement System (IIPS) provides the Reservation be accessed from http:// medium for disseminating solicitations, edicsweb.ed.gov, by selecting the receiving financial assistance AGENCY: Department of Energy. ‘‘Browse Pending Collections’’ link and applications and evaluating the ACTION: Notice of open meeting. by clicking on link number 2131. When applications in a paperless you access the information collection, environment. Completed applications SUMMARY: This notice announces a click on ‘‘Download Attachments’’ to are required to be submitted via IIPS. meeting of the Environmental view. Written requests for information An IIPS ‘‘User Guide for Contractors’’ Management Site-Specific Advisory should be addressed to Vivian Reese, can be obtained on the IIPS Homepage Board (EM SSAB), Oak Ridge. The Department of Education, 400 Maryland and then clicking on the ‘‘Help’’ button. Federal Advisory Committee Act (Pub. Avenue, SW., Room 4050, Regional Questions regarding the operation of L. 92–463, 86 Stat. 770) requires that Office Building 3, Washington, DC IIPS may be e-mailed to the IIPS Help public notice of these meeting be 20202–4651 or to the e-mail address Desk at IIPS_HelpDesk@e- announced in the Federal Register. [email protected]. Requests may also center.doe.gov. DATES: Thursday, September 12, 2002, 6 p.m.–9:30 p.m. be electronically mailed to the Internet FOR FURTHER INFORMATION CONTACT: _ address OCIO [email protected] or faxed to Layne Isom, Contract Specialist, (208) ADDRESSES: DOE Information Center, 202–708–9346. Please specify the 526–5633 [email protected]. 475 Oak Ridge Turnpike, Oak Ridge, complete title of the information SUPPLEMENTARY INFORMATION: This TN. collection when making your request. solicitation is commissioned on behalf FOR FURTHER INFORMATION CONTACT: Pat Comments regarding burden and/or of the DOE’s Office of Industrial Halsey, Federal Coordinator, the collection activity requirements Technologies (OIT) Best Practices Department of Energy Oak Ridge should be directed to Kathy Axt at her Program, which develops and provides Operations Office, PO Box 2001, EM–90, e-mail address [email protected]. energy-saving products, services, and Oak Ridge, TN 37831. Phone (865) 576– Individuals who use a technologies to industry. Additional 4025; Fax (865) 576–5333 or e-mail: telecommunications device for the deaf information about the Best Practices [email protected]. (TDD) may call the Federal Information Program can be found on the Web site Relay Service (FIRS) at 1–800–877– SUPPLEMENTARY INFORMATION: Purpose of http://www.oit.doe.gov/bestpractices. the Board: The purpose of the Board is 8339. DOE anticipates making 3 to 10 to make recommendations to DOE and cooperative agreement awards with total [FR Doc. 02–21713 Filed 8–26–02; 8:45 am] its regulators in the areas of estimated DOE funding ranging from $3 BILLING CODE 4000–01–P environmental restoration, waste to 10 million dollars, depending on final management, and related activities. funding levels and the quality of DEPARTMENT OF ENERGY proposals received. No individual Tentative Agenda awards will exceed $1 million dollars or • [Number DE–PS07–02ID14407] An Overview of the Lifecycle Baseline a timeframe of three years. The will be provided by a representative cooperative agreements will be awarded Emerging Technology Deployment for from the Department of Energy, Oak in accordance with DOE Financial the Chemical and Petroleum Industry Ridge Operations Office Assistance Regulations of Title 10 of the Solicitation • Question and Answer Period Code of Federal Regulations, Chapter II, • Comments from the Deputy AGENCY: Idaho Operations Office, DOE. Subchapter H, Part 600. Award of a Designated Federal Officer and Ex- ACTION: Notice of availability of cooperative agreement under this officios financial assistance solicitation. solicitation does not commit the • Public Comment Period Government to fund any follow-on • Motions and Recommendations for SUMMARY: The U.S. Department of activities. Successful applicants will be Consideration for Board Approval Energy (DOE) Idaho Operations Office required to submit quarterly, annual, • Reports from the Environmental (ID) is soliciting proposals for the and final reports to DOE and attend Restoration, Stewardship, and Waste installation and field-testing of annual program review meetings. Management Committees concerning technologies to reduce energy Applicants who are selected will cost- the Annual Work Plans consumption, enhance economic share a minimum of 50% of the project • Additions to the Agenda competitiveness, and reduce total cost. The statutory authority for the • Public Comment Period

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Public Participation: The meeting is response to an earlier Federal Register On May 19, 1999, the Office of open to the public. Written statements notice of April 15, 2002 (67 FR 18183) Management and Budget (OMB) may be filed with the Committee either and has made this notation in its approved the reporting requirements in before or after the meeting. Individuals submission to OMB. FERC Form 11 for a term of three years, who wish to make oral statements DATES: Comments on the collection of the maximum period permissible under pertaining to agenda items should information are due by September 22, the Paperwork Reduction Act before an contact Pat Halsey at the address or 2002. information collection must be telephone number listed above. resubmitted for approval. As noted ADDRESSES: Address comments to the Requests must be received five days above, this notice seeks public Office of Management and Budget, prior to the meeting and reasonable comments in order to recertify the FERC Office of Information ad Regulatory provision will be made to include the Form 11 reporting requirements. The Affairs, Attention: Federal Energy presentation in the agenda. The Deputy initial comment period in the Federal Designated Federal Officer is Regulatory Commission, Desk Officer, Register noted above, extended past the empowered to conduct the meeting in a 725 17th Street, NW., Washington, DC expiration date for the FERC Form 11. fashion that will facilitate the orderly 20503. A copy of the comments should Because of this lapse, the Commission conduct of business. Each individual also be sent to the Federal Energy seeks to have Form 11 reinstated and wishing to make public comment will Regulatory Commission, Office of the approved for an additional three years. be provided a maximum of five minutes Chief Information Officer, CI–1, There are no changes to the existing to present their comments at the Attention: Michael Miller, 888 First collection and increases in the reporting specified time period. Street NE., Washington, DC 20426. burden are for adjustments only. This is Minutes: Minutes of this meeting will Comments may be filed either in paper a mandatory information collection be available for public review and format or electronically. Those filing requirement and the Commission does copying at the Department of Energy’s electronically do not need to make a not consider the information to be Information Center at 475 Oak Ridge paper filing. confidential. Turnpike, Oak Ridge, TN between 8 For paper filings, such comments 4. Necessity of the Collection of a.m. and 5 p.m. Monday through Friday, should be submitted to the Office of the Information: Submission of the or by writing to Pat Halsey, Department Secretary, Federal Energy Regulatory information is necessary for the of Energy Oak Ridge Operations Office, Commission, 888 First Street, NE. Commission to carry out its P.O. Box 2001, EM–90, Oak Ridge, TN Washington, DC 20426 and should refer responsibilities in implementing the 37831, or by calling her at (865) 576– to [Docket No. IC02–11–001]. statutory provisions of sections 10(a) 4025. Documents filed electronically via the and 16 of the Natural Gas Act (NGA) 15 Internet must be prepared in U.S.C. 717–717w and the Natural Gas Issued at Washington, DC, on August 21, WordPerfect, MS Word, Portable 2002. Policy Act of 1978 (NGPA) (15 U.S.C. Document Format, or ASCII format. To 3301–3432). The NGA and the NGPA Rachel M. Samuel, file the document, access the Deputy Advisory Committee Management authorize the Commission to prescribe Commission’s website at www.ferc.gov rules and regulations requiring natural Officer. and click on ‘‘Make an E-filing,’’ and [FR Doc. 02–21740 Filed 8–26–02; 8:45 am] gas pipeline companies whose gas was then follow the instructions for each transported or stored for a fee and BILLING CODE 6450–01–P screen. First time users will have to exceeded 50 million dekatherms in each establish a user name and password. of the three previous calendar years to The Commission will send an automatic DEPARTMENT OF ENERGY submit FERC Form 11. acknowledgment to the sender’s E-mail The information collected on the Federal Energy Regulatory address upon receipt of comments. User Form 11 allows the Commission to Commission assistance for electronic filings is follow developing trends on a pipeline’s available at 202–208–0258 or by e-mail system. In particular, gas revenues and [Docket No. IC02–11–001, FERC Form 11] to [email protected]. Comments should quantities of gas by rate schedule, not be submitted to the e-mail address. Commission Information Collection transition costs from upstream pipelines All comments may be viewed, printed and reservation charges are reported to Activities; Comment Request; or downloaded remotely via the Internet Submitted for OMB Review the Commission for review. This through FERC’s homepage using the information is used to assess the August 20, 2002. FERRIS link. User assistance for FERRIS reasonableness of the various revenues AGENCY: Federal Energy Regulatory is available at 202–502–8222, or by e- and costs of service items claimed in Commission. mail to [email protected]. rate filings. The information also ACTION: Notice. FOR FURTHER INFORMATION CONTACT: provides the Commission with a view of Michael Miller may be reached by the status of pipeline activities, allows SUMMARY: In compliance with the telephone at (202)502–8415, by fax at revenue comparisons between requirements of section 3507 of the (202)208–2425, and by e-mail at pipelines, and provides financial status Paperwork Reduction Act of 1995, 44 [email protected]. of regulated pipelines. The Commission U.S.C. 3507, the Federal Energy SUPPLEMENTARY INFORMATION: implements these filing requirements in Regulatory Commission (Commission) the Code of Federal Regulations (CFR) has submitted the information Description under 18 CFR 260.3 and sections collection described below to the Office The information collection submitted 385.2011. of Management and Budget (OMB) for for OMB review contains: 5. Respondent Description: The review and reinstatement. Any 1. Collection of Information: FERC respondent universe currently interested person may file comments Form 11 ‘‘Natural Gas Monthly comprises on average 58 companies directly with OMB and should address Quarterly Statement of Monthly Data’’. subject to the Commission’s a copy of those comments to the 2. Sponsor: Federal Energy Regulatory jurisdiction. Note: In the initial notice, Commission as explained below. The Commission. the Commission indicated 55 Commission received no comments in 3. Control No.: OMB No. 1902–0032. respondents but further evaluation has

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determined the number of respondents Michael Miller, 888 First Street NE., 16 U.S.C. 797(e), 799 and 806. Section has increased to 58. Washington, DC 20426. Comments may 4(e) gives the Commission the authority 6. Estimated Burden: 696 total hours, be filed either in paper format or to issue licenses for the purpose of 58 respondents, 4 responses annually, electronically. Those persons filing constructing, operating and maintaining 3hours per response (average). electronically do not need to make a dams, water conduits, reservoirs, 7. Estimated Cost Burden to paper filing. For paper filings, such powerhouses, transmission lines or Respondents: Estimated cost burden to comments should be submitted to the other project works necessary or respondents: 696 hours / 2,080 hours Office of the Secretary, Federal Energy convenient for developing and per year x $117,041 per year = $39,164. Regulatory Commission, 888 First improving navigation, transmission and The cost per respondent is equal to $ Street, NE., Washington, DC 20426 and utilization of power over which 675. should refer to Docket No. IC02–510– Congress has jurisdiction. Section 6 Statutory Authority: Sections 10(a) and 16 001. gives the Commission the authority to of the Natural Gas Act (NGA) 15 U.S.C. 717– Documents filed electronically via the prescribe the conditions of the licenses 717w and the Natural Gas Policy Act of 1978 Internet must be prepared in (NGPA) (15 U.S.C. 3301–3432). WordPerfect, MS Word, Portable including the revocation and/or Document Format, or ASCII format. To surrender of the license. Section 13 Linwood A. Watson, Jr., defines the Commission’s authority to Deputy Secretary. file the document, access the Commission’s website at www.ferc.gov delegate time periods for when a license [FR Doc. 02–21719 Filed 8–26–02; 8:45 am] and click on ‘‘Make an E-filing,’’ and must be terminated if project BILLING CODE 6717–01–P then follow the instructions for each construction has not begun. Surrender screen. First time users will have to of a license may be desired by a licensee when a licensed project is retired or not DEPARTMENT OF ENERGY establish a user name and password. The Commission will send an automatic constructed. The information is Federal Energy Regulatory acknowledgment to the sender’s E-mail collected by FERC in the form of a Commission address upon receipt of comments. User written application for surrender of a assistance for electronic filings is hydropower license, which is then used [Docket No. IC02–510–001, FERC–510] available at 202–208–0258 or by e-mail by Commission staff to determine the Commission Information Collection to [email protected]. Comments should broad impact of such a surrender. FERC Activities; Comment Request; not be submitted to the e-mail address. carefully reviews the prepared Submitted for OMB Review All comments may be viewed, printed application, solicits public and agency or downloaded remotely via the Internet comments through the issuance of a August 20, 2002. through FERC’s homepage using the public notice, and prepares the AGENCY: Federal Energy Regulatory FERRIS link. User assistance for FERRIS Surrender of License Order. The order is Commission, DOE. is available at 202–502–8222, or by e- the result of an analysis of the ACTION: Notice. mail to [email protected]. information produced, i.e., economic, FOR FURTHER INFORMATION CONTACT: SUMMARY: In compliance with the environmental, etc. which is then Michael Miller may be reached by examined to determine if the requirements of section 3507 of the telephone at (202)502–8415, by fax at Paperwork Reduction Act of 1995, 44 application is warranted. The (202)208–2425, and by e-mail at Commission implements these filing U.S.C. 3507, the Federal Energy [email protected]. Regulatory Commission (Commission) requirements in the Code of Federal has submitted the information SUPPLEMENTARY INFORMATION: Regulations (CFR) under 18 CFR collection described below to the Office Description sections 6.1 through 6.4. of Management and Budget (OMB) for 5. Respondent Description: The review and extension of the current The information collected submitted for OMB review contains: respondent universe currently expiration date. Any interested person comprises 8 companies (on average) may file comments directly with OMB 1. Collection of Information: FERC– 510 Application for Surrender of a subject to the Commission’s and should address a copy of those jurisdiction. comments to the Commission as Hydropower License’’. 2. Sponsor: Federal Energy Regulatory explained below. The Commission 6. Estimated Burden: 80 total hours, 8 Commission. received no comments in response to an respondents, 1 response per respondent, 3. Control No.: 1902–0068. earlier Federal Register notice of May 10 hours per response (average). The Commission is now requesting 31, 2002 (67 FR 38086) and has made that OMB approve a three-year 7. Estimated Cost Burden to this notation in its submission to OMB. extension of the current expiration date, respondents: 80 hours / 2080 hours per DATES: Comments on the collection of with no changes to the existing years x $117,041 per year = $4,502. The information are due by September 22, collection. There is an adjustment only cost per respondent is equal to $563.00. 2002. to the reporting burden. These are Statutory Authority : Sections 4(e), 6 and ADDRESSES: Address comments on the mandatory information collection 13 of te Federal Power Act, 16 U.S.C. 797(e), collection of information to the Office of requirements and the Commission does 799 and 806. Management and Budget, Office of not consider the information to be Information and Regulatory Affairs, confidential. Linwood A. Watson, Jr., Attention: Federal Energy Regulatory 4. Necessity of the Collection of Deputy Secretary. Commission Desk Officer, 725 17th Information: Submission of the [FR Doc. 02–21720 Filed 8–26–02; 8:45 am] Street, NW., Washington, DC 20503. A information is necessary to enable the BILLING CODE 6717–01–P copy of the comments should also be Commission to carry out its sent to the Federal Energy Regulatory responsibilities in implementing the Commission, Office of the Chief statutory provisions of part 1, sections Information Officer, CI–1, Attention: 4(e), 6 and 13 of te Federal Power Act,

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY practice and procedure (18 CFR 385.211 and 385.214). Protests will be Federal Energy Regulatory Federal Energy Regulatory considered by the Commission in Commission Commission determining the appropriate action to be [Docket No. CP02–31–000] taken, but will not serve to make [Docket No. EC02–103–000] protestants parties to the proceeding. Iroquois Gas Transmission System; Any person wishing to become a party GWF Energy LLC and PSEG Energy Notice of Site Visit must file a motion to intervene. The Technologies, Inc.; Notice of Filing answer to the complaint and all August 20, 2002. comments, interventions or protests August 19, 2002. On August 28, 2002, the staff of the must be filed on or before September 3, Office of Energy Projects (OEP) will Take notice that on August 9, 2002, 2002. This filing is available for review conduct a visit of the Proposed Site and GWF Energy LLC and PSEG Energy at the Commission in the Public the Vail Road Alternative Site for the Technologies Inc. tendered for filing an Reference Room or may be viewed on Brookfield Compressor Station proposed the Commission’s Web site at http:// application under section 203 of the for construction by Iroquois Gas Federal Power Act for approval of an www.ferc.gov using the ‘‘FERRIS’’ link. Transmission System (Iroquois). Both Enter the docket number excluding the intra-corporate reorganization. compressor station sites are located in last three digits in the docket number Any person desiring to intervene or to the Town of Brookfield, Fairfield field to access the document. For protest this filing should file with the County, Connecticut. Representatives of Assistance, call (202)502–8222 or for Federal Energy Regulatory Commission, Iroquois will accompany the OEP staff. TTY, (202) 208–1659. The answer to the 888 First Street, NE., Washington, DC All interested parties may meet at 1 p.m. complaint, comments, protests and 20426, in accordance with Rules 211 at the proposed compressor station site interventions may be filed electronically and 214 of the Commission’s rules of located at 60 High Meadow Road in via the Internet in lieu of paper; see 18 practice and procedure (18 CFR 385.211 Brookfield. Attendees must provide CFR 385.2001(a)(1)(iii) and the and 385.214). Protests will be their own transportation. instructions on the Commission’s Web considered by the Commission in Anyone interested in additional site under the ‘‘e-Filing’’ link. The determining the appropriate action to be information on the site visit may contact Commission strongly encourages taken, but will not serve to make the Commission’s Office of External electronic filings. Affairs at 1–866–208–FERC. protestants parties to the proceeding. Linwood A. Watson, Jr., Any person wishing to become a party Linwood A. Watson, Jr., Deputy Secretary. must file a motion to intervene. All such Deputy Secretary. [FR Doc. 02–21718 Filed 8–26–02; 8:45 am] motions or protests should be filed on [FR Doc. 02–21716 Filed 8–26–02; 8:45 am] BILLING CODE 6717–01–P or before the comment date, and, to the BILLING CODE 6717–01–P extent applicable, must be served on the applicant and on any other person DEPARTMENT OF ENERGY designated on the official service list. DEPARTMENT OF ENERGY This filing is available for review at the Federal Energy Regulatory Commission or may be viewed on the Federal Energy Regulatory Commission Commission’s web site at http:// Commission Notice of Application Accepted for www.ferc.gov, using the ‘‘FERRIS’’ link. [Docket No. EL02–121–000] Filing and Soliciting Motions to Enter the docket number excluding the Intervene and Protest last three digits in the docket number Occidental Chemical Corporation, filed to access the document. For Complainant, v. PJM Interconnection, August 20, 2002. L.L.C. and Delmarva Power & Light assistance, call (202) 502–8222 or TTY, Take notice that the following (202) 208–1659. Protests and Company, Respondents; Notice of Complaint hydroelectric application has been filed interventions may be filed electronically with the Commission and is available via the Internet in lieu of paper; see 18 August 20, 2002. for public inspection. CFR 385.2001(a)(1)(iii) and the Take notice that on August 16, 2002, a. Type of Application: Original instructions on the Commission’s Web Occidental Chemical Corporation License (1.5 MW). site under the ‘‘e-Filing’’ link. The (Occidental), filed a Complaint b. Project No.: P–11485–001. Commission strongly encourages Requesting Fast Track Processing c. Date Filed: September 04, 2001. electronic filings. against PJM Interconnection, L.L.C. d. Applicant: Midwest Hydro, Inc. Comment Date: August 28, 2002. (PJM), and Delmarva Power & Light Company (Delmarva). e. Name of Project: Delhi Milldam Magalie R. Salas, Copies of the filing were served upon Hydroelectric Project. Secretary. PJM, Delmarva, and the Delaware Public f. Location: Located on the South Fork [FR Doc. 02–21717 Filed 8–26–02; 8:45 am] Service Commission. Occidental is not Maquoketa River near Delhi, in BILLING CODE 6717–01–P aware of any other parties that may be Delaware County, Iowa. There are no expected to be affected by the Federal lands located within the project complaint. boundary. Any person desiring to be heard or to g. Filed Pursuant to: Federal Power protest this filing should file with the Act 16 U.S.C. 791 (a)–825(r). Federal Energy Regulatory Commission, h. Applicant Contact: Mr. Loyal Gake, 888 First Street, NE., Washington, DC P.E., Midwest Hydro, Inc., 116 State 20426, in accordance with Rules 211 Street, P.O.Box 167, Neshkoro, WI and 214 of the Commission’s rules of 54960, (920) 293–4628.

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i. FERC Contact: John Ramer, (202) high dam, with an 86-foot-long ogee o. Procedural schedule and final 502–8969 or E-Mail type spillway and 25-foot-wide by 17- amendments: The application will be [email protected]. foot-high vertical sluice gates; (2) an processed according to the following j. Deadline for filing motions to existing 880-acre reservoir having a milestones, some of which may be intervene and protest: 60 days from the negligible storage capacity at elevation combined to expedite processing: issuance date of this notice. 892 feet mean sea level (msl); (3) a 61- Milestone Activity and Date All documents (original and eight foot-long by approximately 51-foot-wide copies) should be filed with: Magalie R. powerhouse containing two open-flume Notice Of Application Accepted For Salas, Secretary, Federal Energy Francis turbines each with a maximum Filing and Soliciting Motions To Regulatory Commission, 888 First hydraulic capacity of 276 cubic feet per Intervene And Protests, August 2002 Street, NE, Washington, DC 20426. second (cfs) and two generators each Acceptance Letter w/ Additional Comments, protests and interventions rated at 750 kilowatts (kW) for a total Information Request, August 2002 may be filed electronically via the installed capacity of 1500 kW; and (4) Issue Scoping Document, August 2002 Internet in lieu of paper; see 18 CFR appurtenant facilities, such as, Notice Application Ready For EA (REA) 385–2001(a)(1)(iii) and the instructions governors and electric switchgear. No and Soliciting Comments and on the Commission’s web site under the transmission line exists, although a Recommendations, February 2003 ‘‘e-Filing’’ link. The Commission commercial sub-station is located Notice Of Availability Of EA, April 2003 strongly encourages electronic filings. within 100 feet of the powerhouse. The Order Issuing The Commission’s The Commission’s Rules of Practice dam and existing project facilities are Decision On The Application, May and Procedure require all intervenors owned by Lake Delhi Recreation 2003 filing documents with the Commission Association, Inc. Final amendments to the application to serve a copy of that document on The Delhi Milldam Project will must be filed with the Commission no each person whose name appears on the include refurbishing each of the existing later than 45 days from the issuance official service list for the project. inoperable turbine/generator sets. New date of the notice that the application is Further, if an intervenor files comments governors, electric switchgear, and REA and soliciting comments and or documents with the Commission controls will be installed, including a recommendations. As noted in item k. relating to the merits of an issue that programmable control system which above, the application is not ready for may affect the responsibilities of a will automatically operate the project environmental analysis now, and we are particular resource agency, they must with capability of remote surveillance not issuing a REA notice now. also serve a copy of the document on and operation. No civil work is p. With this notice, we are initiating that resource agency. proposed. The project’s generating consultation with the Iowa State Pursuant to Order No. 619, 1 the capacity will be 1500 kW and will Historic Preservation Officer (SHPO), as Federal Energy Regulatory Commission generate an average of about 2.96 required by § 106, National Historic (FERC) now accepts certain ‘‘qualified million kilowatthours annually. Preservation Act, and the regulations of documents’’ via the Internet in lieu of m. A copy of the application is the Advisory Council on Historic paper filing. ‘‘Qualified documents’’ available for inspection and Preservation, 36 CFR 800.4. may be submitted electronically only by reproduction during normal business q. This notice also consists of the accessing the E-Filing link at hours (8:30 a.m. to 5 p.m. Eastern time) following standard paragraphs: www.ferc.gov. The Commission does not at the Commission’s Public Reference Protests or Motions to Intervene— accept comments or other documents Room, located at 888 First Street, NE, Anyone may submit a protest or a related to proceedings before the Room 2–A, Washington, DC 20426, or motion to intervene in accordance with Commission via e-mail. Comments by calling (202)502–8371. In addition, the requirements of Rules of Practice received via e-mail are not placed in the the application may be viewed and/or and Procedure, 18 CFR 385.210, public record. printed via the internet through FERC’s 385.211, and 385.214. In determining ‘‘Qualified documents’’ that may by Home Page (http://www.ferc.gov). From the appropriate action to take, the submitted electronically in lieu pf paper FERC’s Home Page on the internet, the Commission will consider all protests and the procedures for e-filing application and other filings and filed, but only those who file a motion ‘‘qualified documents’’ are described in issuances regarding this application are to intervene in accordance with the FERC’s User Guide for Electronic Filing available in the Federal Energy Commission’s Rules may become a of Qualified Documents, which can be Regulatory Records Information System party to the proceeding. Any protests or accessed via FERC’s website (FERRIS). To access this information in motions to intervene must be received www.ferc.gov/e-filing. For assistance FERRIS, for the Delhi Milldam on or before the specified deadline date with filing qualified documents Hydroelectric Project license for the particular application. electronically, you can contract FERC’s application, enter the application’s Filing and Service of Responsive public reference room during normal docket number (i.e., P–11485) and sub- Documents—All filings must (1) bear in business hours, 8:30 am to 5:00 pm docket number (i.e., 001) where all capital letters the title ‘‘Protest’’ or Eastern time, by phone at (202) 502– specified. User assistance is available ‘‘Motion to Intervene;’’ (2) set forth in 8371 or by e-mail at for FERRIS and FERC’s website, during the heading the name of the applicant [email protected]. normal business hours, from our Help and the project number of the k. Status of environmental analysis: line at (202) 502–8222 or the Public application to which the filing This application is not ready for Reference Room at (202) 502–8371. A responds; (3) furnish the name, address, environmental analysis at this time. copy of the application is also available and telephone number of the person l. The proposed Delhi Milldam for inspection and reproduction from protesting or intervening; and (4) Hydroelectric Project would consist of the applicant at the address in item h. otherwise comply with the requirements the following existing facilities: (1) An above. of 18 CFR 385.2001 through 385.2005. existing 702-foot-long and about 59-foot- n. Individuals desiring to be included Agencies may obtain copies of the on the Commission’s mailing list should application directly from the applicant. 1 III FERC Stats. & Regs., Regulations Preambles so indicate by writing to the Secretary A copy of any protest or motion to ¶ 31,107. of the Commission. intervene must be served upon each

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representative of the applicant specified ENVIRONMENTAL PROTECTION Subcontractors: Research Triangle in the particular application. AGENCY Institute (RTI), EC/R, Inc., Alpha- Gamma Technologies, SKT Consulting [FRL–7268–2] Linwood A. Watson, Jr., Services, Inc.. Deputy Secretary. Contractor and Subcontractor Access 5. Prime Contractor [FR Doc. 02–21722 Filed 8–26–02; 8:45 am] to Confidential Business Information BILLING CODE 6717–01–P Under the Clean Air Act Eastern Research Group, Inc. (ERG), 110 Hartwell Avenue, Lexington, MA AGENCY: Environmental Protection 02173. Contract 69D01081. DEPARTMENT OF ENERGY Agency (EPA). 6. Prime Contractor ACTION: Notice. Federal Energy Regulatory ICF, Inc., 9300 Lee Highway, Fairfax, Commission SUMMARY: The EPA has authorized VA 22031. Contract 68D01052. prime contractors and subcontractors Subcontractors: EC/R, Inc., Alpha- Notice of FERC Staff Participation at access to information that has been, or Gamma Technologies, Inc., HeiTech MISO-SPP Tariff Convergence will be, submitted to EPA under Services, Inc., Dr. Deborah Amaral, Jim Technical Conference sections 112 and 114 of the Clean Air Capel, Douglas Crawford Brown, TRJ Act (CAA). Some of the information (Ted Johnson), Dr. Bradford Lyon, Dr. August 20, 2002. may be claimed to be confidential Thomas McKone. The Federal Energy Regulatory business information (CBI) by the 7. Prime Contractor Commission hereby gives notice that on submitter. Research Triangle Institute, 3040 August 27–28, 2002, members of its staff EFFECTIVE DATES: Access to confidential Cornwallis Road, Research Triangle will attend the MISO-SPP tariff data submitted to EPA will occur no Park, NC 27709. Contract 68D01079. convergence technical conference, sooner than September 6, 2002. Subcontractors: Caldwell concerning the development of a FOR FURTHER INFORMATION CONTACT: Environmental, North State Engineering, common open access transmission tariff Roberto Morales, Document Control Inc., Razor Environmental. for the Midwest Independent Officer, Office of Air Quality Planning Transmission System Operator, Inc. and Standards (C404–02), EPA, 8. Prime Contractor (MISO) and Southwest Power Pool, Inc. Research Triangle Park, North Carolina Pacific Environmental Services (PES), (SPP). The staff’s attendance is part of 27711, (919) 541–0880. 5001 South Miami Boulevard, Research the Commission’s ongoing outreach SUPPLEMENTARY INFORMATION: The EPA Triangle Park, NC 27709. Contract efforts. The meeting is sponsored by is issuing the notice to inform all 68D01077. MISO and SPP, and will be held on submitters of information under Subcontractors: Alpha Gamma August 27–28, 2002, beginning at 9 a.m. sections 112 and 114 of the CAA that Technologies, SKT Consulting Services, on August 27, 2002 at the Renaissance EPA may provide to the contractors and Inc., Bennet King Environmental St. Louis Airport, 9801 Natural Bridge subcontractors listed below access to Consultant, Inc.. Road, St. Louis, MO 63134. This those materials on a need-to-know basis: 9. Prime Contractor technical conference is open to all 1. Prime Contractor Research Triangle Institute (RTI), interested stakeholders. This technical 3040 Cornwallis Road, Research conference may discuss matters at issue Environmental Consulting and Research, Inc. (EC/R), 2327 Englert Triangle Park, NC 27709. Contract in Docket No. RM01–12–000, 68D01073. Remedying Undue Discrimination Drive, Suite 100, Durham, NC 27713. Contract 68D01055. Subcontractor: The Kervic Company. Through Open Access Transmission The contractors and subcontractors Service and Standard Electricity Market 2. Prime Contractor will provide technical support to the Design, and in Docket No. ER02–1420– Environmental Consulting and Office of Air Quality Planning and 000, Midwest Independent Research, Inc. (EC/R), 2327 Englert Standards in source assessment or with Transmission System Operator, Inc. Drive, Suite 100, Durham, NC 27713. a source category survey and proceed For more information, contact Mark Contract 68D01071. through development of standards or Volpe, Director of Regulatory Affairs, Subcontractors: ICF, Inc., Cadmus, control techniques guidelines, risk Midwest Independent Transmission Menzie-Cura, TRJ (Ted Johnson), SBG assessments, and national air toxics System Operator at (317) 249–5423 or (Susan B. Goldhabaer). assessments. In accordance with 40 CFR 2.301(h), Michael McLaughlin, Director, Division 3. Prime Contractor of Tariffs and Rates-Central, Office of EPA has determined that the above Markets, Tariffs and Rates, Federal Environmental Consulting and listed contractors and subcontractors require access to CBI submitted to EPA Energy Regulatory Commission at (202) Research, Inc. (EC/R), 2327 Englert under sections 112 and 114 of the CAA 502–8436 or Drive, Suite 100, Durham, NC 27713. in order to perform work satisfactorily [email protected]. Contract 68D01076. Subcontractors: ICF, Inc., Eastern under the above noted contracts. The Linwood A. Watson, Jr., Research Group (ERG), Pacific contractors’ and subcontractors’ Deputy Secretary. Environmental Services (PES), MCNC, personnel will be given access to [FR Doc. 02–21721 Filed 8–26–02; 8:45 am] TRJ (Ted Johnson), SBG (Susan B. information submitted under sections Goldhabaer), Jim Capel. 112 and 114 of the CAA. The BILLING CODE 6717–01–P contractors’ personnel will be required 4. Prime Contractor to sign nondisclosure agreements and Eastern Research Group, Inc. (ERG), will be briefed on appropriate security 110 Hartwell Avenue, Lexington, MA procedures before they are permitted 02173. Contract 68D01078. access to CBI. All contractor and

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subcontractor access to CAA CBI will Water Act (CWA), EPA establishes FOR FURTHER INFORMATION CONTACT: take place at the contractors’ or national regulations, termed ‘‘effluent Patricia Harrigan at (202) 566–1666 or subcontractors’ facilities. The guidelines,’’ to reduce pollutant [email protected], or Jan contractors and subcontractors will have discharges from industrial facilities to Matuszko at (202) 566–1035 or appropriate procedures and facilities in surface waters and publicly owned [email protected]. place to safeguard the CAA CBI to treatment works (POTWs). The Agency which the contractors and published a proposed plan on June 18, SUPPLEMENTARY INFORMATION: Outline subcontractors have access. 2002 (67 FR 41417), and public of this Notice Clearance for access to CAA CBI is comments on the proposed plan are I. Regulated Entities scheduled to expire on September 30, discussed in today’s notice. In addition, II. Legal Authority 2006 under contracts 68D01055, to prepare for the Effluent Guidelines III. Effluent Guidelines Program Background 68D01071, 68D01076, 68D01078, Program Plan to be published in 2004 IV. Effluent Guidelines Program Plan for 68D01081, 68D01052, 68D01079, (for years 2004/2005), the Agency 2002/2003 68D01077, and 68D1073. invites the public to identify existing V. Future of the Effluent Guidelines Program A. A Strategy for National Clean Water Dated: August 14, 2002. effluent guidelines that EPA should consider revising and to identify any Industrial Regulations Robert Brenner, industrial categories for which effluent B. Solicitation of Stakeholder Acting Assistant Administrator for Air and guidelines should be promulgated. Recommendations Radiation. VI. Public Comments EFFECTIVE DATE: September 26, 2002. [FR Doc. 02–21751 Filed 8–26–02; 8:45 am] ADDRESSES: The public record for this BILLING CODE 6560–50–P I. Regulated Entities notice has been established under docket number W–01–12. It is available Today’s Effluent Guidelines Program Plan for 2002/2003 does not contain ENVIRONMENTAL PROTECTION for review in the EPA Water Docket, AGENCY which is located in room B135 EPA regulatory requirements. It identifies West, 1301 Constitution Avenue, N.W. industrial categories for which EPA [FRL–7268–5] The docket is open from 9 a.m. to 4 expects to develop or revise effluent p.m., Monday through Friday, excluding limitations guidelines and standards Effluent Guidelines Program Plan for legal holidays. To schedule an (‘‘effluent guidelines’’), and sets forth 2002/2003 appointment to see Docket materials, the schedules for those rulemakings. AGENCY: Environmental Protection please call (202) 566–2426. The EPA Entities that could be affected by Agency (EPA). public information regulation (40 CFR regulations developed under the ACTION: Notice of Effluent Guidelines part 2) provides that a reasonable fee schedules set forth in this Plan are Program Plan. may be charged for copying. shown in Table 1 below. One Recommendations on possible effluent commenter stated that the Aquatic SUMMARY: Today’s document announces guideline revisions or new categories Animal Production effluent guideline EPA’s Effluent Guidelines Program Plan can be made to Patricia Harrigan by e- may also affect federal- and state-run for 2002/2003, which describes the mail at [email protected], or fish hatchery facilities. EPA agrees with Agency’s ongoing effluent guidelines Jan Matuszko by e-mail at the comment and the table has been development efforts. Under the Clean [email protected]. updated to reflect this potential impact.

TABLE 1.—ENTITIES POTENTIALLY AFFECTED BY FORTHCOMING EFFLUENT GUIDELINES REGULATIONS

Category of entity Examples of potentially affected entities

Industrial, Commercial, or Metal Products and Machinery (including electroplating, metal finishing); builders and developers engaged in con- Agricultural. struction, development, and redevelopment; Feedlots (swine, poultry, dairy and beef cattle); Aquatic Animal Production (fish hatcheries and farms); and Meat Products (slaughtering, rendering, packing, processing of red meat and poultry); and Pulp and Paper (dissolving mills). Federal Government ...... Metal Products and Machinery (including electroplating, metal finishing); builders and developers engaged in con- struction, development, and redevelopment; Aquatic Animal Production. State and Tribal Government Metal Products and Machinery (including electroplating, metal finishing); builders and developers engaged in con- struction, development, and redevelopment; Aquatic Animal Production. Local Government ...... Metal Products and Machinery (including electroplating, metal finishing); builders and developers engaged in con- struction, development, and redevelopment.

II. Legal Authority technologies economically achievable. apply directly to those sources and are enforced by POTWs, which are backed Today’s document is published under See CWA sections 301(b)(2), 304(b), 306, the authority of section 304(m) of the 307(b), and 307(c). For point sources by State and Federal authorities. See CWA, 33 U.S.C. 1314(m). that introduce pollutants directly into CWA sections 307(b) and (c). the Nation’s waters (i.e., direct Section 304(m) requires EPA to III. Effluent Guidelines Program dischargers), the limitations publish a Plan every two years that Background promulgated by EPA are implemented consists of three elements. First, under The CWA directs EPA to promulgate through National Pollutant Discharge section 304(m)(1)(A), EPA is required to effluent limitations guidelines and Elimination System (NPDES) permits. establish a schedule for the annual standards for categories or subcategories See CWA sections 301(a), 301(b), and review and revision of existing effluent of industrial point sources that, for most 402. For sources that discharge to guidelines in accordance with section pollutants, reflect the level of pollutant POTWs (i.e., indirect dischargers), EPA 304(b). Section 304(b) applies to effluent control attained by the best available promulgates pretreatment standards that limitations guidelines for direct

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dischargers and requires EPA to revise On October 30, 1989, Natural The last date for EPA action under the such regulations as appropriate. Second, Resources Defense Council, Inc., and Decree, as modified, is June 2004. The under section 304(m)(1)(B), EPA must Public Citizen, Inc., filed an action Decree provides that the foregoing identify categories of sources against EPA in which they alleged, requirements shall be set forth in EPA’s discharging toxic or nonconventional among other things, that EPA had failed section 304(m) plans. See Consent pollutants for which EPA has not to comply with CWA section 304(m). Decree, pars. 3(a), 4(a), 5(a). The published effluent limitations The Plaintiffs and EPA agreed to a Consent Decree provides that section guidelines under section 304(b)(2) or settlement of that action in a Consent 304(m) plans issued under the Decree new source performance standards Decree entered on January 31, 1992. The that are consistent with its terms shall (NSPS) under section 306. Finally, Consent Decree, as modified, satisfy EPA’s obligations under section established a schedule by which EPA under section 304(m)(1)(C), EPA must 304(m) with respect to the publication will propose and take final action for of such plans. See Consent Decree, par. establish a schedule for the eleven point source categories identified 7(b). promulgation of effluent limitations by name in the Decree, see Consent guidelines under section 304(b)(2) and Decree, and for eight other point source IV. Effluent Guidelines Program Plan NSPS for the categories identified under categories identified only as new or for 2002/2003 subparagraph (B) not later than three revised rules, numbered 5 through 12. years after being identified in the See Consent Decree pars. 2(a), 4(a), and Today’s Plan describes EPA’s current section 304(m) plan. Section 304(m) 5(a). The Decree also established effluent guidelines rulemaking does not apply to pretreatment deadlines for EPA to complete studies of activities. Table 2 identifies the new or standards for indirect dischargers, eight identified and three unidentified revised effluent guidelines currently which EPA promulgates pursuant to point source categories. See Consent under development, and the schedules sections 307(b) and 307(c) of the CWA. Decree, par. 3(a). for proposal and final action.

TABLE 2.—EFFLUENT GUIDELINES CURRENTLY UNDER DEVELOPMENT

Federal register citation (date) or dead- Final action Category line for proposal date

Metal Products and Machinery ...... 66 FR 424 (Jan. 3, 2001) ...... 12/31/02 Concentrated Animal Feeding Operations (poultry, swine, beef, and dairy subcat- 66 FR 2959 (Jan. 12, 2001) ...... 12/15/02 egories). Meat and Poultry Products ...... 67 FR 8582 (Feb. 25, 2002) ...... 12/03 Construction and Development ...... 67 FR 42644 (Jun. 24, 2002) ...... 03/04 Aquatic Animal Production ...... 08/14/02 ...... 06/04 Pulp, paper, and paperboard (dissolving kraft (Subpart A) and dissolving sulfite 58 FR 44078 (Dec. 17, 1993) ...... 09/04 (Subpart D)).

In previous Effluent Guideline and analysis for all of these subparts conduct the review of national effluent Program Plans, EPA indicated its (including possible guidelines revisions) guidelines and establish priorities to intention to take final action on its 1993 following a broader priority-setting address the water quality challenges of proposal to revise effluent guidelines for process the Agency is developing for its the 21st century. eight subcategories of the pulp, paper, future effluent guidelines planning Integral to any planning process is the and paperboard industry (Subparts C evaluations. EPA received only one need to efficiently allocate scarce and F through L), referred to as Phase comment on this issue, and the resources among competing priorities. II. At this time, however, EPA is not commenter supported the Agency’s This is particularly the case for EPA, proposed decision not to revise effluent planning to revise effluent guidelines which has the responsibility to assure guidelines for these subcategories at this for these subcategories for a variety of that both public and private funds for time. reasons. It appears that more stringent regulatory compliance are spent to conventional pollutant limitations for V. Future of the Effluent Guidelines address the highest risks to human these subcategories would not pass the Program health and the environment. EPA also Best Conventional Pollutant Control believes that its process for setting Technology ‘‘cost-reasonableness’’ test, The 1992 Consent Decree will terminate in June, 2004 when EPA takes priorities must be transparent. In which is explained at 51 FR 24974 (July keeping with these goals, the draft 1986) for at least five and possibly up final action on the last effluent guideline covered in the Decree. strategy will describe how EPA will to seven of the eight subcategories, work with other interested parties to depending on which option is selected. A. A Strategy for National Clean Water assess the risks posed by industrial In addition, EPA does not see the need Industrial Regulations discharges and to identify the best at this time to promulgate national The termination of the Consent approach to address these risks (i.e., categorical best management practices Decree offers EPA, interested through effluent guidelines or other for these subcategories. EPA expects stakeholders, and the public the chance mechanisms). All of the commenters on that permitting authorities will continue to evaluate the existing program and to the proposed Effluent Guidelines to impose best management practices on consider how national industrial Program Plan that addressed this matter a case-by-case basis, as appropriate, regulations can best meet the needs of supported EPA’s goal to develop a under 40 CFR 122.44(k). the broader National Clean Water strategy for planning for the future of As with all currently regulated Program in the years ahead. EPA is the effluent guidelines program, and industries, EPA will make the decision drafting a strategy setting forth a encouraged EPA to engage a broad range to move forward with data collection planning process by which EPA will of stakeholders in the planning process.

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EPA expects that development and VI. Public Comments importer who submitted the TME to implementation of this strategy will EPA accepted public comments on EPA. This action may, however, be of require a significant Agency investment the Proposed Effluent Guidelines interest to the public in general. Since in research, planning, and outreach. Program Plan for 2002/2003 through other entities may also be interested, the EPA’s goal is to publish this draft July 18, 2002. The Agency received nine Agency has not attempted to describe all strategy later this year, and the Agency comments from a variety of commenters the specific entities that may be affected will seek to engage a broad range of including industry, metropolitan by this action. If you have any questions interested parties in a discussion on the sewerage agencies, a trade association, regarding the applicability of this action draft strategy. EPA intends to use the environmental groups, and a federal to a particular entity, consult the process described in the strategy to agency. Many of the comments received technical person listed under FOR identify additional effluent guidelines to have been discussed in the text of FURTHER INFORMATION CONTACT. address in the future. today’s notice. The administrative II. How Can I Get Additional B. Solicitation of Stakeholder record for today’s notice includes a Information, Including Copies of this Recommendations complete set of all of the comments Document or Other Related Documents? submitted, as well as the Agency’s Several commenters on the proposed 1. Electronically. You may obtain responses. plan suggested specific existing electronic copies of this document, and guidelines that the Agency consider as Dated: August 21, 2002. certain other related documents that candidates for revision, and suggested G. Tracy Mehan, III, might be available electronically, from that the Agency consider specific Assistant Administrator for Water. the EPA Internet Home Page at http:// industrial categories which may not [FR Doc. 02–21750 Filed 8–26–02; 8:45 am] www.epa.gov/. To access this have effluent guidelines as candidates BILLING CODE 6560–50–P document, on the Home Page select for guideline development. Several ‘‘Laws and Regulations,’’ ‘‘Regulations commenters proposed criteria that EPA and Proposed Rules,’’ and then look up could use in deciding whether to revise ENVIRONMENTAL PROTECTION the entry for this document under the an existing effluent guideline or to AGENCY ‘‘Federal Register—Environmental develop a new guideline, including Documents.’’ You can also go directly to [OPPT–2002–0053; FRL–7196–4] consideration of specific pollutants of the Federal Register listings at http:// concern. A few commenters also Approval of Test Marketing Exemption www.epa.gov/fedrgstr/. suggested that the Agency consider for a Certain New Chemical 2. In person. The Agency has alternate approaches to guideline established an official record for this development, such as assisting in the AGENCY: Environmental Protection action under docket control number development of local limits to control Agency (EPA). OPPT–2002–0053. The official record pollutant discharges, and shifting its ACTION: Notice. consists of the documents specifically approach to address violations of water referenced in this action, any public quality standards. EPA will consider SUMMARY: This notice announces EPA’s comments received during an applicable these suggestions as input to the first approval of an application for test comment period, and other information step in the planning process for the marketing exemption (TME) under related to this action, including any Effluent Guidelines Program Plan for section 5(h)(1) of the Toxic Substances information claimed as Confidential 2003/2004. Control Act (TSCA) and 40 CFR 720.38. Business Information (CBI). This official As recommended by the Effluent EPA has designated this application as record includes the documents that are Guidelines Task Force, the Agency TME–02–7. The test marketing physically located in the docket, as well believes that an important first step in conditions are described in the TME as the documents that are referenced in the planning process is to consult with application and in this notice. those documents. The public version of NPDES-authorized states, pretreatment DATES: Approval of this TME is effective the official record does not include any control authorities, and professional August 21, 2002. information claimed as CBI. The public associations to obtain their FOR FURTHER INFORMATION CONTACT: For version of the official record, which recommendations pertaining to revising general information contact: Barbara includes printed, paper versions of any existing effluent guidelines and Cunningham, Acting Director, electronic comments submitted during targeting industries for new guidelines. Environmental Assistance Division an applicable comment period, is These stakeholders can help to identify (7408M), Office of Pollution Prevention available for inspection in the EPA water quality concerns related to and Toxics, Environmental Protection Docket Center, Rm., B102-Reading industrial categories as well as changes Agency, 1200 Pennsylvania Ave., NW., Room, EPA West, 1301 Constitution in industries which affect the Washington, DC 20460; telephone Ave., NW., Washington, DC. The EPA administration and effectiveness of number: (202) 554–1404; e-mail address: Docket Center is open from 8:30 a.m. to existing regulations. EPA recognizes [email protected]. 4:30 p.m., Monday through Friday, that there are other stakeholders who For technical information contact: excluding legal holidays. The EPA may have concerns or data indicating Adella Watson, Chemical Control Docket Center Reading Room telephone the need for new or revised regulations. Division (7405M), Office of Pollution number is (202) 566–1744 and the Therefore, to prepare for the Effluent Prevention and Toxics, Environmental telephone number for the OPPT Docket, Guidelines Program Plan to be Protection Agency, 1200 Pennsylvania which is located in EPA Docket Center, published in 2004 (for years 2004/2005), Ave., NW., Washington, DC 20460; is (202) 566–0280. the Agency invites the public to identify telephone number: (202) 564–9364; e- and provide supporting data and/or mail address: [email protected]. III. What is the Agency’s Authority for Taking this Action? rationales on existing effluent SUPPLEMENTARY INFORMATION: guidelines that EPA should consider Section 5(h)(1) of TSCA and 40 CFR revising, or on any industrial categories I. Does this Action Apply to Me? 720.38 authorizes EPA to exempt for which the Agency should consider This action is directed in particular to persons from premanufacture developing new effluent guidelines. the chemical manufacturer and/or notification (PMN) requirements and

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permit them to manufacture or import 3. Copies of the bill of lading that Members of the public may also file new chemical substances for test accompanies each shipment of the TME written statement(s) on how Ex-Im Bank marketing purposes, if the Agency finds substance. can increase its support for renewable that the manufacture, processing, energy exports no later than September VI. What was EPA’s Risk Assessment distribution in commerce, use, and 20. Please send comments to the for this TME? disposal of the substances for test attention of Nichole Westin. If any marketing purposes will not present an EPA identified no significant health person wishes auxiliary aids (such as a unreasonable risk of injury to health or or environmental concerns for the test sign language interpreter) or other the environment. EPA may impose market substance. Therefore, the test special accommodations, please contact, restrictions on test marketing activities market activities will not present any prior to September 20, 2002, Nichole and may modify or revoke a test unreasonable risk of injury to human Westin, Room 1257, 811 Vermont marketing exemption upon receipt of health or the environment. Avenue, NW, Washington, DC 20571, new information which casts significant VII. Can EPA Change Its Decision on Voice: (202) 565–3542, Fax: (202) 565– doubt on its finding that the test this TME in the Future? 3548 or TDD (202) 565–3377. marketing activity will not present an FURTHER INFORMATION: For further unreasonable risk of injury. Yes. The Agency reserves the right to information, contact Nichole Westin, rescind approval or modify the IV. What Action is the Agency Taking? Room 1257, 811 Vermont Ave., NW., conditions and restrictions of an Washington, DC 20571, (202) 565–3542. EPA approves the above-referenced exemption should any new information TME. EPA has determined that test that comes to its attention cast Peter Saba, marketing the new chemical substance, significant doubt on its finding that the General Counsel. under the conditions set out in the TME test marketing activities will not present [FR Doc. 02–21701 Filed 8–26–02; 8:45 am] application and in this notice, will not any unreasonable risk of injury to BILLING CODE 6690–01–M present any unreasonable risk of injury human health or the environment. to health or the environment. List of Subjects FARM CREDIT ADMINISTRATION V. What Restrictions Apply to this Environmental protection, Test TME? marketing exemptions. Farm Credit Administration Board; The test market time period, Dated: August 21, 2002. Special Meeting production volume, number of Rebecca S. Cool, AGENCY: Farm Credit Administration. customers, and use must not exceed Acting Chief, New Chemicals Prenotice SUMMARY: Notice is hereby given, specifications in the application and Branch, Office of Pollution Prevention and this notice. All other conditions and Toxics. pursuant to the Government in the Sunshine Act (5 U.S.C. 552b(e)(3)), of restrictions described in the application [FR Doc. 02–21755 Filed 8–26–02; 8:45 am] and in this notice must also be met. the special meeting of the Farm Credit BILLING CODE 6560–50–S Administration Board (Board). TME–02–7 Date and Time: The special meeting Date of Receipt: June 20, 2002. of the Board was held at the offices of Notice of Receipt: July 9, 2002 (67 FR EXPORT-IMPORT BANK OF THE the Farm Credit Administration in 45504), (FRL–7187–9). UNITED STATES McLean, Virginia, on August 20, 2002, Applicant: ITW Devcon. from 2:30 p.m. until such time as the Notice of Open Special Meeting of the Chemical: (G) Isocyanate - terminated Board concluded its business. Renewable Energy Exports Advisory polyurethane prepolymer. Committee of the Export-Import Bank FOR FURTHER INFORMATION CONTACT: Use: (G) Oil resistant industrial of the United States (Ex-Im Bank) Jeanette C. Brinkley, Acting Secretary to coating. the Farm Credit Administration Board, Production Volume: CBI. SUMMARY: The Renewable Energy (703) 883–4009, TTY (703) 883–4056. Number of Customers: CBI. Exports Advisory Committee was ADDRESSES: Farm Credit Test Marketing Period: 365 days, established by the Board of Directors at Administration, 1501 Farm Credit Drive, commencing on first day of commerical Ex-Im Bank to assist the Bank in McLean, Virginia 22102–5090. meeting its objective of supporting U.S. manufacture. SUPPLEMENTARY INFORMATION: exporters in renewable energy This The following additional restrictions meeting of the Board was closed to the apply to this TME. A bill of lading industries. In addition, the goal is to seek advice from the private sector public. The matter considered at the accompanying each shipment must state meeting was: that the use of the substance is restricted about best practices when addressing to that approved in the TME. In renewable energy exports. *Closed Session TIME AND PLACE: Monday, September 30, addition, the applicant shall maintain New Business the following records until 5 years after 2002, at 9 a.m. to 2 p.m. The meeting the date they are created, and shall will be held at Ex-Im Bank in Room • Letter from Treasury Department. make them available for inspection or 1143, 811 Vermont Avenue, NW, Dated: August 23, 2002. Washington, DC 20571. copying in accordance with section 11 Jeanette C. Brinkley, AGENDA: of TSCA: Agenda items include Acting Secretary, Farm Credit Administration 1. Records of the quantity of the TME presentations from panels composed of Board. substance produced and the date of experts from Congress, the U.S. [FR Doc. 02–21951 Filed 8–23–02; 3:47 pm] Government, Renewable Energy manufacture. BILLING CODE 6705–01–P 2. Records of dates of the shipments Industry, and interested parties. to each customer and the quantities PUBLIC PARTICIPATION: The meeting will * Session closed—exempt pursuant to 5 U.S.C. supplied in each shipment. be open to public participation. 552b(c)(9)(A).

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FEDERAL ELECTION COMMISSION (BHC Act), Regulation Y (12 CFR Part FEDERAL RESERVE SYSTEM 225), and all other applicable statutes Sunshine Act Meeting Notice and regulations to become a bank Sunshine Act Meeting holding company and/or to acquire the PREVIOUSLY ANNOUNCED DATE & TIME: AGENCY HOLDING THE MEETING: Board of assets or the ownership of, control of, or Wednesday, August 28, and Thursday, Governors of the Federal Reserve the power to vote shares of a bank or August 29, 2002, 10 a.m. Public hearing System. bank holding company and all of the on Electioneering Communications: TIME AND DATE: 11 a.m., Tuesday, banks and nonbanking companies Notice of Proposed Rulemaking. The September 3, 2002. owned by the bank holding company, starting time has been changed to 9:30 PLACE: Marriner S. Eccles Federal including the companies listed below. a.m. Reserve Board Building, 20th and C PREVIOUSLY ANNOUNCED DATE & TIME: The applications listed below, as well Streets, NW., Washington, DC 20551. Thursday, August 29, 2002, open as other related filings required by the STATUS: Closed. meeting scheduled for 10 a.m. The Board, are available for immediate MATTERS TO BE CONSIDERED: starting time has been changed to 2 p.m. inspection at the Federal Reserve Bank 1. Personnel actions (appointments, PERSON TO CONTACT FOR INFORMATION: indicated. The application also will be promotions, assignments, Mr. Ron Harris, Press Officer, telephone: available for inspection at the offices of reassignments, and salary actions) (202) 694–1220. the Board of Governors. Interested involving individual Federal Reserve persons may express their views in System employees. Mary W. Dove, writing on the standards enumerated in 2. Any items carried forward from a Secretary of the Commission. the BHC Act (12 U.S.C. 1842(c)). If the previously announced meeting. [FR Doc. 02–21899 Filed 8–23–02; 2:59 pm] proposal also involves the acquisition of FOR MORE INFORMATION PLEASE CONTACT: BILLING CODE 6715–01–M a nonbanking company, the review also Michelle A. Smith, Assistant to the includes whether the acquisition of the Board; 202–452–2955. nonbanking company complies with the SUPPLEMENTARY INFORMATION: You may FEDERAL RESERVE SYSTEM standards in section 4 of the BHC Act call 202–452–3206 beginning at approximately 5 p.m. two business days Formations of, Acquisitions by, and (12 U.S.C. 1843). Unless otherwise before the meeting for a recorded Mergers of Bank Holding Companies; noted, nonbanking activities will be announcement of bank and bank Correction conducted throughout the United States. Additional information on all bank holding company applications This notice corrects a notice (FR Doc. holding companies may be obtained scheduled for the meeting; or you may 02-20680) published on page 53354 of from the National Information Center contact the Board’s Web site at http:// the issue for Thursday, August 15, 2002. website at www.ffiec.gov/nic/. www.federalreserve.gov for an electronic Under the Federal Reserve Bank of announcement that not only lists Unless otherwise noted, comments San Francisco heading, the entry for applications, but also indicates regarding each of these applications New Corporation, Oakland, California, procedural and other information about is revised to read as follows: must be received at the Reserve Bank the meeting. indicated or the offices of the Board of A. Federal Reserve Bank of San Dated: August 23, 2002. Francisco (Maria Villanueva, Consumer Governors not later than September 20, 2002. Robert deV. Frierson, Regulation Group) 101 Market Street, Deputy Secretary of the Board. San Francisco, California 94105–1579: A. Federal Reserve Bank of New [FR Doc. 02–21974 Filed 8–23–02; 1:58 am] 1. New Met Financial Corporation, York (Betsy Buttrill White, Senior Vice Oakland, California; to become a bank President) 33 Liberty Street, New York, BILLING CODE 6210–01–M holding company by acquiring 100 New York 10045–0001: percent of the voting shares of Met 1. Provident Financial Services, Inc., Financial Corporation, Oakland, DEPARTMENT OF HEALTH AND Jersey City, New Jersey; to become a California, and thereby indirectly HUMAN SERVICES bank holding company by acquiring 100 acquire Metropolitan Bank, Oakland, Meeting by Teleconference of the California. percent of the voting shares of The Provident Bank, Jersey City, New Jersey. Secretary’s Advisory Committee on Comments on this application must Regulatory Reform be received by September 9, 2002. B. Federal Reserve Bank of Board of Governors of the Federal Reserve Minneapolis (Julie Stackhouse, Vice AGENCY: Office of the Assistant System, August 21, 2002. President) 90 Hennepin Avenue, Secretary for Planning and Evaluation, Robert deV. Frierson, Minneapolis, Minnesota 55480–0291: Department of Health and Human Deputy Secretary of the Board. 1. Eagle Community Bancshares, Inc., Services. [FR Doc. 02–21724 Filed 8–26–00; 8:45 am] Brooklyn Park, Minnesota; to become a ACTION: Notice of teleconference. BILLING CODE 6210–01–S bank holding company by acquiring 100 SUMMARY: This notice announces a percent of the voting shares of Eagle teleconference meeting open to the Community Bank, Maple Grove, public to be held by the Department of FEDERAL RESERVE SYSTEM Minnesota. Health and Human Services (HHS) Formations of, Acquisitions by, and Board of Governors of the Federal Reserve Secretary’s Advisory Committee on Mergers of Bank Holding Companies System, August 21, 2002. Regulatory Reform. As governed by the Robert deV. Frierson, Federal Advisory Committee Act in The companies listed in this notice accordance with section 10(a)(2), the Deputy Secretary of the Board. have applied to the Board for approval, Secretary’s Advisory Committee on pursuant to the Bank Holding Company [FR Doc. 02–21725 Filed 8–26–02; 8:45 am] Regulatory Reform will advise and make Act of 1956 (12 U.S.C. 1841 et seq.) BILLING CODE 6210–01–S recommendations for changes that

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would be beneficial in four broad areas: Building and who requires special (FACA), section 10(d) of 5 U.S.C., health care delivery, health systems disability-related arrangements such as Appendix 2 and procurement operations, biomedical and health sign-language intepretation should regulations, 41 CFR 101–6.1023 and 48 research, and the development of provide notice of their need by Tuesday, CFR 315.604(d). The discussions at this pharmaceuticals and other products. September 3, 2002. Please make any meeting of contract proposals submitted The Committee will review and advise request to Ms. Vineeta Jain—phone: in response to the above-referenced RFP on changes identified through regional (202) 401–5182; fax: (202) 401–5159; e- are likely to reveal proprietary public hearings, written comments from mail: [email protected]. information and personal information the public, and consultation with HHS On June 8, 2001, HHS Secretary concerning individuals associated with staff. Thompson announced a Department- the proposals. Such information is All meetings and hearings of the wide initiative to reduce regulatory exempt from disclosure under the Committee are open to the general burdens in health care, to improve above-cited FACA provision that public. The teleconference agenda will patient care, and to respond to the protects the free exchange of candid allow some time for public comment. concerns of health care providers and views, and under the procurement rules Additional information on the agenda industry, State and local Governments, that prevent undue interference with and meeting materials will be posted on and individual Americans who are Committee and Department operations. affected by HHS rules. Common sense the Committee’s Web site prior to the Name of TRC: The Agency for Healthcare telemeeting (http:// approaches and careful balancing of Research and Quality—‘‘Developing Tools to www.regreform.hhs.gov). needs can help improve patient care. As Enhance Quality and Patient Safety Through part of this initiative, the Department Medical Informatics’’. DATES: The teleconference will be held established the Secretary’s Advisory Date: August 30, 2002. on Monday, September 9, 2002, from Committee on Regulatory Reform to Place: Agency for Healthcare Research and 12:00 pm to 3:00 pm Eastern Daylight provide findings and recommendations Quality, 6010 Executive Blvd, 4th Floor Time. regarding potential regulatory changes. Conference Center, Rockville, Maryland Telephone Number: Members of the These changes would enable HHS 20852. public who wish to attend via telephone Contract Person: Anyone wishing to obtain programs to reduce burdens and costs should dial (877) 381–6315 and provide information regarding this meeting should associated with departmental conference ID 5382888. TTY for the contact Eduardo Ortiz, Center for Primary regulations and paperwork, while at the hearing impaired can be accessed by Care Research, Agency for Healthcare same time maintaining or enhancing the dialing 711. Attendance on the call may Research and Quality, 6010 Executive Blvd, effectiveness, efficiency, impact, and Suite 201, Rockville, Maryland, 20852, 301– be limited by the number of telephone access of HHS programs. 594–6236. This notice is being published less lines available. To ensure that we can than 15 days prior to the meeting due to the Dated: August 21, 2002. accommodate members of the public, timing limitations imposed by the review and individuals are encouraged, but not Margaret P. Sparr, funding cycle. Executive Coordinator, Secretary’s Advisory required, to notify HHS staff in advance Dated: August 16, 2002. of the meeting if they are planning to Committee on Regulatory Reform. Carolyn M. Clancy, attend via telephone by sending an e- [FR Doc. 02–21726 Filed 8–26–02; 8:45 am] Acting Director. mail to [email protected] or fax to BILLING CODE 4151–05–P (202) 401–5159 with the following [FR Doc. 02–21742 Filed 8–26–02; 8:45 am] information: Name, organization, phone BILLING CODE 4160–40–M number, fax number, and e-mail DEPARTMENT OF HEALTH AND address. Individuals who wish to HUMAN SERVICES provide public comment during the DEPARTMENT OF HEALTH AND Agency for Healthcare Research and teleconference will be provided HUMAN SERVICES Quality instructions when they call. Centers for Disease Control and ADDRESSES: Members of the public are Contract Review Meeting Prevention also invited to the following location to attend the teleconference: Room 800, In accordance with section 10(a) of [Program Announcement 02032] Hubert H. Humphrey Building, 200 the Federal Advisory Committee Act as Independence Avenue, SW., amended (5 U.S.C., Appendix 2), Cooperative Agreement to the Medical Washington, DC 20201. To comply with announcement is made of an Agency for Research Council of South Africa security requirements, individuals who Healthcare Research and Quality (MRC) for Tuberculosis Control do not possess a valid Federal (AHRQ) Technical Review Committee Activities; Notice of Award of Funds (TRC) meeting. This TRC’s charge is to identification must present a picture A. Purpose identification, e.g., driver’s license or review contract proposals and provide passport upon entry to the Humphrey recommendations to the Acting The Centers for Disease Control and Building. Director, AHRQ, with respect to the Prevention (CDC) announces the award technical merit of proposals submitted of fiscal year (FY) 2002 funds for a sole FOR FURTHER INFORMATION CONTACT: in response to a Request for Proposals source cooperative agreement for the Margaret P. Sparr, Executive (RFP) regarding ‘‘Developing Tools to Medical Research Council of South Coordinator, Secretary’s Advisory Enhance Quality and Patient Safety Africa (MRC). Committee on Regulatory Reform, Office Through Medical Informatics’’, issued The purpose of this program is to help of the Assistant Secretary for Planning on June 27, 2002. The contract will support and ensure implementation of and Evaluation, 200 Independence constitute AHRQ’s participation in the tuberculosis (TB) control activities that Avenue, SW., Room 344G, Washington, Small Business Innovation Research are designed to develop, establish, and DC 20201, (202) 401–5182. program. coordinate systems and procedures to SUPPLEMENTARY INFORMATION: Anyone The upcoming TRC meeting will be address the obstacles to achieving planning to attend the teleconference by closed to the public in accordance with control of TB and multi-drug coming to the Hubert H. Humphrey the Federal Advisory Committee Act tuberculosis (MDR–TB) in South Africa.

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These collaborative activities can budget period within a project period of regulations, display is to be ‘‘provided profoundly change the focus and up to five years. in a manner that is reasonably activities of the South African National calculated to inform the public.’’ To D. Where To Obtain Additional TB Control Program and improve TB meet this requirement an agency may Information treatment and control programs and display such information in the Federal related prevention efforts in South If you have questions after reviewing Register by publishing such information Africa. the contents of all the documents, in the preamble or the regulatory text, business management technical or in a technical amendment to the B. Eligible Applicants assistance may be obtained from: regulation, or in a separate notice Assistance will be provided only to Angelia D. Hill, Grants Management announcing OMB approval of the the Medical Research Council (MRC) of Specialist, Grants Management Branch, collection of information. South Africa. No other applications will Procurement and Grants Office, Centers To comply with this requirement, be solicited. MRC will support and for Disease Control and Prevention, CMS has chosen to publish this notice ensure implementation of tuberculosis 2920 Brandywine Road, MS E–09, announcing OMB approval of the (TB) control activities that are designed Atlanta, GA 30341–4146, Telephone: collections of information published in to develop, establish, and coordinate (770) 488–2785, FAX: (770) 488–2688, regulations. As stated above, this notice systems and procedures to address the E-mail: [email protected]. announces and displays the assigned obstacles to achieving control of Michael Qualls, Deputy Associate OMB control numbers for CMS’s tuberculosis and multi-drug Director, International Activities, information collections that have been tuberculosis (MDR–TB) in South Africa. Division of Tuberculosis Elimination, approved by OMB. MRC is the most appropriate and National Center for HIV, STD, and TB OMB Control qualified agency to conduct the Prevention Centers for Disease Control 42 CFR activities under this cooperative and Prevention (CDC), 1600 Clifton Nos. Road Mailstop E–10, Atlanta, GA 30333, agreement because: 405.262 ...... 0938–0267 1. The MRC is uniquely positioned, in Telephone 404–639–8488, Email 405.371 ...... 0938–0600 terms of legal authority, ability, track address: [email protected]. 405.376 ...... 0938–0270 record, and credibility in South Africa Dated: August 20, 2002. 405.378 ...... 0938–0600 to develop and support TB control Sandra R. Manning, CGFM, 405.410 ...... 0938–0730 405.430, .435, .440, .445, 0938–0730 activities in both public and non- Director, Procurement and Grants Office, governmental organization sites .455. Centers for Disease Control & Prevention. 405.711 ...... 0938–0045 throughout the country. [FR Doc. 02–21731 Filed 8–26–02; 8:45 am] 405.807 ...... 0938–0033 2. The MRC has already established BILLING CODE 4163–18–P 405.821 ...... 0938–0034 mechanisms to develop and implement 405.2100–.2171 ...... 0938–0386 TB treatment services in South Africa, 405.2110, 405.2112 ...... 0938–0657 & enabling it to immediately become DEPARTMENT OF HEALTH AND 0658 engaged in the activities listed in this HUMAN SERVICES 405.2133 ...... 0938–0046 announcement. 405.2135–.2171 ...... 0938–0360 405.2470 ...... 0938–0155 3. The purpose of the announcement Centers for Medicare and Medicaid Services 406.7 ...... 0938–0251 is to build upon the existing framework 406.13 ...... 0938–0080 of TB control activities that the MRC has Announcement of Office of 406.15 ...... 0938–0501 developed or initiated. 406.28 ...... 0938–0025 & 4. The MRC has been mandated by the Management and Budget (OMB) 0787 South African government to coordinate Control Numbers for Agency 407.10, 407.11 ...... 0938–0245 and implement TB treatment and Information Collections Approved 407.18 ...... 0938–0679 control activities including MDR–TB Under the Paperwork Reduction Act of 407.27 ...... 0938–0025 & 1995 0787 within the country. 407.40 ...... 0938–0035 5. MRC has a unique and unparalleled AGENCY: Centers for Medicare and 408.6 ...... 0938–0041 involvement with the Ministry of Medicaid Services, HHS. 409.40–.50 ...... 0938–0357 Health’s National Tuberculosis Control This notice announces and displays 410.1 ...... 0938–0679 Program (NTP) and the South African OMB control numbers for Centers for 410.2 ...... 0938–0770 National Tuberculosis Association Medicare and Medicaid Services (CMS) 410.32 ...... 0938–0685 (SANTA) based on a history of information collections that have been 410.33 ...... 0938–0721 collaboration. approved by OMB. 410.36 ...... 0938–0357 410.38 ...... 0938–0534 6. MRC coordinates the research and Under OMB’s regulations 410.40 ...... 0938–0042 development activities for the Global implementing the Paperwork Reduction 410.61 ...... 0938–0730 Alliance for TB Drug Development in Act (PRA), 44 U.S.C. 3501, each agency 410.71 ...... 0938–0685 the search for a better, more effective that proposes to collect information 410.141–.145 ...... 0938–0818 and affordable cure for TB that is must submit its proposal for OMB 410.170 ...... 0938–0357 shorter, equally effective against review and approval in accordance with 411.1 ...... 0938–0846 susceptible and drug-resistant TB, 5 CFR part 1320. Once OMB has 411.4–.15 ...... 0938–0357 accessible to the populations that need approved an agency’s proposed 411.20–411.206 ...... 0938–0565 it most, and be on the market in less collection of information and issues a 411.25 ...... 0938–0214 411.350–.357 ...... 0938–0846 than 10 years. control number, the agency must 411.370–411.389 ...... 0938–0714 display the control number. C. Funds 411.404–.406 ...... 0938–0465, OMB regulations provide for 0781 & Approximately $307,000 is being alternative methods of displaying OMB 0692 awarded in FY 2002. The award will be control numbers. In the case of 411.408 ...... 0938–0566 made by July 1, 2002, for a 12-month collections of information published in 412 ...... 0938–0842

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OMB Control OMB Control OMB Control 42 CFR Nos. 42 CFR Nos. 42 CFR Nos.

412.20–.32 ...... 0938–0358 422.370–422.378 ...... 0938–0722 457.50, .60, .70, .340, .350, 0938–0841 412.40–.52 ...... 0938–0359 422.568 ...... 0938–0829 .431, .440, .525, .560, .570, 412.42 ...... 0938–0692 422.620 ...... 0938–0692 .740, .750, .810, .940, .945, 412.44, 412.46 ...... 0938–0445 424.5 ...... 0938–0534 & .965, .985, .1005, .1015, 412.92 ...... 0938–0477 0279 .1180. 412.105 ...... 0938–0456 424.20 ...... 0938–0454 460.12, .22, .30, .32, .52, .60, 0938–0790 412.106 ...... 0938–0691 424.22 ...... 0938–0357, .68, .70, .72, .74, .80, .82, 412.116 ...... 0938–0269 0489 & .98, .100, .102, .104, .106, 412.256 ...... 0938–0573 0846 .110, .112, .116, .118, .120, 413 ...... 0938–0842 424.24 ...... 0938–0730 .122, .124, .132, .152, .154, 413.17 ...... 0938–0202 & .156, .160, .164, .168, .172, 424.32 ...... 0938–0008 & 0685 .190, .196, .200, .202, .204, 0739 413.20 ...... 0938–0202, .206, .208, .210. 0236 & 424.44 ...... 0938–0008 466.71, 466.73, 466.74, 0938–0445 0600 424.57 ...... 0938–0717, 466.78. 413.20, 413.24 ...... 0938–0022, 0749, & 466.78...... 0938–0692 0037, 0685 473.18, 473.34, 473.36, 0938–0443 0050, 424.73, 424.80 ...... 0938–0685 473.42. 0102, 424.103 ...... 0938–0023 476.104, 476.105, 476.116, 0938–0426 0107, 424.123 ...... 0938–0484 476.134. 0236, 424.124 ...... 0938–0042 482.1–.66 ...... 0938–0380 0301, 426.102–426.104 ...... 0938–0526 482.2–.57 ...... 0938–0382 0463, 0511 430.10 ...... 0938–0673 482.12, 482.22 ...... 0938–0328 & 0758 430.10–.20 ...... 0938–0193 482.27 ...... 0938–0328 413.64 ...... 0938–0269 430.12 ...... 0938–0610 482.41 ...... 0938–0242 413.106 ...... 0938–0022 430.20 ...... 0938–0610 482.30, 482.41, 482.43, 0938–0328 413.170 ...... 0938–0296 430.30 ...... 0938–0101 482.53, 482.56, 482.57. 413.337 ...... 0938–0739 & 482.45 ...... 0938–0810 431.1–431.865 ...... 0938–0062 0872 482.60–.62 ...... 0938–0378 & 431.17 ...... 0938–0467 413.343 ...... 0938–0739 0328 414.40 ...... 0938–0008 431.107 ...... 0938–0610 482.66 ...... 0938–0328 & 414.63 ...... 0938–0818 431.306 ...... 0938–0467 0624 414.330 ...... 0938–0372 431.630 ...... 0938–0445 483.10 ...... 0938–0610 415.50, .55, .60, .70 ...... 0938–0301 431.636 ...... 0938–0841 483.20 ...... 0938–0739 & 415.110 ...... 0938–0730 431.800 ...... 0938–0300 0872 415.150, .152, .160, .162 ...... 0938–0301 431.800–431.820 ...... 0938–0144 483.270 ...... 0938–0242 416.1–.150 ...... 0938–0266 431.800–431.865 ...... 0938–0146, 483.350–.376 ...... 0938–0833 416.44 ...... 0938–0242 0147, & 483.400–.480 ...... 0938–0062 417.126 ...... 0938–0469 & 0246 483.470 ...... 0938–0242 0732 433.68, 433.74 ...... 0938–0618 484.1–.52 ...... 0938–0365 417.143 ...... 0938–0470 433.138 ...... 0938–0502 484.10 ...... 0938–0610 & 417.162 ...... 0938–0469 434.28 ...... 0938–0610 0781 417.408 ...... 0938–0470 434.44, 434.67, 434.70 ...... 0938–0700 484.10–.52 ...... 0938–0355 417.436 ...... 0938–0610 484.11 ...... 0938–0761 435.1–435.1011 ...... 0938–0062 417.440 ...... 0938–0692 484.12 ...... 0938–0685 417.470 ...... 0938–0732 435.910, 435.920, 435.940– 0938–0467 484.18 ...... 0938–0357 417.478 ...... 0938–0469 .960. 484.20 ...... 0938–0761 417.479, 417.500 ...... 0938–0700 438.364 ...... 0938–0786 484.55 ...... 0938–0760 417.801 ...... 0938–0610 440.1–.270 ...... 0938–0062 484.220 ...... 0938–0760 417.800–.840 ...... 0938–0768 440.30 ...... 0938–0685 485.56, 485.58, 485.60, 0938–0267 418.1–418.405 ...... 0938–0313 & 440.167 ...... 0938–0193 485.64, 485.66. 0379 440.180 ...... 0938–0272, & 485.701–.729 ...... 0938–0065 & 418.22, 418.24, 418.28, 0938–0302 0449 0273 418.56, 418.58, 418.70, 441.16 ...... 0938–0713 486.100–.110 ...... 0938–0027 418.83, 418.96, 418.100. 441.60 ...... 0938–0354 486.104, 486.106, 486.110 .... 0938–0338 418.100 ...... 0938–0242 441.152 ...... 0938–0754 486.301–.325 ...... 0938–0512 & 419 ...... 0938–0857 & 441.300–441.305 ...... 0938–0272 0688 0860 441.300–441.310 ...... 0938–0449 488.4–488.9 ...... 0938–0690 419.43 ...... 0938–0802 442.1–.119 ...... 0938–0062 488.18 ...... 0938–0391 & 420.200–.206 ...... 0938–0086 0667 447.31 ...... 0938–0287 421.100 ...... 0938–0357 488.26 ...... 0938–0391 447.53 ...... 0938–0429 421.310, 421.312 ...... 0938–0723 488.28 ...... 0938–0391 422.1–.10, 422.50–.80, 0938–0763 447.254 ...... 0938–0784 488.60 ...... 0938–0360 422.100–.132, 422.300– 447.272 ...... 0938–0618 & 488.201 ...... 0938–0690 .312, 422.400–.404, 0855 489 ...... 0938–0832 422.560–.622. 447.280 ...... 0938–0624 489.2 ...... 0938–0214 422.1–422.700 ...... 0938–0753 447.321 ...... 0938–0855 489.20 ...... 0938–0214, 422.64, 422.111, 422.560– 0938–0778 447.500–.542 ...... 0938–0676 0667 & 422.622. 447.550 ...... 0938–0676 0692 422.152 ...... 0938–0701 & 455.100–.106 ...... 0938–0086 489.21 ...... 0938–0357 0840 456.654 ...... 0938–0445 489.24 ...... 0938–0667 422.208, 422.210 ...... 0938–0700 456.700, 456.705, 456.709, 0938–0659 489.27 ...... 0938–0692 422.300–422.312 ...... 0938–0742 456.711, 456.712. 489.32, 489.34 ...... 0938–0692

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OMB Control Resources Management (HFA–250), 2129, Rockville, MD 20857. 42 CFR Nos. Food and Drug Administration, 5600 Applications may also be obtained from Fishers Lane, Rockville, MD 20857, the OPD on the Internet at http:// 489.66, 489.67 ...... 0938–0713 301–827–1482. www.fda.gov/orphan or at http:// 489.102 ...... 0938–0610 grants.nih.gov/grants/funding/phs398/ 491.1–.11 ...... 0938–0074 SUPPLEMENTARY INFORMATION: In the 491.3, 491.8 ...... 0938–0792 Federal Register of May 16, 2002 (67 FR phs398.html. Note: Do not send 491.9 ...... 0938–0334 34939), the agency announced that the applications to the Center for Scientific 491.11 ...... 0938–0792 proposed information collection had Research (CSR), National Institutes of 493.1–.2001 ...... 0938–0151, been submitted to OMB for review and Health (NIH). 0544, clearance under 44 U.S.C. 3507. An FOR FURTHER INFORMATION CONTACT: 0581, agency may not conduct or sponsor, and Regarding the administrative and 0599, a person is not required to respond to, financial management issues of this 0612, 0650 a collection of information unless it notice: Maura Stephanos (see & 0653 493.551–.557 ...... 0938–0686 displays a currently valid OMB control ADDRESSES). 493.1269–.1285 ...... 0938–0170 number. OMB has now approved the Regarding the programmatic issues of 493.1840 ...... 0938–0655 information collection and has assigned this notice: Debra Y. Lewis, Office 498.40–.95...... 0938–0486 & OMB control number 0910–0139. This of Orphan Products Development 0567 approval expires on August 31, 2005. A (HF–35), Food and Drug 1003.100, 1003.101, 0938–0700 copy of the supporting statement for this Administration, 5600 Fishers Lane, 1003.103. information collection is available on rm. 15A–08, Rockville, MD 20857, 1004.40, 1004.50, 1004.60, 0938–0444 the Internet at http://www.fda.gov/ 301–827–3666, FAX 301–827–0017, 1004.70. ohrms/dockets. e-mail: [email protected]. SUPPLEMENTARY INFORMATION: Dated: August 21, 2002. All OMB. Control studies of new drug and biological 45 CFR Margaret M. Dotzel, Nos products must be conducted under the Associate Commissioner for Policy. FDA’s investigational new drug (IND) 5b ...... 0938–0734 [FR Doc. 02–21735 Filed 8–26–02; 8:45 am] 146 ...... 0938–0702 procedures and studies of medical 146.121 ...... 0938–0819 BILLING CODE 4160–01–S devices must be conducted under the 146.141 ...... 0938–0827 investigational device exemption (IDE) 148 ...... 0938–0703 & procedures. Studies of approved 0797 DEPARTMENT OF HEALTH AND products to evaluate new orphan 162 ...... 0938–0866 HUMAN SERVICES indications are acceptable; however, Food and Drug Administration these must also be conducted under an Dated: August 20, 2002. IND or IDE to support a change in John P. Burke, III, Clinical Studies of Safety and labeling. The study protocol proposed Paperwork Reduction Act Team Leader, CMS Effectiveness of Orphan Products; in the grant application must be under Reports Clearance Officer, Office of Strategic Availability of Grants; Request for an active IND or IDE (not on clinical Operations and Strategic Affairs, Division of Applications (Catalog of Federal hold) to qualify the application for Regulations Development and Issuances. Domestic Assistance No. 93.103) scientific and technical review. (See [FR Doc. 02–21711 Filed 8–26–02; 8:45 am] Program Review Criteria for important AGENCY: Food and Drug Administration, BILLING CODE 4120–03–P information about the IND/IDE status of HHS. products to be studied under these ACTION: Notice. grants.) DEPARTMENT OF HEALTH AND Except for medical foods that do not HUMAN SERVICES SUMMARY: The Food and Drug need premarket approval, FDA will only Administration (FDA) is announcing consider awarding grants to support Food and Drug Administration changes to its Office of Orphan Products premarket clinical studies to find out Development (OPD) grant program for [Docket No. 02N–0007] whether the products are safe and fiscal year (FY) 2003. This effective for approval under section 301 announcement supercedes the previous Agency Information Collection of the Federal Food, Drug, and Cosmetic announcement of this program, which Activities; Announcement of OMB Act (the act) (21 U.S.C. 331 et seq.) or was published in the Federal Register Approval; CGMP Regulations for under section 351 of the Public Health on August 27, 2001. Finished Pharmaceuticals Service Act (the PHS Act) (42 U.S.C. DATES: The application receipt dates are 262). AGENCY: Food and Drug Administration, October 16, 2002, and April 2, 2003. FDA will support the clinical studies HHS. ADDRESSES: Application requests and covered by this notice under the ACTION: Notice. completed applications should be authority of section 301 of the PHS Act. submitted to Maura Stephanos, Grants FDA’s research program is described in SUMMARY: The Food and Drug Management Specialist, Grants the Catalog of Federal Domestic Administration (FDA) is announcing Management Staff, Division of Contracts Assistance, No. 93.103. The Public that a collection of information entitled and Procurement Management (HFA– Health Service (PHS) strongly ‘‘CGMP Regulations for Finished 520), Food and Drug Administration, encourages all grant recipients to Pharmaceuticals’’ has been approved by 5600 Fishers Lane, Rockville, MD provide a smoke-free workplace and to the Office of Management and Budget 20857, 301–827–7183, FAX 301–827– discourage the use of all tobacco (OMB) under the Paperwork Reduction 7101, e-mail: [email protected]. products. This is consistent with the Act of 1995. Applications that are hand-carried or PHS mission to protect and advance the FOR FURTHER INFORMATION CONTACT: commercially delivered should be physical and mental health of the Karen L. Nelson, Office of Information addressed to 5630 Fishers Lane, rm. American people.

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PHS’s policy is that applicants for requirements of the act and regulations III. Human Subject Protection and PHS clinical research grants should issued under it. Informed Consent include minorities and women in study A. Protection of Human Research populations so research findings can be II. Award Amounts Subjects of benefit to all people at risk of the FDA is announcing the expected disease, disorder, or condition under All institutions engaged in human availability of FY 2003 funds for subject research supported by the study. Special emphasis should be awarding grants to support clinical placed on the need for inclusion of Department of Health and Human studies on the safety and effectiveness minorities and women in studies of Services (DHHS) must file an of products (drugs, biologics, and diseases, disorders, and conditions that ‘‘assurance’’ of protection for human devices) for rare diseases or conditions disproportionately affect them. This subjects with the Office for Human policy applies to research subjects of all (that is, with a prevalence, not Research Protection (OHRP) (45 CFR ages. If women or minorities are incidence, of fewer than 200,000 people part 46). Applicants are advised to visit excluded or poorly represented in in the United States). the OHRP Internet site at http:// clinical research, the applicant should Of the estimated FY 2003 funding ohrp.osophs.dhhs.gov/ for guidance on provide a clear and compelling rationale ($13.3 million), approximately $9.3 human subjects issues. The requirement that shows inclusion is inappropriate. million will fund noncompeting to file an assurance includes both FDA is committed to achieving the continuation awards, and approximately ‘‘awardee’’ and collaborating ‘‘performance site’’ institutions. health promotion and disease $4 million will fund 12 to 15 new Awardee institutions are automatically prevention objectives of ‘‘Healthy awards. In the first part of the funding considered to be engaged in human People 2010,’’ a national effort designed cycle, approximately $1 million will be subject research whenever they receive to reduce morbidity and mortality and awarded to successful applications a direct DHHS award to support such to improve quality of life. Applicants received by the October 16, 2002, due research, even where all activities may obtain a paper copy of the ‘‘Healthy date (with the award starting after involving human subjects are carried People 2010’’ objectives, vols. I and II, March 1, 2003). All applications out by a subcontractor or collaborator. for $70 ($87.50 foreign) S/N 017–000– recommended for approval that are not In such cases, the awardee institution 00550–9, by writing to the funded in the first part of the cycle will bears the ultimate responsibility for Superintendent of Documents, P.O. Box remain in competition for the second protecting human subjects under the 371954, Pittsburgh, PA 15250–7954. part of the funding cycle with award. The awardee institution is also Telephone orders can be placed to 202– applications received by the April 2, responsible for ensuring that all 512–2250. The document is also 2003, due date. The expected start date collaborating performance site available in CD–ROM format, S/N 017– institutions engaged in the research 001–00549–5 for $19 ($23.50 foreign) as for these awards will be September 30, hold an approved assurance prior to well as on the Internet at http:// 2003. Applications submitted for the their initiation of the research. No health.gov/healthypeople/. Internet first due date may be withdrawn and awardee or performance site institution viewers should proceed to resubmitted for the second due date. may spend funds on human subject ‘‘Publications.’’ Any phase (1, 2, or 3) clinical trial is research or enroll subjects without the eligible for up to $150,000 in direct I. Program Research Goals approved and applicable assurance(s) costs a year, plus applicable indirect on file with OHRP. OPD was created to identify and costs, for up to 3 years. Phase 2 and 3 Applicants must also provide promote the development of orphan clinical trials are also eligible for up to certification of Institutional Review products. Orphan products are drugs, $300,000 in direct costs a year, plus Board (IRB) review and approval for biologics, medical devices, and foods for applicable indirect costs, for up to 3 every site taking part in the study. This medical purposes that are indicated for years. Study proposals for the smaller documentation need not be on file with a rare disease or condition (that is, one grants ($150,000) may be for phase 1, 2, the FDA Grants Management Office with a prevalence, not incidence, of or 3 clinical trials. Study proposals for prior to the award, but must be on file fewer than 200,000 people in the United the larger grants ($300,000) must be before research can begin at a site. States). Diagnostic tests and vaccines continuing in phase 2 or phase 3 of Applicants should review the section will qualify only if the U.S. population investigation. Phase 2 trials include on human subjects in the application of intended use is fewer than 200,000 controlled clinical studies conducted to instructions entitled ‘‘I. Preparing Your people a year. evaluate the effectiveness of the product Application, Section C. Specific The goal of FDA’s OPD grant program for a particular indication in patients Instructions, Item 4, Human Subjects’’ is the clinical development of products with the disease or condition and to for further information. for use in rare diseases or conditions where no current therapy exists or determine the common or short-term B. Key Personnel Human Subject where the product will improve the side effects and risks associated with it. Protection Education existing therapy. FDA provides grants Phase 3 trials gather more information The awardee institution should for clinical studies that will either result about effectiveness and safety that is ensure that all key personnel receive in or substantially contribute to market necessary to evaluate the overall risk- appropriate training in their human approval of these products. Applicants benefit ratio of the product and to subject protection responsibilities. Key should keep this goal in mind and must provide an acceptable basis for product personnel include all principal include an explanation in the labeling. Budgets for all years of investigators, co-investigators, and application’s ‘‘Background and requested support may not exceed the performance site investigators Significance’’ section of how their $150,000 or $300,000 direct cost limit, responsible for the design and conduct proposed study will either help gain whichever is applicable. of the study. Within 30 days of award, product approval or provide essential the principal investigator should data needed for product development. provide a letter which includes the All funded studies are subject to the names of the key personnel, the title of

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the human subjects protection comply with all regulatory requirements described in section 501(c)4 of the education program completed by each necessary to keep active status of their Internal Revenue Code of 1968 that named personnel, and a one-sentence IND/IDE. Failure to meet regulatory lobby are not eligible to receive grant description of the program. This letter requirements will be grounds for awards. should be signed by the principal suspension or termination of the grant. C. Length of Support investigator and co-signed by an The program project officer will institution official and sent to the Grants monitor grantees quarterly and will The length of support will depend on Management Office. Neither DHHS, prepare written reports. The monitoring the nature of the study. For those FDA, or OPD prescribe or endorse any may be in the form of telephone studies with an expected duration of specific education programs. Many conversations or e-mail between the more than 1 year, a second or third year institutions have already developed project officer/grants management of noncompetitive continuation of educational programs on the protection specialist and the principal investigator. support will depend on: (1) Performance of research subjects and have made Periodic site visits with officials of the during the preceding year, (2) Federal participation in such programs a grantee organization may also occur. funds availability, and (3) compliance requirement for their investigators. The results of these reports will be with regulatory requirements of the Other sources of appropriate instruction recorded in the official grant file and IND/IDE. might include the online tutorials may be available to the grantee on D. Funding Plan offered by the Office of Human Subjects request consistent with FDA disclosure Research, NIH at http://ohsr.od.nih.gov/ regulations. Also, the grantee The number of studies funded will and by OHRP at http:// organization must comply with all depend on the quality of the ohrp.osophs.dhhs.gov/educmat.htm. special terms and conditions, which applications received and the Also, the University of Rochester has state that future funding of the study availability of Federal funds to support made available its training program for will depend on recommendations from the projects. Resources for this program individual investigators. Their manual the OPD project officer. The scope of the are limited. Therefore, if two can be obtained through Centerwatch, recommendations will confirm that: (1) applications propose duplicative or Inc., at http://www.centerwatch.com. There has been acceptable progress similar studies, FDA may support only C. Informed Consent toward enrollment, based on specific the study with the better score. Funds circumstances of the study; (2) there is may be requested in the budget to travel Consent forms, assent forms, and any an adequate supply of the product/ to FDA for meetings with OPD or other information given to a subject, device; and (3) there is continued reviewing division staff about the should be sent with the grant compliance with all FDA regulatory progress of product development. application (even if such a form is in a requirements for the trial. Before an award will be made, the draft version). Information given to the The grantee must file a final program OPD will confirm the active status of the subject or his or her representative must progress report, FSR and invention protocol under the IND/IDE. If the be in language the subject or statement within 90 days after the end protocol is under FDA clinical hold for representative can understand. No date of the project period as noted on any reason, no award will be made. informed consent, whether verbal or the notice of grant award. Also, if the IND/IDE for the proposed written, may include any language study is not active and in regulatory through which the subject or V. Mechanism of Support compliance, no award will be made. representative waives any of the A. Award Instrument Documentation of IRB approvals for all subject’s legal rights, or by which the performance sites must be on file with Support will be in the form of a grant. subject or representative releases or the FDA Grants Management Office All awards will be subject to all policies appears to release the investigator, the before research can begin at that site. and requirements that govern the sponsor, or the institution or its agent This grant program does not require the research grant programs of the PHS, from liability. If a study involves both applicant to match or share in the including the provisions of 42 CFR part adults and children, separate consent project costs if an award is made. forms should be provided for the adults 52 and 45 CFR parts 74 and 92. The and the parents or guardians of the regulations issued under Executive VI. Review Procedures and Criteria Order 12372 do not apply to this children. The applicant is referred to A. Review Procedures DHHS regulations at 45 CFR 46.116 and program. The NIH modular grant 21 CFR 50.25 for details regarding the program does not apply to this FDA FDA’s grants management and (required) elements of informed grant program. All grant awards are program staff will review all consent. subject to applicable requirements for applications sent in response to this clinical investigations imposed by notice. To be responsive, an application IV. Reporting Requirements sections 505, 512, and 515 of the act (21 must: (1) Be received by the specified The original and two copies of the U.S.C. 355, 360b, and 360e), section 351 due date; (2) be submitted in accordance annual Financial Status Report (FSR) of the PHS Act (42 U.S.C. 262), and with sections V.B ‘‘Eligibility,’’ VII (SF–269) must be sent to FDA’s grants regulations issued under any of these ‘‘Submission Requirements,’’ and VIII.A management officer within 90 days of sections. ‘‘Submission Instructions’’ of this the budget period end date of the grant. notice; (3) not exceed the recommended Failure to file the FSR in a timely B. Eligibility funding amount stated in section II fashion will be grounds for suspension The grants are available to any foreign ‘‘Award Amounts’’ of this document; (4) or termination of the grant. For or domestic, public or private nonprofit be in compliance with the following continuing grants, an annual program entity (including state and local units of section VI.B ‘‘ Program Review progress report is also required. The government) and any foreign or Criteria;’’ and (5) bear the original noncompeting continuation application domestic, for-profit entity. For-profit signatures of both the principal (PHS 2590) will be considered the entities must commit to excluding fees investigator and the Institution’s/ annual program progress report. Also, or profit in their request for support to Organization’s Authorized Official. all new and continuing grants must receive grant awards. Organizations Applications found to be nonresponsive

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will be returned to the applicant appear on the face page of the can be recruited in the requested without further consideration application with the title of the project. timeframe. (unreviewed). Applicants are strongly The date the subject protocol was 5. The qualifications of the encouraged to contact FDA to resolve submitted to FDA for the IND/IDE investigator and support staff, and the any questions about criteria before review should also be provided. resources available to them. submitting their application. Please • Protocols that would otherwise be 6. The adequacy of the justification direct all questions of a technical or eligible for an exemption from the IND for the request for financial support. scientific nature to the OPD program regulations must be conducted under an 7. The adequacy of plans for staff and all questions of an active IND to be eligible for funding complying with regulations for administrative or financial nature to the under this FDA grant program. protection of human subjects. grants management staff (see • If the sponsor of the IND/IDE is 8. The ability of the applicant to ADDRESSES). other than the principal investigator complete the proposed study within its Responsive applications will be listed on the application, a letter from budget and within time limits stated in reviewed and evaluated for scientific the sponsor permitting access to the this RFA. and technical merit by an ad hoc panel IND/IDE must be submitted. Both the A score will be assigned based on the of experts in the subject field of the name of the principal investigator above scientific/technical review specific application. Consultation with identified in the application and the criteria. The review panel may advise the proper FDA review division may study protocol must have been the program staff about the also occur during this phase of the submitted to the IND/IDE. appropriateness of the proposal to the review to determine whether the • Studies of already approved goals of the OPD grant program proposed study will provide acceptable products, evaluating new orphan described in the section I ‘‘Program data that could contribute to product indications, are also subject to these Research Goals’’ of this document. approval. Responsive applications will IND/IDE requirements. VII. Submission Requirements be subject to a second review by a • Only medical foods that do not need National Advisory Council for premarket approval are exempt from The original and two copies of the concurrence with the recommendations these IND/IDE requirements. completed Grant Application Form PHS made by the first-level reviewers, and 5. The requested budget must be 398 (Rev. 5/01) or the original and two funding decisions will be made by the within the limits (either $150,000 in copies of PHS 5161–1 (Rev. 7/00) for Commissioner of Food and Drugs. direct costs for each year for up to 3 State and local governments, with three years for any phase study, or $300,000 copies of the appendices should be B. Program Review Criteria in direct costs for each year for up to 3 submitted to Maura Stephanos (see Program review criteria include the years for phase 2 or 3 studies) as stated ADDRESSES). State and local following: in this notice. Any application received governments may use the PHS 398 (Rev. 1. The application must propose a that requests support over the maximum 5/01) application form in lieu of the clinical trial intended to provide safety amount allowable for that particular PHS 5161–1. The application receipt and/or efficacy data of one therapy for study will be considered nonresponsive. dates are October 16, 2002, and April 2, one orphan indication. 6. Proposed consent forms, assent 2003. The only material will be 2. There must be an explanation in forms, and any other information given accepted after the receipt date is the ‘‘Background and Significance’’ to a subject, should be included in the evidence of final IRB approval. The section of how the proposed study will grant application (even if they are in a mailing package and item 2 of the either contribute to product approval or draft version). application face page should be labeled, provide essential data needed for 7. Evidence that the product to be ‘‘Response to RFA–FDA–OPD–2003.’’ If product development. studied is available to the applicant in an application for the same study was 3. The prevalence, not incidence, of the form and quantity needed for the submitted in response to a previous the population to be served by the clinical trial must be included in the RFA but has not yet been funded, an product must be fewer than 200,000 application. A current letter from the application in response to this notice individuals in the United States. The supplier as an appendix will be will be considered a request to applicant should include, in the acceptable. withdraw the previous application. ‘‘Background and Significance’’ section, 8. Applicants must follow guidelines Resubmissions are treated as new a detailed explanation supplemented by named in the PHS 398 (Rev. 5/01) grant applications; therefore, the applicant authoritative references in support of application instructions. may wish to address the issues the prevalence figure. Diagnostic tests C. Scientific/Technical Review Criteria presented in the summary statement and vaccines will qualify only if the from the previous review, and include population of intended use is fewer than The ad hoc expert panel will review a copy of the summary statement itself 200,000 individuals in the United States the application based on the following as part of the application. per year. scientific and technical merit criteria: 4. The study protocol proposed in the 1. The soundness of the rationale for VIII. Method of Application grant application must be under an the proposed study. A. Submission Instructions active IND or IDE (not on clinical hold) 2. The quality and appropriateness of to qualify the application for scientific the study design including the rationale Applications will be accepted during and technical review. Additional IND/ for the statistical procedures. normal working hours, from 8 a.m. to IDE information is described below: 3. The statistical justification for the 4:30 p.m., Monday through Friday, by • The proposed clinical protocol number of patients chosen for the study, the established receipt dates. should be submitted to the FDA IND/ based on the proposed outcome Applications will be considered IDE reviewing division a minimum of measures and the appropriateness of the received on time if sent or mailed by the 30 days before the grant application statistical procedures for analysis of the receipt dates as shown by a legible U.S. deadline. results. Postal Service dated postmark or a • The number assigned to the IND/IDE 4. The adequacy of the evidence that legible date receipt from a commercial that includes the proposed study should the proposed number of eligible subjects carrier. Private metered postmarks shall

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not be acceptable as proof of timely control number 0925–0001. The workshop on pathogen inactivation held mailing. Applications not received on requirements requested on Form PHS on August 7 and 8, 2002; and (5) blood time will not be considered for review 5161–1 (Rev. 7/00) were approved and establishment registration—electronic and will be returned to the applicant. assigned OMB control number 0348– submissions. In the morning, the (Applicants should note the U.S. Postal 0043. committee will hear discussion and Service does not uniformly provide Applicants should provide a summary provide recommendations on the topic dated postmarks. Before relying on this of any meetings or discussions about the of self-administration of the uniform method, applicants should check with clinical study that have occurred with donor history questionnaire: first time their local post office.) Please do not FDA reviewing division staff as an donors. In the afternoon, the committee send applications to the CSR at NIH. appendix to the application. will hear an informational presentation Any application sent to NIH that is then Dated: August 21, 2002. on testing for Chagas disease, and a forwarded to FDA and received after the Margaret M. Dotzel, presentation on window period for HIV applicable due date will be judged cases and current estimates of residual Associate Commissioner for Policy. nonresponsive and returned to the risk. applicant. Applications must be [FR Doc. 02–21736 Filed 8–26–02; 8:45 am] Procedure: Interested persons may submitted via mail or hand delivered as BILLING CODE 4160–01–S present data, information, or views, stated above. FDA is unable to receive orally or in writing, on issues pending applications electronically. before the committee. Written DEPARTMENT OF HEALTH AND submissions may be made to the contact B. Format for Application HUMAN SERVICES person by August 30, 2002. Oral Submission of the application must be Food and Drug Administration presentations from the public will be on Grant Application Form PHS 398 scheduled between approximately 11 (Rev. 5/01). Applications from State and Blood Products Advisory Committee; a.m. and 11:30 a.m., and 3:45 p.m. and local governments may be sent on Form Notice of Meeting 4:30 p.m. Time allotted for each PHS 5161–1 (Rev. 7/00) or Form PHS presentation may be limited. Those 398 (Rev. 5/01). All ‘‘General AGENCY: Food and Drug Administration, desiring to make formal oral Instructions’’ and ‘‘Specific HHS. presentations should notify the contact Instructions’’ in the application kit ACTION: Notice. person before August 30, 2002, and should be followed except for the submit a brief statement of the general This notice announces a forthcoming receipt dates and the mailing label nature of the evidence or arguments meeting of a public advisory committee address. The face page of the they wish to present, the names and of the Food and Drug Administration application should reflect the request addresses of proposed participants, and (FDA). The meeting will be open to the for applications number RFA–FDA– an indication of the approximate time public. OPD–2003. The title of the proposed requested to make their presentation. study should include the name of the Name of Committee: Blood Products Persons attending FDA’s advisory product and the disease/disorder to be Advisory Committee. committee meetings are advised that the General Function of the Committee: studied and the IND/IDE number. The agency is not responsible for providing To provide advice and format for all following pages of the access to electrical outlets. application should be single-spaced and recommendations to the agency on FDA welcomes the attendance of the single-sided. FDA does not adhere to the FDA’s regulatory issues. public at its advisory committee page limits or the type size and line Date and Time: The meeting will be meetings and will make every effort to spacing requirements imposed by NIH held on September 12, 2002, from 8 a.m. accommodate persons with physical on its applications. to 5:30 p.m. disabilities or special needs. If you Location: Hilton Silver Spring Hotel, Applicants have the option of require special accommodations due to Maryland Ballroom, 8727 Colesville Rd., omitting from the application copies a disability, please contact Linda A. Silver Spring, MD 20910. (not the original) specific salary rates or Smallwood or Pearline K. Muckelvene amounts for individuals specified in the Contact Person: Linda A. Smallwood, at 301–827–1281 at least 7 days in application budget and Social Security Center for Biologics Evaluation and advance of the meeting. numbers if otherwise required for Research (HFM–302), Food and Drug Notice of this meeting is given under individuals. The copies may include Administration, 1401 Rockville Pike, the Federal Advisory Committee Act (5 summary salary information. Rockville, MD 20852, 301–827–3514, or U.S.C. app. 2). Data and information included in the FDA Advisory Committee Information application will generally not be Line, 1–800–741–8138 (301–443–0572 Dated: August 20, 2002. publicly available prior to the funding in the Washington, DC area), code Linda Arey Skladany, of the application. Data and information 19516. Please call the Information Line Senior Associate Commissioner for External included in the application, if identified for up-to-date information on this Relations. by the applicant as trade secret or meeting. [FR Doc. 02–21734 Filed 8–26–02; 8:45 am] confidential commercial information, Agenda: On September 12, 2002, the BILLING CODE 4160–01–S will be given confidential treatment to following committee updates are the extent permitted by the Freedom of tentatively scheduled: (1) Consideration Information Act (5 U.S.C. 552(b)(4)) and of the Clinical Laboratory Improvement DEPARTMENT OF HEALTH AND FDA’s implementing regulations Act (CLIA) waivers for rapid human HUMAN SERVICES (including inter alia 21 CFR 20.61) even immunodeficiency virus (HIV) tests; (2) after funding has been granted. implementation of HIV, type 1/hepatitis Food and Drug Administration Information collection requirements C virus nucleic acid testing algorithm; Oncologic Drugs Advisory Committee; requested on Form PHS 398 (Rev. 5/01) (3) summary of Public Health Service Notice of Meeting have been sent by the PHS to the Office Advisory Committee on Blood Safety of Management and Budget (OMB) and and Availability meeting held on AGENCY: Food and Drug Administration, have been approved and assigned OMB September 5, 2002; (4) summary of the HHS.

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ACTION: Notice. require special accommodations due to Center for Biologics Evaluation and a disability, please contact Karen Research, Food and Drug This notice announces a forthcoming Templeton-Somers at least 7 days in Administration, 1401 Rockville Pike, meeting of a public advisory committee advance of the meeting. Rockville, MD 20852–1448. Send one of the Food and Drug Administration Notice of this meeting is given under self-addressed adhesive label to assist (FDA). the Federal Advisory Committee Act (5 the office in processing your requests. The meeting will be open to the U.S.C. app. 2). Submit written comments on the draft public. guidance to the Dockets Management Name of Committee: Oncologic Drugs Dated: August 20, 2002. Linda Arey Skladany, Branch (HFA–305), Food and Drug Advisory Committee. Administration, 5630 Fishers Lane, rm. General Function of the Committee: Senior Associate Commissioner for External 1061, Rockville, MD 20852. Submit To provide advice and Relations. electronic comments to http:// recommendations to the agency on [FR Doc. 02–21737 Filed 8–26–02; 8:45 am] www.fda.gov/dockets/ecomments. See FDA’s regulatory issues. BILLING CODE 4160–01–S the SUPPLEMENTARY INFORMATION section Date and Time: The meeting will be for electronic access to the draft held on September 24, 2002, from 8:30 guidance document. a.m. to 1:30 p.m. DEPARTMENT OF HEALTH AND Location: Holiday Inn, Kennedy HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: Ballroom, 8777 Georgia Ave., Silver Rachel Behrman, Center for Drug Spring, MD. Food and Drug Administration Evaluation and Research (HFD–40), Food and Drug Administration, Contact Person: Karen M. Templeton- [Docket No. 02D–0320] Somers, Center for Drug Evaluation and 5600 Fishers Lane, Rockville, MD Research (HFD–21), Food and Drug Draft Guidance for Industry and 20857, 301–594–6758; or Administration, 5600 Fishers Lane, Clinical Investigators on the Use of Stephen M. Ripley, Center for Rockville, MD 20857, 301–827–7001, e- Clinical Holds Following Clinical Biologics Evaluation and Research mail: [email protected], or FDA Investigator Misconduct; Availability (HFM–17), Food and Drug Advisory Committee Information Line, Administration, 1401 Rockville 1–800–741–8138 (301–443–0572 in the AGENCY: Food and Drug Administration, Pike, Rockville, MD 20852–1448, Washington, DC area), code 12542. HHS. 301–827–6210. Please call the Information Line for up- ACTION: Notice. SUPPLEMENTARY INFORMATION: to-date information on this meeting. SUMMARY: The Food and Drug I. Background Agenda: On September 24, 2002, the Administration (FDA) is announcing the committee will discuss new drug FDA is announcing the availability of availability of a draft guidance for application (NDA) 21–399, IRESSAr a draft guidance for industry and industry and clinical investigators (gefitinib), AstraZeneca Pharmaceuticals clinical investigators entitled ‘‘The Use entitled ‘‘The Use of Clinical Holds LP, indicated for the treatment of of Clinical Holds Following Clinical Following Clinical Investigator patients with locally advanced or Investigator Misconduct.’’ The draft Misconduct.’’ This draft guidance metastatic non-small cell lung cancer guidance provides information on our provides information on FDA’s use of its who have previously received platinum- authority to impose a clinical hold on a authority to impose a clinical hold on a based chemotherapy. study if we find that a clinical Procedure: Interested persons may study if FDA finds that a clinical investigator conducting the study has present data, information, or views, investigator conducting the study has committed serious violations of our orally or in writing, on issues pending committed serious violations of our regulations pertaining to clinical trials before the committee. Written regulations pertaining to clinical trials involving human drug or biological submissions may be made to the contact involving human drug or biological products or has submitted false person by September 16, 2002. Oral products or has submitted false information to us or to the study’s presentations from the public will be information to FDA or to the study’s sponsor in any report. The draft scheduled between approximately 8:45 sponsor in any report. The draft guidance is intended to inform a.m. and 9:45 a.m. on September 24, guidance is intended to inform interested persons of the circumstances 2002. Time allotted for each interested persons of the circumstances in which we may impose a clinical hold presentation may be limited. Those in which we may impose a clinical hold following the discovery of a clinical desiring to make formal oral following the discovery of a clinical investigator’s misconduct and the steps presentations should notify the contact investigator’s misconduct and the steps we might take to protect human subjects person before September 16, 2002, and we might take to protect human subjects from investigator misconduct. submit a brief statement of the general from investigator misconduct. This draft guidance is being issued nature of the evidence or arguments DATES: Submit written or electronic consistent with FDA’s good guidance they wish to present, the names and comments on the draft guidance by practices regulation (21 CFR 10.115). addresses of proposed participants, and November 25, 2002. General comments The draft guidance, when finalized, will an indication of the approximate time on agency guidance documents are represent the agency’s current thinking requested to make their presentation. welcome at any time. on the use of clinical holds to protect Persons attending FDA’s advisory ADDRESSES: Submit written requests for human subjects following clinical committee meetings are advised that the single copies of the draft guidance to the investigator misconduct in a clinical agency is not responsible for providing Division of Drug Information (HFD– trial of a human drug or biological access to electrical outlets. 240), Center for Drug Evaluation and product. It does not create or confer any FDA welcomes the attendance of the Research, Food and Drug rights for or on any person and does not public at its advisory committee Administration, 5600 Fishers Lane, operate to bind us or the public. An meetings and will make every effort to Rockville, MD 20857, or to the Office of alternative approach may be used if accommodate persons with physical Communication, Training, and such approach satisfies the disabilities or special needs. If you Manufacturers Assistance (HFM–40), requirements of the applicable statutes

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and regulations. As with other guidance Dated: August 20, 2002. Dated: August 19, 2002. documents, we do not intend this Jane M. Harrison, Anna P. Snouffer, document to be all-inclusive, and we Director, Division of Policy Review and Acting Director, Office of Federal Advisory caution that not all information may be Coordination. Committee Policy. applicable to all situations. The [FR Doc. 02–21699 Filed 8–26–02; 8:45 am] [FR Doc. 02–21790 Filed 8–26–02; 8:45 am] document is intended to provide BILLING CODE 4165–15–P BILLING CODE 4140–01–M information and does not set forth requirements. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND II. Comments HUMAN SERVICES HUMAN SERVICES We are distributing this draft document for comment purposes only, National Institutes of Health National Institutes of Health and do not intend to implement it at National Cancer Institute; Notice of National Institute of Allergy and this time. Interested persons may submit Closed Meeting Infectious Diseases; Notice of Closed to the Dockets Management Branch (see Meeting ADDRESSES) written comments regarding Pursuant to section 10(d) of the this draft guidance document. Two Federal Advisory Committee Act, as Pursuant to section 10(d) of the copies of any comments are to be amended (5 U.S.C. Appendix 2), notice Federal Advisory Committee Act, as submitted, except that individuals may is hereby given of the following amended (5 U.S.C. Appendix 2), notice submit one copy. Comments should be meeting. is hereby given on the following identified with the docket number The meeting will be closed to the meeting. found in brackets in the heading of this public in accordance with the document. A copy of the draft guidance The meeting will be closed to the provisions set forth in sections public in accordance with the and received comments are available for 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., public examination in the Dockets provisions set forth in sections as amended. The contract proposals and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Management Branch between 9 a.m. and the discussions could disclose as amended. The grant applications and 4 p.m., Monday through Friday. confidential trade secrets or commercial the discussions could disclose property such as patentable material, III. Electronic Access and personal information concerning confidential trade secrets or commercial property such as patentable material, Persons with access to the Internet individuals associated with the contract and personal information concerning may obtain the document at http:// proposals, the disclosure of which individuals associated with the grant www.fda.gov/cber/guidelines.htm. would constitute a clearly unwarranted invasion of personal privacy. applications, the discourse of which Dated: July 8, 2002. would constitute a clearly unwarranted Name of Committee: National Cancer Margaret M. Dotzel, invasion of personal privacy. Institute Special Emphasis Panel. N01–BC– Associate Commissioner for Policy. 27012–74: Early Phase Clinical Trial to Name of Committee: National Institute of [FR Doc. 02–21697 Filed 8–26–02; 8:45 am] Evaluate Safety and Immunogenicity of Allergy and Infectious Diseases Special BILLING CODE 4160–01–S Human Papilomavirus VLP Base Vacines. Emphasis Panel. Role of Tim Family Genes Date: August 29, 2002. in Asthma and Allergic Diseases. Time: 12 PM to 3 PM. Date: September 13, 2002. DEPARTMENT OF HEALTH AND Agenda: To review and evaluate contract Time: 1 PM to 4 PM. HUMAN SERVICES proposals. Agenda: To review and evaluate grant Place: 6116 Executive Boulevard, 8th applications. Health Resources and Services Floor, Bethesda, MD 20892, (Telephone Place: 6700 B Rockledge Drive, Bethesda, Administration Conference Call). MD 20892, (Telephone Conference Call). Contact Person: Thomas M. Vollberg, PhD, Contact Person: Cheryl K. Lapham, PhD, Peer Educator Training Sites and Scientific Review Administrator, Special Scientific Review Administrator, NIH/NIAID, Resource and Evaluation Center Review and Resources Branch, Division of Scientific Review Program, Room 2217, Cooperative Agreements; Open Extramural Activities, National Cancer 6700–B Rockledge Drive, MSC 7616, Competition Announcement Institute, National Institute of Health, 6116 Bethesda, MD 20892–7616, 301–496–2550, Executive Boulevard, Suite 703/7142, [email protected]. AGENCY: Health Resources and Services Rockville, MD 20852, 301/594–9582, (Catalogue of Federal Domestic Assistance Administration, HHS. [email protected]. Program Nos. 93.855, Allergy, Immunology, This notice is being published less than 15 and Transplantation Research; 93.856, ACTION: Extension of Deadline days prior to the meeting due to the timing Microbiology and Infectious Diseases Application Due Date. limitations imposed by the review and Research, National Institutes of Health, HHS) funding cycle. Dated: August 13, 2002. SUMMARY: In notice document FR Doc. (Catalogue of Federal Domestic Assistance LaVerne Y. Stringfield, 02–19908 Filed August 6, 2002, make Program Nos. 93.392, Cancer Construction; the correction: 93.393, Cancer Cause and Prevention Director, Office of Federal Advisory Committee Policy. On page 51286 in the seventh column Research; 93.394, Cancer Detection and under Application Dates: the deadline Diagnosis Research; 93.395, Cancer [FR Doc. 02–21789 Filed 8–26–02; 8:45 am] date has been extended to be received Treatment Research; 93.396, Cancer Biology BILLING CODE 4140–01–M in the HRSA Grant Application Center Research; 93.397, Cancer Centers Support; by close of business September 9, 2002 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, (Not Postmarked by). HHS)

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Research Service Awards for Research HUMAN SERVICES HUMAN SERVICES Training; 93.279, Drug Abuse Research Programs, National Institutes of Health, HHS) National Institutes of Health National Institutes of Health Dated: August 21, 2002. LaVerne Y. Stringfield, National Institute on Drug Abuse; National Institute of Nursing Research; Director, Office of Federal Advisory Notice of Meeting Notice of Meeting Committee Policy. [FR Doc. 02–21792 Filed 8–26–02; 8:45 am] Pursuant to section 10(d) of the Pursuant to section 10(d) of the Federal Advisory Committee Act, as Federal Advisory Committee Act, as BILLING CODE 4140–01–M amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the is hereby given of a meeting of the National Advisory Council on Drug DEPARTMENT OF HEALTH AND National Advisory Council for Nursing HUMAN SERVICES Research. Abuse. The meeting will be open to the National Institutes of Health The meeting will be open to the public as indicated below, with public as indicated below, with attendance limited to space available. National Institute on Deafness and attendance limited to space available. Individuals who plan to attend and Other Communication Disorders; Individuals who plan to attend and need special assistance, such as sign Notice of Closed Meetings need special assistance, such as sign language interpretation or other language interpretation or other reasonable accommodations, should Pursuant to section 10(d) of the reasonable accommodations, should notify the Contact Person listed below Federal Advisory Committee Act, as notify the Contract Person listed below in advance of the meeting. amended (5 U.S.C. appendix 2), notice in advance of the meeting. The meeting will be closed to the is hereby given of the following The meeting will be closed to the public in accordance with the meetings. public in accordance with the provisions set forth in sections The meetings will be closed to the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and provisions set forth in sections as amended. The grant applications the discussions could disclose 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and/or contract proposals and the confidential trade secrets or commercial as amended. The grant applications and discussions could disclose confidential property such as patentable material, the discussions could disclose trade secrets or commercial property and personal information concerning confidential trade secrets or commercial property such as patentable material, such as patentable material, and individuals associated with the grant and personal information concerning personal information concerning applications, the disclosure of which individuals associated with the grant individuals associated with the grant would constitute a clearly unwarranted applications, the disclosure of which applications and/or contract proposals, invasion of personal privacy. would constitute a clearly unwarranted the disclosure of which would Name of Committee: National Advisory invasion of personal privacy. constitute a clearly unwarranted Council on Drug Abuse. invasion of personal privacy. Date: September 18–19, 2002. Name of Committee: National Institute on Deafness and Other Communications Name of Committee: National Advisory Closed: September 18, 2002, 1 PM to 3:30 PM. Disorders Special Emphasis Panel, Rotavirus Council for Nursing Research. Vaccine Review Panel. Date: September 17–18, 2002. Agenda: To review and evaluate grant applications. Date: September 16, 2002. Open: September 17, 2002, 1 P.M. to 5 P.M. Time: 1:00 PM to 2:30 PM. Agenda: For discussion of program policies Place: Neuroscience Center, National Institutes of Health, 6001 Executive Blvd., Agenda: To review and evaluate grant and issues. applications. Place: 45 Center Drive, Natcher Building, Rockville, MD 20852. Open: September 19, 2002, 9 AM to 3:30 Place: 6120 Executive Blvd., Suite 400C, Conference Room E1⁄2Bethesda, MD 20892. PM. Rockville, MD 20852 (Telephone Conference Closed: September 18, 2002, 9 a.m. to Call). Agenda: This portion of the meeting will adjournment. Contact Person: Stanley C. Oaks, PhD, be open to the public for announcements and Agenda: To review and evaluate grant Scientific Review Administrator, Scientific reports of administrative, legislative and applications and/or proposals. Review Branch, Division of Extramural program developments in the drug abuse Place: 45 Center Drive, Natcher Building, Research, Executive Plaza South, Room 400C, field. Conference Room E1⁄2, Bethesda, MD 20892. 6120 Executive Blvd., Bethesda, MD 20892– Place: Neuroscience Center, National Contact Person: Mary Leveck, PhD, Deputy 7180, 301–496–8683. Institutes of Health, 6001 Executive Blvd., Director, NINR, NIH, Building 31, Room Rockville, MD 20852. Name of Committee: National Institute on 5B05, Bethesda, MD 20892, (301) 594–5963. Contact Person: Teresa Levitin, PhD, Deafness and Other Communications Information is also available on the Director, Office of Extramural Affairs, Disorders Special Emphasis Panel, Research Core Centers P30 (PA–01–011). Institute’s/Center’s home page: www.nih.gov/ National Institute on Drug Abuse, National _ Date: September 18, 2002. ninr/a advisory.html, where an agenda and Institutes of Health, DHHS, Bethesda, MD Time: 1:00 PM to 3:00 PM. any additional information for the meeting 20892–9547, (301) 443–2755. Agenda: To review and evaluate grant will be posted when available. Information is also available on the (Catalog of Federal Domestic Assistance applications. Institute’s/Center’s home page: Place: 6120 Executive Blvd., Suite 400C, Program Nos. 93.361, Nursing Resaerch, www.drugabuse.gov/NACDA/ National Institutes of Health, HHS) Rockville, MD 20852 (Telephone Conference NACDAHome.html, where an agenda and Call). Dated: August 21, 2002. any additional information for the meeting Contact Person: Ali A. Azadegan, DVM, will be posted when available. LaVerne Y. Stringfield, PhD, Scientific Review Administrator, (Catalogue of Federal Domestic Assistance Scientific Review Branch, Division of Director, Office of Federal Advisory Program Nos. 93.277, Drug Abuse Scientist Extramural Research, NIDCD, NIH, EPS– Committee Policy. Development Award for Clinicians, Scientist 400C, 6120 Executive Blvd., MSC 7180, [FR Doc. 02–21791 Filed 8–26–02; 8:45 am] Development Awards, and Research Scientist Bethesda, MD 20892–7180, (301) 496–8683. BILLING CODE 4140–01–M Awards; 93.278, Drug Abuse National [email protected].

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(Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND is hereby given of the following Program Nos. 93.173, Biological Research HUMAN SERVICES meeting. Related to Deafness and Communicative The meeting will be closed to the Disorders, National Institutes of Health, HHS) National Institutes of Health public in accordance with the Dated: August 21, 2002. provisions set forth in sections National Institute of Child Health and LaVerne Y. Stringfield, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Human Development; Notice of Closed as amended. The grant applications and Director, Office of Federal Advisory Meeting Committee Policy. the discussions could disclose [FR Doc. 02–21794 Filed 8–26–02; 8:45 am] Pursuant to section 10(d) of the confidential trade secrets or commercial BILLING CODE 4140–01–M Federal Advisory Committee Act, as property such as patentable material, amended (5 U.S.C. appendix 2), notice and personal information concerning is hereby given of the following individuals associated with the grant DEPARTMENT OF HEALTH AND meeting. applications, the disclosure of which HUMAN SERVICES The meeting will be closed to the would constitute a clearly unwarranted public in accordance with the invasion of personal privacy. National Institutes of Health provisions set forth in sections Name of Committee: National Institute of Child Health and Human Development Initial National Institute of Child Health and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Review Group, Maternal and Child Health Human Development; Notice of Closed Research Subcommittee. Meeting the discussions could disclose confidential trade secrets or commercial Date: October 22–23, 2002. Time: 8:30 a.m. to 5 p.m. Pursuant to section 10(d) of the property such as patentable material, Agenda: To review and evaluate grant Federal Advisory Committee Act, as and personal information concerning applications. amended (5 U.S.C. appendix 2), notice individuals associated with the grant Place: Bethesda Residence Inn, 7335 is hereby given of the following applications, the disclosure of which Wisconsin Avenue, Bethesda, MD 20814. meeting. would constitute a clearly unwarranted Contact Person: Gopal M. Bhatnagar, PhD, invasion of personal privacy. Scientific Review Administrator, Division of The meeting will be closed to the Scientific Review, National Institute of Child Name of Committee: National Institute of public in accordance with the Health and Human Development, Bethesda, Child Health and Human Development MD 20892. provisions set forth in sections Special Emphasis Panel, MCHG Training 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Grants. (Catalogue of Federal Domestic Assistance as amended. The grant applications and Date: October 21, 2002. Program Nos. 93.209, Contraception and the discussions could disclose Time: 2:30 PM to 6 PM. Infertility Loan Repayment Program; 93.864, confidential trade secrets or commercial Agenda: To review and evaluate grant Population Research; 93.865, Research for property such as patentable material, applications. Mothers and Children; 93.929, Center for Place: Bethesda Residence Inn, 7335 Medical Rehabilitation Research, National and personal information concerning Institutes of Health, HHS) individuals associated with the grant Wisconsin Avenue, Bethesda, MD 20814. applications, the disclosure of which Contact Person: Gopal M. Bhatnagar, PhD, Dated: August 21, 2002. Scientific Review Administrator, Division of LaVerne Y. Stringfield, would constitute a clearly unwarranted Scientific Review, National Institute of Child invasion of personal privacy. Health and Human Development, National Director, Office of Federal Advisory Committee Policy. Name of Committee: National Institute of Institutes of Health, PHS, DHHS, 9000 Child Health and Human Development Rockville Pike, 6100 Bldg., Room 5E01, [FR Doc. 02–21797 Filed 8–26–02; 8:45 am] Special Emphasis Panel, Infant Nutrition and Bethesda, MD 20892, (301) 496–1485. BILLING CODE 4140–01–M Fetal Metabolism. (Catalogue of Federal Domestic Assistance Date: October 21, 2002. Program Nos. 93.209, Contraception and Time: 8:00 AM to 2:15 PM. Infertility Loan Repayment Prograam; 93.864, DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant Population Research; 93.865, Research for HUMAN SERVICES applications. Mothers and Children; 93.929, Center for Place: Bethesda Residence Inn, 7335 Medical Rehabilitation Research, National National Institute of Health Wisconsin Avenue, Bethesda, MD 20814. Institutes of Health, HHS) Contact Person: Gopal M. Bhatnagar, PhD, Dated: August 21, 2002. National Institute of Child Health and Scientific Review Administrator, Division of Human Development; Notice of Closed LeVerne Y. Stringfield, Scientific Review, National Institute of Child Meeting Health and Human Development, National Director, Office of Federal Advisory Institutes of Health, PHS, DHHS, 9000 Committee Policy. Pursuant to section 10(d) of the Rockville Pike, 6100 Bldg., Room 5E01, [FR Doc. 02–21796 Filed 8–26–02; 8:45 am] Federal Advisory Committee Act, as Bethesda, MD 20892, (301) 496–1485. BILLING CODE 4140–01–M amended (5 U.S.C. appendix 2), notice (Catalogue of Federal Domestic Assistance is hereby given of the following Program Nos. 93.209, Contraception and meeting. Infertility Loan Repayment Program; 93.864, DEPARTMENT OF HEALTH AND The meeting will be closed to the Population Research; 93.865, Research for HUMAN SERVICES public in accordance with the Mothers and Children; 93.929, Center for provisions set forth in sections Medical Rehabilitation Research, National National Institutes of Health Institutes of Health, HHS) 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Dated: August 21, 2002. National Institute of Child Health and Human Development; Notice of Closed the discussions could disclose LaVerne Y. Stringfield, Meeting confidential trade secrets or commercial Director, Office of Federal Advisory property such as patentable material, Committee Policy. Pursuant to section 10(d) of the and personal information concerning [FR Doc. 02–21795 Filed 8–26–02; 8:45 am] Federal Advisory Committee Act, as individuals associated with the grant BILLING CODE 4140–01–M amended (5 U.S.C. appendix 2), notice applications, the disclosure of which

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would constitute a clearly unwarranted the disclosure of which would Rockville, MD 20852 (Telephone Conference invasion of personal privacy. constitute a clearly unwarranted Call). invasion of personal privacy. Contact Person: Eric Zatman, Contract Name of Committee: National Institute of Review Specialist, Office of Extramural Child Health and Human Development Initial Name of Committee: National Arthritis and Affairs, National Institute on Drug Abuse, Review Group Medical Rehabilitation Musculoskeletal and Skin Disease Advisory National Institutes of Health, DHHS, 6001 Research Subcommittee. Council. Executive Boulevard, Room 3158, MSC 9547, Date: October 28–29, 2002. Date: September 26, 2002. Bethesda, MD 20892–9547, (301) 435–1438. Time: 8 a.m. to 5 p.m. Open: 8:30 a.m. to 12 p.m. (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Agenda: The meeting will be open to the Program Nos. 93.277, Drug Abuse Scientist applications. public to discuss administrative details Development Award for Clinicians, Scientist Place: Residence Inn, 7335 Wisconsin relating to Council business and special Development Awards, and Research Scientist Avenue, Bethesda, MD 20814. reports. Awards; 93.278, Drug Abuse National Contact Person: Anne Krey, Scientific Place: 9000 Rockville Pike, Building 31C, Research Service Awards for Research Review Administrator, Division of Scientific Conference Room 6, Bethesda, MD 20892. Training; 93.279, Drug Abuse Research Review, National Institute of Child Health Closed: 1 PM to Adjournment. Programs, National Institutes of Health, HHS) and Human Development, National Institutes Agenda: To review and evaluate grant of Health, 6100 Executive Blvd., Rm. 5E03, applications and/or proposals. Dated: August 21, 2002. Bethesda, MD 20892, 301–435–6908, Place: 9000 Rockville Pike, Building 31C, LaVerne Y. Stringfield, [email protected]. Conference Room 6, Bethesda, MD 20892. Director, Office of Federal Advisory (Catalogue of Federal Domestic Assistance Contact Person: Steven J. Hausman, PhD, Committee Policy. Program Nos. 93.209, Contraception and Deputy Director, NIAMS/NIH, Bldg. 31, [FR Doc. 02–21800 Filed 8–26–02; 8:45 am] Infertility Loan Repayment Program; 93.864, Room 4C–32, 31 Center Dr, MSC 2350, Population Research; 93.865, Research for Bethesda, MD 20892–2350, (301) 594–2463. BILLING CODE 4140–01–M Mothers and Children; 93.929, Center for (Catalogue of Federal Domestic Assistance Medical Rehabilitation Research, National Program Nos. 93.846, Arthritis, Institutes of Health, HHS) Musculoskeletal and Skin Diseases Research, DEPARTMENT OF HEALTH AND National Institutes of Health, HHS) HUMAN SERVICES Dated: August 21, 2002. Dated: August 21, 2002. LaVerne Y. Stringfield, National Institutes of Health LaVerne Y. Stringfield, Director, Office of Federal Advisory National Institute on Drug Abuse; Committee Policy. Director, Office of Federal Advisory Committee Policy. Notice of Closed Meeting [FR Doc. 02–21798 Filed 8–26–02; 8:45 am] [FR Doc. 02–21799 Filed 8–26–02; 8:45 am] BILLING CODE 4140–01–M Pursuant to section 10(d) of the BILLING CODE 4140–01–M Federal Advisory Committee Act, as amended (5 U.S.C. appendix 2), notice DEPARTMENT OF HEALTH AND is hereby given of a meeting of the DEPARTMENT OF HEALTH AND HUMAN SERVICES Board of Scientific Counselors, NIDA. HUMAN SERVICES The meeting will be closed to the public National Institutes of Health National Institutes of Health as indicated below in accordance with the provisions set forth in section National Institute of Arthritis and 552b(c)(6), Title 5 U.S.C., as amended Musculoskeletal and Skin Diseases; National Institute on Drug Abuse; for the review, discussion, and Notice of Meeting Notice of Closed Meeting evaluation of individual intramural Pursuant to section 10(d) of the Pursuant to section 10(d) of the programs and projects conducted by the Federal Advisory Committee Act, as Federal Advisory Committee Act, as National Institute on Drug Abuse, amended (5 U.S.C. appendix 2), notice amended (5 U.S.C. appendix 2), notice including consideration of personnel is hereby given of a meeting of the is hereby given of the following qualifications and performance, and the National Arthritis and Musculoskeletal meeting. competence of individual investigators, and Skin Diseases Advisory Council. The meeting will be closed to the the disclosure of which would The meeting will be open to the public in accordance with the constitute a clearly unwarranted public as indicated below, with provisions set forth in sections invasion of personal privacy. attendance limited to space available. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and Name of Committee: Board of Scientific Individuals who plan to attend and Counselors, NIDA. need special assistance, such as sign the discussions could disclose Date: September 12–13, 2002. language interpretation or other confidential trade secrets or commercial Time: 9:30 a.m. to 2 p.m. reasonable accommodations, should property such as patentable material, Agenda: To review and evaluate personal notify the Contact Person listed below and personal information concerning qualifications and performance, and individuals associated with the contract competence of individual investigators. in advance of the meeting. Place: Intramural Research Program, The meeting will be closed to the proposals, the disclosure of which would constitute a clearly unwarranted National Institute on Drug Abuse, Johns public in accordance with the Hopkins Bayview Campus, Bldg. C, 2nd provisions set forth in sections invasion of personal privacy. Floor Auditorium, 5500 Nathan Shock Drive, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute on Baltimore, MD 21224. as amended. The grant applications Drug Abuse Special Emphasis Panel, Contact Person: Stephen J. Heishman, PhD, and/or contract proposals and the ‘‘Analytical Services Center for Medications Research Psychologist, Clinical Pharmacology Branch, Intramural Research discussions could disclose confidential Development Program.’’ Date: September 24, 2002. Program, National Institute on Drug Abuse, trade secrets or commercial property Time: 10 a.m. to 12 p.m. National Institutes of Health, DHHS, 5500 such as patentable material, and Agenda: To review and evaluate contract Nathan Shock Drive, Baltimore, MD 21224, personal information concerning proposals. (410) 550–1547. individuals associated with the grant Place: Neuroscience Center, National (Catalogue of Federal Domestic Assistance applications and/or contract proposals, Institutes of Health, 6001 Executive Blvd., Program Nos. 93.277, Drug Abuse Scientist

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Development Award for Clinicians, Scientist DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Development Awards, and Research Scientist HUMAN SERVICES HUMAN SERVICES Awards; 93.278, Drug Abuse National Research Service Awards for Research National Institutes of Health Substance Abuse and Mental Health Training; 93.279, Drug Abuse Research Services Administration Programs, National Institutes of Health, HHS) Center for Scientific Review; Notice of Agency Information Collection Dated: August 21, 2002. Closed Meetings Activities: Proposed Collection; LaVerne Y. Stringfield, Pursuant to section 10(d) of the Comment Request Director, Office of Federal Advisory Federal Advisory Committee Act, as In compliance with Section Committee Policy. amended (5 U.S.C. Appendix 2), notice 3506(c)(2)(A) of the Paperwork [FR Doc. 02–21801 Filed 8–26–02; 8:45 am] is hereby given of the following Reduction Act of 1995 concerning BILLING CODE 4140–01–M meetings. opportunity for public comment on The meetings will be closed to the proposed collections of information, the DEPARTMENT OF HEALTH AND public in accordance with the Substance Abuse and Mental Health HUMAN SERVICES provisions set forth in section 552b(c)(4) Services Administration will publish and 552b(c)(6), Title 5 U.S.C., as periodic summaries of proposed National Institutes of Health amended. The grant applications and projects. To request more information the discussions could disclose on the proposed projects or to obtain a National Institute of Arthritis and confidential trade secrets or commercial copy of the information collection Musculoskeletal and Skin Diseases; property such as patentable material, plans, call the SAMHSA Reports Notice of Closed Meeting and personal information concerning Clearance Officer on (301) 443–7978. individuals associated with the grant Comments are invited on: (a) Whether Pursuant to section 10(d) of the applications, the disclosure of which the proposed collections of information Federal Advisory Committee Act, as would constitute a clearly unwarranted are necessary for the proper amended (5 U.S.C. appendix 2), notice invasion of personal privacy. performance of the functions of the is hereby given of the following Name of Committee: Center for Scientific agency, including whether the meeting. Review Special Emphasis Panel, Shared information shall have practical utility; The meeting will be closed to the Instrumentation S10 Confocal Grants. (b) the accuracy of the agency’s estimate public in accordance with the Date: September 26–27, 2002. of the burden of the proposed collection provisions set forth in section 552(c)(4) Time: 8 AM to 5:30 PM. of information; (c) ways to enhance the and 552b(c)(6), Title 5 U.S.C., as Agenda: To review and evaluate grant quality, utility, and clarity of the amended. The grant applications and applications. information to be collected; and (d) the discussions could disclose Place: Georgetown Suites, 1000 29th Street, ways to minimize the burden of the confidential trade secrets or commercial NW., Washington, DC 20007. collection of information on property such as patentable material, Contact Person: Randolph Addison, PhD, respondents, including through the use Scientific Review Administrator, Center for and personal information concerning of automated collection techniques or Scientific Review, National Institutes of individuals associated with the grant other forms of information technology. Health, 6701 Rockledge Drive, Room 5144, applications, the disclosure of which Proposed Project: National Evaluation MSC 7840, Bethesda, MD 20892, (301) 435– of the Comprehensive Community would constitute a clearly unwarranted 1025, [email protected]. invasion of personal privacy. Mental Health Services for Children and Name of Committee: Center for Scientific Their Families Program: Phase Three— Name of Committee: National Institute of Review Special Emphasis Panel. (OMB No. 0930–0209, revision)— Arthritis and Musculoskeletal and Skin Date: September 26–27, 2002. SAMHSA’s Center for Mental Health Diseases Special Emphasis Panel, New Time: 8 AM to 5 AM. Services is conducting Phase III of the Research Strategies for Evaluation and Agenda: To review and evaluate grant national evaluation of the Assessment of Bone Quality. applications. Comprehensive Community Mental Date: September 12, 2002. Place: The Churchill Hotel, 1914 Health Services for Children and Their Time: 8:30 a.m. to 5 p.m. Connecticut Avenue, NW., Washington, DC Families Program. Phase III collects data Agenda: To review and evaluate grant 20009. on child mental health outcomes, family applications. Contact Person: Noni Byrnes, PhD, Place: Holiday Inn, 5520 Wisconsin Scientific Review Administrator, Center for life, and service system development Avenue, Chevy Chase, MD 20815. Scientific Review, National Institutes of and performance. Data are being Contact Person: Tracy A. Shahan, PhD, Health, 6701 Rockledge Drive, Room 4196, collected on 23 service systems (22 Scientific Review Administrator, National MSC 7806, Bethesda, MD 20892, 301–435– funded systems of care and one Institute of Arthritis and Musculoskeletal and 1217, [email protected]. comparison site), and approximately Skin Diseases, 6701 Democracy Plaza, (Catalogue of Federal Domestic Assistance 5,339 children and families. Data Bethesda, MD 20892, (301) 594–4952. Program Nos. 93.306, Comparative Medicine, collection for this evaluation will be (Catalogue of Federal Domestic Assistance 93.306; 93.333, Clinical Research, 93.333, conducted over a five year period. Program Nos. 93.846, Arthritis, 93.337, 93.393–93.396, 93.837–93.844, The core of service system data are Musculoskeletal and Skin Diseases Research, 93.846–93.878, 93.892, 93.893, National currently collected every 18 months National Institutes of Health, HHS) Institutes of Health, HHS) throughout the 5-year evaluation period, with a provider survey conducted in Dated: August 21, 2002. Dated: August 21, 2002. selected years. Service delivery and LaVerne Y. Stringfield, LaVerne Y. Stringfield, system variables of interest include the Director, Office of Federal Advisory Director, Office of Federal Advisory following: maturity of system of care Committee Policy. Committee Policy. development, adherence to the system [FR Doc. 02–21802 Filed 8–26–02; 8:45 am] [FR Doc. 02–21793 Filed 8–26–02; 8:45 am] of care program model, and client BILLING CODE 4140–01–M BILLING CODE 4140–01–M service experience. The length of time

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that individual families will participate reflects the average number of the addition of a family-driven study to in the study ranges from 18 to 36 respondents in each respondent assess the extent of family involvement months depending on when they enter category, the average number of in service planning, (3) the addition of the evaluation. responses per respondent per year, the a sustainability study to assess the Child and family outcomes of interest average length time it will take for each capacity of funded communities to will be collected at intake and during response, and the total average annual continue system of care service subsequent follow-up sessions at six- burden for each category of respondent, provision after the termination of grant month intervals. The outcome measures and for all categories of respondents funding, and (4) the addition of a include the following: child combined. wraparound fidelity study to assess the symptomatology and functioning, implementation of wraparound services family functioning, material resources, This revision to the currently and caregiver strain. In addition, a approved information collection delivery in the context of a system of treatment effectiveness study will activities involves: (1) Extension of the care. Although, the data collection examine the relative impact of an data collection period for an additional period is being extended for an evidence-based treatment within one 18 months to cover an additional sixth additional 18 months, the total average system of care. year of grant funding in the 22 currently annual burden is reduced because the The average annual respondent funded systems of care (and a six-month total number of responses for each burden is estimated below. The estimate no-cost extension for the evaluation), (2) individual remains the same.

Number of Number of responses/ Average burden/ Total average annual respondents respondent response burden Respondent (currently approved) With Currently With Currently With revi- Currently With Currently revisions approved revisions approved sions approved revisions approved

Caregiver ...... 5339 5339 1.38561 1.00054 2.06632 2.09489 15,286 11,191 Youth ...... 3203 3203 1.48281 1.06771 0.91511 0.92960 4,347 3,179 Provider ...... 483 483 0.77370 0.49044 1.10432 1.38961 413 329

Total ...... 20,046 14,699

Send comments to Nancy Pearce, are necessary for the proper clients receiving services at publicly- SAMHSA Reports Clearance Officer, performance of the functions of the funded facilities. This information is Room 16–105, Parklawn Building, 5600 agency, including whether the needed to assess the nature and extent Fishers Lane, Rockville, MD 20857. information shall have practical utility; of these resources, to identify gaps in Written comments should be received (b) the accuracy of the agency’s estimate services, to provide a database for within 60 days of this notice. of the burden of the proposed collection treatment referrals, and to assess Dated: August 21, 2002. of information; (c) ways to enhance the demographic and substance-related quality, utility, and clarity of the Richard Kopanda, trends in treatment. information to be collected; and (d) Executive Officer, SAMHSA. ways to minimize the burden of the The request for OMB approval will [FR Doc. 02–21727 Filed 8–26–02; 8:45 am] collection of information on include only modest changes to the BILLING CODE 4162–20–P respondents, including through the use 2003 N–SSATS questionnaire, including of automated collection techniques or the addition of several drugs to the other forms of information technology. pharmacotherapies list and the addition DEPARTMENT OF HEALTH AND Proposed Project: Drug and Alcohol of services such as beds for dependent HUMAN SERVICES Services Information System (DASIS)— children of women in treatment to the Substance Abuse and Mental Health (OMB No. 0930–0106)—Revision—The ‘‘other services’’ list. The remaining Services Administration DASIS consists of three related data sections of the N–SSATS questionnaire systems: The Inventory of Substance will remain unchanged except for minor Agency Information Collection Abuse Treatment Services (I–SATS ); modifications to wording. the National Survey of Substance Abuse Activities: Proposed Collection; Approval will also be requested for an Treatment Services (N–SSATS), and the Comment Request additional component, the Mini-N– Treatment Episode Data Set (TEDS). The In compliance with Section I–SATS includes all substance abuse SSATS. The Mini-N–SSATS is a 3506(c)(2)(A) of the Paperwork treatment facilities known to SAMHSA. procedure for collecting services data Reduction Act of 1995 concerning The N–SSATS is an annual survey of all from newly identified facilities between opportunity for public comment on substance abuse treatment facilities main cycles of the survey and will be proposed collections of information, the listed in the I–SATS. The TEDS is a used to improve the listing of treatment Substance Abuse and Mental Health compilation of client-level admission facilities in the on-line treatment facility Services Administration will publish data and discharge data submitted by Locator. The between-survey telephone periodic summaries of proposed States on clients treated in facilities that calls to newly identified facilities allow projects. To request more information receive State funds. Together, the three facilities to be added to the Locator in on the proposed projects or to obtain a DASIS components provide information a more timely manner. No significant copy of the information collection on the location, scope and changes are expected in the other DASIS plans, call the SAMHSA Reports characteristics of all known drug and activities. Clearance Officer on (301) 443–7978. alcohol treatment facilities in the United Comments are invited on: (a) Whether States, the number of persons in the proposed collections of information treatment, and the characteristics of

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Estimated annual burden for the DASIS activities is shown below:

Responses Type of respondent and activity Number of re- per respond- Hours per re- Total burden spondents ent sponse hours

States

TEDS Admission Data ...... 52 4 6 1,248 TEDS Discharge Data ...... 35 4 6 840 I–SATS Update 1 ...... 56 67 0.08 300

State subtotal ...... 56 ...... 2,388

Facilities

N–SSATS Questionnaire ...... 17,000 1 .6 10,200 Pretest of N–SSATS revisions ...... 50 1 1 50 Prescreening of newly-identified facilities ...... 2,000 1 .08 160 Mini-N–SSATS ...... 700 1 .4 280

Facility Subtotal ...... 19,000 ...... 10,690

Total ...... 19,056 ...... 13,078 1 States forward to SAMHSA information on newly licensed/approved facilities and on changes in facility name, address, status, etc. This is done electronically by nearly all States.

Send comments to Nancy Pearce, ADDRESSES: Interested persons are description of the need for the SAMHSA Reports Clearance Officer, invited to submit comments regarding information and its proposed use; (5) Room 16–105, Parklawn Building, 5600 this proposal. Comments should refer to the agency form number, if applicable; Fishers Lane, Rockville, MD 20857. the proposal by name and/or OMB (6) what members of the public will be Written comments should be received approval number (2502–0358) and affected by the proposal; (7) how within 60 days of this notice. should be sent to: Lauren Wittenberg, frequently information submissions will Dated: August 21, 2002. OMB Desk Officer, Office of be required; (8) an estimate of the total Richard Kopanda, Management and Budget, Room 10235, number of hours needed to prepare the New Executive Office Building, information submission including Executive Officer, SAMHSA. Washington, DC 20503; Fax number number of respondents, frequency of [FR Doc. 02–21729 Filed 8–26–02; 8:45 am] (202) 395–6974; e-mail response, and hours of response; (9) BILLING CODE 4162–20–P [email protected]. whether the proposal is new, an FOR FURTHER INFORMATION CONTACT: extension, reinstatement, or revision of an information collection requirement; DEPARTMENT OF HOUSING AND Wayne Eddins, Reports Management and (10) the name and telephone URBAN DEVELOPMENT Officer, QDAM, Department of Housing and Urban Development, 451 Seventh number of an agency official familiar [Docket No. FR–4734–N–40] Street, Southwest, Washington, DC with the proposed and of the OMB Desk 20410; e-mail [email protected]; Officer for the Department. Notice of Submission of Proposed This Notice also lists the following Loss Mitigation Evaluation telephone (202) 708–2374. This is not a toll-free number. Copies of the proposed information: AGENCY: Office of the Chief Information forms and other available documents Title of Proposal: Loss Mitigation Officer, HUD. submitted to OMB may be obtained Evaluation. ACTION: Notice. from Mr. Eddins. OMB Approval Number: 2502–0523. SUPPLEMENTARY INFORMATION: The Form Numbers: None. SUMMARY: The proposed information Department has submitted the proposal Description of the Need for the collection requirement described below for the collection of information, as Information and its Proposed Use: has been submitted to the Office of descried below, to OMB for review, as Mortgagees servicing HUD insured Management and Budget (OMB) for required by the Paperwork Reduction mortgages are required to document all review, as required by the Paperwork Act (44 U.S.C. Chapter 35). The Notice lost mitigation efforts for delinquent Reduction Act. The Department is lists the following information: (1) The loans. soliciting public comments on the title of the information collection Respondents: Business or other for- subject proposal. proposal; (2) the office of the agency to profit. DATES: Comment Due Date: September collect the information; (3) the OMB Frequency of Submission: On 26, 2002. approval number, of applicable; (4) the occasion, monthly.

Number of × Annual × Hours per Burden respondents responses response = hours

Reporting Burden ...... 600 905 .25 135,795

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Total Estimated Burden Hours: SUPPLEMENTARY INFORMATION: The Fish DATES: The meeting will be held 135,795. and Wildlife Service published a notice Thursday and Friday, Oct. 17 and 18, Status: Reinstatement, without of intent to prepare a Comprehensive 2002, in the Conference Center at John change. Conservation Plan and associated Asquaga’s Nugget in Sparks, Nevada. On Authority: Section 3507 of the Paperwork Environmental Impact Statement for the Oct. 17, the meeting begins at 1 p.m. Reduction Act of 1995, 44 U.S.C. 35, as Monument in the Federal Register on Time for public comments has been set amended. June 12, 2002, (Vol. 67, No. 113, pages aside at 3 p.m. On Oct. 18, the council Dated: August 20, 2002. 40333–40337). Comments were to be will convene at 7:30 a.m. in joint received on or before September 12, Wayne Eddins, session with the BLM Sierra Front/ 2002. Public scoping meetings were to Northwestern Great Basin Resource Departmental Reports Management Officer, be held at locations and times to be Office of the Chief Information Officer. Advisory Council. specified in subsequent notices and [FR Doc. 02–21710 Filed 8–26–02; 8:45 am] news releases. FOR FURTHER INFORMATION CONTACT: Tim BILLING CODE 4210–72–M The Service is extending the comment Burke, Field Manager, BLM Alturas period to provide additional Field Office, 708 West 12th St., Alturas, opportunities for the public to provide CA; or BLM Public Affairs Officer DEPARTMENT OF THE INTERIOR comments at open houses. The new Joseph J. Fontana, telephone (530) 252– deadline for public comment is now 5332. Fish and Wildlife Service extended to October 12, 2002. SUPPLEMENTARY INFORMATION: The 15- Notice of Public Comment Period Comments already received are on record and need not be resubmitted. All member council advises the Secretary of Extension and Four Public Open the Interior, through the BLM, on a Houses for the Hanford Reach National comments received become part of the variety of planning and management Monument/Saddle Mountain National official public record. Public open houses have been issues associated with public land Wildlife Refuge Comprehensive scheduled at the following dates, times, management in Northeast California and Conservation Plan and Environmental and locations. Impact Statement Northwest Nevada. At this meeting, 1. August 28, 2002, from 6 p.m. to 9 agenda topics include an update on AGENCY: Fish and Wildlife Service, p.m., at Wahluke High School, 502 N. conservation planning for sage grouse, Interior. Boundary, Mattawa, WA. western juniper management, and a ACTION: Notice of extension of public 2. September 5, 2002, from 6 p.m. to status report on land use planning for comment period and four public ‘‘Open 9 p.m., at the Radisson Hotel Seattle northeast California and northwest Airport, 17001 Pacific Highway South, Houses’’ for the Hanford Reach National Nevada lands. The council will also Monument/Saddle Mountain National Seattle, WA. 3. September 9, 2002, from 4 p.m. to hear status reports from the managers of Wildlife Refuge Comprehensive 9 p.m., Consolidated Information the BLM’s Alturas, Eagle Lake and Conservation Plan and Environmental Center, Washington State University Surprise field offices. In the Oct. 18 Impact Statement. Tri-Cities Campus, 2770 University Dr., joint session, the council members will SUMMARY: This notice informs the public Richland, WA. hear a report from their National that the comment period for scoping 4. September 17, 2002, 6 p.m. to 9 Conservation Area subcommittee, which issues to be evaluated in the Draft p.m., at the Yakima Convention Center, has been assisting BLM with Comprehensive Conservation Plan and 10 N. 8th Street, Yakima, WA. development of a draft management Draft Environmental Impact Statement Dated: July 30, 2002. plan for the Black Rock Desert-High for the Hanford Reach National Rowan W. Gould, Rock Canyon-Emigrant Trails National Monument/Saddle Mountain National Regional Director, Region 1, Portland, Oregon. Conservation Area. The council members will also hear a briefing on Wildlife Refuge (Monument) is [FR Doc. 02–21728 Filed 8–26–02; 8:45 am] NCA management from the Black Rock- extended to October 12, 2002, and BILLING CODE 4310–55–P public open houses are scheduled in High Rock NCA staff. Mattawa, Seattle, Richland, and Yakima, All meetings are open to the public. Washington. See SUPPLEMENTARY DEPARTMENT OF THE INTERIOR Members of the public may present INFORMATION for public meeting dates written comments to the council. Each Bureau of Land Management and locations. formal council meeting will have time DATES: Comments must be received by [CA–310–1820–AE] allocated for public comments. the new deadline of October 12, 2002, Depending on the number of persons at the address below. See Notice of Public Meeting: Northeast wishing to speak, and the time SUPPLEMENTARY INFORMATION for Open California Resource Advisory Council available, the time for individual House dates. AGENCY: Bureau of Land Management, comments may be limited. Individuals ADDRESSES: Address comments and Interior. who plan to attend and need special requests for more information to: Greg ACTION: Notice of public meeting. assistance, such as sign language Hughes, Project Leader, Hanford Reach interpretation and other reasonable National Monument, 3250 Port of SUMMARY: In accordance with the accommodations, should contact the Benton Blvd., Richland, Washington Federal Land Policy and Management BLM as provided above. 99352, Fax (509) 375–0196. See Act of 1976 (FLPMA), and the Federal SUPPLEMENTARY INFORMATION for Open Advisory Committee Act of 1972 Dated: August 20, 2002. House addresses. (FACA), the U. S. Department of the Joseph J. Fontana, FOR FURTHER INFORMATION CONTACT: Greg Interior, Bureau of Land Management Public Affairs Officer. Hughes, Project Leader, or Dan Haas, (BLM) Northeast California Resource [FR Doc. 02–21712 Filed 8–26–02; 8:45 am] Planning Team Leader, at phone: (509) Advisory Council will meet as indicated BILLING CODE 4310–40–P 371–1801, or fax: (509) 375–0196. below.

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DEPARTMENT OF THE INTERIOR DEPARTMENT OF LABOR representing employer groups and interests); and Bureau of Land Management Office of the Secretary • General public (this member must represent persons actually receiving [ES–960–1910–BJ–4377] ES–51654, Group Advisory Council on Employee Welfare benefits from a private sector plan). No. 153, Wisconsin and Pension Benefit Plans; The Department of Labor is Nominations for Vacancies committed to equal opportunity in the Eastern States: Filing of Plat of Survey workplace and seeks a broad-based and Section 512 of the Employee diverse ERISA Advisory Council AGENCY: Bureau of Land Management, Retirement Income Security Act of 1974 Interior. membership. (ERISA), 88 Stat. 895, 29 U.S.C. 1142, Accordingly, notice is hereby given ACTION: Notice of Filing of Plat of provides for the establishment of an that any person or organization desiring Survey; Wisconsin. ‘‘Advisory Council on Employee to recommend one or more individuals Welfare and Pension Benefit Plans’’ (the for appointment to the ERISA Advisory SUMMARY: The Bureau of Land Council), which is to consist of 15 Council on Employee Welfare and Management (BLM) will file the plat of members to be appointed by the Pension Benefit Plans to represent a survey, in two (2) sheets, of the lands Secretary of Labor (the Secretary) as specific group or field listed in the described below in the BLM Eastern follows: Three representatives of preceding paragraph, may submit States Office, Springfield, Virginia, forty employee organizations (at least one of recommendations to Sharon Morrissey, five (45) days from the date of whom shall be representative of an Executive Secretary, ERISA Advisory publication in the Federal Register. organization whose members are Council, Frances Perkins Building, U.S. FOR FURTHER INFORMATION CONTACT: participants in a multi employer plan); Department of Labor, 200 Constitution Bureau of Land Management, 7450 three representatives of employers (at Avenue, NW., Suite N–5677, Boston Boulevard, Springfield, Virginia least one of whom shall be Washington, DC 20210. 22153. Attn: Cadastral Survey. representative of employers maintaining Recommendations must be delivered or SUPPLEMENTARY INFORMATION: This or contributing to multi employer mailed on or before October 1, 2002. survey was requested by the Bureau of plans); one representative each from the Recommendations may be in the form of Indian Affairs and the Lac Courte fields of insurance, corporate trust, a letter, resolution or petition, signed by Oreilles Tribal Governing Board because actuarial counseling, investment the person making the recommendation of extensive obliteration of original counseling, investment management or, in the case of a recommendation by corner evidence within the reservation and accounting; and three an organization, by an authorized boundaries. The plat of survey represent representatives from the general public representative of the organization. the dependent resurvey of a portion of (one of whom shall be a person representing those receiving benefits Signed at Washington, DC, this 21st day of the south, east, west and north August, 2002. from a pension plan). No more than boundaries, a portion of the Ann L. Combs, subdivisional lines, the subdivision of eight members of the Council shall be members of the same political party. Assistant Secretary of Labor, Pension and certain sections, the reestablishment of Welfare Benefits Administration. a portion of the record meander line, a Members shall be persons qualified to [FR Doc. 02–21760 Filed 8–26–02; 8:45 am] survey of a portion of the present appraise the programs instituted under shoreline of Devils Lake, the ERISA. Appointments are for terms of BILLING CODE 4510–23–M apportionment of the shoreline to three years. The prescribed duties of the Council are to advise the Secretary with original lots 2 and 3 in section 23 and DEPARTMENT OF LABOR original lots 3, 4, 5 and 6 in section 26, respect to the carrying out of his or her and the corrective resurvey of a portion functions under ERISA, and to submit to Occupational Safety and Health of the south and north boundaries, the Secretary, or his or her designee, Administration certain subdivisional lines and the recommendations with respect thereto. subdivision of section 7, Township 39 The Council will meet at least four [Docket No. ICR 1218–0209 2002] times each year, and recommendations North, Range 8 West, Fourth Principal Proposed Information Collection of the Council to the Secretary will be Meridian, in the state of Wisconsin, and Request Submitted for Public included in the Secretary’s annual were accepted August 7, 2002. Comment and Recommendations; report to the Congress on ERISA. We will place a copy of the plat OSHA Data Initiative (1218–0209) previously described in the open files. The terms of five members of the It will be available to the public as a Council expire on November 14, 2002. ACTION: Notice. matter of information. The groups or fields they represented If BLM receives a protest against this are as follows: SUMMARY: The Department of Labor, as • survey, as shown on the plat, prior to Employee organizations (this part of its continuing effort to reduce the date of the official filing, we will person must represent an organization paperwork and respondent burden, stay the filing pending our whose members participate in a multi- conducts a pre-clearance consultation consideration of the protest. We will not employer plan); program to provide the general public • officially file the plat until the day after Corporate trust (a person and Federal agencies with an we have accepted or dismissed all representing financial institutions opportunity to comment on proposed protests and they have become final, which serve as trustees or custodians for and/or continuing collections of including decisions on appeals. employee benefit plans); information in accordance with the • Investment management (an Paperwork Reduction Act of 1995 Dated: August 20, 2002. investment manager for a private-sector (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This Stephen D. Douglas, pension plan or a representative of an program helps to ensure that requested Chief Cadastral Surveyor. investment management firm); data can be provided in the desired [FR Doc. 02–21730 Filed 8–26–02; 8:45 am] • Employer (a single employer or a format, reporting burden (time and BILLING CODE 4310–GJ–P representative of an organization financial resources) is minimized,

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collection instruments are clearly Initiative information collection request, DEPARTMENT OF LABOR understood, and the impact of collection contact OSHA’s Web page on the requirements on respondents can be Internet at http://www.osha-slc.gov/ Occupational Safety and Health properly assessed. Currently, the OCIS/Info_coll.html. Administration Occupational Safety and Health SUPPLEMENTARY INFORMATION: [Docket No. ICR–1218–0202(2002)] Administration (OSHA) is soliciting comments concerning the proposed I. Background Standard on Hazardous Waste extension of the information collection To meet many of OSHA’s program Operations and Emergency Response request for the OSHA Data Initiative. A needs, OSHA is proposing to continue (HAZWOPER); Extension of the Office copy of the proposed information its data initiative to collect occupational of Management and Budget’s Approval collection request (ICR) can be obtained injury and illness data and information of Information-Collection (Paperwork) by contacting the office listed below in on the number of workers employed and Requirements the ADDRESSES section of this notice. the number of hours worked from AGENCY: Occupational Safety and Health DATES: Written comments must be establishments in portions of the private Administration (OSHA), Labor. submitted to the office listed in the sector and from some state and local addressee section below on or before government agencies. OSHA will collect ACTION: Request for comment. October 28, 2002. calendar year 2002 data from up to SUMMARY: OSHA requests comment The Department of Labor is 109,000 employers already required to concerning its proposed extension of the particularly interested in comments create and maintain records pursuant to information-collection requirements which: 29 CFR part 1904. These data will allow specified by its Standard on Hazardous • Evaluate whether the proposed OSHA to calculate occupational injury Waste Operations and Emergency collection of information is necessary and illness rates and to focus its efforts Response (HAZWOPER) (29 CFR for the proper performance of the on individual workplaces with ongoing 1910.120). Section 126(e) of the functions of the agency, including serious safety and health problems. ‘‘Superfund Amendments and whether the information will have Successful implementation of the data Reauthorization Act of 1986’’ practical utility; collection initiative is critical to OSHA’s • (SARA)(Pub. L. 99–499) which became Evaluate the accuracy of the outreach and enforcement efforts and law on October 17, 1986, required the agency’s estimate of the burden of the the data requirements tied to the Secretary of Labor, pursuant to section proposed collection of information, Government Performance and Results 6(b) of the Occupational Safety and including the validity of the Act (GPRA). methodology and assumptions used; Health Act of 1970 (the Act), to • Enhance the quality, utility, and II. Current Actions promulgate standards for the safety and health protection of employees engaged clarity of the information to be This notice requests public comment in hazardous waste operations and collected; and on an extension of the current OMB • emergency response. Section 126(a) of Minimize the burden of the approval of the paperwork requirements SARA also specified that those collection of information on those who for the OSHA Data Initiative system. standards were to become effective a are to respond, including through the Type of Review: Extension of year after publication. Section 126(b) use of appropriate automated, currently approved collection. electronic, mechanical, or other lists 11 worker protections provisions Agency: Occupational Safety and technological collection techniques or that the Secretary of Labor had to Health Administration. other forms of information technology, include in OSHA’s final standard. Those Title: OSHA Data Initiative. e.g., permitting electronic submissions provisions require OSHA to address the OMB Number: 1218–0209. of responses. preparation of various written programs, Agency Number: ICR 1218–0209– ADDRESSES: Comments are to be plans and records; the training of 2002. employees; the monitoring of airborne submitted to the Docket Office, Docket Affected Public: Business or other for- No. ICR 1218–0209 2002, U.S. hazards; the conduct of medical profit, Farms, and State, Local or Tribal surveillance; and the distribution of Department of Labor, Room N–2625, Government. 200 Constitution Ave., NW., information to employees. The Cite/Reference/Form/etc: OSHA Form Washington, DC 20210, telephone (202) provisions also require the collection of 196A and OSHA Form 196B. 693–2350. Written comments limited to information from employers engaged in Total Respondents: 109,000. 10 pages or less in length may be hazardous waste operations and their Frequency: Annually. transmitted by facsimile to (202) 693– emergency response to such operations. 1648. Average Time per Response: 10 The final standard covers the provisions minutes. mandated in SARA. FOR FURTHER INFORMATION: Dave Estimated Total Burden Hours: 17,440 Schmidt, Directorate of Information DATES: Submit written comments on or hours. before October 28, 2002. Technology, Office of Statistics, Comments submitted in response to ADDRESSES: Submit written comments Occupational Safety and Health this comment request will be to the Docket Office, Docket No. ICR– Administration, U.S. Department of summarized and/or included in the 1218–0202(2002), OSHA, U.S. Labor, Room N3644, 200 Constitution request for Office of Management and Department of Labor, Room N–2625, Avenue, NW., Washington, DC 20210, Budget approval of the information 200 Constitution Avenue, NW., telephone: (202) 693–1886. Copies of collection request; they will also Washington, DC 20201; telephone: (202) the referenced information collection become a matter of public record. request are available for inspection and 693–2350. Commenters may transmit copying in the Docket Office and will be Dated: August 16, 2002. written comments of 10 pages or less by mailed to persons who request copies by John L. Henshaw, facsimile to (202) 693–1648. telephoning Dave Schmidt at (202) 693– Assistant Secretary. FOR FURTHER INFORMATION CONTACT: 1886 or Todd Owen at (202) 693–2444. [FR Doc. 02–21758 Filed 8–26–02; 8:45 am] Theda Kenney, Directorate of Safety For electronic copies of the OSHA Data BILLING CODE 4510–26–M Standards Programs, OSHA, U.S.

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Department of Labor, Room N–3609, • The accuracy of OSHA’s estimate of DEPARTMENT OF LABOR 200 Constitution Avenue, NW., the burden (time and costs) of the Washington, DC 20210; telephone (202) information-collection requirements, Pension and Welfare Benefits 693–2222. A copy of the Agency’s including the validity of the Administration Information-Collection Request (ICR) methodology and assumptions used; Working Group on Orphan Plans; supporting the need for the collections • The quality, utility, and clarity of of information collection specified by the information collected; and Advisory Council on Employee Welfare and Pension Benefits Plans Notice of the Standard on Hazardous Waste • Operations and Emergency Response Ways to minimize the burden on Meeting (HAZWOPER) is available for inspection employers who must comply; for and copying in the Docket Office, or by example, by using automated or other Pursuant to the authority contained in requesting a copy from Theda Kenney at technological information collection section 512 of the Employee Retirement (202) 693–2222, or Todd Owen at (202) and transmission techniques. Income Security Act of 1974 (ERISA), 29 693–2444. For electronic copies of the III. Proposed Actions U.S.C. 1142, a public meeting will be ICR, contact OSHA on the Internet at held Wednesday, September 18, 2002, http://www.osha.gov and select OSHA proposes to extend the Office of the Advisory Council on Employee ‘‘Information Collection Requests.’’ of Management and Budget’s (OMB) Welfare and Pension Benefit Plans approval of the collection-of- SUPPLEMENTARY INFORMATION Working Group assigned to study information requirements specified by orphan plans, which are plans 1. Background the Standard on Hazardous Waste abandoned by all plan fiduciaries The Department of Labor, as part of its Operations and Emergency Response designated to manage and operate the continuing effort to reduce paperwork (HAZWOPER) (29 CFR 1910.120). The plans and their assets. Without a plan Agency will summarize the comments and respondent (i.e., employer) burden, sponsor or fiduciary, participants and submitted in response to this notice, conducts a preclearance consultation beneficiaries cannot receive pension and will include this summary in the program to provide the public with an distributions or make inquiries about request to OMB to extend the approval opportunity to comment on proposed their benefits. and continuing information-collection of these information-collection The session will take place in Room requirements in accordance with the requirements. N–5437 A–C, U.S. Department of Labor Paperwork Reduction Act of 1995 Type of Review: Extension of a Building, Second and Constitution (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This currently-approval information- program ensures that information is in collection requirement. Avenue, NW., Washington, DC 20210. the desired format, reporting burden The purpose of the open meeting, which Title: Hazardous Waste Operations will run from 9:30 a.m. to (time and costs) is minimal, collection and Emergency Response (29 CFR approximately 4 p.m., is for working instruments are understandable, and 1910.120). OSHA’s estimate of the information- group members to hear testimony on the OMB Number: 1218–0202. collection burden is correct. issue and discuss what they want to The Standard specifies a number of Affected Public: Business or other for- include in their report they are collection of information (paperwork) profit; not-for profit institutions, Federal preparing for the Secretary of Labor. requirements. Employers can use the government; State, local, or tribal Members of the public are encouraged information collected under the governments. to file a written statement pertaining to HAZWOPER rule to develop the various Number of Respondents: 37,762. the topic by submitting 20 copies on or programs the standard requires and to Frequency of Recordkeeping: Varies before September 12, 2002, to Sharon ensure that their employees are trained (on occasion; annually). Morrissey, Executive Secretary, ERISA properly about the safety and health Average Time per Response: Varies Advisory Council, U.S. Department of hazards associated with hazardous Labor, Room N–5677, 200 Constitution waste operations and emergency from five minutes (.08 hours) to 64 hours. Avenue, NW, Washington, DC 20210. response to hazardous waste releases. Individuals or representatives of OSHA will use the records developed in Total Annual Hours Requested: organizations wishing to address the response to this standard to determine 1,404,369. Working Group should forward their compliance with the safety and health Total Annual Costs (O&M): request to the Executive Secretary or provisions. The employer’s failure to $4,668,300. telephone (202) 693–8668. Oral collect and distribute the information IV. Authority and Signature presentations will be limited to 20 required in this standard will affect minutes, but an extended statement may significantly OSHA’s effort to control John L. Henshaw, Assistant Secretary be submitted for the record. Individuals and reduce injuries and fatalities. Such of Labor for Occupational Safety and with disabilities who need special failure would also be contrary to the Health, directed the preparation of this accommodations should contact Sharon direction Congress provided in the notice. The authority for this notice is Morrissey by September 12, at the Superfund Amendments and the Paperwork Reduction Act of 1995 address indicated in this notice. Reauthorization Act of 1986 (SARA). (44 U.S.C. 3506), and Secretary of Organizations or individuals may also Labor’s Order No. 3–2000 (65 FR II. Special Issues for Comment submit statements for the record 50017). OSHA has a particular interest in without testifying. Twenty (20) copies of comments on the following issues: Dated: Signed at Washington, DC on such statements should be sent to the • Whether the proposed information- August 21, 2002. Executive Secretary of the Advisory collection requirements are necessary John L. Henshaw, Council at the above address. Papers for the proper performance of the Assistant Secretary of Labor. will be accepted and included in the Agency’s functions, including whether [FR Doc. 02–21759 Filed 8–26–02; 8:45 am] record of the meeting if received on or the information is useful; BILLING CODE 4510–26–M before September 12.

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Signed at Washington, DC, this 21st day of Signed at Washington, DC, this 21st day of will be accepted and included in the August 2002. August 2002. record of the meeting if received on or Ann L. Combs, Ann L. Combs, before September 12. Assistant Secretary, Pension and Welfare Assistant Secretary, Pension and Welfare Signed at Washington, DC, this 21st day of Benefits Administration. Benefits Administration. August 2002. [FR Doc. 02–21761 Filed 8–26–02; 8:45 am] [FR Doc. 02–21762 Filed 8–26–02; 8:45 am] Ann L. Combs, BILLING CODE 4510–29–M BILLING CODE 4510–29–M Assistant Secretary, Pension and Welfare Benefits Administration. [FR Doc. 02–21763 Filed 8–26–02; 8:45 am] DEPARTMENT OF LABOR DEPARTMENT OF LABOR BILLING CODE 4510–29–M Pension and Welfare Benefits Pension and Welfare Benefits Administration Administration DEPARTMENT OF LABOR 119th Full Meeting of the Advisory Working Group on Electronic Council on Employee Welfare and Reporting; Advisory Council on Pension and Welfare Benefits Pension Benefits Plans; Notice of Employee Welfare and Pension Administration Benefits Plans; Notice of Meeting Meeting Working Group on Education and Pursuant to the authority contained in Pursuant to the authority contained in Training of Plan Fiduciaries; Advisory section 512 of the Employee Retirement section 512 of the Employee Retirement Council on Employee Welfare and Income Security Act of 1974 (ERISA), 29 Income Security Act of 1974 (ERISA), 29 Pension Benefits Plans; Notice of U.S.C. 1142, the 119th open meeting of U.S.C. 142, a public meeting will be Meeting the full Advisory Council on Employee held Friday, September 20, 2002, of the Advisory Council on Employee Welfare Pursuant to the authority contained in Welfare and Pension Benefit Plans will section 512 of the Employee Retirement be held Thursday, September 19, 2002, and Pension Benefit Plans Working Group assigned to study electronic Income Security Act of 1974 (ERISA), 29 in Conference Room N–5437 A–C, U.S. U.S.C. 1142, the Working Group Department of Labor Building, 200 reporting. The purpose of the working group is to identify and prioritize assigned by the Advisory Council on Constitution Avenue, NW, Washington, Employee Welfare and Pension Benefit DC 20210. opportunities for DOL to leverage the use of information and services to its Plans to study the issue of educating The purpose of the meeting, which and training plan fiduciaries will hold will begin at 4 p.m. and end at key stakeholders, including plan participants and beneficiaries, plan an open public meeting on Thursday, approximately 5 p.m., is for members to September 19, 2002, in Room N–5437, be updated on activities of the Pension sponsors, auditors, investment advisors and the general public. A–C, U.S. Department of Labor and Welfare Benefits Administration The session will take place in Room Building, 200 Constitution Avenue, NW, and for chairs of this year’s working N–5437 A–C, U.S. Department of Labor Washington, DC 20210. The purpose of groups to provide progress reports on Building, 200 Constitution Avenue, the Working Group is to study means by their individual study topics. NW., Washington, DC 20210. The which the Labor Department could Members of the public are encouraged purpose of the open meeting, which will effectively promote and improve the to file a written statement pertaining to run from 9 a.m. to approximately 3 p.m., education and training of employee any topics the Council may be studying with a one-hour lunch break at noon, is benefit plan fiduciaries. during 2002 by submitting 20 copies on for working group members to hear from The purpose of the open meeting, before September 12, 2002 to Sharon select witnesses on the issue. which will run from 9 a.m. to Morrissey, Executive Secretary, ERISA Members of the public are encouraged approximately 4 p.m. with a one-hour Advisory Council, U.S. Department of to file a written statement pertaining to lunch break at noon, is for Working Labor, Suite N–5677, 200 Constitution the topic by submitting 20 copies on or Group members to hear testimony from Avenue, NW, Washington, DC 20210. before September 12, 2002, to Sharon invited witnesses. Individuals or representatives of Morrissey, Executive Secretary, ERISA Members of the public are encouraged organizations wishing to address the Advisory Council, U.S. Department of to file a written statement pertaining to Advisory Council should forward their Labor, Room N–5677, 200 Consitution the topic by sending 20 copies on or requests to the Executive Secretary or Avenue, NW., Washington, DC 20210. before September 12, 2002, to Sharon telephone (202) 693–8668. Oral Individuals or representatives of Morrissey, Executive Secretary, ERISA presentations will be limited to ten organizations wishing to address the Advisory Council, U.S. Department of minutes, time permitting, but an Working Group should forward their Labor, Room N–5677,200 Constitution extended statement may be submitted request to the Executive Secretary or Avenue, NW, Washington, DC 20210. for the record. Individuals with telephone (202) 693–8668. Oral Individuals or representatives of disabilities who need special presentations will be limited to 20 organizations wishing to address the accommodations should contact Sharon minutes, but an extended statement may Working Group should forward their Morrissey by September 12 at the be submitted for the reocrd. Individuals request to the Executive Secretary or address indicated. with disabilities who need special telephone (202) 693–8668. Oral Organizations or individuals may also accommodations should contact Sharon presentations will be limited to 20 submit statements for the record Morrissey by September 12, at the minutes, but an extended statement may without testifying. Twenty (20) copies of address indicated in this notice. be submitted for the record. Individuals such statements should be sent to the Organizations or individuals may also with disabilities who need special Executive Secretary of the Advisory submit statements for the record accommodations should contact Sharon Council at the above address. Papers without testifying. Twenty (20) copies of Morrissey by September 12, at the will be accepted and included in the such statements should be sent to the address indicated in this notice. record of the meeting if received on or Executive Secretary of the Advisory Organizations or individuals may also before September 12, 2002. Council at the above address. Papers submit statements for the record

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without testifying. Twenty (20) copies of Washington, DC 20506, 202/682–5532, NUCLEAR REGULATORY such statements should be sent to the TDY-TDD 202/682–5496, at least seven COMMISSION Executive Secretary of the Advisory (7) days prior to the meeting. Documents Containing Reporting or Council at the above address. Papers Further information with reference to will be accepted and included in the Recordkeeping Requirements: Office this meeting can be obtained from Ms. record of the meeting if received on or of Management and Budget (OMB) Kathy Plowitz-Worden, Office of before September 12. Review Guidelines & Panel Operations, National Signed at Washington, DC this 27th day of Endowment for the Arts, Washington, AGENCY: Nuclear Regulatory August, 2002. DC 20506, or call 202/682–5691. Commission (NRC). Ann L. Combs, Dated: August 21, 2002. ACTION: Notice of the OMB review of Assistant Secretary, Pension and Welfare information collection and solicitation Benefits Administration. Kathy Plowitz-Worden, of public comment. [FR Doc. 02–21764 Filed 8–26–02; 8:45 am] Panel Coordinator, , Panel Operations, BILLING CODE 4510–29–M National Endowment for the Arts. SUMMARY: The NRC has recently [FR Doc. 02–21745 Filed 8–26–02; 8:45 am] submitted to OMB for review the BILLING CODE 7537–01–P following proposal for the collection of NATIONAL FOUNDATION ON THE information under the provisions of the ARTS AND THE HUMANITIES Paperwork Reduction Act of 1995 (44 NATIONAL FOUNDATION ON THE U.S.C. Chapter 35). National Endowment for the Arts ARTS AND THE HUMANITIES 1. Type of submission, new, revision, or extension: Revision. Fellowships Advisory Panel National Endowment for the Arts 2. The title of the information Pursuant to section 10(a)(2) of the collection: Proposed rule, 10 CFR parts Federal Advisory Committee Act (Pub. Leadership Initiatives Advisory Panel 72 and 73, ‘‘Event Notification L. 92–463), as amended, notice is hereby Requirements.’’ given that a meeting of the Fellowships Pursuant to section 10(a)(2) of the 3. The form number if applicable: Not Advisory Panel, Literature Section Federal Advisory Committee Act (Pub. applicable. (Poetry and Translation Fellowships) L. 92–463), as amended, notice is hereby 4. How often the collection is will be held on September 23–26, 2002 given that a meeting of the Leadership required: The information must be in Room M–07 of the Nancy Hanks Initiatives Advisory Panel, submitted following the occurrence of Center, 1100 Pennsylvania Avenue, AccessAbility Section, will be held by certain specified events. These events NW., Washington, DC 20506. A portion teleconference from 2 p.m.–3:30 p.m. on are infrequent and occur at of this meeting, from 11 a.m. to 12:30 Monday, September 9, 2002 in Room unpredictable times. Following p.m., will be open to the public for 528 at the Nancy Hanks Center, 1100 telephonic reports of some of these policy discussion. The remaining Pennsylvania Avenue, NW., events, a followup written report must portions of this meeting, from 9 a.m. to Washington, DC 20506. be submitted within 60 days of the 6 p.m. on September 23, from 9 a.m. to initial telephonic report. This meeting is for the purpose of 6:30 p.m. on September 24–25, and from 5. Who is required or asked to report: Panel review, discussion, evaluation, 9 a.m. to 11 a.m. and 12:30 p.m. to 5 All specific licensees or general p.m. on September 26, will be closed. and recommendations on financial licensees who possess special nuclear The closed portions of this meeting assistance under the National material at fixed sites and in transit and are for the purpose of Panel review, Foundation on the Arts and the plants in which special nuclear material discussion, evaluation, and Humanities Act of 1965, as amended, is used. recommendation on applications for including information given in 6. An estimate of the number of financial assistance under the National confidence to the agency. In accordance responses: 212; 29 responses for part 72 Foundation on the Arts and the with the determination of the Chairman and 183 responses for part 73. Humanities Act of 1965, as amended, of May 2, 2002, these sessions will be 7. The estimated number of annual including information given in closed to the public pursuant to respondents: 21 part 72 NRC licensees confidence to the agency by grant subsection (c)(4), (6) and (9)(B) of and 204 part 73 NRC licensees. applicants. In accordance with the section 552b of Title 5, United States 8. An estimate of the total number of determination of the Chairman of May Code. hours needed annually to complete the requirement or request: 3,300; part 72— 2, 2002, these sessions will be closed to Further information with reference to 707 reporting hours for NRC licensees; the public pursuant to (c)(4)(6) and this meeting can be obtained from Ms. (9)(B) of section 552b of Title 5, United part 73—2,592 reporting hours for NRC Kathy Plowitz-Worden, Panel States Code. licensees, or an average of 24 hours per Any person may observe meetings, or Coordinator, National Endowment for response for part 72 and 13 hours per portions thereof, of advisory panels that the Arts, Washington, DC 20506, or call response for part 73. are open to the public, and, if time 202/682–5691. 9. An indication of whether Section allows, may be permitted to participate Dated: August 21, 2002. 3507(d), Public Law 104–13 applies: Not in the panel’s discussions at the Kathy Plowitz-Worden, applicable. 10. Abstract: Part 72 establishes discretion of the panel chairman and Panel Coordinator, Panel Operations, licensing requirements for the with the approval of the full-time National Endowment for the Arts. Federal employee in attendance. independent storage of spent nuclear If you need special accommodations [FR Doc. 02–21744 Filed 8–26–02; 8:45 am] fuel and high-level radioactive waste. It due to a disability, please contact the BILLING CODE 7537–01–P prescribes requirements both for Office of AccessAbility, National specific licenses for independent spent Endowment for the Arts, 1100 fuel storage installations and for general Pennsylvania Avenue, NW., licenses for storage of spent fuel at

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power reactor sites. Section 72.75 Dated at Rockville, Maryland, this 20th day Commission is imposing interim establishes reporting requirements for of August 2002. requirements, set forth in Attachment specific events and conditions, For the Nuclear Regulatory Commission. 1 1 of this Order, which supplement including both emergency notifications Brenda Jo. Shelton, existing regulatory requirements, to and non-emergency notifications, NRC Clearance Officer, Office of the Chief provide the Commission with occurring at spent fuel storage Information Officer. reasonable assurance that the public installations. Some of the requirements [FR Doc. 02–21748 Filed 8–26–02; 8:45 am] health and safety and common defense are for information which must be BILLING CODE 7590–01–P and security continue to be adequately submitted by telephone to NRC’s protected in the current threat Operations Center. Other requirements environment. These requirements will are for written followup reports. Section NUCLEAR REGULATORY remain in effect pending notification 72.216 specifies the applicability of the COMMISSION from the Commission that a significant reporting requirements in 10 CFR 72.75. change in the threat environment [Docket No. 70–27; License No. SNM–42] Part 73 establishes requirements for the occurs, or if the Commission determines physical protection of special nuclear BWX Technologies, Inc., Lynchburg, that other changes are needed. material at fixed sites and in transit and VA; Order Modifying License (Effective The Commission recognizes that some of plants where special nuclear material Immediately) of the requirements set forth in is used. Section 73.71 establishes Attachment 1 2 to this Order may reporting requirements for safeguards I already have been initiated by BWXT in events, including both initial telephone (BWXT) is the holder of Special response to previously issued notification to the NRC Operations Nuclear Material License SNM–42 advisories, or on its own. It is also Center and written followup reports. issued by the U.S. Nuclear Regulatory recognized that some measures may Appendix G to part 73 defines the (NRC or Commission) pursuant to 10 need to be tailored to specifically reportable safeguards. CFR part 70. BWXT is authorized by accommodate the specific Submit, by September 26, 2002, their license to receive, possess, and circumstances and characteristics comments that address the following transfer byproduct, source material, and existing at BWXT’s facility to achieve questions: special nuclear material in accordance the intended objectives and avoid any 1. Is the proposed collection of with the Atomic Energy Act of 1954, as unforeseen effect on safe operation. information necessary for the NRC to amended, and 10 CFR part 70. The Although BWXT’s response to the properly perform its functions? Does the BWXT license, originally issued on Safeguards and Threat Advisories has information have practical utility? August 22, 1956, was renewed on been adequate to provide reasonable 2. Is the burden estimate accurate? October 1, 1995, and is due to expire on assurance of adequate protection of 3. Is there a way to enhance the September 30, 2005. public health and safety, the quality, utility, and clarity of the Commission believes that the response information to be collected? II must be supplemented because of the 4. How can the burden of the On September 11, 2001, terrorists current threat environment. As a result, information collection be minimized, simultaneously attacked targets in New it is appropriate to require certain including the use of automated York, NY, and Washington, DC, security measures so that they are collection techniques or other forms of utilizing large commercial aircraft as maintained within the established information technology? weapons. In response to the attacks and regulatory framework. In order to A copy of the submittal may be intelligence information subsequently provide assurance that BWXT is viewed free of charge at the NRC Public obtained, the Commission issued a implementing prudent measures to Document Room, One White Flint number of Safeguards and Threat achieve an adequate level of protection North, 11555 Rockville Pike, Room O– Advisories to its licensees in order to to address the current threat 1 F23, Rockville, MD 20852. The strengthen licensees’ capabilities and environment, Special Nuclear Materials proposed rule indicated in ‘‘The title of readiness to respond to a potential License SNM–42 shall be modified to the information collection’’ is or has attack on a nuclear facility. The include the requirements identified in been published in the Federal Register Commission has also communicated Attachment 1 to this Order. In addition, within several days of the publication with other Federal, State and local pursuant to 10 CFR 2.202 and 70.81, I date of this Federal Register Notice. The government agencies and industry find that, in the circumstances OMB clearance package and rule are representatives to discuss and evaluate described above, the public health, available at the NRC worldwide web the current threat environment in order safety and interest and the common site: http://www.nrc.gov/public-involve/ to assess the adequacy of security defense and security require that this doc-comment/omb/index.html for 60 measures at licensed facilities. In Order be immediately effective. days after the signature date of this addition, the Commission has been III notice and are also available at the rule conducting a comprehensive review of Accordingly, pursuant to sections 63, forum site, http://ruleforum.llnl.gov. its safeguards and security programs 81, 161b, 161i, 161o, 182 and 186 of the Comments and questions should be and requirements. Atomic Energy Act of 1954, as amended, directed to the OMB reviewer by As a result of its consideration of and the Commission’s regulations in 10 September 26, 2002: Bryon Allen, Office current safeguards and security plan of Information and Regulatory Affairs requirements, as well as a review of 1 Attachment 1 contains classified information (3150–0002 and –0132), NEOB–10202, information provided by the intelligence and will not be released to the public. Office of Management and Budget, community, the Commission has 2 To the extent that specific measures identified Washington DC 20503. determined that certain compensatory in Attachment 1 to this Order require actions Comments can also be submitted by measures are required to be pertaining to BWXT’s possession and use of telephone at (202) 395–3087. chemicals, such actions are being directed on the implemented by BWXT as prudent, basis of the potential impact of such chemicals on The NRC Clearance Officer is Brenda interim measures to address the current radioactive materials and activities subject to NRC Jo. Shelton, 301–415–7233. threat environment. Therefore, the regulation.

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CFR 2.202 and 10 CFR part 70, it is Commission determines that other other than BWXT requests a hearing, hereby ordered, effective immediately, changes are needed. that person shall set forth with that special nuclear materials license BWXT’s responses to Conditions B.1, particularity the manner in which his SNM–42 is modified as follows: B.2, C.1, and C.2, above shall be interest is adversely affected by this A. BWXT shall, notwithstanding the submitted in accordance with 10 CFR Order and shall address the criteria set provisions of any Commission 70.5. In addition, BWXT’s submittals forth in 10 CFR 2.714(d). 3 that contain classified information shall regulation or license to the contrary, If a hearing is requested by BWXT or comply with the requirements described be properly marked and handled in a person whose interest is adversely in Attachment 1 to this Order. BWXT accordance with 10 CFR 95.39. affected, the Commission will issue an shall immediately start implementation The Director, Office of Nuclear Order designating the time and place of of the requirements in Attachment 1 to Material Safety and Safeguards, may, in any hearing. If a hearing is held, the the Order and shall complete writing, modify, relax or rescind any of issue to be considered at such hearing implementation, unless otherwise the above conditions upon shall be whether this Order should be specified in Attachment 1 to this order, demonstration by BWXT of good cause. sustained. no later than February 28, 2003. IV B.1. BWXT shall, within twenty (20) Pursuant to 10 CFR 2.202(c)(2)(i), days of the date of this Order, notify the In accordance with 10 CFR 2.202 and BWXT may, in addition to demanding a Commission, (1) if it is unable to 70.81, BWXT must, and any other hearing, at the time the answer is filed comply with any of the requirements person adversely affected by this Order or sooner, move the presiding officer to described in Attachment 1, (2) if may, submit an answer to this Order, set aside the immediate effectiveness of compliance with any of the and may request a hearing on this the Order on the ground that the Order, requirements is unnecessary in its Order, within twenty (20) days of the including the need for immediate specific circumstances, or (3) if date of this Order. Where good cause is effectiveness, is not based on adequate implementation of any of the shown, consideration will be given to evidence but on mere suspicion, requirements would cause BWXT to be extending the time to request a hearing. unfounded allegations, or error. A request for extension of time in which in violation of the provisions of any In the absence of any request for to submit an answer or request a hearing Commission regulation or its license. hearing, or written approval of an must be made in writing to the Director, The notification shall provide BWXT’s extension of time in which to request a justification for seeking relief from or Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory hearing, the provisions specified in variation of any specific requirement. Section III above shall be final twenty 2. If BWXT considers that Commission, Washington, DC 20555, (20) days from the date of this Order implementation of any of the and include a statement of good cause without further order or proceedings. If requirements described in Attachment 1 for the extension. The answer may an extension of time for requesting a to this Order would adversely impact consent to this Order. Unless the answer hearing has been approved, the safe operation of its facility, BWXT must consents to this Order, the answer shall, provisions specified in Section III shall notify the Commission, within twenty in writing and under oath or be final when the extension expires if a (20) days of this Order, of the adverse affirmation, specifically set forth the hearing request has not been received. safety impact, the basis for its matters of fact and law on which BWXT An answer or a request for hearing shall determination that the requirement has or other person adversely affected relies not stay the immediate effectiveness of an adverse safety impact, and either a and the reasons as to why the Order this order. proposal for achieving the same should not have been issued. Any objectives specified in the Attachment 1 answer or request for a hearing shall be Dated this 21st day of August, 2002. requirement in question, or a schedule submitted to the Secretary, U.S. Nuclear For the Nuclear Regulatory Commission. for modifying the facilities to address Regulatory Commission, Attn: Martin J. Virgilio, the adverse safety condition. If neither Rulemakings and Adjudications Staff, Director, Office of Nuclear Material Safety approach is appropriate, BWXT must Washington, DC 20555. Copies also and Safeguards. supplement its response to Condition shall be sent to the Director, Office of [FR Doc. 02–21747 Filed 8–26–02; 8:45 am] Nuclear Material Safety and Safeguards, B1 of this Order to identify the BILLING CODE 7590–01–P condition as a requirement with which and the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, it cannot comply, with attendant 3 The most recent version of Title 10 of the Code justifications as required in Condition Washington, DC 20555, to the Assistant of Federal Regulations, published January 1, 2002, B1. General Counsel for Materials Litigation inadvertently omitted the last sentence of 10 CFR C.1. BWXT shall, within twenty (20) and Enforcement, at the same address, 2.714(d) and subparagraphs (d)(1) and (2), regarding days of the date of this Order, submit to to the Regional Administrator, NRC petitions to intervene and contentions. Those provisions are extant and still applicable to the Commission, a schedule for Region II, Sam Nunn Atlanta Federal petitions to intervene. Those provisions are as achieving compliance with each Center, Suite 23 T85, 61 Forsyth Street, follows: ‘‘In all other circumstances, such ruling requirement described in Attachment 1. SW, Atlanta, GA 30303–3415, and to body or officer shall, in ruling on—(1) A petition 2. BWXT shall report to the BWXT if the answer or hearing request for leave to intervene or a request for hearing, consider the following factors, among other things: Commission when it has achieved full is by a person other than BWXT. (i) The nature of the petitioner’s right under the Act compliance with the requirements Because of continuing disruptions in to be made a party to the proceeding. (ii) The nature described in Attachment 1. delivery of mail to United States and extent of the petitioner’s property, financial, or D. Notwithstanding any provision of Government offices, it is requested that other interest in the proceeding. (iii) The possible effect of any order that may be entered in the the Commission’s regulations to the answers and requests for hearing be proceeding on the petitioner’s interest. (2) The contrary, all measures implemented or transmitted to the Secretary of the admissibility of a contention, refuse to admit a actions taken in response to this Order Commission either by means of contention if: (i) The contention and supporting shall be maintained pending facsimile transmission to 301–415–1101 material fail to satisfy the requirements of paragraph (b)(2) of the section; or (ii) The notification from the Commission that a or by e-mail to [email protected] contention, if proven, would be of no consequence significant change in the threat and also by e-mail to in the proceeding because it would not entitle environment occurs, or if the [email protected]. If a person petitioner to relief.

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NUCLEAR REGULATORY administrative change revises the LGS consequences of an accident previously COMMISSION TS requirement for Plant Operations evaluated. Review Committee (PORC) member [Docket Nos. 50–352 and 50–353] [Administrative Changes] composition replacing ‘‘Experience The proposed TS and licensing basis Exelon Generation Company, LLC; Assessment’’ with ‘‘Regulatory changes are administrative changes to Notice of Consideration of Issuance of Assurance’’ to reflect the licensee’s eliminate obsolete position and work Amendments to Facility Operating organizational changes. The licensee group titles and incorporate the License, Proposed No Significant provided its analysis of the issue of equivalent titles in use by EGC at other Hazards Consideration Determination, NSHC for these proposed changes in its fleet nuclear facilities. and Opportunity for a Hearing application. Before issuance of the proposed These changes do not involve any The U.S. Nuclear Regulatory license amendment, the Commission physical change to structures, systems, Commission (the Commission) is will have made findings required by the or components (SSCs) and does not alter considering issuance of an amendment Atomic Energy Act of 1954, as amended the method of operation or control of to Facility Operating Licenses Nos. (the Act), and the Commission’s SSCs. The current assumptions in the NPR–39 and NPF–85 issued to Exelon regulations. safety analysis regarding accident Generation Company, LLC (the licensee) The Commission has made a initiators and mitigation of accidents are for operation of the Limerick Generating proposed determination that the unaffected by these administrative Station (LGS), Units 1 and 2, located in amendment request involves NSHC. changes. No additional failure modes or Montgomery County, Pennsylvania. Under the Commission’s regulations in mechanisms are being introduced and The proposed amendment would Title 10 of the Code of Federal the likelihood of previously analyzed modify technical specification (TS) Regulations (10 CFR), Section 50.92, failures remains unchanged. requirements for a missed surveillance this means that operation of the facility The integrity of fission product through revision of Specifications 4.0.1 in accordance with the proposed barriers, plant configuration, and and 4.0.3. The delay period would be amendment would not (1) involve a operating procedures will not be extended from the current limit of significant increase in the probability or affected by these changes. Therefore, the ‘‘* * * up to 24 hours to permit the consequences of an accident previously consequences of previously analyzed completion of the surveillance when the evaluated; or (2) create the possibility of accidents will not increase because of these changes. allowable outage time limits of the a new or different kind of accident from Based on the above discussion, the ACTION requirements are less than 24 any accident previously evaluated; or hours’’ to ‘‘* * * up to 24 hours or up proposed TS changes do not involve a (3) involve a significant reduction in a significant increase in the probability or to the limit of the specified Surveillance margin of safety. As required by 10 CFR time interval, whichever is greater.’’ In consequences of an accident previously 50.91(a), an analysis of the issue of evaluated. addition, the following requirement NSHC is presented below: would be added to Surveillance Criterion 2—The Proposed Change Does Requirement 4.0.3: ‘‘A risk evaluation Criterion 1—The Proposed Change Does Not Create the Possibility of a New or shall be performed for any Surveillance Not Involve a Significant Increase in Different Kind of Accident From Any delayed greater than 24 hours and the the Probability or Consequences of an Previously Evaluated risk impact shall be managed.’’ The Accident Previously Evaluated [Missed Surveillance] proposed revision would also add a TS [Missed Surveillance] Bases Control Program to the LGS TS. The proposed change does not The NRC staff issued a notice of The proposed change relaxes the time involve a physical alteration of the plant opportunity for comment in the Federal allowed to perform a missed (no new or different type of equipment Register on June 14, 2001 (66 FR 32400), surveillance. The time between will be installed) or a change in the on possible amendments concerning surveillances is not an initiator of any methods governing normal plant missed surveillances, including a model accident previously evaluated. operation. A missed surveillance will safety evaluation and model no Consequently, the probability of an not, in and of itself, introduce new significant hazards consideration accident previously evaluated is not failure modes or effects and any (NSHC) determination, using the significantly increased. The equipment increased chance that a standby system consolidated line item improvement being tested is still required to be might fail to perform its safety function process (CLIIP). The NRC staff operable and capable of performing the due to a missed surveillance would not, subsequently issued a notice of accident mitigation functions assumed in the absence of other unrelated availability of the models for referencing in the accident analysis. As a result, the failures, lead to an accident beyond in license amendment applications in consequences of any accident those previously evaluated. The the Federal Register on September 28, previously evaluated are not addition of a requirement to assess and 2001 (66 FR 49714). The licensee significantly affected. Any reduction in manage the risk introduced by the affirmed the applicability of the model confidence that a standby system might missed surveillance will further NSHC determination for amendments fail to perform its safety function due to minimize possible concerns. Thus, this concerning missed surveillances in its a missed surveillance is small and change does not create the possibility of application dated May 14, 2002. would not, in the absence of other a new or different kind of accident from Additionally, two administrative unrelated failures, lead to an increase in any accident previously evaluated. changes are proposed. The first deletes consequences beyond those estimated the position of ‘‘Sr. Manager— by existing analyses. The addition of a [Administrative Changes] Operations’’ and replaces it using an requirement to assess and manage the The proposed TS and licensing basis overall statement referencing the risk introduced by the missed changes are administrative changes to American National Standards Institute surveillance will further minimize eliminate obsolete position and work (ANSI)/American Nuclear Society possible concerns. Therefore, this group titles and incorporate the (ANS) standard 3.1–1978 for change does not involve a significant equivalent titles in use by EGC at other ‘‘Operations Manager’’. The second increase in the probability or fleet nuclear facilities.

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The current accident analysis will The revision of the collective Directives Branch, Division of remain valid following these experience of the PORC membership to Administrative Services, Office of administrative changes to TS. The include Regulatory Assurance Administration, U.S. Nuclear Regulatory changes will not alter the administrative experience is equivalent to the current Commission, Washington, DC 20555– functions that are currently in use. The requirement for Experience Assessment 0001, and should cite the publication qualification requirements for the experience. The functions of the date and page number of this Federal individuals performing the affected TS Regulatory Assurance group remain Register notice. Written comments may administrative functions will remain essentially unchanged due to merger also be delivered to Room 6D59, Two unchanged. initiatives. The Regulatory Assurance White Flint North, 11545 Rockville The proposed TS changes do not group is the site process owner for the Pike, Rockville, Maryland, from 7:30 affect plant design, hardware, system corrective action process (CAP), the self a.m. to 4:15 p.m. Federal workdays. operation, or procedures; therefore, assessment process, the PORC process, Documents may be examined, and/or based on the above discussion, the the commitment tracking process, the copied for a fee, at the NRC’s Public proposed TS changes do not create the operating experience process, support of Document Room, located at One White possibility of a new or different kind of NRC inspections and issue closure. Flint North, 11555 Rockville Pike (first accident from any accident previously Therefore, there is no reduction in floor), Rockville, Maryland. evaluated. PORC member qualification The filing of requests for hearing and requirements due to this change. petitions for leave to intervene is Criterion 3—The Proposed Change Does The requirement for the ‘‘Operations discussed below. Not Involve a Significant Reduction in Manager’’ to hold a senior reactor By September 26, 2002, the licensee the Margin of Safety operator license is equivalent to the may file a request for a hearing with requirement for the Sr. Manager— [Missed Surveillance] respect to issuance of the amendment to Operations or an Operations Manager to the subject facility operating license and The extended time allowed to perform hold a senior reactor operator license. any person whose interest may be a missed surveillance does not result in Based on the above discussion, the affected by this proceeding and who a significant reduction in the margin of proposed TS changes do not involve a wishes to participate as a party in the safety. As supported by the historical significant reduction in a margin of proceeding must file a written request data, the likely outcome of any safety. for a hearing and a petition for leave to surveillance is verification that the LCO The NRC staff has reviewed the intervene. Requests for a hearing and a [Limiting Condition for Operation] is licensee’s incorporation by reference of petition for leave to intervene shall be met. Failure to perform a surveillance the analysis for missed surveillances filed in accordance with the within the prescribed frequency does which is part of the CLIIP, and the Commission’s ‘‘Rules of Practice for not cause equipment to become licensee’s analysis of the administrative Domestic Licensing Proceedings’’ in 10 inoperable. The only effect of the changes. Based on this review, it CFR Part 2. Interested persons should additional time allowed to perform a appears that the three standards of 10 consult a current copy of 10 CFR 2.714,1 missed surveillance on the margin of CFR 50.92(c) are satisfied. Therefore, the which is available at the Commission’s safety is the extension of the time until NRC staff proposes to determine that the Public Document Room, located at One inoperable equipment is discovered to amendment request involves NSHC. White Flint North, 11555 Rockville Pike be inoperable by the missed The Commission is seeking public (first floor), Rockville, Maryland, or surveillance. However, given the rare comments on this proposed electronically on the Internet at the NRC occurrence of inoperable equipment, determination. Any comments received Web site http://www.nrc.gov/reading- and the rare occurrence of a missed within 30 days after the date of rm/doc-collections/cfr/. If there are surveillance, a missed surveillance on publication of this notice will be problems in accessing the document, inoperable equipment would be very considered in making any final contact the Public Document Room unlikely. This must be balanced against determination. Reference staff at 1–800–397–4209, 301– the real risk of manipulating the plant Normally, the Commission will not equipment or condition to perform the issue the amendment until the 1 The most recent version of Title 10 of the Code missed surveillance. In addition, expiration of the 30-day notice period. of Federal Regulations, published January 1, 2002, However, should circumstances change inadvertently omitted the last sentence of 10 CFR parallel trains and alternate equipment 2.714(d) and subparagraphs (d)(1) and (2), regarding are typically available to perform the during the notice period such that failure to act in a timely way would petitions to intervene and contentions. Those safety function of the equipment not provisions are extant and still applicable to tested. Thus, there is confidence that the result, for example, in derating or petitions to intervene. Those provisions are as shutdown of the facility, the follows: ‘‘In all other circumstances, such ruling equipment can perform its assumed body or officer shall, in ruling on—(1) A petition safety function. Therefore, this change Commission may issue the license amendment before the expiration of the for leave to intervene or a request for hearing, does not involve a significant reduction consider the following factors, among other things: 30-day notice period, provided that its in a margin of safety. (i) The nature of the petitioner’s right under the final determination is that the Act to be made a party to the proceeding. Based upon the reasoning presented amendment involves NSHC. The final (ii) The nature and extent of the petitioner’s above and the previous discussion of determination will consider all public property, financial, or other interest in the the amendment request, the requested and State comments received. Should proceeding. change does not involve a significant the Commission take this action, it will (iii) The possible effect of any order that may be hazards consideration. entered in the proceeding on the petitioner’s publish in the Federal Register a notice interest. [Administrative Changes] of issuance and provide for opportunity (2) The admissibility of a contention, refuse to for a hearing after issuance. The admit a contention if: The proposed TS and licensing basis Commission expects that the need to (i) The contention and supporting material fail to changes are administrative changes to satisfy the requirements of paragraph (b)(2) of this take this action will occur very section; or revise current position titles to reflect infrequently. (ii) The contention, if proven, would be of no equivalent position titles in use by EGC Written comments may be submitted consequence in the proceeding because it would at other fleet nuclear facilities. by mail to the Chief, Rules and not entitle petitioner to relief.’’

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415–4737, or by e-mail to [email protected]. amendment under consideration. The LLC, 300 Exelon Way, Kennett Square, If a request for a hearing or petition for contention must be one which, if PA 19348, attorney for the licensee. leave to intervene is filed by the above proven, would entitle the petitioner to Nontimely filings of petitions for date, the Commission or an Atomic relief. A petitioner who fails to file such leave to intervene, amended petitions, Safety and Licensing Board, designated a supplement which satisfies these supplemental petitions and/or requests by the Commission or by the Chairman requirements with respect to at least one for hearing will not be entertained of the Atomic Safety and Licensing contention will not be permitted to absent a determination by the Board Panel, will rule on the request participate as a party. Commission, the presiding officer or the and/or petition; and the Secretary or the Those permitted to intervene become presiding Atomic Safety and Licensing designated Atomic Safety and Licensing parties to the proceeding, subject to any Board that the petition and/or request Board will issue a notice of hearing or limitations in the order granting leave to should be granted based upon a an appropriate order. intervene, and have the opportunity to balancing of the factors specified in 10 As required by 10 CFR 2.714, a participate fully in the conduct of the CFR 2.714(a)(1)(i)–(v) and 2.714(d). petition for leave to intervene shall set hearing, including the opportunity to For further details with respect to this forth with particularity the interest of present evidence and cross-examine action, see the application for the petitioner in the proceeding, and witnesses. amendment dated May 14, 2002, which how that interest may be affected by the If a hearing is requested, the is available for public inspection at the results of the proceeding. The petition Commission will make a final Commission’s PDR, located at One should specifically explain the reasons determination on the issue of NSHC. White Flint North, 11555 Rockville Pike why intervention should be permitted The final determination will serve to (first floor), Rockville, Maryland. with particular reference to the decide when the hearing is held. Publicly available records will be following factors: (1) The nature of the If the final determination is that the accessible from the Agencywide petitioner’s right under the Act to be amendment request involves NSHC, the Documents Access and Management made party to the proceeding; (2) the Commission may issue the amendment System’s (ADAMS) Public Electronic nature and extent of the petitioner’s and make it immediately effective, Reading Room on the Internet at the property, financial, or other interest in notwithstanding the request for a NRC Web site, http://www.nrc.gov/ the proceeding; and (3) the possible hearing. Any hearing held would take reading-rm/adams.html. Persons who effect of any order which may be place after issuance of the amendment. do not have access to ADAMS or who entered in the proceeding on the If the final determination is that the encounter problems in accessing the petitioner’s interest. The petition should amendment request involves a documents located in ADAMS, should also identify the specific aspect(s) of the significant hazards consideration, any contact the NRC PDR Reference staff by subject matter of the proceeding as to hearing held would take place before telephone at 1–800–397–4209, 301– which petitioner wishes to intervene. the issuance of any amendment. 415–4737, or by e-mail to [email protected]. Any person who has filed a petition for A request for a hearing or a petition leave to intervene or who has been for leave to intervene must be filed with Dated at Rockville, Maryland, this 21st day of August 2002. admitted as a party may amend the the Secretary of the Commission, U.S. petition without requesting leave of the Nuclear Regulatory Commission, For the Nuclear Regulatory Commission. Board up to 15 days prior to the first Washington, DC 20555–0001, Attention: John P. Boska, prehearing conference scheduled in the Rulemakings and Adjudications Staff, or Acting Project Manager, Section 2, Project proceeding, but such an amended may be delivered to the Commission’s Directorate I, Division of Licensing Project petition must satisfy the specificity Public Document Room (PDR), located Management, Office of Nuclear Reactor Regulation. requirements described above. at One White Flint North, 11555 Not later than 15 days prior to the first Rockville Pike (first floor), Rockville, [FR Doc. 02–21749 Filed 8–26–02; 8:45 am] prehearing conference scheduled in the Maryland, by the above date. Because of BILLING CODE 7590–01–P proceeding, a petitioner shall file a the continuing disruptions in delivery supplement to the petition to intervene of mail to United States Government which must include a list of the offices, it is requested that petitions for NUCLEAR REGULATORY contentions which are sought to be leave to intervene and requests for COMMISSION litigated in the matter. Each contention hearing be transmitted to the Secretary [Docket No. 70–143; License No. SNM–124] must consist of a specific statement of of the Commission either by means of the issue of law or fact to be raised or facsimile transmission to 301–415–1101 Nuclear Fuel Services, Inc., Erwin, TN; controverted. In addition, the petitioner or by e-mail to [email protected]. Order Modifying License (Effective shall provide a brief explanation of the A copy of the petition for leave to Immediately) bases of the contention and a concise intervene and request for hearing should statement of the alleged facts or expert also be sent to the Office of the General I opinion which support the contention Counsel, U.S. Nuclear Regulatory Nuclear Fuel Services, Inc. (NFS), is and on which the petitioner intends to Commission, Washington, DC 20555– the holder of Special Nuclear Material rely in proving the contention at the 0001, and because of continuing License SNM–124 issued by the U.S. hearing. The petitioner must also disruptions in delivery of mail to United Nuclear Regulatory Commission (NRC provide references to those specific States Government offices, it is or Commission) pursuant to 10 CFR part sources and documents of which the requested that copies be transmitted 70. NFS is authorized by their license to petitioner is aware and on which the either by means of facsimile receive, possess, and transfer byproduct, petitioner intends to rely to establish transmission to 301–415–3725 or by e- source, and special nuclear material in those facts or expert opinion. Petitioner mail to [email protected]. A copy accordance with the Atomic Energy Act must provide sufficient information to of the request for hearing and petition of 1954, as amended, and 10 CFR part show that a genuine dispute exists with for leave to intervene should also be 70. The NFS license, originally issued the applicant on a material issue of law sent to Mr. Edward Cullen, Vice on September 18, 1957, was renewed on or fact. Contentions shall be limited to President, General Counsel and July 2, 1999, and is due to expire on July matters within the scope of the Secretary, Exelon Generation Company, 31, 2009.

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II intended objectives and avoid any notify the Commission, within twenty On September 11, 2001, terrorists unforeseen effect on safe operation. (20) days of this Order, of the adverse simultaneously attacked targets in New Although NFS’s response to the safety impact, the basis for its York, NY, and Washington, DC, Safeguards and Threat Advisories has determination that the requirement has utilizing large commercial aircraft as been adequate to provide reasonable an adverse safety impact, and either a weapons. In response to the attacks and assurance of adequate protection of proposal for achieving the same intelligence information subsequently public health and safety, the objectives specified in the Attachment 1 obtained, the Commission issued a Commission believes that the response requirement in question, or a schedule number of Safeguards and Threat must be supplemented because of the for modifying the facilities to address Advisories to its licensees in order to current threat environment. As a result, the adverse safety condition. If neither strengthen licensees’ capabilities and it is appropriate to require certain approach is appropriate, NFS must readiness to respond to a potential security measures so that they are supplement its response to Condition attack on a nuclear facility. The maintained within the established B1 of this Order to identify the Commission has also communicated regulatory framework. In order to condition as a requirement with which with other Federal, State and local provide assurance that NFS is it cannot comply, with attendant government agencies and industry implementing prudent measures to justifications as required in Condition representatives to discuss and evaluate achieve an adequate level of protection B1. the current threat environment in order to address the current threat C. 1. NFS shall, within twenty (20) to assess the adequacy of security environment, Special Nuclear Materials days of the date of this Order, submit to measures at licensed facilities. In License SNM–124 shall be modified to the Commission a schedule for addition, the Commission has include the requirements identified in achieving compliance with each commenced a comprehensive review of Attachment 1 to this Order. In addition, requirement described in Attachment 1. 2. NFS shall report to the Commission its safeguards and security programs pursuant to 10 CFR 2.202 and 70.81, I when it has achieved full compliance and requirements. find that, in the circumstances As a result of its consideration of described above, the public health, with the requirements described in current safeguards and security plan safety and interest and the common Attachment 1. requirements, as well as a review of defense and security require that this D. Notwithstanding any provision of information provided by the intelligence Order be immediately effective. the Commission’s regulations to the contrary, all measures implemented or community, the Commission has III determined that certain compensatory actions taken in response to this Order Accordingly, pursuant to Sections 63, measures are required to be shall be maintained pending 81, 161b, 161i, 161o, 182 and 186 of the implemented by NFS as prudent, notification from the Commission that a Atomic Energy Act of 1954, as amended, interim measures to address the current significant change in the threat and the Commission’s regulations in 10 threat environment. Therefore, the environment occurs, or until the CFR 2.202 and 10 CFR part 70, it is Commission is imposing interim Commission determines that other hereby ordered, effective immediately, requirements, set forth in Attachment changes are needed. that special nuclear materials license 1 1 of this Order, which supplement NFS’s responses to Conditions B.1, SNM–124 is modified as follows: existing regulatory requirements, to B.2, C.1, and C.2, above shall be A. NFS shall, notwithstanding the provide the Commission with submitted in accordance with 10 CFR provisions of any Commission reasonable assurance that the public 70.5 SNM–124. In addition, NFS’s regulation or license to the contrary, health and safety and common defense submittals that contain classified comply with the requirements described and security continue to be adequately information shall be properly marked in Attachment 1 to this Order. NFS shall protected in the current threat and handled in accordance with 10 CFR immediately start implementation of the environment. These requirements will 95.39 requirements in Attachment 1 to the remain in effect pending notification The Director, Office of Nuclear Order and shall complete from the Commission that a significant Material Safety and Safeguards, may, in implementation, unless otherwise change in the threat environment writing, modify, relax or rescind any of specified in Attachment 1 to this order, occurs, or if the Commission determines the above conditions upon no later than February 28, 2003. demonstration by NFS of good cause. that other changes are needed. B. 1. NFS shall, within twenty (20) The Commission recognizes that some days of the date of this Order, notify the IV of the requirements set forth in Commission, (1) if it is unable to In accordance with 10 CFR 2.202 and Attachment 1 2 to this Order may comply with any of the requirements 70.81, NFS must, and any other person already have been initiated by NFS in described in Attachment 1, (2) if adversely affected by this Order may, response to previously issued compliance with any of the submit an answer to this Order, and advisories, or on its own. It is also requirements is unnecessary in its may request a hearing on this Order, recognized that some measures may specific circumstances, or (3) if within twenty (20) days of the date of need to be tailored to specifically implementation of any of the this Order. Where good cause is shown, accommodate the specific requirements would cause NFS to be in consideration will be given to extending circumstances and characteristics violation of the provisions of any the time to request a hearing. A request existing at NFS’s facility to achieve the Commission regulation or its license. for extension of time in which to submit The notification shall provide NFS’s an answer or request a hearing must be 1 Attachment 1 contains classified information and will not be released to the public. justification for seeking relief from or made in writing to the Director, Office 2 To the extent that specific measures identified variation of any specific requirement. of Nuclear Material Safety and in Attachment 1 to this Order require actions 2. If NFS considers that Safeguards, U.S. Nuclear Regulatory pertaining to NFS’s possession and use of implementation of any of the Commission, Washington, DC 20555, chemicals, such actions are being directed on the basis of the potential impact of such chemicals on requirements described in Attachment 1 and include a statement of good cause radioactive materials and activities subject to NRC to this Order would adversely impact for the extension. The answer may regulation. safe operation of its facility, NFS must consent to this Order. Unless the answer

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consents to this Order, the answer shall, Pursuant to 10 CFR 2.202(c)(2)(i), NFS Week of September 30, 2002—Tentative in writing and under oath or may, in addition to demanding a Tuesday, October 1, 2002 affirmation, specifically set forth the hearing, at the time the answer is filed matters of fact and law on which NFS or sooner, move the presiding officer to 9:25 a.m.—Affirmation Session (Public or other person adversely affected relies set aside the immediate effectiveness of Meeting) (If needed) and the reasons as to why the Order the Order on the ground that the Order, 9:30 a.m.—Briefing on should not have been issued. Any including the need for immediate Decommissioning Activities and answer or request for a hearing shall be effectiveness, is not based on adequate Status (Public Meeting) (Contact: submitted to the Secretary, U.S. Nuclear evidence but on mere suspicion, John Buckley, 301–415–6607) Regulatory Commission, Attn: unfounded allegations, or error. This meeting will be webcast live at Rulemakings and Adjudications Staff, In the absence of any request for the Web address—httpp://www.nrc.gov. Washington, DC 20555. Copies also hearing, or written approval of an Wednesday, October 2, 2002 shall be sent to the Director, Office of extension of time in which to request a Nuclear Material Safety and Safeguards, hearing, the provisions specified in 10 a.m.—Briefing on Strategic and the Director, Office of Enforcement, Section III above shall be final twenty Workforce Planning and Human U.S. Nuclear Regulatory Commission, (20) days from the date of this Order Capital Initiatives (Closed—Ex. 2) Washington, DC 20555, to the Assistant without further order or proceedings. If *The schedule for Commission General Counsel for Materials Litigation an extension of time for requesting a meetings is subject to change on short and Enforcement, at the same address, hearing has been approved, the notice. To verify the status of meetings to the Regional Administrator, NRC provisions specified in Section III shall call (recording)—(301) 415–1292. Region II, Sam Nunn Atlanta Federal be final when the extension expires if a Contact person for more information: R. Center, Suite 23 T85, 61 Forsyth Street, hearing request has not been received. Michelle Schroll (301) 415–1662. SW., Atlanta, GA 30303–3415, and to An answer or a request for hearing shall The NRC Commission Meeting NFS if the answer or hearing request is not stay the immediate effectiveness of Schedule can be found on the Internet by a person other than NFS. Because of this order. at: http://www.nrc.gov/what-we-do/ continuing disruptions in delivery of policy-making/schedule.html. mail to United States Government Dated this 21st day of August 2002. For the Nuclear Regulatory Commission. This notice is distributed by mail to offices, it is requested that answers and Martin J. Virgilio, several hundred subscribers; if you no requests for hearing be transmitted to longer wish to receive it, or would like the Secretary of the Commission either Director, Office of Nuclear Material Safety and Safeguards. to be added to the distribution, please by means of facsimile transmission to contact the Office of the Secretary, [FR Doc. 02–21746 Filed 8–26–02; 8:45 am] 301–415–1101 or by e-mail to Washington, DC 20555 (301–415–1969). [email protected] and also by e- BILLING CODE 7590–01–P In addition, distribution of this meeting mail to [email protected]. If a notice over the Internet system is person other than NFS requests a available. If you are interested in hearing, that person shall set forth with NUCLEAR REGULATORY COMMISSION receiving this Commission meeting particularity the manner in which his schedule electronically, please send an interest is adversely affected by this Sunshine Act Meeting electronic message to [email protected]. Order and shall address the criteria set forth in 10 CFR 2.714(d).3 Dated: August 22, 2002. DATE: Weeks of August 26, September 2, If a hearing is requested by the R. Michelle Schroll, 9, 16, 23, 30, 2002. licensee or a person whose interest is Acting Technical Coordinator, Office of the adversely affected, the Commission will PLACE: Commissioners’ Conference Secretary. issue an Order designating the time and Room, 11555 Rockville Pike, Rockville, [FR Doc. 02–21886 Filed 8–23–02; 8:45 am] place of any hearing. If a hearing is held, Maryland. BILLING CODE 7590–01–M the issue to be considered at such STATUS: Public and Closed. hearing shall be whether this Order should be sustained. MATTERS TO BE CONSIDERED: OFFICE OF MANAGEMENT AND Week of August 26, 2002 BUDGET 3 The most recent version of Title 10 of the Code of Federal Regulations, published January 1, 2002, There are no meetings scheduled for Budget Analysis Branch; inadvertently omitted the last sentence of 10 CFR the Week of August 26, 2002. Sequestration Update Report 2.714(d) and subparagraphs (d)(1) and (2), regarding petitions to intervene and contentions. Those Week of September 2, 2002—Tentative AGENCY: Office of Management and provisions are extant and still applicable to Budget—Budget Analysis Branch. petitions to intervene. Those provisions are as There are no meetings scheduled for follows: ‘‘In all other circumstances, such ruling the Week of September 2, 2002. ACTION: Notice of transmittal of the body or officer shall, in ruling on—(1) A petition Sequestration Update Report to the for leave to intervene or a request for hearing, Week of September 9, 2002—Tentative consider the following factors, among other things: President and Congress for Fiscal Year 2003. (i) The nature of the petitioner’s right under the Act There are no meetings scheduled for to be made a party to the proceeding. (ii) The nature and extent of the petitioner’s property, financial, or the Week of September 9, 2002. SUMMARY: Pursuant to section 254(b) of other interest in the proceeding. (iii) The possible the Balanced Budget and Emergency effect of any order that may be entered in the Week of September 16, 2002—Tentative proceeding on the petitioner’s interest. (2) The Control Act of 1985, as amended, the admissibility of a contention, refuse to admit a There are no meetings scheduled for Office of Management and Budget contention if: (i) The contention and supporting the Week of September 16, 2002. hereby reports that it has submitted its material fail to satisfy the requirements of Sequestration Update Report for Fiscal paragraph (b)(2) of the section; or (ii) The Week of September 23, 2002—Tentative contention, if proven, would be of no consequence Year 2003 to the President, the Speaker in the proceeding because it would not entitle There are no meetings scheduled for of the House of Representatives, and the petitioner to relief. the Week of September 23, 2002. President of the Senate.

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FOR FURTHER INFORMATION CONTACT: debt in the form of notes to banks by the Sponsor (together with the Trust, Sarah Lee, Budget Analysis Branch— (‘‘Notes’’) or commercial paper the ‘‘Trusts,’’ and their series, the 202/395–3674. (‘‘Paper,’’ and collectively with ‘‘Notes,’’ ‘‘Series’’). Dated: August 21, 2002. ‘‘Short-Term Debt’’) that will not exceed FILING DATES: The application was filed Stephen A. Weigler, an outstanding aggregate principal on October 6, 1999, and amended on amount of $1.5 billion. Deputy Assistant Director for Administration. August 19, 2002. In this post-effective amendment, HEARING OR NOTIFICATION OF HEARING: An [FR Doc. 02–21695 Filed 8–26–02; 8:45 am] Entergy requests authority to issue and BILLING CODE 3110–01–P order granting the application will be sell from time to time through the issued unless the Commission orders a Authorization Period additional Short- hearing. Interested persons may request Term Debt in an aggregate principal a hearing by writing to the SECURITIES AND EXCHANGE amount at any time outstanding not to COMMISSION Commission’s Secretary and serving exceed $2 billion. Terms and conditions applicants with a copy of the request, [Release No. 35–27562] of Short-Term Debt previously personally or by mail. Hearing requests authorized continue to apply to should be received by the Commission Filings Under the Public Utility Holding additional Short-Term Debt issued by 5:30 p.m. on September 16, 2002, Company Act of 1935, as Amended under this authority. and should be accompanied by proof of Entergy will use the proceeds from (‘‘Act’’) service on applicants, in the form of an the financings for general corporate affidavit or, for lawyers, a certificate of August 21, 2002. purposes, including (i) financing, in service. Hearing requests should state Notice is hereby given that the part, investments by and capital the nature of the writer’s interest, the following filing has been made with the expenditures of Entergy and its reason for the request, and the issues Commission pursuant to provisions of subsidiaries, (ii) the repayment, contested. Persons may request the Act and rules promulgated under redemption, refunding or purchase by notification of a hearing by writing to the Act. All interested persons are Entergy of any of its securities under the Commission’s Secretary. referred to the application/declaration rule 42, and (iii) financing working for a complete statements of the capital requirements of Entergy and its ADDRESSES: Secretary, Commission, 450 proposed transaction summarized subsidiaries. 5th Street, NW., Washington, DC 20549– below. The application/declaration is 0609. Applicants, c/o Richard Hoffman, available for public inspection through For the Commission, by the Division of Prudential Investment Management Investment Management, pursuant to the Commission’s Branch of Public delegated authority. Services LLC, 100 Mulberry Street, Newark, NJ 07102. Reference. Margaret H. McFarland, Interested persons wishing to FOR FURTHER INFORMATION CONTACT: Deputy Secretary. Jean comment or request a hearing on the E. Minarick, Senior Counsel, at (202) [FR Doc. 02–21777 Filed 8–26–02; 8:45 am] application/declaration should submit 942–0527 or Nadya B. Roytblat, their views in writing by September 16, BILLING CODE 8010–01–P Assistant Director, at (202) 942–0564 2002, to the Secretary, Securities and (Division of Investment Management, Exchange Commission, Washington, DC SECURITIES AND EXCHANGE Office of Investment Company 20549–0609, and serve a copy on the COMMISSION Regulation). relevant applicant/declarant at the SUPPLEMENTARY INFORMATION: The address specified below. Proof of service [Investment Company Act Release No. following is a summary of the (by affidavit or, in the case of an 25714; 812–11794] application. The complete application attorney at law, by certificate) should be may be obtained for a fee at the filed with the request. Any request for National Equity Trust and Prudential Commission’s Public Reference Branch, hearing should identify specifically the Investment Management Services LLC; 450 5th Street, NW., Washington, DC issues of facts or law that are disputed. Notice of Application 20549–0102 (telephone (202) 942–8090). A person who so requests will be August 21, 2002. notified of any hearing, if ordered, and AGENCY: Securities and Exchange Applicants’ Representations will receive a copy of any notice or Commission (‘‘Commission’’). 1. The Trust is a unit investment trust order issued in the matter. After ACTION: Notice of application under registered under the Act and sponsored September 16, 2002, the application/ sections 6(c) and 17(b) of the Investment by the Sponsor. Each Series will be declaration, as filed or as amended, may Company Act of 1940 (the ‘‘Act’’) for an created under the laws of one of the be granted and/or permitted to become exemption from section 17(a) of the Act. United States pursuant to a trust effective. agreement, which will contain SUMMARY OF APPLICATION: The requested information specific to that Series, and Entergy Corporation (70–9749) 1 order would supersede a prior order which will incorporate by reference a Entergy Corporation (‘‘Entergy’’), a and permit a terminating series of a unit registered public utility holding master trust indenture between the investment trust to sell portfolio Sponsor and a financial institution that company, 639 Loyola Avenue, New securities to a new series of the unit Orleans, LA 70113, has filed a post- is a bank within the meaning of section investment trust. 2(a)(5) of the Act and that satisfies the effective amendment under sections 6(a) APPLICANTS: National Equity Trust (the and 7 of the Act and rule 54 under the criteria in section 26(a) of the Act (the ‘‘Trust’’), Prudential Investment ‘‘Trustee’’). Applicants also request Act to its previously filed application- Management Services LLC (the declaration (‘‘Application’’). relief for any future Series sponsored by ‘‘Sponsor’’), and certain current or 2 By order dated April 3, 2001 (HCAR the Sponsor. future unit investment trusts sponsored No. 27371) the Commission authorized, 2 All entities that currently intend to rely on the among other things, Entergy to issue and 1 National Equity Trust, et al., Investment order are named as applicants. Any existing or sell through June 30, 2004 Company Act Release Nos. 21135 (June 14, 1995) future Series that relies on the order will comply (‘‘Authorization Period’’) short-term (notice) and 21197 (July 11, 1995) (order). with the terms and conditions of the application.

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2. Each Series will hold a portfolio of Rollover Series and the related New transaction is consistent with the equity securities of domestic and/or Series. policies of the registered investment foreign companies. The Series generally 6. Applicants request an order to companies involved; and (c) the are designed to seek either capital permit a Rollover Series to sell to a New proposed transaction is consistent with appreciation and/or dividend income. Series, and a New Series to purchase the general purposes of the Act. Section 3. Applicants state that many, if not from a Rollover Series, Securities at the 6(c) of the Act provides that the all, securities in each Series’ portfolio closing sales prices of the Securities on Commission may exempt classes of will be either (a) securities listed by the an Exchange on the dates the Securities transactions if the exemption is are sold (each a ‘‘Sale Date’’). Absent the Sponsor on a ‘‘top picks’’ list necessary or appropriate in the public requested relief, Securities common to disseminated to customers and the interest, and consistent with the both Series must be purchased or sold general public as securities protection of investors and the purposes recommended for purchase (‘‘Top Picks in the securities markets rather than purchased or sold between the Series. fairly intended by the policy and Securities’’) and have (i) a minimum provisions of the Act. Applicants market capitalization of U.S. $1 billion This would result in both Series, and request relief under sections 6(c) and and (ii) had an average daily trading thus the unitholders, incurring 17(b) to permit a Rollover Series to sell volume in the preceding 60 trading days brokerage commissions on Securities. Securities to a New Series and to permit of at least 50,000 shares equal in value Applicants’ Legal Analysis to at least U.S. $250,000 on an the New Series to purchase the 1. Section 17(a) of the Act prohibits Exchange, as defined below, or (b) other Securities. an affiliated person of a registered securities that are actively traded (i.e., 5. Applicants state that the terms of investment company from selling have had an average daily trading the proposed transactions meet the securities to, or purchasing securities volume in the preceding six months of standards of sections 6(c) and 17(b). from, the company. Section 2(a)(3) of at least 500 shares and equal in value to the Act defines an ‘‘affiliated person’’ of Applicants represent that purchases and at least U.S. $25,000) on an Exchange another person to include, in pertinent sales of Securities between Series will which is: (i) A national securities part, any person directly or indirectly be consistent with the policy of each exchange which meets the qualifications controlling, controlled by or under Series. Applicants state that to minimize of section 6 of the Securities Exchange common control with, such other the possibilities of overreaching, Act of 1934, (ii) a foreign securities person. Each Series will be sponsored applicants agree that the Sponsor will exchange which meets the qualifications by the Sponsor. Because the Sponsor certify to the Trustee, within five days set forth in the proposed amendments to of each sale from a Rollover Series to a 3 may be deemed to control a Series, each rule 12d3–1(d)(6) under the Act and Series may be deemed to be under New Series, (a) that the transaction is that releases daily closing prices, or (iii) common control and an affiliated consistent with the policy of both the the Nasdaq-National Market System (the person of all the other Series. Rollover Series and the New Series, as securities meeting these requirements 2. Rule 17a–7 under the Act permits recited in their respective registration are referred to in this notice as registered investment companies that ‘‘Securities’’). statements and reports filed under the might be deemed affiliated persons Act, (b) the date of the transaction, and 4. Each Series will terminate on a date solely by reason of having common after a specified period, generally one or (c) the closing sales price on the investment advisers, directors, and/or Exchange for Securities on the Sale two years. The Sponsor intends that, as officers, to purchase securities from, or each Series terminates, a new Series Date. The Trustee will then countersign sell securities to, one another at an the certificate, unless, in the unlikely (‘‘New Series’’) having the same or a independently determined price, event that the Trustee disagrees with the similar investment objective or provided certain conditions are met. closing sales price listed on the investment strategy, will be offered for Applicants represent that they will the next period. comply with all of the provisions of rule certificate, the Trustee immediately 5. Each Series has a date or dates (the 17a–7, other than paragraphs (e) and (f). informs the Sponsor orally of the ‘‘Rollover Date’’) on which unitholders 3. Paragraph (e) of rule 17a–7 requires disagreement and returns the certificate in that Series (the ‘‘Rollover Series’’) an investment company’s board of within five days to the Sponsor with may at their option redeem their units directors to adopt and monitor certain corrections duly noted. Upon the in the Rollover Series and receive in procedures to assure compliance with Sponsor’s receipt of a corrected return units of the New Series, which the rule. Paragraph (f) of the rule certificate, if the Sponsor can verify the will be created on or about the Rollover requires that a majority of the corrected price by reference to an Date. Applicants anticipate that there investment company’s board of independently published list of closing will be some overlap in the Securities directors not be interested persons, as sales prices for the date of the selected for the portfolios of each defined in section 2(a)(19) of the Act transactions, the Sponsor will ensure (‘‘disinterested directors’’), of the that the price of units of the New Series, 3 See Investment Company Act Release No. 17096 company and that the disinterested and distributions to holders of the (Aug. 3, 1989) (proposing amendments to rule directors have independent legal 12d3–1). The proposed amended rule defined a Rollover Series with regard to ‘‘Qualified Foreign Exchange’’ to mean a stock counsel. Because a unit investment trust redemption of their units or termination exchange in a country other than the United States does not have a board of directors, the of the Rollover Series, accurately reflect where: (a) Trading generally occurred at least four Trust would be unable to comply with the corrected price. To the extent that days a week; (b) there were limited restrictions on these requirements. the Sponsor disagrees with the Trustee’s the ability of registered investment companies to 4. Section 17(b) of the Act provides trade their holdings on the exchange; (c) the corrected price, the Sponsor and the that the Commission will exempt a exchange had a trading volume in stocks for the Trustee will jointly determine the previous year of at least U.S. $ 7.5 billion; and (d) proposed transaction from section 17(a) correct sales price by reference to a the exchange had a turnover ratio for the preceding if evidence establishes that: (a) The year of at least 20% of its market capitalization. The terms of the proposed transaction are mutually agreeable, independently version of the amended rule that was adopted did published list of closing sales prices for not include the part of the proposed amendment reasonable and fair and do not involve defining the term ‘‘Qualified Foreign Exchange.’’ overreaching; (b) the proposed the date of the transaction.

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Applicants’ Conditions The following additional item will be Institution and settlement of Applicants agree that any order considered at an Open Meeting administrative proceedings of an granting the requested relief will be scheduled for Tuesday, August 27, enforcement nature; and Commissioner Goldschmid, as duty subject to the following conditions: 2002, at 10 a.m.: officer, determined that Commission 1. Each sale of Securities by a The Commission will consider business required the above changes Rollover Series to a New Series will be whether to adopt rules that would and that no earlier notice thereof was effected at the closing price of the require a registered investment company’s principal executive and possible. Securities sold on the applicable For further information please contact Exchange on the Sale Date, without any financial officers to certify Form N– SAR, implementing Section 302 of the the Office of the Secretary at (202) 942– brokerage charges or other remuneration 7070. except customary transfer fees, if any. Sarbanes-Oxley Act of 2002. In addition, 2. The nature and conditions of such the Commission will consider whether Dated: August 22, 2002. transactions will be fully disclosed to to propose amendments to its rules and Margaret H. McFarland, investors in the appropriate prospectus forms that would (1) Designate the Deputy Secretary. of each Rollover Series and New Series. shareholder reports of management [FR Doc. 02–21961 Filed 8–23–02; 1:33 pm] investment companies as reports filed 3. The Trustee of each Rollover Series BILLING CODE 8010–01–P and New Series will (a) review the under the Securities Exchange Act of procedures discussed in the application 1934, and (2) require each registered relating to the sale of Securities from a management investment company’s SECURITIES AND EXCHANGE Rollover Series and the purchase of principal executive officer and principal COMMISSION Securities for deposit in a New Series financial officer to certify the information contained in its shareholder [Release No. 34–46384; File No. SR–Amex– and (b) make such changes to the 2002–64] procedures as the Trustee deems reports in the manner required by necessary that are reasonably designed Section 302 of the Sarbanes-Oxley Act Self-Regulatory Organizations; Notice to comply with paragraphs (a) through of 2002. of Filing and Immediate Effectiveness (d) of rule 17a–7. The following item previously of Proposed Rule Change and 4. A written copy of these procedures scheduled for the open meeting on Amendment Nos. 1 and 2 by the and a written record of each transaction Tuesday, August 27, 2002, at 10 a.m., is American Stock Exchange LLC to pursuant to the order will be maintained now scheduled for the open meeting on Suspend Transaction Charges for as provided in rule 17a–7(g). Wednesday, August 28, 2002, at 10 a.m.: Certain Exchange Traded Funds The Commission will consider For the Commission, by the Division of whether the National Association of August 20, 2002. Investment Management, pursuant to Securities Dealers, Inc. (‘‘NASD’’) and Pursuant to Section 19(b)(1) of the delegated authority. the Nasdaq Stock Market, Inc. Securities Exchange Act of 1934 Margaret H. McFarland, (‘‘Nasdaq’’) have satisfied the conditions (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Deputy Secretary. that must be implemented prior to or at notice is hereby given that on July 26, [FR Doc. 02–21778 Filed 8–26–02; 8:45 am] the same time as Nasdaq’s 2002, the American Stock Exchange LLC BILLING CODE 8010–01–P implementation of a new order display (‘‘Amex’’ or ‘‘Exchange’’) filed with the and collection facility Securities and Exchange Commission (‘‘SuperMontage’’). The conditions, (‘‘Commission’’) the proposed rule SECURITIES AND EXCHANGE which were imposed by the change as described in Items I, II and III COMMISSION Commission in a prior order granting below, which Items have been prepared conditional approval of the by the Exchange. The Amex amended Sunshine Act Meetings SuperMontage, include an alternative the proposed rule change on August 14, 3 FEDERAL REGISTER CITATION OF PREVIOUS display facility established by the NASD 2002. On August 15, 2002, the Amex ANNOUNCEMENT: [67 FR 54506, August for the display of market maker and again amended the proposed rule 4 22, 2002]. ECN quotes. change. The Exchange filed the The following items will not be proposal pursuant to Section 19(b)(3)(A) STATUS: Open meetings/closed considered at the closed meeting of the Act,5 and Rule 19b–4(f)(6) meetings. scheduled for Wednesday, August 28, PLACE: 450 Fifth Street, NW., 2002, immediately following the 10 a.m. 1 15 U.S.C. 78s(b)(1). Washington, DC. open meeting: 2 17 CFR 240.19b–4. DATE AND TIME OF PREVIOUSLY ANNOUNCED Formal orders of investigation; 3 See August 12, 2002 letter from Geraldine MEETING: Brindisi, Vice President and Corporate Secretary, Tuesday, August 27, 2002 at 10 Litigation matter; Amex, to Nancy Sanow, Assistant Director, Division a.m., Wednesday, August 28, 2002 at 10 Institution and settlement of of Market Regulation (‘‘Division’’), Commission, a.m., and Thursday, August 29, 2002, at injunctive actions; and attachments (‘‘Amendment No. 1’’). 10 a.m. Institution and settlement of Amendment No. 1 completely replaced and superseded the original filing. CHANGE IN THE MEETING: Additional administrative proceedings of an 4 See August 14, 2002 letter from Geraldine meeting/time change/delete items. enforcement nature; and Brindisi, Vice President and Corporate Secretary, An additional Open Meeting will be The following items have been added Amex, to Nancy Sanow, Assistant Director, held on Wednesday, August 28, 2002, at to the closed meeting scheduled for Division, Commission, and attachments (‘‘Amendment No. 2’’). In Amendment No. 2, the 10 a.m., in Room 1C30, the William O. Thursday, August 29, 2002: Amex added the text of the Regulatory Fee to the Douglas Room. The Closed Meeting Formal orders of investigation; Equity Fee Schedule. The text was inadvertently previously announced to be held on Litigation matter; omitted from Amendment No. 1. For purposes of Wednesday, August 28, 2002 at 10 a.m., Regulatory matter bearing calculating the 60-day abrogation period, the Commission considers the period to have has been rescheduled to immediately enforcement implications; commenced on August 15, 2002, the date the Amex follow the open meeting on Wednesday, Institution and settlement of filed Amendment No. 2. August 28, 2002. injunctive actions; 5 15 U.S.C. 78s(b)(3)(A).

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thereunder,6 which renders the proposal ($.60 per 100 shares), capped at $100 B. Self-Regulatory Organization’s effective upon filing with the per trade (16,667 shares). Orders entered Statement on Burden on Competition Commission.7 The Commission is electronically into the Amex Order File publishing this notice to solicit (System Orders) from off the Floor for The Exchange believes that the comments on the proposed rule change, up to 5,099 shares are currently not proposed rule change will impose no 11 as amended, from interested persons. assessed a transaction charge, but burden on competition. I. Self-Regulatory Organization’s System Orders over 5,099 shares C. Self-Regulatory Organization’s Statement of the Terms of Substance of currently are subject to a $.006 per share Statement on Comments on the the Proposed Rule Change transaction charge, capped at $100 per Proposed Rule Change Received From trade. Exchange transaction charges Members, Participants or Others The Exchange proposes to suspend applicable to customer orders are now Exchange transaction charges for the suspended. The suspension for No written comments were solicited Lehman 1–3 year Treasury Bond Fund; customer orders is for an indefinite time or received with respect to the proposed iShares Lehman 7–10 year Treasury period, and the Exchange will file a rule change. Bond Fund; Lehman 20+ year Treasury proposed rule change if it determines to Bond Fund; and iShares GS $ InvesTop III. Date of Effectiveness of the end the suspension and impose Corporate Bond Fund for (1) customer Proposed Rule Change and Timing for transaction charges for customer orders orders, and (2) until August 31, 2002, Commission Action in these securities. specialist, Registered Trader and broker- Because the foregoing proposed rule Specialists in these securities are dealer orders. The text of the proposed change does not: rule change is available at the Amex and charged $0.0063 ($.63 per 100 shares), at the Commission. capped at $300 per trade (47,619 (i) Significantly affect the protection shares). Registered Traders in these of investors or the public interest; II. Self-Regulatory Organization’s securities are charged $.0073 ($.73 per (ii) Impose any significant burden on Statement of the Purpose of, and 100 shares), capped at $350 per trade competition; and Statutory Basis for, the Proposed Rule (47,945 shares). Transaction charges for Change (iii) Become operative for 30 days specialist, Registered Trader, and from the date on which it was filed, or In its filing with the Commission, the broker-dealer orders are suspended until such shorter time as the Commission Exchange included statements August 31, 2002. may designate, it has become effective concerning the purpose of and basis for The Exchange believes a suspension pursuant to Section 19(b)(3)(A) of the its proposal and discussed any of fees for these securities is appropriate Act 12 and Rule 19b–4(f)(6) comments it received regarding the to enhance the competitiveness of thereunder.13 At any time within 60 proposal. The text of these statements executions in these securities on the days of the filing of the proposed rule may be examined at the places specified change,14 the Commission may in Item IV below. The Amex has Amex. The Exchange will reassess the summarily abrogate such rule change if prepared summaries, set forth in fee suspension as appropriate, and will it appears to the Commission that such Sections A, B and C below, of the most file a proposed rule change for any action is necessary or appropriate in the significant aspects of such statements. modification to the fee suspension with A. Self-Regulatory Organization’s the Commission. public interest, for the protection of Statement of the Purpose of, and The Exchange is amending the investors, or otherwise in furtherance of Statutory Basis for, the Proposed Rule Equities Fee Schedule to indicate that the purposes of the Act. Change transaction charges have been The Amex has requested that the suspended for the Funds. In addition, Commission waive the 30-day operative 1. Purpose the Amex is amending the Equities Fee delay. The Commission believes The Exchange is suspending Schedule to refer to the suspension of waiving the 30-day operative delay is transaction charges for transactions in transaction charges for specified consistent with the protection of the iShares Lehman 1–3 year Treasury Exchange Traded Funds and HOLDRs, investors and the public interest. Bond Fund (Symbol: SHY); iShares as previously filed with the Acceleration of the operative date will Lehman 7–10 year Treasury Bond Fund Commission.8 permit the Amex to suspend these fees (Symbol: IEF); iShares Lehman 20+ year immediately. For these reasons, the Treasury Bond Fund (Symbol: TLT); 2. Statutory Basis Commission designates the proposal to and iShares GS $ InvesTopTM Corporate The Exchange believes that the be effective and operative upon filing Bond Fund (Symbol: LQD) ( Funds ) for 15 proposal is consistent with Section 6(b) with the Commission. (1) customer orders indefinitely, and (2) of the Act 9 in general, and furthers the until August 31, 2002, specialist, 11 objectives of Section 6(b)(4)10 in Although there are inconsistencies in the Registered Trader, and broker-dealer Amex’s original filing, Amendment No. 1, and particular in that it is intended to assure orders. Amendment No. 2 with regard to the Amex’s Off-Floor orders (i.e., customer and the equitable allocation of reasonable Statement on Burden on Competition, the Amex confirmed that it believes the proposed rule change broker-dealer) in these securities dues, fees, and other charges among its members and issuers and other persons will impose no burden on competition. August 19, currently are charged $.006 per share 2002 telephone conversation between Michael using its facilities. Cavalier, Associate General Counsel, Amex, and 6 17 CFR 240.19b–4(f)(6). Joseph Morra, Special Counsel, Division of Market 8 Regulation, Commission. 7 Rule 19b–4(f)(6) under the Act requires the See Securities Exchange Act Release Nos. 44698 12 Amex to provide the Commission with five (August 14, 2001), 66 FR 43926 (August 21, 15 U.S.C. 78s(b)(3)(A).   13 business days notice of its intention to file a non- 2001)(for SPDRs , Nasdaq 100 Index Tracking 17 CFR 240.19b–4(f)(6).  controversial proposed rule change. The Amex did Stock, DIAMONDS and iShares S&P 500 Index 14 See footnote 4, supra. not provide such notice, but the Commission has Fund); and 45773 (April 17, 2002), 67 FR 20558 15 For purposes only of accelerating the operative decided to waive the notice requirement. The Amex (April 25, 2002)(for MidCap SPDRsTM, Select Sector date of this proposal, the Commission has asked the Commission to waive the 30-day SPDRs and HOLDRsTM ). considered the proposed rule’s impact on operative delay. See Rule 19b–4(f)(6)(iii). 17 CFR 9 15 U.S.C. 78f(b). efficiency, competition, and capital formation. 15 240.19b–4(f)(6)(iii). 10 15 U.S.C. 78f(b)(4). U.S.C. 78c(f).

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IV. Solicitation of Comments I. Self-Regulatory Organization’s which contains current Service Guides, Interested persons are invited to Statement of the Terms of Substance of POP, and PTS Manual information, and submit written data, views, and the Proposed Rule Change through the Internet at DTC’s web site arguments concerning the foregoing, The proposed rule change consists of http://www.dtc.org/. The two formats including whether the proposal is the implementation of a Service Guide contain the same information and are consistent with the Act. Persons making pertaining to deposits. similar in functionality. DTC updates such information on its web site on a written submissions should file six II. Self-Regulatory Organization’s copies thereof with the Secretary, monthly basis and distributes CD–ROM Statement of the Purpose of, and 4 Securities and Exchange Commission, updates on a quarterly basis. Statutory Basis for, the Proposed Rule The proposed rule change is 450 Fifth Street, NW, Washington, DC Change consistent with the requirements of 20549–0609. Copies of the submission, Section 17A of the Act 5 and the rules all subsequent amendments, all written In its filing with the Commission, and regulations thereunder applicable to statements with respect to the proposed DTC included statements concerning DTC because the proposed rule change rule change that are filed with the the purpose of and basis for the will contribute to the ease of use of Commission, and all written proposed rule change and discussed any DTC’s services. The proposed rule communications relating to the comments it received on the proposed change will be implemented proposed rule change between the rule change. The text of these statements consistently with the safeguarding of Commission and any person, other than may be examined at the places specified securities and funds in DTC’s custody or those that may be withheld from the in Item IV below. DTC has prepared control or for which it is responsible public in accordance with the summaries, set forth in sections (A), (B), because the proposed rule change provisions of 5 U.S.C. 552, will be and (C) below, of the most significant 2 enhances the utilization of DTC’s available for inspection and copying in aspects of these statements. existing services. the Commission’s Public Reference (A) Self-Regulatory Organization’s Room. Copies of such filing will also be Statement of the Purpose of, and (B) Self-Regulatory Organization’s available for inspection and copying at Statutory Basis for, the Proposed Rule Statement on Burden on Competition the principal office of the Amex. All Change DTC perceives no adverse impact on submissions should refer to file number In January of 2001, DTC submitted a competition by reason of the proposed SR-Amex-2002–64 and should be rule change. submitted by September 17, 2002. rule filing which constituted a For the Commission, by the Division restatement of certain sections of DTC’s (C) Self-Regulatory Organization’s of Market Regulation, pursuant to Participant Operating Procedures Statement on Comments on the delegated authority.16 (‘‘POP’’) and Participant Terminal Proposed Rule Change Received From System (‘‘PTS’’) Manual.3 Both the POP Members, Participants or Others Margaret H. McFarland, and the PTS Manual are hardcopy, Rule filing SR–DTC–2001–01 dealt Deputy Secretary. multi-volume manuals that, among other things, provide participants with with the original Service Guides which [FR Doc. 02–21772 Filed 8–26–02; 8:45 am] were developed through discussions BILLING CODE 8010–01–P procedures and information pertaining to a number of DTC services and with a number of participants. This rule describe and document functions and filing deals with a new guide which SECURITIES AND EXCHANGE applications of DTC systems. replaces certain portions of POP but COMMISSION In that rule filing, DTC explained that makes no substantive changes to current both the POP and the PTS Manual DTC procedures. Therefore, written [Release No. 34–46391; File No. SR–DTC– would better serve participants and comments from participants or others 2002–07] other authorized users if they were have not been solicited or received on restated together utilizing modern this proposed rule change. DTC will Self-Regulatory Organizations; The electronic media. As a result, DTC is notify the Commission of any written Depository Trust Company; Notice of developing Service Guides to replace all comments received by DTC. Filing and Immediate Effectiveness of POP and PTS Manual documentation, III. Date of Effectiveness of the Proposed Rule Change Relating to the and DTC has filed Service Guides for Filing of the ‘‘About Deposits’’ Service Proposed Rule Change and Timing for the following DTC services: Custody, Commission Action Guide Dividends, Reorganization, Settlement, The foregoing rule change has become and Underwriting. August 21, 2002. effective pursuant to Section In this filing, a new Service Guide is Pursuant to Section 19(b)(1) of the 19(b)(3)(A)(i) 6 of the Act and Rule 19b– being added for deposits. The ‘‘About Securities Exchange Act of 1934 4(f)(1) 7 promulgated thereunder Deposits’’ Service Guide will replace (‘‘Act’’),1 notice is hereby given that on because the proposal constitutes a stated POP Section B (Deposits) as well as POP May 21, 2002, The Depository Trust policy, practice, or interpretation with Section L (Depository Facilities). Company (‘‘DTC’’) filed with the respect to the meaning, administration, However, no substantive changes to Securities and Exchange Commission or enforcement of an existing rule of the DTC’s procedures are being made at this (‘‘Commission’’) the proposed rule self regulatory organization. At any time change as described in Items I, II, and time. The Service Guide updates will be within sixty days of the filing of such III below, which items have been implemented upon filing and are prepared primarily by DTC. The 4 available to participants and other DTC will provide the Commission with above- Commission is publishing this notice to mentioned CD–ROMs upon issuance each quarter. authorized users through CD–ROM, solicit comments on the proposed rule The Commission has been granted access to those screens on DTC’s web site which contain the change from interested parties. 2 The Commission has modified the text of the Service Guides and related information. summaries prepared by DTC. 5 15 U.S.C. 78q–1. 16 17 CFR 200.30–3(a)(12). 3 Securities Exchange Act Release No. 44719 6 15 U.S.C. 78s(b)(3)(A)(i). 1 15 U.S.C. 78s(b)(1). (August 17, 2001), 66 FR 44656 [SR–DTC–2001–01]. 7 17 CFR 240.19b–4(f)(1).

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proposed rule change, the Commission Clearing Corporation (‘‘NSCC’’) filed financial responsibility and operational may summarily abrogate such rule with the Securities and Exchange capability as NSCC may at any time change if it appears to the Commission Commission (‘‘Commission’’) and on deem necessary. Pursuant to this rule that such action is necessary or August 19, 2002, amended the proposed and in furtherance of NSCC’s appropriate in the public interest, for rule change as described in Items I, II, responsibility, NSCC periodically the protection of investors, or otherwise and III below, which items have been requests that its members provide in furtherance of the purposes of the prepared primarily by NSCC. The financial and operational information Act. Commission is publishing this notice to about their business. While many IV. Solicitation of Comments solicit comments on the proposed rule members comply with these requests, change from interested persons. some do not. The lack of this Interested persons are invited to information could create risk for NSCC. I. Self-Regulatory Organization’s submit written data, views, and To address this concern, NSCC proposes Statement of the Terms of Substance of arguments concerning the foregoing, to fine members who fail to timely the Proposed Rule Change including whether the proposed rule respond to requests for information. change is consistent with the Act. The proposed rule change would In connection with imposing fines for Persons making written submissions clarify NSCC’s rules with regard to the failure to timely provide requested should file six copies thereof with the imposition of fines upon its members financial and operational information, Secretary, Securities and Exchange and would more specifically identify NSCC would notify all members that it Commission, 450 Fifth Street, NW, the actions or inactions of members that requires certain information on an Washington, DC 20549–0609. Copies of would result in fines being imposed ongoing basis and that failure to provide the submission, all subsequent upon them.2 In addition, a technical the information would result in a fine amendments, all written statements correction is proposed to be made to being imposed with such fining with respect to the proposed rule NSCC Rule 48, Disciplinary commencing three months after the change that are filed with the Proceedings, to conform the rule to Commission approves the proposed rule Commission, and all written other changes that were made effective change. For a period of one year from communications relating to the by Release No. 34–36866.3 that date, members that fail to timely proposed rule change between the provide information would be issued Commission and any person, other than II. Self-Regulatory Organization’s Statement of the Purpose of, and one warning letter prior to the those that may be withheld from the imposition of the fine. At the conclusion public in accordance with the Statutory Basis for, the Proposed Rule of the one-year period, NSCC would provisions of 5 U.S.C. 552, will be Change discontinue the warning letters prior to available for inspection and copying in In its filing with the Commission, fining. the Commission’s Public Reference NSCC included statements concerning In addition to the above, members Section, 450 Fifth Street, NW, the purpose of and basis for the have an affirmative duty to notify NSCC Washington, DC 20549. Copies of such proposed rule change and discussed any on an ongoing basis of certain internal filing also will be available for comments it received on the proposed conditions that may cause NSCC to inspection and copying at the principal rule change. The text of these statements reevaluate the member’s continued office of DTC. All submissions should may be examined at the places specified participation. NSCC is proposing to fine refer to File No. SR–DTC–2002–07 and in Item IV below. NSCC has prepared members that fail to meet these should be submitted by September 17, summaries, set forth in sections (A), (B), notification requirements. Upon 2002. and (C) below, of the most significant learning of an event upon which the For the Commission by the Division of aspects of such statements.4 member failed to provide timely Market Regulation, pursuant to delegated notification, NSCC would impose a fine. authority.8 (A) Self-Regulatory Organization’s Statement of the Purpose of, and No reminder letter would be sent in this Margaret H. McFarland, context. Deputy Secretary. Statutory Basis for, the Proposed Rule Change Participants would continue to have [FR Doc. 02–21775 Filed 8–26–02; 8:45 am] the ability to contest fines, as currently BILLING CODE 8010–01–P NSCC’s Rule 48 allows NSCC to provided for within NSCC’s rules and impose fines upon its members for any procedures. Fines imposed against error, delay, or other conduct that is settling members would be collected SECURITIES AND EXCHANGE determined to be detrimental to the through a miscellaneous charge in the COMMISSION operations of NSCC. Historically, NSCC member’s monthly statement of charges. [Release No. 34–46385; File No. SR–NSCC– has imposed fines upon members for Fines imposed against settling bank 2002–06] failures to settle in a timely manner end members may be collected through an of day settlement balances, for late adjustment to the settling bank’s end-of- Self-Regulatory Organizations; settlement acknowledgements, and for day settlement balance, through a National Securities Clearing late payments of clearing fund deposits. separate fed wire, or through checks Corporation; Notice of Filing of a NSCC’s Rule 15 permits NSCC to made payable to NSCC. Alternatively, if Proposed Rule Change Relating to the request that members furnish to NSCC the settling bank maintains additional Imposition of Fines such adequate assurances of their memberships with NSCC, the fine may be collected through a settling account August 20, 2002. 2 Exhibit 1 to this notice sets forth NSCC’s Pursuant to Section 19(b)(1) of the proposed revisions. under its additional membership. Securities Exchange Act of 1934 3 Securities Exchange Act Release No. 36866 In conjunction with the above, NSCC (‘‘Act’’),1 notice is hereby given that on (February 27, 1996), 61 FR 7288 [File No. NSCC– proposes making a technical correction July 26, 2002, National Securities 96–03] (order modifying NSCC’s Rules and to Rule 48 Disciplinary Proceedings. In Procedures to accommodate same-day funds Release No. 34–36866, the Commission settlement). 8 17 CFR 200.30–3(a)(12). 4 The Commission has modified parts of these approved an NSCC rule change to 1 15 U.S.C. 78s(b)(1). statements. accommodate same-day funds

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settlement (‘‘SDFS’’).5 This rule change, III. Date of Effectiveness of the with respect to the proposed rule in part, created Addendum P that set Proposed Rule Change and Timing for change that are filed with the SDFS Failure to Settle fines in the range Commission Action Commission, and all written of $100 to $10,000. At that time, Section communications relating to the Within thirty five days of the date of 1 of Rule 48 should have been modified proposed rule change between the publication of this notice in the Federal to change the maximum fine for any Commission and any person, other than Register or within such longer period (i) single offense from $5,000 to $10,000, those that may be withheld from the as the Commission may designate up to and a reference to settling bank only public in accordance with the ninety days of such date if it finds such members should also have been provisions of 5 U.S.C. 552, will be longer period to be appropriate and included. available for inspection and copying in publishes its reasons for so finding or NSCC believes that the proposed rule the Commission’s Public Reference (ii) as to which the self-regulatory change is consistent with Section 17A of Section, 450 Fifth Street NW., organization consents, the Commission the Act and the rules and regulations Washington, DC 20549. Copies of such will: thereunder because it ensures that filing will also be available for (a) By order approve the proposed NSCC is able to safeguard securities and inspection and copying at the principal rule change or funds in NSCC’s possession. office of NSCC. All submissions should (b) institute proceedings to determine refer to the File No. SR–NSCC–2002–06 (B) Self-Regulatory Organization’s whether the proposed rule change Statement on Burden on Competition and should be submitted by September should be disapproved. 17, 2002. NSCC does not believe that the VI. Solicitation of Comments proposed rule change would have any For the Commission by the Division of Market Regulation, pursuant to delegated impact on or impose any burden on Interested persons are invited to authority.6 competition. submit written data, views, and arguments concerning the foregoing, Margaret H. McFarland, (C) Self-Regulatory Organization’s including whether the proposed rule Deputy Secretary. Statement on Comments on the change is consistent with the Act. Proposed Rule Change Received From Exhibit 1: Text of Proposed Changes to Persons making written submissions NSCC’s Rules and Procedures Members, Participants, or Others should file six copies thereof with the No written comments relating to the Secretary, Securities and Exchange Addendum P proposed rule change have been Commission, 450 Fifth Street NW, Fine Schedule solicited or received. NSCC will notify Washington, DC 20549–0609. Copies of the Commission of any written the submission, all subsequent (1) SDFS Failure-To-Settle and Late comments received by NSCC. amendments, all written statements Acknowledgment Fines

First occa- Second oc- Third occa- Fourth oc- Net Debit sion casion sion casion

$0—100,000 ...... $100 $200 $500 $1,000 $100,000—900,000 ...... 300 600 1,500 3,000 $900,000—1,700,000 ...... 600 1,200 3,000 6,000 $1,700,000—2,500,000 ...... 900 1,800 4,500 9,000 $2,500,000—up ...... 1,000 2,000 5,000 10,000

Notes: (a) In addition to the fine, interest consultation between the Member, or the (2) Failure to notify and supply is charged to the Member, or the Settling Settling Bank Only Member, and the required data as provided for under Bank Only Member, that failed to settle for Corporation. these Rules & Procedures (other than as the cost of borrowing to complete settlement. (c) If the Corporation determines that it had provided in items one, three and four of (b) The number of occasions will be significantly affected a Member’s, or a determined over a moving three-month this addendum): Each single offense, period. A Member, or a Settling Bank Only Settling Bank Only Member’s, ability to settle $5,000.00 fine. (because of a Corporation system delay, for Member, that exceeds four failure-to-settle (3) Late Satisfaction of Clearing Fund occasions in a three-month period will be example), the Corporation may determine to 1 subject to further fees and/or other actions at waive failure-to-settle fines for that Deficiency Call the Corporation’s discretion after occurrence.

Fourth oc- Amount First occa- Second oc- Third occa- casion sion casion sion (or greater)

Up to $100 M ...... * $100 $200 $500 $100 M to $900 M ...... * 300 600 1,500 $900 M to $1.7 MM ...... * 600 1,200 3,000 $1.7 MM to $2.5 MM ...... * 900 1,800 4,500 Greater than $2.5 MM ...... * 1,000 2,000 5,000 * First occasions result in a warning letter issued to the Member.

5 Supra note 3. 1 The number of occasions is determined over a 6 17 CFR 200.30–3(a)(12). moving three-month period beginning with the first occasion.

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(4) Requests For Information 2

Request for information First occa- Second oc- Third occa- Fourth oc- (Failure to timely provide) sion casion sion casion

Financial Statements: Audited Financial Statements for Member or Parent ...... * $300 $600 $1,500 Monthly and/or Quarterly Regulatory Filings ...... * 300 600 1,500 Monthly and/or Quarterly Financial Statements ...... * 300 600 1,500 Proforma Financial Statements ...... * 300 600 1,500 Any Financial Computations, Consolidating Worksheets or Internal Statements, Upon Special Request ...... * 300 600 1,500 Risk Questionnaires/Profiles. Questionnaires ...... * 150 300 750 Profiles ...... * 150 300 750 Risk Management Policies and Procedures ...... * 150 300 750 Disaster Recovery Procedures ...... * 150 300 750 *First occasions result in a warning letter issued to the Member. Warning Letters for first occasion violations will be discontinued one year after implementation of this schedule, at which time each violation will be subject to imposition of a fine.

[FR Doc. 02–21774 Filed 8–26–02; 8:45 am] clearing fund requirements and to limit might only be assured of a limited BILLING CODE 8010–01–P the amount of a deposit that may be amount of cash thereby creating the collateralized with letters of credit. possibility of a liquidity risk at NSCC. Furthermore, because NSCC expects an II. Self-Regulatory Organization’s SECURITIES AND EXCHANGE increase in members’ reliance on the Statement of the Purpose of, and COMMISSION Collateral Management System, NSCC Statutory Basis for, the Proposed Rule [Release No. 34–46389; File No. SR–NSCC– also expects an increase in members’ Change 3 2002–05] requesting the return of excess cash. In its filing with the Commission, To assure NSCC of more cash to meet Self-Regulatory Organizations; NSCC included statements concerning liquidity needs, NSCC proposes to National Securities Clearing the purpose of and basis for the modify Procedure XV (Clearing Fund Corporation; Notice of Filing of proposed rule change and discussed any Formula and Other Matters) of its Rules Proposed Rule Change to Amend comments it received on the proposed and Procedures to require that the first Clearing Fund Requirements and rule change. The text of these statements 40% of a member’s clearing fund Letters of Credit Collaterization may be examined at the places specified contribution must be in cash unless the in Item IV below. The NSCC has member’s clearing fund requirement is August 21, 2002. prepared summaries, set forth in $10,000 or less in which case the entire Pursuant to section 19(b)(1) of the sections (A), (B), and (C) below, of the contribution must be in cash.4 NSCC Securities Exchange Act of 1934 most significant aspects of these also proposes to amend Rule 4 (Clearing (‘‘Act’’),1 notice is hereby given that on statements.2 Fund) of its Rules and Procedures to July 16, 2002, National Securities reduce from 70% to 25% the percentage Clearing Corporation (‘‘NSCC’’) filed (A) Self-Regulatory Organization’s of members’ required deposit to the with the Securities and Exchange Statement of the Purpose of, and clearing fund that may be collateralized Commission (‘‘Commission’’) and on Statutory Basis for, the Proposed Rule with letters of credit. July 25, 2002, amended the proposed Change Based on NSCC’s current calculations, rule change as described in Items I, II, Under NSCC’s current rules, each the proposed change in the percentage and III below, which items have been member, except for Mutual Fund/ of cash that must be deposited to the prepared primarily by the NSCC. The Insurance Services Members, is required clearing fund will impact approximately Commission is publishing this notice to to maintain a minimum contribution to 48 member firms. The proposed change solicit comments on the proposed rule the clearing fund of $10,000. The first reducing the permitted use of letters of change from interested parties. $10,000 of a member’s contribution credit will affect 21 of the must be in cash unless all or a part of approximately 33 member firms that I. Self-Regulatory Organization’s the member’s contribution is post such letters. NSCC intends to Statement of the Terms of Substance of collateralized with letters of credit, in implement these clearing fund changes the Proposed Rule Change which case the greater of $50,000 or ten no earlier than 30 days after the The purpose of the proposed rule percent of the member’s contribution up Commission approves the proposed rule change is to increase the minimum to a maximum of $1,000,000 is required change. Mutual Fund/Insurance amount of cash that must be deposited to be in cash. On a peak settlement day, Services Members’ cash contribution to by members, except for Mutual Fund/ if members only deposit the minimum and letters of credit requirements for the Insurance Services Members, to satisfy cash required at any given time, NSCC clearing fund will remain unchanged.

2 Fines to be levied for offenses within a moving CMS allows participants to more efficiently manage establishment of CMS); 40740 (December 3, 1998), twelve-month period beginning with the first their various clearing fund and margin deposits by 63 FR 67962 (December 9, 1998) [SR–NSCC–98–10] occasion. providing electronic access to consolidated data (order approving modification to CMS). 1 15 U.S.C. 78s(b)(1). regarding the underlying collateral held at multiple 4 The current version of Procedure XV (Version 1) 2 The Commission has modified the text of the clearing agencies and allows participating clearing is being revised by NSCC and the new version summaries prepared by the NSCC. entities the ability to view common members’ (Version 2) will be applicable to members on a 3 The Collateral Management System (‘‘CMS’’) clearing fund and margin deposits at other clearing rolling basis. The rule change proposes to amend provides automated access to information on entities. See Securities Exchange Act Release Nos. members’ clearing fund, margin, and other deposits 36091 (August 10, 1995), 60 FR 42931 (August 17, clearing fund procedures in Procedure XV.A.I.(a) in at NSCC and at other participating clearing entities. 1995) [SR–NSCC–95–06] (order approving the Version 1 and Procedure XV.II.(A) of Version 2.

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NSCC believes that the proposed rule filing also will be available for equity options that, but for the filing is consistent with section 17A of inspection and copying at the principal requirement that the underlying security the Act because it will permit NSCC to office of the NSCC. All submissions be at least $7.50, meet the criteria for have adequate liquidity resources to should refer to File No. SR–NSCC– listings in PCX Rule 3.6. assure the safeguarding of funds 2002–05 and should be submitted by The text of the proposed rule change securities for which it is responsible. September 17, 2002. appears below. New text is in italics; deletions are in brackets. (B) Self-Regulatory Organization’s For the Commission by the Division of Statement on Burden on Competition Market Regulation, pursuant to delegated * * * * * 5 authority. Rule 3.6. OPTIONS NSCC does not believe that the Margaret H. McFarland, proposed rule change will have an Rule 3.6. The underlying securities of Deputy Secretary. impact on or impose a burden on option contracts traded on the Exchange competition. [FR Doc. 02–21776 Filed 8–26–02; 8:45 am] shall be approved for Exchange BILLING CODE 8010–01–P transactions by the Board of Governors (C) Self-Regulatory Organization’s following the recommendation of the Statement on Comments on the Options Listing Committee. In Proposed Rule Change Received From SECURITIES AND EXCHANGE approving underlying securities, both Members, Participants or Others COMMISSION the Options Listing Committee and the No written comments relating to the [Release No. 34–46382; File No. SR–PCX– Board shall give due regard to, and the proposed rule change have been 2002–41] Board shall promulgate guidelines solicited or received. NSCC will notify relative to, the following factors: the Commission of any written Self-Regulatory Organizations; Notice (a) Underlying securities approved for comments it receives. of Filing and Immediate Effectiveness Exchange transactions shall have, in the of Proposed Rule Change and absence of exceptional circumstances, III. Date of Effectiveness of the Amendment No. 1 by the Pacific the following characteristics: Proposed Rule Change and Timing for Exchange, Inc. To Amend the Original (1) A minimum of 7,000,000 shares Commission Action Listing Criteria for Underlying shall be owned by persons other than Within thirty-five days of the date of Securities in PCX Rule 3.6 those required to report their stock publication of this notice in the Federal holdings under Section 16(a) of the August 20, 2002. Register or within such longer period (i) Securities Exchange Act of 1934; as the Commission may designate up to Pursuant to Section 19(b)(1) of the (2) A minimum of 2,000 shareholders; ninety days of such date if it finds such Securities Exchange Act of 1934 (3) Trading volume (in all markets 1 2 longer period to be appropriate and (‘‘Act’’), and Rule 19b–4 thereunder, which the stock is traded) of at least publishes its reasons for so finding or notice is hereby given that on July 25, 2,400,000 shares in the preceding (ii) as to which the self-regulatory 2002, the Pacific Stock Exchange, Inc. twelve months; organization consents, the Commission (‘‘PCX’’ or ‘‘Exchange’’) filed with the (4) Either (i) the [The] market price will: Securities and Exchange Commission per share of the underlying security will (A) By order approve such proposed (‘‘Commission’’) the proposed rule [shall] have been at least $7.50 for the rule change or change as described in Items I, II, and majority of business days during the (B) Institute proceedings to determine III below, which Items have been three calendar months preceding the whether the proposed rule change prepared by the Exchange. On August 6, date of selection, as measured by the should be disapproved. 2002, the Exchange filed an amendment lowest closing price reported 6 in any to the proposed rule change.3 As market in which the underlying security IV. Solicitation of Comments amended, the proposed rule change is traded on each of the subject days; or Interested persons are invited to effective upon filing with the (ii)(a) the underlying security meets the submit written data, views, and Commission, pursuant to Section guidelines for continued listing in Rule arguments concerning the foregoing, 19(b)(3)(A) of the Act,4 and Rule 19b– 3.7; (b) options on such underlying including whether the proposed rule 4(f)(6) thereunder.5 The Commission is security are traded on at least one other change is consistent with the Act. publishing this notice to solicit registered national securities exchange; Persons making written submissions comments on the proposed rule change, and (c) the average daily trading volume should file six copies thereof with the as amended, from interested persons. for such options over the last three (3) Secretary, Securities and Exchange I. Self-Regulatory Organization’s calendar months preceding the date of Commission, 450 Fifth Street, NW., Statement of the Terms of Substance of selection has been at least 5,000 Washington, DC 20549–0609. Copies of the Proposed Rule Change contracts; and the submission, all subsequent (5) The issuer is in compliance with amendments, all written statements The Exchange proposes to amend PCX any applicable requirements of the with respect to the proposed rule Rule 3.6 in order to provide alternative Securities Exchange Act of 1934. original listing criteria for individual change that are filed with the * * * * * Commission, and all written communications relating to the 5 17 CFR 200.30–3(a)(12). II. Self-Regulatory Organization’s 1 proposed rule change between the 15 U.S.C. 78s(b)(1). Statement of the Purpose of, and 2 17 CFR 240.19b–4. Commission and any person, other than Statutory Basis for, the Proposed Rule 3 See letter from Mai S. Shriver, Senior Attorney, Change those that may be withheld from the Regulatory Policy, PCX, to Florence Harmon, Senior public in accordance with the Special Counsel, Division of Market Regulation, In its filing with the Commission, the provisions of 5 U.S.C. 552, will be Commission, faxed August 6, 2002 (‘‘Amendment Exchange included statements No. 1’’). Amendment No. 1 corrects a typographical available for inspection and copying in error in the rule text by replacing the word concerning the purpose of and basis for the Commission’s Public Reference ‘‘recorded’’ with the word ‘‘reported.’’ the proposed rule change and discussed Section, 450 Fifth Street, NW., 4 15 U.S.C. 78s(b)(3)(A). Washington, DC 20549. Copies of such 5 17 CFR 240.19b-4(f)(6). 6 See Amendment No. 1, supra note 3.

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any comments it received on the Consistent with the rules of the ISE B. Self-Regulatory Organization’s proposed rule change. The text of these and Amex, the Exchange proposes an Statement on Burden on Competition statements may be examined at the alternative original listing requirement The Exchange does not believe that places specified in Item IV below. The applicable to the underlying security’s the proposed rule change will impose Exchange has prepared summaries, set price during the three calendar months any burden on competition that is not forth in Sections A, B, and C below, of preceding an options listing. necessary or appropriate in furtherance the most significant aspects of such Specifically, the Exchange proposes to of the purposes of the Act. statements. amend its rules to provide that, for C. Self-Regulatory Organization’s A. Self-Regulatory Organization’s underlying securities that satisfy all of Statement on Comments on the Statement of the Purpose of, and the initial listing requirements of Rule Proposed Rule Change Received From Statutory Basis for, the Proposed Rule 3.6, other than the $7.50 per share price Members, Participants, or Others Change requirement, the Exchange would be permitted to list options on the No written comments were solicited 1. Purpose securities so long as: (1) The underlying or received with respect to the proposed PCX Rule 3.6 sets forth the criteria security meets the guidelines for rule change. that an underlying individual equity continued approval contained in PCX III. Date of Effectiveness of the security must meet before the Exchange Rule 3.7; (2) options on such underlying may initially list options on that Proposed Rule Change and Timing for security are traded on at least one other Commission Action security. Specifically, PCX Rule 3.6(a)(4) registered national securities exchange; provides that the market price per share The foregoing rule change has become and (3) the ADTV for such options over of the underlying security must have effective pursuant to Section 19(b)(3)(A) the last three calendar months been at least $7.50 for the majority of of the Act 11 and paragraph (f)(6) of Rule business days during the three calendar preceding the date of selection has been 19b–412 thereunder because it does not: months preceding the date of selection at least 5,000 contracts. (i) Significantly affect the protection of for listing. The Exchange’s other initial The Exchange believes that this investors or the public interest; (ii) listings guidelines provide that: (1) The proposal is narrowly drafted to address impose any significant burden on underlying security consists of a large the circumstances where an actively- competition; (iii) become operative for number of outstanding shares held by traded option issue is currently 30 days from the date on which it was non-affiliates of the issuer; (2) the ineligible for listing on the PCX while filed, or such shorter time as the underlying security is actively-traded; at the same time, it is trading on another Commission may designate; and the (3) there are a large number of holders options exchange. The Exchange also Exchange has given the Commission of the underlying security; and (4) the believes the proposed alternative written notice of its intention to file the underlying security continues to be original listing criteria’s limitation to proposed rule change at least five listed on a national securities exchange cover only those options that are business days prior to filing. At any or traded through the facilities of a actively traded (i.e., options with an time within 60 days of the filing of such national securities association. ADTV of at least 5,000 contracts over proposed rule change, the Commission Although these criteria are generally the least three calendar months) should may summarily abrogate such rule uniform among the options exchanges, allay any concerns regarding the listing change if it appears to the Commission the Commission has recently approved that such action is necessary or of options that may be inappropriate. proposed rule changes submitted by the appropriate in the public interest, for Because these options are actively International Securities Exchange LLC the protection of investors, or otherwise (‘‘ISE’’) and the American Stock traded in other markets, the Exchange in furtherance of the purposes of the Exchange (‘‘Amex’’) that eliminate a believes that there would be no investor Act. requirement that the market price per protection concerns with listing such The Commission notes that under share of an underlying security be at options on the Exchange and that listing Rule 19b–4(f)(6)(iii), the proposal does least $7.50 when such options are these options on the Exchange would not become operative for 30 days after otherwise listed and traded on another enhance competition and benefit the date of its filing, or such shorter options exchange and have an average investors. time as the Commission may designate daily trading volume (‘‘ADTV’’) over the 2. Statutory Basis if consistent with the protection of last three (3) calendar months of at least investors and the public interest. The 5,000 contracts.7 Therefore, so long as The Exchange believes that the Exchange has requested that the options meet the maintenance proposed rule change is consistent with Commission waive the 30-day operative requirement on exchanges that already the requirement of Section 6(b) of the date. The Exchange contends that trade them, the ISE and Amex may list Act 9 in general and furthers the acceleration of the operative date is new options for trading those options objectives of Section 6(b)(5) of the Act 10 consistent with the protection of despite the fact that the underlying in particular, in that the Exchange has investors and the public interest security no longer meets the initial rules that are designed to prevent because the language of this proposed listing requirements.8 fraudulent and manipulative acts and rule is substantially similar to rule language that was put out for notice and 7 See Securities Exchange Act Release No. 45220 practices, to promote just and equitable principles of trade, and, in general, to comment when ISE and the Amex (December 31, 2002), 67 FR 760 (January 7, 2002) submitted their proposed rule changes. (SR–ISE–2001–33); Securities Exchange Act Release protect investors and the public interest. No. 45505 (March 5, 2002), 67 FR 10941 (March 11, For this reason, consistent with Section 2002) (SR–Amex–2002–13). 19(b)(2) of the Act,13 the Commission 8 The Exchange’s maintenance requirements are part, because the Exchange’s other guidelines assure designates the proposal to be effective less stringent. In particular, additional series may that options would be listed and traded on be added pursuant to PCX Rule 3.7, Commentary securities of companies that are financially sound .02, if the underlying security is at least $3 in the and subject to adequate minimum standards. 11 15 U.S.C. 78s(b)(3)(A). primary market. The Exchange states that this less 9 15 U.S.C. 78f(b). 12 17 CFR 240.19b–4(f)(6). stringent maintenance standard is permitted, in 10 15 U.S.C. 78f(b)(5). 13 15 U.S.C. 78s(b)(2).

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and operative upon filing with the Program on Eastern Europe and the Purpose: To support dissertation and Commission.14 Independent States of the Former Soviet post-doctoral research fellowships; Union (Title VIII). These applications institutional language training grants in IV. Solicitation of Comments are submitted in response to an annual, the U.S. covering the basic languages of Interested persons are invited to open competition among U.S. national Central and East Europe; individual submit written data, views and organizations with interest and language training fellowships; and the arguments concerning the foregoing, expertise administering research and Junior Scholars’ Training Seminar with including whether the proposed rule training programs in the Russian, the Woodrow Wilson Center. change is consistent with the Act. Eurasian, and Central and East Contact: Andrzej Tymowski, Persons making written submissions European fields. The program seeks to Executive Associate, American Council should file six copies thereof with the build and sustain U.S. expertise on of Learned Societies, 663 Third Avenue, Secretary, Securities and Exchange these regions through support for 8C, New York, NY 10017–6795. (212) Commission, 450 Fifth Street, NW., advanced graduate training, language 697–1505 (ext. 134/135). Fax (212) 949– Washington, DC 20549–0609. Copies of training, and postdoctoral research. 8058. e-mail: [email protected]. the submission, all subsequent The committee includes 2. American Councils for International amendments, all written statements representatives of the Secretaries of Education with respect to the proposed rule Defense and Education, the Librarian of change that are filed with the Congress, and the Presidents of the Grant: $490,000 ($420,000–NIS, Commission, and all written American Association for the $70,000–EE/B). communications relating to the Advancement of Slavic Studies and the Purpose: To support on-site proposed rule change between the Association of American Universities. individual language training fellowships Commission and any person, other than The Assistant Secretary for Intelligence in advanced Russian, the non-Russian those that may be withheld from the and Research chairs the advisory languages of Eurasia, and the Central public in accordance with the committee for the Secretary of State. European languages; the Research provisions of 5 U.S.C. 552, will be The committee meets at least annually Scholars and Junior Faculty fellowships; available for inspection and copying in to recommend grant policies and and the Combined Language Training the Commission’s Public Reference recipients. and Research fellowships, including a Room. For further information, please call Special Research Initiative on Central Copies of such filing will also be Susan Nelson, INR/RES, U.S. Asia; Research Scholar and Junior available for inspection and copying at Department of State, (202) 736–4610. Faculty research fellowships. the principal office of PCX. All Contact: Graham Hettlinger, American submissions should refer to File No. Dated: August 21, 2002. Councils for International Education, SR–PCX–2002–41 and should be Kenneth E. Roberts, 1776 Massachusetts Avenue, NW, Suite submitted by September 17, 2002. Executive Director, Advisory Committee for 700, Washington, DC 20036. (202) 833– For the Commission, by the Division of Study of Eastern Europe and the Independent 7522. Fax (202) 833–7523. e-mail: Market Regulation, pursuant to delegated States of the Former Soviet Union, [email protected]. authority.15 Department of State. [FR Doc. 02–21769 Filed 8–26–02; 8:45 am] 3. The William Davidson Institute of the Margaret H McFarland, BILLING CODE 4710–32–P University of Michigan Business School Deputy Secretary. Grant: $210,000 (120,000–NIS; [FR Doc. 02–21773 Filed 8–26–02; 8:45 am] $90,000–EE/B). BILLING CODE 8010–01–P DEPARTMENT OF STATE Purpose: To support grants for pre- [Public Notice 4084] and post-doctoral research projects on economic and business development DEPARTMENT OF STATE FY 2002 Funding under the Research and public policy to develop free markets in the Balkans, Central Asia, Bureau of Intelligence and Research and Training for Eastern Europe and The Independent States of the Former and the Caucasus. [Public Notice 4083] Soviet Union Act of 1983 (Title VIII) Contact: Deborah Jahn, Administrative Director, The William Advisory Committee for the Study of Deputy Secretary of State Richard L. Davidson Institute, University of Eastern Europe and the Independent Armitage approved on May 22, 2002, Michigan Business School, 724 East States of the Former Soviet Union; the FY 2002 funding recommendations University Avenue, Ann Arbor, MI Notice of Committee Renewal of the Advisory Committee for the Study 48109–1234. (734) 615–4562. Fax (734) of Eastern Europe and the Independent I. Renewal of Advisory Committee 763–5850. e-mail: [email protected]. States of the Former Soviet Union. The The Department of State has renewed Title VIII program, administered by the 4. University of Illinois at Urbana- the Charter of the Advisory Committee U.S. Department of State, seeks to build Champaign for the Study of Eastern Europe and the expertise on the countries of Eurasia Grant: $160,000 ($130,000–NIS; Independent States of the Former Soviet and Central and East Europe through $30,000–EE/B). Union. This advisory committee makes support to national organizations in the Purpose: To support the Summer recommendations to the Secretary of U.S. for advanced research, language Research Laboratory, which provides State on funding for applications and graduate training, and other dormitory housing and access to the submitted for the Research and Training activities conducted domestically and University’s library for advanced on-site. The FY 2002 grant recipients are research, and the Slavic Reference 14 For purposes only of accelerating the operative listed below. Service, which locates materials date of this proposal, the Commission has unavailable through regular interlibrary considered the proposed rule’s impact on 1. American Council of Learned loan. efficiency, competition, and capital formation. 15 Societies U.S.C. 78c(f). Contact: Dianne Merridith, Program 15 17 CFR 200.30–3(a)(12). Grant: $480,000 (EE). Administrator, Russian and East

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European Center, University of Illinois 8. The Woodrow Wilson Center for Transportation, 400 Seventh Street, at Urbana-Champaign, 104 International International Scholars SW., Washington, DC 20590, and should Studies Building, 910 South Fifth Street, Grant: $770,000 ($490,000–NIS; be served upon the parties listed in Champaign, IL 61820. (217) 333–1244. $280,000–EE/B). Attachment A to the order. Fax (217) 333–1582. e-mail: Purpose: To support the residential FOR FURTHER INFORMATION CONTACT: Ms. [email protected]. programs for post-doctoral Research Delores King, Air Carrier Fitness 5. International Research and Scholars, Short-term Scholars and Division (X–56, Room 6401), U.S. Exchanges Board Interns; the Meetings, Outreach and Department of Transportation, 400 Publications Programs of the Kennan Seventh Street, SW., Washington, DC Grant: $705,000 ($440,000–NIS; Institute for Advanced Russian Studies 20590, (202) 366–2343. $265,000–EE/B). Purpose: To support Individual and East European Studies of the Dated: August 20, 2002. Advanced Research Opportunities at the European Program, including the Read C. Van De Water, pre- and post-doctoral levels for on-site Kennan’s Workshop on Conflict in the Assistant Secretary for Aviation and research; Short-term Travel Grants for Former Soviet Union, and the East International Affairs. senior scholars; a Regional Policy European Program’s Junior Scholars’ [FR Doc. 02–21804 Filed 8–26–02; 8:45 am] Training Seminar with the American Symposium on Central Asia and Its BILLING CODE 4910–62–P Neighbors, in conjunction with the Council of Learned Societies. Contact: Nancy Popson, Deputy Woodrow Wilson Center; dissemination Director, Kennan Institute, (202) 691– activities; and Policy Forums. DEPARTMENT OF TRANSPORTATION Contact: Joyce Warner, Director, 4100. Fax (202) 691–4247. e-mail: Academic Exchanges and Research [email protected]; or, Martin Office of the Secretary Sletzinger, Director, East European Division, International Research and [Notice 02–1] Exchanges Board, 2121 K Street, NW., Studies, The Wilson Center, 1300 Suite 700, Washington, DC 20037. (202) Pennsylvania Avenue, NW., Senior Executive Service Performance 628–8188. Fax (202) 628–8189. e-mail: Washington, DC 20004–3027. (202) 691– Review Boards Membership [email protected]. 4263. Fax (202) 691–4247. e-mail: [email protected]. AGENCY: Office of the Secretary, DOT. 6. National Council for Eurasian and Dated: August 21, 2002. ACTION: Notice of Performance Review East European Research Kenneth E. Roberts, Board (PRB) appointments. Grant: $1,175,000 ($900,000–NIS; Executive Director, Advisory Committee for SUMMARY: DOT publishes the names of $275,000–EE/B). Study of Eastern Europe and Independent the persons selected to serve on the Purpose: To support the post-doctoral States of the Former Soviet Union, various Departmental PRBs as required National Research Program of research Department of State. by 5 U.S.C. 4314(c)(4). contracts for collaborative projects and [FR Doc. 02–21770 Filed 8–26–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mari fellowship grants for individuals; Policy BILLING CODE 4710–32–P Research Fellowships in Eurasia and Barr Santangelo, Departmental Director, Central and East Europe for junior post- Office of Human Resource Management, (202) 366–4088. doctoral scholars; Short-term research DEPARTMENT OF TRANSPORTATION grants to focus on Central Asia, SUPPLEMENTARY INFORMATION: The Caucasus, and the Balkans; and the Ed. Office of the Secretary persons named below have been A. Hewett Fellowship Program to allow selected to serve on one or more a scholar to work on a research project Application of BNJ Charter Company, Departmental PRBs. for up to a year while serving in a USG L.L.C. for Certificate Authority Issued in Washington, DC, on August 21, agency. 2002. AGENCY: Department of Transportation. Contact: Robert Huber, President, Melissa J. Allen, ACTION: Notice of Order to Show Cause National Council for Eurasian and East Assistant Secretary for Administration. European Research, 910 17th Street, (Order 2002–8–19), Dockets OST–02– NW., Suite 300, Washington, DC 20006. 14145 and OST–02–14147. Federal Railroad Administration (202) 822–6950. Fax (202) 822–6955. e- SUMMARY: The Department of Jane H. Bachner, Deputy Associate mail: [email protected]. Transportation is directing all interested Administrator for Industry and 7. Social Science Research Council persons to show cause why it should Intermodal Policy, Federal Railroad not issue an order finding BNJ Charter Administration Grant: $760,000 ($730,000–NIS, Company, L.L.C., fit, willing, and able, Mark Yachmetz, Associate $30,000–Baltics). and awarding it certificates of public Administrator for Railroad Purpose: To support pre-doctoral Development, Federal Railroad fellowships, including advanced convenience and necessity to engage in interstate and foreign charter air Administration graduate and dissertation; post-doctoral Robert Gould, Associate Administrator fellowships; a dissertation workshop on transportation of persons, property and mail. for Public Affairs, Federal Railroad understudied regions; and the Administration institutional language programs for DATES: Persons wishing to file Rosalind A. Knapp, Deputy General advanced Russian, other Eurasian objections should do so no later than Counsel, Office of the Secretary languages, and the Baltic languages. September 3, 2002. Jerry Hawkins, Director, Office of Contact: Seteney Shami, Program ADDRESSES: Objections and answers to Human Resources, Federal Highway Director, Social Science Research objections should be filed in Dockets Administration Council, 810 7th Avenue, 31st Floor, OST–02–14145 and OST–02–14147 and New York, NY 10019. (212) 377–2700. addressed to the Department of Federal Transit Administration Fax (212) 377–2727. e-mail: Transportation Dockets (SVC–124.1, Janet L. Sahaj, Deputy Associate [email protected]. Room PL–401), U.S. Department of Administrator, Office of Program

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Management, Federal Transit Roberta Gabel, Assistant General Office of the Secretary, Transportation Administration Counsel for Environmental, Civil Administrative Service Center, Bureau William P. Sears, Chief Counsel, Federal Rights, and General Law, Office of the of Transportation Statistics Transit Administration Secretary Bruce J. Carlton, Associate William Outlaw, Associate Michael Dannenhauer, Director, Administrator for Policy and Administrator for Public Affairs, Executive Secretariat, Office of the International Trade, Maritime Federal Highway Administration Secretary Administration Paul Gretch, Director, Office of National Highway Traffic Safety Rosalind A. Knapp, Deputy General International Aviation, Office of the Counsel, Office of the Secretary Administration Secretary Glenda Tate, Assistant Administrator for Human Resource Management, Delmas Johnson, Associate Randall Bennett, Director, Office of Federal Aviation Administration Administrator for Administration, Aviation and International National Highway Traffic Safety Economics, Office of the Secretary Office of Inspector General Administration Roberta D. Gabel, Assistant General Thomas J. Bondurant, Assistant William Walsh, Associate Administrator Counsel for Environmental, Civil Inspector General for Investigations, for Plans and Policy, National Rights, and General Law, Office of the Department of Justice Highway Traffic Safety Secretary Michael Phelps, Deputy Assistant Administration Inspector General for Auditing, Kenneth Weinstein, Associate Susan Lapham, Associate Director for Department of Housing and Urban Administrator for Safety Assurance, Statistical Programs and Services Development National Highway Traffic Safety Bureau of Transportation Statistics Judith J. Gordon, Assistant Inspector Administration Patricia Prosperi, Principal, TASC General for Systems Evaluation, Jacqueline Glassman, Chief Counsel, Information Services, Transportation Department of Commerce Administrative Service Center Nancy Hendricks, Assistant Inspector National Highway Traffic Safety General for Audit, Federal Emergency Administration Edward L. Thomas, Associate Management Agency Michael Vecchetti, Associate Administrator for Research, Adrienne Rish, Assistant Inspector Administrator for Administration, Demonstration and Innovation, General for Investigations, Agency for Federal Highway Administration Federal Transit Administration International Development Dorrie Aldrich, Associate Administrator Joseph R. Willever, Deputy Inspector Research and Special Programs for Administration, Federal Transit Administration General, Office of Personnel Administration Management Christopher W. Strobel, Special Elissa Karpf, Assistant Inspector General Federal Highway Administration Assistant, Office of the Secretary for Planning, Analysis, & Results, George Ostensen, Associate Environmental Protection Agency King W. Gee, Associate Administrator Administrator for Safety, Federal Gregory S. Seybold, Assistant Inspector for Infrastructure, Federal Highway Highway Administration General for Investigations, Administration James Rowland, Chief Counsel, Federal Department of Agriculture Patricia A. Prosperi, Principal, TASC Highway Administration Carol L. Levy, Assistant Inspector Information Services, Transportation General for Investigations, Defense Dwight A. Horne, Director, Office of Administrative Service Center Contract Investigative Service Program Administration, Federal Emmett D. Dashiell, Deputy Assistant Highway Administration Federal Motor Carrier Safety Inspector General for Investigations, Michael J. Vecchietti, Associate Administration Environmental Protection Agency Administrator for Administration, Brian McLaughlin, Associate Federal Highway Administration United States Coast Guard Administrator for Policy and Program RADM K.T. Venuto, Assistant Jane Bachner, Deputy Associate Development, Federal Motor Carrier Commandant for Human Resources, Administrator for Industry and Safety Administration Intermodal Policy, Federal Railroad United States Coast Guard Jeffrey Lindley, Director, Office of RADM J.A. Kinghorn, Assistant Administration Travel Management, Federal Highway Commandant for Systems, United Maritime Administration Administration States Coast Guard RADM (SEL) S. Rochon, Director, Office Robert B. Ostrom, Chief Counsel, Jerry Hawkins, Director, Office of of Intelligence and Security, United Maritime Administration Human Resources, Federal Highway States Coast Guard Margaret D. Blum, Associate Administration RADM H.E. Johnson, Director, Administrator for Port, Intermodal Thomas Herlihy, Assistant General Operations Capability, United States and Environmental Activities, Counsel for Legislation, Office of the Coast Guard Maritime Administration Secretary Janet L. Sahaj, Deputy Associate James E. Caponiti, Associate Administrator, Office of Program Susan Binder, Director, Office of Administrator for National Security, Management, Federal Transit Legislation and Strategic Planning, Maritime Administration Administration Federal Highway Administration Jean E. McKeever, Associate Jerry Hawkins, Director, Office of William Outlaw, Associate Human Resources, Federal Highway Administrator for Shipbuilding, Maritime Administration Administrator for Public Affairs, Administration Federal Highway Administration Jean McKeever, Associate Administrator Jerry A. Hawkins, Director, Office of for Shipbuilding, Maritime Human Resources, Federal Highway [FR Doc. 02–21782 Filed 8–26–02; 8:45 am] Administration Administration BILLING CODE 4910–62–P

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DEPARTMENT OF TRANSPORTATION takeoff and a landing when Docket No.: FAA–2002–12751. completing initial or upgrade training Petitioner: F.S. Air Service, Inc. Federal Aviation Administration as specified in § 121.424. Grant/July Section of 14 CFR Affected: 14 CFR 135.143(c)(2). [Summary Notice No. PE–2002–52] 17, 2002, Exemption No. 7353A Docket No.: FAA–2002–12401. Description of Relief Sought/ Petitions for Exemption; Dispositions Petitioner: HeliFlite Shares, LLC Disposition: To permit F.S. Air of Petitions Issued Section of 14 CFR Affected: 14 CFR Service to operate certain aircraft 135.151(a). under part 135 without a TSO–C112 AGENCY: Federal Aviation Description of Relief Sought/ (Mode S) transponder installed in the Administration (FAA), DOT. Disposition: To permit HeliFlite to aircraft. Grant/July 25, 2002, ACTION: Notice of dispositions of prior operate a rotorcraft seating six or more Exemption No. 7845 petitions for exemption. passengers and requiring two pilots, Docket No.: FAA–2002–12719. without equipping the rotorcraft with Petitioner: Pathfinder Aviation, Inc. SUMMARY: Pursuant to FAA’s rulemaking an approved cockpit voice recorder Section of 14 CFR Affected: 14 CFR provisions governing the application, (CVR). Denial/July 17, 2002, 135.143(c)(2). processing, and disposition of petitions Exemption No. 7839 Description of Relief Sought/ for exemption part 11 of Title 14, Code Docket No.: FAA–2002–12339. Disposition: To permit Pathfinder to of Federal Regulations (14 CFR), this Petitioner: Flight Alaska, Inc. operate certain aircraft under part 135 notice contains a summary of Section of 14 CFR Affected: 14 CFR without a TSO–C112 (Mode S) dispositions of certain petitions 135.152(a). transponder installed in the aircraft. previously received. The purpose of this Description of Relief Sought/ Grant/July 25, 2002, Exemption No. notice is to improve the public’s Disposition: To permit Flight Alaska 7844 awareness of, and participation in, this Inc to operate one Beechcraft King Air Docket No.: FAA–2000–8338. aspect of FAA’s regulatory activities. 200 airplane, serial No. BB–483, Petitioner: Air Cargo Express. Neither publication of this notice nor registration No. N250FN, in a 13-seat Section of 14 CFR Affected: 14 CFR the inclusion or omission of information configuration under part 135 without 121.345(c)(2) and 135.143(c)(2). in the summary is intended to affect the that airplane being equipped with one Description of Relief Sought/ legal status of any petition. or more digital flight data recorders Disposition: To permit Air Cargo FOR FURTHER INFORMATION CONTACT: (DFDR). Denial/July 18, 2002, Express to operate certain aircraft Forest Rawls (202) 267–8033, Sandy Exemption No. 7838 under parts 121 and 135 without a Buchanan-Sumter (202) 267–7271, Docket No.: FAA–2002–11933. TSO–C112 (Mode S) transponder Vanessa Wilkins (202) 267–8029,or Petitioner: Continental Express installed on those aircraft. Grant/July Denise Emrick (202) 267–5174, Office of Section of 14 CFR Affected: 14 CFR 29, 2002, Exemption No. 7403B Rulemaking (ARM–1), Federal Aviation 121.434(c)(1)(ii). Docket No.: FAA–2002–12718. Description of Relief Sought/ Administration, 800 Independence Petitioner: ARCH Air Medical Service, Disposition: To permit Continental to Avenue, SW., Washington, DC 20591. Inc. This notice is published pursuant to substitute a qualified and authorized Section of 14 CFR Affected: 14 CFR 14 CFR 11.85 and 11.91. check airman for an FAA inspector to 135.143(c)(2). observe a qualifying pilot in Description of Relief Sought/ Issued in Washington, DC, on August 22, command (PIC) perform prescribed 2002. Disposition: To permit ARCH to duties during at least one flight leg operate certain aircraft under part 135 Donald P. Byrne, that includes a takeoff and a landing Assistant Chief Counsel for Regulations. without a TSO–C112 (Mode S) when the PIC is completing initial or transponder installed in the aircraft. Dispositions of Petitions upgrade training as specified in Grant/July 31, 2002, Exemption No. § 121.424. Grant/July 23, 2002, 7848 Docket No.: FAA–2002–12729. Exemption No. 6798B Petitioner: Evergreen Helicopters of Docket No.: FAA–2002–12733. [FR Doc. 02–21783 Filed 8–26–02; 8:45 am] Alaska, Inc. Petitioner: High Adventure Air Charter, BILLING CODE 4910–13–P Section of 14 CFR Affected: 14 CFR Guides and Outfitters, Inc. 135.143(c)(2). Section of 14 CFR Affected: 14 CFR Description of Relief Sought/ 135.143(c)(2). DEPARTMENT OF TRANSPORTATION Disposition: To permit Evergreen Description of Relief Sought/ Helicopters to operate certain aircraft Disposition: To permit High Federal Aviation Administration under part 135 without a TSC–C112 Adventure to operate certain aircraft Research, Engineering and (Mode S) transponder installed in the under part 135 without a TSO–C112 aircraft. Grant/July 25, 2002, Development (R, E & D) Advisory (Mode S) transponder installed in the Committee Exemption No. 7843 aircraft. Grant/July 24, 2002, Docket No.: FAA–2002–12009. Exemption No. 7842 Pursuant to section 10(A)(2) of the Petitioner: Chautauqua Airlines, Inc. Docket No.: FAA–2002–12727. Federal Advisory Committee Act (Pub. Section of 14 CFR Affected: 14 CFR Petitioner: Talon Air Service, Inc. L. 92–463; 5 U.S.C. App. 2), notice is 121.434(c)(1)(ii). Section of 14 CFR Affected: 14 CFR hereby given of a meeting of the FAA Description of Relief Sought/ 135.143(c)(2). Research, Engineering and Development Disposition: To permit Chautauqua to Description of Relief Sought/ (R, E & D) Advisory Committee. substitute a qualified and authorized Disposition: To permit Talon to AGENCY: Federal Aviation check airman in place of an FAA operate certain aircraft under part 135 Administration. inspector to observe a qualifying pilot without a TSO–C112 (Mode S) ACTION: Notice of meeting. in command (PIC) while that PIC is transponder installed in the aircraft. performing prescribed duties during Grant/July 25, 2002, Exemption No. Name: Research, Engineering & at least one flight leg that includes a 7846 Development Advisory Committee.

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Time and Date: September 30—9 6120; or Bradley Larson, Public Works (Catalog of Federal Domestic Assistance a.m.–5 p.m., October 1—10 a.m.–5 p.m. Director/County Highway Engineer, Program Number 20.205, Highway Planning Place: Holiday Inn Rosslyn Westpark Scott County Public Works Division, and Construction. The regulations Hotel, 1900 North Fort Myer Drive, Highway Department, 600 Country Trail implementing Executive Order 12372 regarding intergovernmental consultation on Arlington, Virginia 22209. East, Jordan, Minnesota 55352–9339, Purpose: On September 30 from 9 Federal programs and activities apply to this Telephone (952) 496–8346. program.) a.m–5 p.m. and October 1 from 10 a.m.– SUPPLEMENTARY INFORMATION: The Issued on: August 19, 2002. 12 noon the meeting agenda will FHWA, in cooperation with the Scott include receiving from the Committee Stanley M. Graczyk, County Highway Department will Project Development Engineer, Federal guidance for FAA’s research and prepare an EIS on a proposal to extend development investments in the areas of Highway Administration, St. Paul, Minnesota. CSAH 21 as a four-lane expressway, [FR Doc. 02–21708 Filed 8–26–02; 8:45 am] air traffic services, airports, aircraft from CSAH 42 on the south to CSAH 18 BILLING CODE 4910–22–M safety, security, human factors and on the north, a distance of environment and energy. A joint session approximately 2.5 miles. will be held on October 1 from 1 p.m. A scoping process will be used to DEPARTMENT OF TRANSPORTATION to 5 p.m. with NASA’s Aerospace identify the alternatives and issues to be Technology Advisory Committee. The addressed in the EIS. The EIS will Research and Special Programs planned agenda includes a briefing on evaluate the social, economic, Administration the 21st Century Aviation Systems and transportation and environmental a discussion on issues and activities that impacts of alternatives. The ‘‘Scott Office of Hazardous Materials Safety; impact both groups. County CSAH 21 Scoping Document/ Notice of Applications for Exemptions Attendance is open to the interested Draft Scoping Decision Document’’ will AGENCY: Research and Special Programs public but limited to space available. be published in the Spring 2003. A Administration, DOT. Persons wishing to attend the meeting press release will be published to or obtain information should contact inform the public of the document’s ACTION: List of applicants for Gloria Dunderman at the Federal availability. Copies of the scoping exemptions. Aviation Administration, AAR–200, 800 document will be distributed to SUMMARY: In accordance with the Independence Avenue, SW., agencies, interested persons and Washington, DC 20591 (202) 267–8937 procedures governing the application libraries for review to aid in identifying for, and the processing of, exemptions or [email protected]. issues and analyses to be contained in Members of the public may present a from the Department of Transportation’s the EIS. written statement to the Committee at Hazardous Materials Regulations (49 A thirty-day comment period for any time. CFR part 107, subpart B), notice is review of the document will be Issued in Washington, DC, on August 20, hereby given that the Office of provided to afford an opportunity for all Hazardous Materials Safety has received 2002. interested persons, agencies and groups Herman A. Rediess, the applications described herein. Each to comment on the proposed action. A mode of transportation for which a Director, Office of Aviation Research. public scoping meeting will also be held particular exemption is requested is [FR Doc. 02–21784 Filed 8–26–02; 8:45 am] during the comment period. Public indicated by a number in the ‘‘Nature of BILLING CODE 4910–13–M notice will be given for the time and Application’’ portion of the table below place of the meeting. as follows: 1—Motor Vehicle, 2—Rail A Draft EIS, which will be prepared freight, 3—Cargo vessel, 4—Cargo DEPARTMENT OF TRANSPORTATION based on the outcome of the scoping aircraft only, 5—Passenger-carrying process, will be available for agency and aircraft. Federal Highway Administration public review and comment. In addition, a public hearing will be held DATES: Comments must be received on Environmental Impact Statement; Scott following completion of the Draft EIS. or before September 26, 2002. County, MN Public Notice will be given for the time Address Comments to: Records AGENCY: Federal Highway and place of the public hearing on the Center, Research and Special Programs Administration (HFWA), DOT. Draft EIS. Administration, U.S. Department of ACTION: Notice of intent. Coordination has been initiated and Transportation, Washington, DC 20590. will continue with appropriate Federal, Comments should refer to the SUMMARY: The FHWA is issuing this State and local agencies and private application number and be submitted in notice to advise the public that an organizations and citizens who have triplicate. If confirmation of receipt of environmental impact statement (EIS) previously expressed or are known to comments is desired, include a self- will be prepared for a proposed have an interest in the proposed action. addressed stamped postcard showing extension of County State Aid Highway To ensure that the full range of issues the exemption application number. (CSAH) 21 from CSAH 42 on the south related to this proposed action are FOR FURTHER INFORMATION CONTACT: to CSAH 18 on the north in Scott addressed and all significant issues Copies of the application (See Docket County, Minnesota. identified, comments and suggestions Number) are available for inspection at FOR FURTHER INFORMATION CONTACT: are invited from all interested parties. the New Docket Management Facility, Cheryl Martin, Federal Highway Comments or questions concerning this PL–401, at the U.S. Department of Administration, Galtier Plaza, 380 proposed action and the EIS should be Transportation, Nassif Building, 400 7th Jackson Street, Suite 500, St. Paul, directed to the FHWA at the address Street, SW., Washington, DC 20590 or at Minnesota 55101, Telephone (651) 291– provided above. http://dms.dot.gov.

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This notice of receipt of applications Issued in Washington, DC, on August 22, for new exemptions is published in 2002. accordance with part 107 of the Federal R. Ryan Posten, hazardous materials transportation law Exemptions Program Officer, Office of (49 U.S.C. 5117(b); 49 CFR 1.53(b)). Hazardous Materials Exemptions and Approvals.

NEW EXEMPTIONS

Applica- tion No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof

13057–N RSPA–02–12819 MINTEQ International 49 CFR 172 Subparts D, To authorize the transportation in commerce of Inc., Easton, PA. E & F, 173.24(c) Sub- metal tubing containing hazardous materials to be parts E&F of Part 173. transported with minimal regulation. (modes 1, 2, 3) 13076–N RSPA–02–12820 Pencor Reservoir Fluid 49 CFR 173.34(d), To authorize the transportation in commerce of non- Specialists, Broussard, 178.35(e). DOT specification cylinders manufactured under LA. DOT–E 11990 without the rupture disk pressure relief device for use in transporting various class- es of hazardous materials. (modes 1, 2, 3, 4) 13077–N RSPA–02–12821 MacIntyre, Middlebury, VT 49 CFR 174.67(i) & (j) ..... To authorize rail cars to remain standing with dry brake on during unloading without the physical presence on an unloader. (mode 2) 13078–N RSPA–02–13000 E.I. duPont de Nemours & 49 CFR 173.31(b)(3)(i), To authorize the transportation in commerce of tank Co., Wilmington, DE. 173.31(b)(4)(i). cars without head and thermal protection for use in transporting Class 2 material. (mode 2) 13080–N RSPA–02–12999 Pressed Steel Tank Co., 49 CFR 173.300a, To manufacture, marking, sale and use of non-DOT Milwaukee, WI. 173.301(h), 173.304, specification cylinders conforming to the UN- 173.34(e). marked cylinder for use in transporting Division 2.3. (modes 1, 2, 3) 13081–N RSPA–02–12998 Industrial Equipment & 49 CFR 172.102, To authorize the transportation in commerce of Engineering, Inc., 173.243(c), 173.32(c). Class 8 hazardous materials in certain non-DOT Westlake, LA. specification portable tanks. (mode 1) 13082–N RSPA–02–12997 M&M Oil, Inc., Johns Is- 49 CFR 178.337–13(d) .... To authorize the transportation in commerce of non- land, SC. DOT specification cargo tank for use in Division 2.1 hazardous materials. (mode 1) 13083–N RSPA–02–12994 Rockwood Pigments NA, 49 CFR 172, 101 (SP IB6 To authorize the transportation in commerce of self- Inc., St. Louis, MO. or IP2). heating, solid, organic, n.o.s. in flexible inter- mediate bulk containers not to exceed 2,500 lbs. (modes 1, 2, 3) 13084–N RSPA–02–12995 Schering-Plough Veteri- 49 CFR 173.150(f) ...... To authorize the transportation in commerce of flam- nary Operations, Inc., mable liquids, n.o.s. in 75-gallon stainless steel Baton Rouge, LA. tanks between two facilities with minimal regula- tion. (mode 1) 13085–N RSPA–02–13041 Hercules Incorporated, 49 CFR 174.67(i) & (j) ..... To authorize rail cars to remain connected while Parlin, NJ. standing without the physical presence of an unloader. (mode 2) 13087–N RSPA–02–13045 Superior Oil Company, 49 CFR 173.243(d)(1)(i) .. To authorize the transportation in commerce of Inc., Indianapolis, IN. Class 8 material in bulk containers (DOT–57 port- able tanks and UN31A/Y intermediate bulk con- tainers). (mode 1) 13088–N RSPA–02–13042 Air Products & Chemicals, 49 CFR 173.192, 173.40, To authorize the transportation in commerce of Divi- Inc., Allentown, PA. 178.604. sion 2.3, 6.1 & Class 8 hazardous material in spe- cially designed stainless steel containers over- packed in reusable 30-gallon steel containers. (modes 1, 3, 4) 13091–N RSPA–02–13039 Entegris, Inc., Chaska, 49 CFR 172.101 Col. 7 To authorize the manufacture, mark, sale and use of MN. IB3. ammonia solutions, Class 8, in intermediate bulk containers. (mode 1) 13092–N RSPA–02–13040 Aztec Peroxides, L.L.C., 49 CFR 173.225(e) ...... To authorize the transportation in commerce of cer- Elyria, OH. tain organic peroxides, Division 5.2 in DOT-Speci- fication cargo tanks. (mode 1)

[FR Doc. 02–21781 Filed 8–26–02; 8:45 am] BILLING CODE 4910–60–M

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Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Nine Bexar County, Texas, Invertebrate Species; Proposed Rule

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DEPARTMENT OF THE INTERIOR You may also hand-deliver written movement, and loss of eyes, possibly as comments to our U.S. Fish and Wildlife an energy-saving trade-off (Howarth Fish and Wildlife Service Service’s Austin Ecological Services 1983). They may be able to survive from Field Office at the address given above. months to years existing on little or no 50 CFR Part 17 You may view comments and food (Howarth 1983). Adult Cicurina materials received, as well as supporting spiders have survived in captivity RIN 1018–AI47 documentation used in the preparation without food for about 4 months (James Endangered and Threatened Wildlife of this proposed rule, by appointment, Cokendolpher, pers. comm., 2002). and Plants; Designation of Critical during normal business hours in the While the life span of listed Texas Habitat for Nine Bexar County, Texas, U.S. Fish and Wildlife Service’s Austin troglobitic invertebrates is unknown, Invertebrate Species Ecological Services Field Office at the they are believed to live more than a above address. year based, in part, on the amount of AGENCY: Fish and Wildlife Service, FOR FURTHER INFORMATION CONTACT: Bill time some juveniles have been kept in Interior. Seawell, Acting Field Supervisor, U.S. captivity without maturing (Veni and ACTION: Proposed rule. Fish and Wildlife Service, Austin Associates 1999; James Reddell, Texas Ecological Services Field Office, at the Memorial Museum, pers. comm., 2000). SUMMARY: We, the U.S. Fish and above address (telephone: 512/490– James Cokendolpher (pers. comm., Wildlife Service (Service), propose 0057; facsimile: 512/490–0974). 2002) maintained a juvenile troglobitic designation of critical habitat for nine Cicurina spider from May 1999 through SUPPLEMENTARY INFORMATION: endangered karst-dwelling invertebrate April 2002. Reproductive rates of species pursuant to the Endangered Background troglobites are typically low (Poulson and White 1969; Howarth 1983). Based Species Act of 1973, as amended (Act). The following nine Bexar County, on surveys conducted by Culver (1986), The proposed critical habitat consists of Texas, invertebrate species were listed Elliott (1994a), and Hopper (2000), 25 units (a total of approximately 9,516 as endangered on December 26, 2000 population sizes of troglobitic acres) in Bexar County, Texas, each (65 FR 81419): Rhadine exilis (ground encompassing one or more caves or invertebrates are typically low, with beetle, no common name); Rhadine most species known from only a few other karst features known to contain infernalis (ground beetle, no common one or more of the listed species. specimens (Culver et al. 2000). name); Batrisodes venyivi (Helotes mold The primary habitat requirements of ‘‘Karst’’ is a type of terrain that is beetle); Texella cokendolpheri formed by the slow dissolution of these species include: (1) Subterranean (Cokendolpher cave harvestman); spaces in karst with stable temperatures, calcium carbonate from limestone Cicurina baronia (Robber Baron Cave bedrock by mildly acidic groundwater. high humidities (near saturation) and meshweaver); Cicurina madla (Madla suitable substrates (for example, spaces This process creates numerous cave Cave meshweaver); Cicurina venii openings, cracks, fissures, fractures, and between and underneath rocks suitable (Braken Bat Cave meshweaver); Cicurina for foraging and sheltering), and (2) a sinkholes and the bedrock resembles a vespera (Government Canyon Bat Cave honeycomb (USFWS 1994). Critical healthy surface community of native meshweaver); and Neoleptoneta plants and animals that provide nutrient habitat identifies areas that are essential microps (Government Canyon Bat Cave to the conservation of a listed species input and, in the case of native plants, spider). All of these species are karst act to buffer the karst ecosystem from and that may require special dwelling species of local distribution in management considerations or adverse effects (for example, non-native north and northwest Bexar County. species invasions, contaminants, and protection. They spend their entire lives If this proposal is made final, section fluctuations in temperature and underground. humidity). 7 of the Act requires Federal agencies to During the course of climatic changes ensure that actions they fund, authorize, Since sunlight is absent or only two million to ten thousand years ago, present in extremely low levels in caves, or carry out do not destroy or adversely certain creatures retreated into the more most karst ecosystems depend on modify critical habitat to the extent that stable cave environments, while their nutrients derived from the surface either the action appreciably diminishes the respective surface relatives either directly (organic material brought in by value of the critical habitat for the emigrated or became extinct (Barr 1968; animals, washed in, or deposited conservation of the species. Section 4 of Mitchell and Reddell 1971; Elliott and through root masses) or indirectly the Act requires us to consider Reddell 1989). Cave species (troglobites) through feces, eggs and carcasses of economic and other impacts of survived and colonized the caves and trogloxenes (species that regularly specifying any particular area as critical other subterranean voids. Through inhabit caves for refuge, but return to habitat. We solicit data and comments faulting and canyon downcutting, the the surface to feed) and troglophiles from the public on all aspects of this karst terrain along the Balcones Fault (species that may complete their life proposal, including data on economic Zone became increasingly dissected, cycle in the cave, but may also be found and other impacts of the designation. creating ‘‘islands’’ of karst and barriers on the surface) (Barr 1968; Poulson and DATES: We will accept comments until to dispersal. These ‘‘islands’’ isolated White 1969; Howarth 1983; Culver the close of business on November 25, troglobitic populations from each other, 1986). Primary sources of nutrients 2002. Public hearing requests must be probably resulting in speciation. include leaf litter, cave crickets, small received by October 11, 2002. Individuals of the listed species are mammals and other vertebrates that ADDRESSES: If you wish to comment, small, ranging in length from 1 defecate or die in the cave. you may submit your comments and millimeter (0.039 inch (in)) to 1 The continuing expansion of the San materials concerning this proposal by centimeter (0.39 in). They are eyeless or Antonio metropolitan area in karst the date given above to the Acting Field essentially eyeless and most lack terrain constitutes the primary threat to Supervisor, Austin Ecological Services pigment. Adaptations to cave life may the species through destruction and/or Field Office, U.S. Fish and Wildlife include adaptations to the low deterioration of habitat by construction; Service, 10711 Burnet Road, Suite 200, quantities of food in caves, including filling of caves and karst features and Austin, Texas 78758. low metabolism, long legs for efficient loss of permeable cover; contamination

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from septic effluent, sewer leaks, run- upper Glen Rose Formation, Edwards Zone 4: Areas that require further off, pesticides, and other sources; exotic Limestone, Austin Chalk, and Pecan research but are generally equivalent to species (especially nonnative fire ants); Gap Chalk (Veni 1988). The Edwards zone 3, although they may include and vandalism. Limestone accounts for one-third of the sections that could be classified as zone cavernous rock in Bexar County, and Subsurface Environment 2 or zone 5; and contains 60% of the caves, making it the Zone 5: Areas that do not contain the These karst invertebrates require most cavernous unit in the County. The invertebrates. stable temperatures and constant, high Austin Chalk outcrop is second to the humidity (Barr 1968; Mitchell 1971a) Edwards in total number of caves. In Endangered Karst Invertebrate because they have lost the adaptations Bexar County, the outcrop of the upper Distribution needed to prevent desiccation in drier member of the Glen Rose Formation habitat (Howarth 1983) and/or the accounts for approximately one-third of By 2000, about 400 caves were known ability to detect or cope with more the cavernous rock, but only 12.5% of from Bexar County (SWCA 2000). Of extreme temperatures (Mitchell 1971). Bexar County caves (Veni 1988). In these 400 caves, 57 were known to Temperatures in caves are typically the Bexar County, the Pecan Gap Chalk, contain one or more of the nine average annual surface temperature with while generally not cavernous, has a endangered invertebrates at the time the little variation (Howarth 1983; Dunlap greater than expected density of caves species were listed. Currently, we are 1995). Relative humidity is typically and passages (Veni 1988). aware of 69 caves in Bexar County that near 100% in caves that support Veni (1994) delineated six karst areas contain one or more of the listed species troglobitic invertebrates (Elliott and (hereafter referred to as karst fauna (Table 1). Reddell 1989). regions) within Bexar County: Stone During temperature extremes, the Oak, UTSA (University of Texas at San Rhadine exilis (Ground beetle—No listed species may retreat into small Antonio), Helotes, Government Canyon, Common Name) interstitial spaces (human-inaccessible) Culebra Anticline, and Alamo Heights. connected to the cave, where the These karst fauna regions are bounded The ground beetle Rhadine exilis physical environment provides the by geological or geographical features (Coleoptera: Carabidae) was first required humidity and temperature that may represent obstructions to the collected in 1959. The species was levels (Howarth 1983). These species movement (on a geologic time scale) of described by Barr and Lawrence (1960) may spend the majority of their time in troglobites which has resulted in the as Agonum exile and later assigned to such retreats, only leaving them to present-day distribution of endemic the genus Rhadine Barr (1974). The forage in the larger cave passages (restricted to a given region) karst species is currently known from 44 (Howarth 1987). invertebrates in the Bexar County area. caves: 3 in the Government Canyon The northern portion of Bexar County These areas have been delineated by karst fauna region; 5 in the Helotes karst is located on the Edwards Plateau, a Veni (1994) into five zones that reflect fauna region; 9 in the UTSA karst fauna broad, flat expanse of Cretaceous the likelihood of finding a karst feature region; and 27 in the Stone Oak karst carbonate rock that ranges in elevation that will provide habitat for the fauna region (Table 1). from 335.5 meters (m) (1,100 feet (ft)) to endangered invertebrates based on 579.5 m (1,900 ft) (Veni 1988; Soil geology, distribution of known caves, Rhadine infernalis (Ground Beetle—No Conservation Service 1962). This distribution of cave fauna, and primary Common Name) portion of the Plateau is dissected by factors that determine the presence, Rhadine infernalis (Coleoptera: numerous small streams and is drained size, shape, and extent of caves with by Cibolo Creek and Balcones Creek. To respect to cave development. These five Carabidae) was first collected in 1959. the southeast of the Plateau lies the zones are defined as: The species was initially described by Balcones Fault Zone, a 25-km-wide fault Zone 1: Areas known to contain one Barr and Lawrence (1960) as Agonum zone that extends from the northeast or more of the nine endangered karst infernale, but later assigned to the genus corner of the County to the western invertebrates; Rhadine (Barr 1974). Scientists have County line. The many streams and Zone 2: Areas having a high recognized three subspecies (Rhadine karst features of this zone recharge the probability of suitable habitat for the infernalis ewersi, Rhadine infernalis Edwards Aquifer. invertebrates; infernalis, Rhadine infernalis ssp.) (Barr The principal cave-containing rock Zone 3: Areas that probably do not 1974; Barr and Lawrence 1960; Reddell units of the Edwards Plateau are the contain the invertebrates; 1998).

TABLE 1.—CAVES KNOWN TO CONTAIN ONE OR MORE OF THE NINE LISTED BEXAR COUNTY, TEXAS KARST INVERTEBRATES

Species (# of caves) Cave name Karst fauna region

Rhadine exilis (44) ...... 40 mm Cave ...... Stone Oak. B–52 Cave. Backhole. Black Cat Cave. Boneyard Pit. Bunny Hole. Cross the Creek Cave. Dos Viboras Cave. Eagle’s Nest Cave. Hairy Tooth Cave. Headquarters Cave. Hilger Hole. Hold-Me-Back Cave. Hornet’s Last Laugh Pit.

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TABLE 1.—CAVES KNOWN TO CONTAIN ONE OR MORE OF THE NINE LISTED BEXAR COUNTY, TEXAS KARST INVERTEBRATES—Continued

Species (# of caves) Cave name Karst fauna region

Isocow Cave. Kick Start Cave. MARS Pit. MARS Shaft. Pain in the Glass Cave. Platypus Pit. Poor Boy Baculum Cave. Ragin’ Cajun Cave. Root Canal Cave. Root Toupee Cave. Springtail Crevice. Strange Little Cave. Up the Creek Cave. Christmas Cave ...... Helotes. Helotes Blowhole. Helotes Hilltop Cave. Logan’s Cave. Unnamed cave 1⁄2 mile N. of Helotes. Government Canyon Bat Cave ...... Government Canyon. San Antonio Ranch Pit. Tight Cave. Hills and Dales Pit ...... UTSA. John Wagner Ranch Cave No. 3. Kamikazi Cricket Cave. La Cantera Cave No. 1. La Cantera Cave No. 2. Mastodon Pit. Robber’s Cave. Three Fingers Cave. Young Cave No. 1. R. infernalis (6) (subspecies not indicated) Canyon Ranch Pit ...... Government Canyon. Fat Man’s Nightmare Cave. Scenic Overlook Cave. Pig Cave. San Antonio Ranch Pit. Obvious Little Cave ...... Culebra Anticline. R. infernalis ewersi (3) ...... Flying Buzzworm Cave ...... Stone Oak. Headquarters Cave. Low Priority Cave. R. infernalis new subspecies (6) ...... Caracol Creek Coon Cave ...... Culebra Anticline. Game Pasture Cave No. 1. Isopit. King Toad Cave. Stevens Ranch Trash Hole Cave. Wurzbach Bat Cave. R. infernalis infernalis (16) ...... Bone Pile Cave ...... Government Canyon. Government Canyon Bat Cave. Lithic Ridge Cave. Surprise Sink. Christmas Cave ...... Helotes. Helotes Blowhole. Logan’s Cave. Madla’s Cave. Madla’s Drop Cave. Genesis Cave ...... Stone Oak. John Wagner Ranch Cave No. 3 ...... UTSA. Kamikazi Cricket Cave. Mattke Cave. Robber’s Cave. Scorpion Cave. Three Fingers Cave. Batrisodes venyivi (6) ...... Scenic Overlook Cave ...... Government Canyon. San Antonio Ranch Pit. Christmas Cave ...... Helotes. Unnamed cave 1⁄2 mile N of Helotes. Helotes Hilltop Cave. Unnamed cave 5 miles NE of Helotes ...... UTSA. Texella cokendolpheri (1) ...... Robber Baron Cave ...... Alamo Heights. C. baronia (1) ...... Robber Baron Cave ...... Alamo Heights. Cicurina madla (8) ...... Christmas Cave ...... Helotes. Madla’s Cave.

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TABLE 1.—CAVES KNOWN TO CONTAIN ONE OR MORE OF THE NINE LISTED BEXAR COUNTY, TEXAS KARST INVERTEBRATES—Continued

Species (# of caves) Cave name Karst fauna region

Madla’s Drop Cave. Helotes Blowhole. Headquarters Cave ...... Stone Oak. Hills and Dales Pit ...... UTSA. Robber’s Cave. Lost Pothole ...... Government Canyon. C. venii (1) ...... Braken Bat Cave ...... Culebra Anticline. C. vespera (2) ...... Government Canyon Bat Cave ...... Government Canyon. Unnamed cave 5 miles NE of Helotes ...... UTSA. Neoleptoneta microps (2) ...... Government Canyon Bat Cave ...... Government Canyon. Surprise Sink.

Rhadine infernalis ewersi is known on Common Names of Arachnids of the region; and four in the Helotes karst from three caves in the Stone Oak karst American Arachnological Society in fauna region (Table 1). fauna region. Rhadine infernalis 2000. Accordingly, the common names The Service is aware of eleven infernalis is known from 16 caves: one of the species currently in the list of additional caves from which immature, in the Stone Oak karst fauna region, four Endangered and Threatened Wildlife eyeless troglobitic Cicurina spiders have in the Government Canyon karst fauna (50 CFR 17.11) as: Robber Baron Cave been collected (SWCA 2001). Eight of region, five in the Helotes karst fauna harvestman, Robber Baron cave spider, these are in caves that have other listed region, and six in the UTSA karst fauna Madla’s cave spider, vesper cave spider, species and are either included in region. The unnamed subspecies is Government Canyon cave spider, and proposed critical habitat areas or areas known from six caves in the Culebra one with no common name (Cicurina proposed for exclusion due to the Anticline karst fauna region. We are also venii), have been changed to: provision of special management. The aware of six additional caves that Cokendolpher cave harvestman, Robber remaining three are in caves where contain Rhadine infernalis (not Baron Cave meshweaver, Madla Cave authorization for take of C. madla was identified to subspecies): one in the meshweaver, Government Canyon Bat granted to La Cantera under a section Culebra Anticline karst fauna region and Cave meshweaver, Government Canyon 10(a)(1)(B) permit. five in the Government Canyon karst Bat Cave spider, and Braken Bat Cave Braken Bat Cave Meshweaver fauna region. meshweaver, respectively. The Braken Bat Cave meshweaver, Helotes Mold Beetle Cokendolpher Cave Harvestman Cicurina venii (Araneae: Dictynidae), was first collected on November 22, The Helotes mold beetle, Batrisodes The Cokendolpher cave harvestman, 1980, by G. Veni and described by venyivi (Coleoptera: Pselaphidae), was Texella cokendolpheri (Opilionida: Gertsch (1992). Braken Bat Cave in the first collected in 1984 and described by Phalangodidae), was collected in 1982 Culebra Anticline karst fauna region Chandler (1992). The species is and described by Ubick and Briggs remains the only location known to currently known from six caves: three in (1992). Currently, this species, along contain this species (Table 1). the Helotes karst fauna region, two in with the Robber Baron Cave the Government Canyon karst fauna meshweaver, is only known from Government Canyon Bat Cave region, and one in the UTSA karst fauna Robber Baron Cave (Table 1). Meshweaver region (Table 1). The location of one of Robber Baron Cave Meshweaver The Government Canyon Bat Cave the caves located in the Helotes karst meshweaver, Cicurina vespera fauna region referred to as ‘‘unnamed The Robber Baron Cave meshweaver, (Araneae: Dictynidae), was first cave 1⁄2 mile north of Helotes’’ is Cicurina baronia (Araneae: Dictynidae), collected on August 11, 1965, by J. unknown. It is an original record from was first collected in Robber Baron Cave Reddell and J. Fish (Reddell 1993), and Barr’s (1974) description of Rhadine in the Alamo Heights karst fauna region described by Gertsch (1992). The exilis. Due to the number of caves in the February 28, 1969, by R. Bartholomew species is currently known from general area, the location of this cave (Reddell 1993) and described by Gertsch Government Canyon Bat Cave in the cannot be positively identified (George (1992). The Robber Baron Cave Government Canyon karst fauna region Veni, George Veni & Associates, pers. meshweaver (a spider) is only known and an unnamed cave referred to as ‘‘5 comm. 2002). The location of the cave from Robber Baron Cave in the Alamo miles northeast of Helotes’’ (Table 1). in the UTSA karst fauna region referred Heights karst fauna region (Table 1). However, the specimen collected from to as a cave ‘‘5 miles NE of Helotes’’ is Madla Cave Meshweaver the latter cave has been tentatively also unknown, but based on its identified as a new species descriptive name, is assumed to be The Madla Cave meshweaver, (Cokendolpher, in press). within the UTSA karst fauna region. It Cicurina madla (Araneae: Dictynidae), is possible that this cave may not be a was first collected in October 4, 1963, Government Canyon Bat Cave Spider separate location, but may be an existing by J. Reddell and D. McKenzie (Reddell The Government Canyon Bat Cave cave listed by the collector under the 1993) and described by Gertsch (1992). spider, Neoleptoneta microps (Araneae: alternative name ‘‘5 miles NE of The Madla Cave meshweaver is Leptonetidae), was first collected on Helotes’’. currently known from eight caves: one August 11, 1965, by J. Reddell and J. The common names for the following in the Stone Oak karst fauna region; one Fish (Reddell 1993). The species was six arachnid species have been changed in the Government Canyon karst fauna originally described by Gertsch (1974) as a result of a meeting of the Committee region; two in the UTSA karst fauna as Leptoneta microps and later

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reassigned to Neoleptoneta following and small mammals (due to lower emerged at night to feed. Through Brignoli (1977) and Platnick (1986). The survivorship, higher emigration, and/or genetic analyses of the cave-dwelling species is known from two caves in the lower immigration) from habitat patches species, they found that species or Government Canyon karst fauna region ranging in size from 2 to 7 ha (5–17 ac) groups of populations inhabiting areas (Table 1). (Mader 1984; Tscharntke 1992; Keith et where the limestone is continuous and al. 1993; Lindenmayer and Possingham highly fissured are genetically less Animal Community 1995; Hill et al. 1996). differentiated than are populations Cave Crickets Elliott (1994a) stated that cave occurring in regions where the Cave crickets are a critical source of crickets generally forage within 50 m limestone distribution is more nutrient input for karst ecosystems (Barr (164 ft) of caves and other karst features, fragmented. This suggests that cave- 1968; Reddell 1993). Cave crickets in but have been found up to 60 m (197 ft) dwelling species occurring within away. He also stated that cave crickets the genus Ceuthophilus occur in most continuous limestone blocks migrate may use small, unnoticeable passages caves in Texas (Reddell 1966). Being through the subsurface environment. from the cave to the surface in addition Helf et al. (1995) suggested that sensitive to temperature extremes and to the main cave entrance. populations of an eastern species of drying, cave crickets forage on the Cave cricket populations may have a cave cricket (Hadenoecus subterraneus) surface at night and roost in the cave metapopulation (an assemblage of local may be at risk because they do not during the day. Cave crickets lay their populations, called subpopulations, that recover quickly after events such as eggs in the cave, providing food for a interact via the dispersal of individuals drought, floods, and temperature variety of other species (Mitchell from one subpopulation to others) or a extremes that preclude or diminish 1971b). Some cave species also feed on source-sink population structure and, foraging opportunities. These cave cave cricket feces (Barr 1968; Poulson et therefore, it may be important to protect cricket populations may have source- al. 1995) as well as on adults and multiple karst features that support cave sink population dynamics, with some nymphs directly (Cokendolpher, in crickets in a karst ecosystem. ‘‘Source’’ karst features acting as sources and the press; Elliott 1994a). Cave crickets are populations are those that generate a majority of karst features acting as sinks, scavengers or detritivores, feeding on flow of migrants to other habitat but Helf et al. (1995) recommend that dead insects, carrion and some fruits, patches. Population ‘‘sinks’’ are patches even sink populations should be but not on foliage (Elliott 1994a). where losses of individuals are not protected because their emigrants can Based on analysis of cave cricket data replaced by reproduction alone, but rely ‘‘rescue’’ source populations that collected at Lakeline Cave in northwest on continued immigration from source experience local decimation. These Travis County, Texas by William Elliott populations (Ehrlich and Ehrlich 1996). studies suggest that it is important to and Peter Sprouse from 1993 to 1999, Metapopulation dynamics require protect geologically connected caves cave cricket numbers in Lakeline Cave movement among patches, and and maintain vegetated corridors underwent a major decline following persistence requires interacting patches between caves. the construction of Lakeline Mall. that undergo local extinctions and Under a section 10(a)(1)(B) permit, 0.9 establishment of new subpopulations in Other Surface Animals ha (2.3 ac) of land was left undeveloped areas previously devoid of individuals Many central Texas caves with around the cave, and effects of the (Hanski 1999). endangered invertebrate species are development were monitored. Protected Most information on the population frequented by mammals and several areas were established around Temples structure of cave cricket species is from species of reptiles and amphibians of Thor, Red Crevice Cave, and Testudo studies in the eastern United States and (Reddell 1967). Although there are no Tube. During the monitoring period, the in Europe. Allegrucci et al. (1997) found studies establishing the role of undeveloped area around Lakeline Cave that a cave cricket (Dolichopoda mammals in central Texas cave ecology, comprised about 3.2 ha (8 ac) of schiavazzii) endemic to Tuscany, Italy, the presence of a large amount of woodland and grassland surrounded by had a metapopulation structure. They mammal related materials (scat, nesting roads and parking lots. The protected found that populations of cave crickets materials, and dead bodies) indicates areas around Temples of Thor Cave and from two caves 20 km (12 mi) apart but they are probably important. An Testudo Tube Cave are 42.5 and 10.5 ha, connected by moist woodlands had 54 important source of nutrients for the respectively (105 and 26 ac), and one migrants per generation and probably cave species may be the fungus, surrounded by additional undeveloped exchanged individuals. microbes, and/or other troglophiles and land. We analyzed cave cricket numbers Cockley et al. (1977) studied a cave troglobites that grow or feed on feces from data collected from 1993 to 1999 cricket (Ceuthophilus gracilipes) in the (Elliott 1994b; Gounot 1994). at Lakeline Cave, Temples of Thor, and eastern United States. This species is For predatory troglobites, Testudo Tube. The analysis indicated limited to humid, dark, and stable invertebrates that accidently occur in that cave cricket numbers in Lakeline habitats and is found both in caves and the cave, may be an important nutrient Cave declined while numbers at the in the forest under logs and loose bark. source (Hopper 2000). Documented other two caves remained stable. Cave They found limited genetic accidental species include snails, cricket numbers at Lakeline Cave differentiation of the cave crickets in earthworms, terrestrial isopods declined and were significantly caves over a 1000 km2 (386 mile2) area (commonly known as pillbugs or potato correlated with time (r2 = 0.3872) and suggested that ‘‘the forest bugs), scorpions, spiders, mites, whereas cricket numbers from Temples populations may serve as genetic collembola (primitive wingless insects of Thor and Testudo Tube, which are in bridges’’ between caves. that are commonly known as larger preserves (105 and 26 acres Caccone and Sbordoni (1987) studied springtails), thysanura (commonly respectively, although the surrounding nine species of North American cave known as bristletails and silverfish), undeveloped area made the effective crickets from sites in North Carolina, harvestmen (commonly known as area larger) remained stable (r2 = 0.0007 Ohio, Pennsylvania, Tennessee, daddy-long-legs), ants, leafhoppers, and 0.0018 respectively). These results Virginia, West Virginia, Kentucky, and thrips, beetles, weevils, moths, and flies are consistent with reports of declines Alabama. Seven of the species were (Reddell 1965; Reddell 1966; Reddell and extinctions of several invertebrates obligate cave-dwelling species that 1999).

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Vegetation Community 1988). Porter et al. (1991) state that be 80 individuals per species (Dr. The vegetative community provides control of fire ants in areas greater than Kathryn Kennedy, Center for Plant nutrient input to the karst ecosystem 5 ha (12 ac) may be more effective than Conservation, pers. comm., 2002). This through plant debris washed in and in smaller areas since multiple queen is a judgement based on the perception possibly through roots; supports the fire ant colonies reproduce primarily by that this habitat type as a whole is fairly animal communities that contribute ‘‘budding,’’ where queens and workers mature and the species are relatively nutrients to the karst ecosystem (such as branch off from the main colony and long-lived and reproductively cave crickets, small mammals, and other form new sister colonies. Maintaining successful. Based on analysis of recorded vertebrates); buffers the subsurface large, undisturbed areas of native densities for dominant and important environment against drastic changes in vegetation may also help sustain the native ant communities (Porter et al. woody species by Van Auken et al. the temperature and moisture regime; 1988; 1991). (1979; 1980; 1981), we extrapolated the helps filter pollutants (Biological area needed to support 80 reproductive Advisory Team 1990; Veni & Associates Woodland-Grassland Community individuals for the dominant, 1988); and helps control certain exotics The woodland-grassland mosaic subdominant, and other important (such as fire ants) (Porter et al. 1988) community typical of the Edwards woody species in the southern Edwards that may compete with or prey upon the Plateau is a patchy environment Plateau. We used observed density per listed species and other karst fauna. composed of many different plant unit area, corrected for non- Tree roots have been found to provide species. To replicate natural processes, reproductive individuals, then a major energy source in shallow lava patchy environments require larger calculated the area needed to support 80 tubes and limestone caves in Hawaii minimum areas for conservation than do mature reproductive individuals per (Howarth 1981, cited in Howarth 1983). more homogeneous environments species. We found about a third of the Jackson et al. (1999) investigated rooting (Lovejoy and Oren 1981). To maintain a ecologically important woody species depth in 21 caves on the Edwards viable vegetative community, including typical of the Edwards Plateau needed Plateau to assess the below ground woodland and grassland species, a core areas of approximately 32 ha (80 vegetational community structure and buffer area is needed to shield the core ac) to sustain self-reproducing the functional importance of roots. They habitat from impacts associated with populations of at least 80 mature observed roots penetrating up to 25 m fragmentation, isolation, edge effects, individuals. (82 ft) into the interior of twenty of the and other factors. Maintaining viable grasslands is caves, with roots of six tree species Enough individuals of each plant challenging because many grass species common to the plateau penetrating to species must be present for successful use wind to disperse their seeds and below 5 m (16.4 ft). They speculated reproduction over the long-term. Viable these distances may be small. The that the caves may provide water and population size is influenced by needs process of expansion through rhizomes nutrients for the trees. for satisfactory germination (Menges (underground stems) is slow and clonal, Along with providing nutrients to the 1995), genetic variation (Bazzaz 1983; which reduces genetic variability. karst ecosystem, directly and indirectly, Menges 1995; Young 1995) and Primary recruitment of new individuals a healthy vegetative community may pollinator effectiveness (Groom 1998; in grasslands is from seedling also help control the spread of exotic Jennersten 1995; Bigger 1999). Pavlik establishment. Seed dispersal, soil species. The imported red fire ant (1996) stated that long-lived, woody, texture, and suitable soil moisture (Solenopsis invicta) is an aggressive self-fertilizing plants with high profiles at critical times are important predator, which has had a devastating fecundity would be expected to have factors for maintaining viability (Coffin and long-lasting impact on native ant minimum viable population sizes in the et al. 1993). populations and other arthropod range of 50–250 reproductive While grassland may be important to communities (Vinson and Sorenson individuals. Fifty reproductive maintaining the karst community, we 1986; Porter and Savignano 1990) and is individuals is a reasonable minimum lack adequate information to factor this a threat to the karst invertebrates (Elliott figure for one of the dominant species information into surface habitat patch 1994b; USFWS 1994). Fire ants have of the community (juniper) based on size requirements. We believe been observed building nests both reproductive profiles for these species maintaining the 32 ha core areas will within and near cave entrances as well (Van Auken et al. 1979; Van Auken et provide the native grasslands needed to as foraging in caves, especially during al. 1980; Van Auken et al. 1981). This support the diversity and nutrients the summer. Shallow caves inhabited by figure would likely be an underestimate needed for a viable karst ecosystem. listed karst invertebrates makes them for other woody species present in The presence of water in the especially vulnerable to invasion by fire central Texas woodlands as subsurface environment is important for ants and other exotic species. Fire ants subdominant and understory species, maintaining the humid conditions, have been observed preying on several because they are more sensitive to stable temperatures, and natural airflow cave species (Elliott 1994b). Karst fauna environmental changes and do not meet in the cave. Since soil depth is shallow that are most vulnerable to fire ant several of the life history criteria needed over the limestone plateau, water predation are the slower-moving adults, for the lowest minimal viable collects as sheet flow on the surface nymphs, and eggs (James Reddell, pers. population size. Although these species following rain and enters the subsurface comm., 1994). The presence of fire ants may require population sizes at the environment through cave openings, in and around karst areas could have a higher end of Pavlik’s (1996) range (that fractures, and solutionally-enlarged drastic detrimental effect on the karst is, nearer 250 individuals) to be viable, bedding planes. This direct, rapid ecosystem through loss of both surface we do not have the data to support that transport of water through the karst and subsurface species that are critical contention. Therefore, we have allows for little or no purification links in the food chain. considered a minimum viable (USFWS 1994), allowing contaminants The invasion of fire ants is known to population size for species composing a and sediments to enter directly into the be aided by ‘‘any disturbance that clears typical oak/juniper woodland found in subsurface environment. As a result, a site of heavy vegetation and disrupts central Texas, including both dominant, karst features and karst dependent the native ant community’’ (Porter et al. subdominant, and understory species, to invertebrates are vulnerable to the

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adverse effects of pollution from edges can be the result of a sudden ranges from 3 to 9 m (10 to 30 ft) (Van contaminated ground and surface water. natural disruption such as a storm event Auken et al. 1979). Applying the general Maintaining stable environmental (Smith 1990), or man-made disturbances rule, and using the average value of 6.6 conditions and protecting groundwater such as clearcuts or urbanization. ‘‘Soft’’ m for tree height, we estimated a buffer quality and quantity, requires managing edges, also called induced edges, are width of at least 20 m (66 ft) is needed surface habitat to avoid threats to the subtle differences in habitat type. Soft around a core habitat area to protect the surface and subsurface drainage area of edges can also be abrupt such as where vegetative community from edge effects. known occupied caves. This includes a pine forest abuts a pine plantation, but not only the humanly-accessible cave soft edges occur more often as Patch Configuration entrances but also sinks, depressions, successional changes or gradual Shape fractures and fissures which may serve transitions in the vegetative or faunal The more edge a habitat fragment or as subsurface conduits into the cave and communities (Smith 1990). patch has, the larger the patch or to the interstitial spaces used by the Hard edges can act as a barrier to fragment size should be to protect the invertebrates. distribution and dispersal patterns of birds and mammals (Yahner 1988; core area from deleterious edge effects Buffer Areas Hansson 1998). Invertebrate species are (Ranny et al. 1981; Lovejoy et al. 1986; Plant and animal communities are affected by edges. Mader et al. (1990) Yahner 1988; Laurance 1991; Laurance affected by ‘‘edge effects’’ or changes to found that carabid beetles and lycosid and Yensen 1991; Kelly and Rotenberry the floral and faunal communities spiders avoided crossing unpaved roads 1993; Holmes et al. 1994; Reed et al. where different habitats meet. The that were even smaller than 3 m (9 ft) 1996; Turner 1996; Suarez et al. 1998). length and width of the edge, as well as wide. Saunders et al. (1990) suggested Designing a habitat area that minimizes the contrast between the vegetational that as little as 100 m (328 ft) of edge effects means keeping the edge to communities, all contribute to edge agricultural fields may be a complete area ratio low by increasing the patch effects (Smith 1990; Harris 1984). Edge barrier to dispersal for small organisms size (Holmes et al. 1994) and/or using effects include: increases in solar such as invertebrates and some species optimal shapes. Circular habitat areas, radiation, changes in soil moisture due of birds. In general, for animal or ones that are contiguous with other to elevated levels of evapotranspiration, communities, species need buffers of 50 protected habitat areas, are preferable wind buffeting (Ranny et al. 1981), to 100 m (164–328 ft) or greater to (Diamond 1975; Wilcove et al. 1986; changes in nutrient cycling and the ameliorate edge effects (Lovejoy et al. Kelly and Rotenberry 1993; Wigley and hydrological cycle (Saunders et al. 1986; Wilcove et al. 1986; Laurance Roberts 1997; Kindvall 1999). A habitat 1990), and changes in the rate of leaf 1991; Laurance and Yensen 1991; Kapos area with a circular configuration will litter decomposition (Didham 1998). et al. 1993; Andren 1995; Reed et al. have less edge than a habitat area of Edge effects alter the plant 1996; Burke and Nol 1998; Didham equal size with any other configuration. communities, which in turn impact the 1998; Suarez et al. 1998). Fragmentation associated animal species. The changes Non-native fire ants are known to be caused by edge effects can occur harmful to many species of invertebrates Haskell (2000) examined the effect of rapidly. For example, vegetation 2 m and vertebrates. In coastal southern habitat fragmentation by unpaved roads (6.6 ft) from a newly created edge can California, Suarez et al. (1998) found through otherwise contiguous forest in be altered within days (Lovejoy et al. that densities of the exotic Argentine ant the southern Appalachian Mountains 1986). (Linepithema humile), which has a life and found reduced soil When plant species composition is history similar to the fire ant, are macroinvertebrate species abundance altered due to edge effects, changes also greatest near disturbed areas. Native ant up to 100 m (328 ft) from the road and occur in the surface animal communities tended to be more declines in faunal richness up to 15 m communities (Lovejoy and Oren 1981; abundant in native vegetation and less (50 ft) from the road. Haskell (2000) Harris 1984; Mader 1984; Thompson abundant in disturbed areas. Based on pointed out that ‘‘these changes may 1985; Lovejoy et al. 1986; Yahner 1988; the association of the Argentine ant and have additional consequences for the Fajer et al. 1989; Kindvall 1992; distance to the nearest edge in urban functioning of the forest ecosystem and Tscharntke 1992; Keith et al. 1993; areas, core areas may only be effective the biological diversity found within Hanski 1995; Lindenmayer and at maintaining natural populations of this system. The macroinvertebrate Possingham 1995; Bowers et al. 1996; native ants when there is a buffer area fauna of the leaf litter plays a pivotal Hill et al. 1996; Kozlov 1996; Kuussaari of at least 200 m (656 ft) (Suarez et al. role in the ability of the soil to process et al. 1996; Turner 1996; Mankin and 1998). energy and nutrients.’’ Haskell further Warner 1997; Burke and Nol 1998; Both hard and soft edges may allow points out that these changes may in Didham 1998; Suarez et al. 1998; Crist invasive plant species to gain a foothold turn affect the distribution and and Ahern 1999; Kindvall 1999). These where the native vegetation had abundance of other organisms, changes in plant and animal species previously prevented their spread particularly plants. Changes in composition that result from edge (Saunders et al. 1990; Kotanen et al. abundance in litter dwelling effects may unnaturally change the 1998; Suarez et al. 1998; Meiners and macroinvertebrates may also affect nutrient cycling processes required to Steward 1999). A general rule for ground-foraging vertebrate fauna support cave and karst ecosystem protecting forested areas from edge (Haskell 2000). dynamics. To minimize edge effects, the effects that are in proximity to clear-cut Invertebrate biomass per unit area has core area must have a sufficient buffer areas is to use the ‘‘three tree height’’ been found to be less in small area. rule (Harris 1984) for estimating the fragmented habitats, which may result There are two types of edges, hard width of the buffer area needed. We in reduced food available for cave and soft. ‘‘Hard’’ edges, also called used this general rule to estimate the crickets. Burke and Nol (1998), working inherent edges, are drastic differences in width of buffer areas needed to protect in southern Ontario, Canada, found a habitat types, such as grassland to road, the habitat core areas. The average greater biomass of leaf litter forest to clearcut, and are generally height of native mature trees in the invertebrates in large (≥20 ha (49 ac)) long-term or permanent changes. Hard Edwards woodland association in Texas versus smaller forested areas. Zanette et

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al. (2000) in New South Wales, area is irregularly shaped. Where 1998)) and the standards applied in Australia, reported the biomass of possible, these areas should be those judicial opinions, we reexamined ground dwelling invertebrates was 1.6 continuous to minimize fragmentation. the question of whether critical habitat times greater in large (>400 ha (988 ac)) for the nine invertebrates would be Previous Federal Action versus smaller (∼55 ha (136 ac)) forested prudent. After reexamining the available areas. On January 16, 1992, we received a evidence for the nine invertebrates, we The ability of individuals to move petition submitted by representatives of did not find specific evidence of between preferred habitat patches is the Helotes Creek Association, the collection or trade of these or any essential for colonization and Balcones Canyonlands Conservation similarly situated species and found population viability (Eber and Brandl Coalition, the Texas Speleological that ‘‘by designating critical habitat in a 1996; Fahrig and Merriam 1994; Hill et Association, the Alamo Group of the manner that does not identify specific al. 1996; Kattan et al. 1994; Kindvall Sierra Club, and the Texas Cave cave locations, the threat of vandalism 1999; Kozlov 1996; Kuussaari et al. Management Association to add the by recreational visits to the cave or 1996; Turner 1996). Patch shapes that nine invertebrates to the List of purposeful destruction by unknown allow connection with the most number Threatened and Endangered Wildlife. parties should not be increased’’ (65 FR of neighboring patches increase the On December 1, 1993, we announced in 81419). likelihood that a neighboring patch will the Federal Register (58 FR 63328) a 90- In the final rule to list the species as be occupied (Fahrig and Merriam 1994; day finding that the petition presented endangered (65 FR 81419), we Kindvall 1999; Kuussaari et al. 1996; substantial information that listing may determined that critical habitat Tiebout and Anderson 1997). If be warranted. designation was prudent as we did not On November 15, 1994, we added movement among populations is find specific evidence of increased eight of the nine invertebrates to the restricted and a population is isolated, vandalism. Also, we found that there Animal Notice of Review as category 2 the habitat patch size must be large may also be some educational or candidate species in the Federal enough to ensure that the population informational benefit to designating Register (59 FR 58982). We intended to can survive (Fahrig and Merriam 1994). critical habitat. Therefore, we found that It is likely that many cave systems are include Rhadine exilis in the notice of the benefits of designating critical connected throughout the subsurface review, but an oversight occurred and it habitat for the nine karst invertebrate geologic formation even though this did not appear in the published notice. species outweighed the benefits of not may not be readily apparent from Category 2 candidates, a classification designating critical habitat. surface observations. The extent to since discontinued, were those taxa for which listed species use interstitial which we had data indicating that The Final Listing Priority Guidance spaces and passages is not fully known. listing was possibly appropriate, but for for FY 2000 (64 FR 57114) stated that Troglobitic species may retreat into which we lacked substantial data on we would undertake critical habitat these small interstitial spaces where the biological vulnerability and threats to determinations and designations during physical environment is more stable support proposed listing rules. FY 2000 as allowed by our funding (Howarth 1983) and may spend the On December 30, 1998, we published allocation for that year. As explained in majority of their time in such retreats, a proposed rule to list the nine Bexar detail in the Listing Priority Guidance, only leaving them during temporary County karst invertebrates as our listing budget was insufficient to forays into the larger cave passages to endangered (63 FR 71855). allow us to immediately complete all of forage (Howarth 1987). Incorporating comments and new the listing actions required by the Act information received during the public during FY 2000. We stated that we Summary comment period on the proposed rule, would propose designation of critical The recovery of the endangered karst we published a final rule to list the nine habitat in the future at such time when invertebrates depends on a self- Bexar County karst invertebrate species our available resources and priorities sustaining karst ecosystem; surface and as endangered in the Federal Register allowed. subsurface drainage basins to maintain on December 26, 2000 (65 FR 81419). On November 1, 2000, the Center for adequate levels of moisture; and a viable In the proposed rule, we indicated Biological Diversity (Center) filed a surface animal and plant community for that designation of critical habitat was complaint against the Service alleging nutrient input and protection of the not prudent for the nine invertebrates that the Service exceeded its one-year subsurface from adverse impacts. The because the publication of precise deadline to publish a final rule listing area needed to conserve such an species locations and maps and and designating critical habitat for the ecosystem includes a core area buffered descriptions of critical habitat in the nine Bexar County cave invertebrates. from the impacts associated with Federal Register would make the nine Subsequent to the Service publishing fragmentation, isolation, edge effects, invertebrates more vulnerable to the final rule to list these nine species and other factors that may threaten incidents of vandalism through as endangered on December 26, 2000, ecosystem stability. Depending on the increased recreational visits to their the Center agreed to dismiss its claim size and shape of these core habitat cave habitat and through purposeful regarding the listing of the species. The areas or patches, to remain viable, they destruction of the caves. We also Center and the Service reached a may also require connections to other indicated that designation of critical settlement on the designation of critical habitat patches. habitat was not prudent because it habitat where the Service agreed to In summary, around known caves we would not provide any additional submit a proposed critical habitat believe an area approximately 36 ha (90 benefits beyond that provided through determination for publication in the ac) that includes a core habitat area of listing the species as endangered. Federal Register on or by June 30, 2002, 32 ha (80 ac) surrounded by a buffer 20 Based on recent court decisions, (for and a final determination by January 25, m (66 ft) wide, comprising about 4 ha example, Natural Resources Defense 2003. Sixty-day extensions on the (10 ac), is needed to protect and Council v. U.S. Department of the deadlines to submit both the proposed maintain the area flora, fauna, and Interior 113 F. 3d 1121 (9th Cir. 1997); and final critical habitat determinations nutrient base. The amount of area in the Conservation Council for Hawaii v. to the Federal Register were approved buffer will be larger if the core habitat Babbitt, 2 F. Supp. 2d 1280 (D. Hawaii by the court and the new deadlines are

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August 31, 2002, and March 25, 2003, may require special management that, ‘‘’The Secretary shall designate as respectively. considerations or protection; and, (ii) critical habitat areas outside the On February 28, 2002, we mailed specific areas outside the geographic geographic area presently occupied by letters to the Texas Parks and Wildlife area occupied by a species at the time the species only when a designation Department and the Texas Natural it is listed, upon a determination that limited to its present range would be Resource Conservation Commission such areas are essential for the inadequate to ensure the conservation of informing them that we were in the conservation of the species. the species.’’’ process of designating critical habitat for ‘‘Conservation,’’ as defined by the Act, Section 4 (b)(2) of the Act requires the nine Bexar County karst means the use of all methods and that we take into consideration the invertebrates. We requested any procedures that are necessary to bring economic impact, and any other additional available information on the an endangered or a threatened species to relevant impact, of specifying any listed species, including: Biology; life the point at which listing under the Act particular areas as critical habitat. We history; habitat requirements; is no longer necessary. may exclude areas from critical habitat distribution, including geologic controls Critical habitat receives protection designation when the benefits of to species distribution; current threats; under section 7 of the Act through the exclusion outweigh the benefits of and management activities, current or in prohibition against destruction or including the areas within critical the foreseeable future. The letters adverse modification of critical habitat habitat, provided the exclusion will not contained a current list of Bexar County with regard to actions carried out, result in extinction of the species. caves known to contain listed species, a funded, or authorized by a Federal Our Policy on Information Standards map showing the general distribution of agency. Section 7 also requires Under the Endangered Species Act, these species within each karst fauna conferences on Federal actions that are published on July 1, 1994 (59 FR region and a list of the references likely to result in the destruction or 34271), provides criteria, establishes pertaining to these species and their adverse modification of proposed procedures, and provides guidance to distribution as we know it. We critical habitat. Destruction or adverse ensure that decisions made by the requested their review and comments modification is direct or indirect Service represent the best scientific and on our current information and asked alteration that appreciably diminishes commercial data available. It requires their assistance in providing any the value of critical habitat for both the that our biologists, to the extent additional available information. survival and recovery of a listed species. consistent with the Act and with the use We also mailed approximately 300 Such alterations include, but are not of the best scientific and commercial pre-proposal letters to interested parties limited to, alterations adversely data available, use primary and original and cave biologists on March 20, 2002, modifying any of those physical or sources of information as the basis for informing them that we were in the biological features that were the basis recommendations to designate critical process of designating critical habitat for for determining the habitat to be critical. habitat. When determining which areas the nine listed karst invertebrates. The Consultation under section 7 of the Act are critical habitat, a primary source of letters contained a copy of the final rule does not apply to activities on private or information should be the listing rule to list these Bexar County invertebrate other non-Federal lands that do not for the species. Additional information species as endangered, a map showing involve a Federal nexus. may be obtained from a recovery plan, the general distribution of these species, Critical habitat provides non- articles in peer-reviewed journals, a list of literature about these species regulatory benefits to the species by conservation plans developed by States and their habitats, and a brief summary informing the public and private sectors and counties, scientific status surveys with questions and answers on critical of areas that are important for species and studies, and biological assessments habitat. We requested comments on (1) recovery and where conservation or other unpublished reports. the reasons why any habitat should or actions would be most effective. Section 4 of the Act requires that we should not be determined to be critical Designation of critical habitat can help designate critical habitat based on what habitat as provided by section 4 of the focus conservation activities for a listed we know at the time of designation. Act, including whether the benefits of species by identifying areas that contain Since much of the cave-forming rock is excluding areas will outweigh the the physical and biological features that located on private property in areas that benefits of including areas; (2) land use are essential for the conservation of that have been inadequately surveyed, practices and current or planned species, and can alert the public and additional populations for some of these activities in the subject areas and their land-managing agencies to the species are likely to exist and may be possible impacts on possible critical importance of those areas. discovered over time. We recognize that habitat; (3) any foreseeable economic or To be included in a critical habitat designation of critical habitat for these other impacts resulting from the designation, the habitat must be species likely does not include all of the proposed designation of critical habitat, ‘‘essential to the conservation of the habitat areas that may eventually be in particular, any impacts on small species.’’ Critical habitat designations determined to be necessary for the entities or families; and (4) economic identify, to the extent known and using recovery of the species. For these and other benefits associated with the best scientific and commercial data reasons, this critical habitat designation designating critical habitat for the Bexar available, habitat areas that provide does not signal that habitat outside the County karst invertebrates. essential life cycle needs of the species designation is unimportant or may not (such as areas on which are found the be required for recovery. Habitat areas Critical Habitat primary constituent elements, as outside the critical habitat designation Critical habitat is defined in section 3, defined at 50 CFR 424.12(b)). Section will continue to be subject to paragraph (5)(A) of the Act as—(i) the 3(5)(C) of the Act states that not all areas conservation actions that may be specific areas within the geographic area that can be occupied by a species implemented under section 7(a)(1) of occupied by a species, at the time it is should be designated as critical habitat the Act and to the regulatory protections listed in accordance with the Act, on unless the Secretary determines that all afforded by the section 7(a)(2) jeopardy which are found those physical or such areas are essential to the standard, and the section 9 take biological features (I) essential to the conservation of the species. Our prohibition, as determined on the basis conservation of the species and (II) that regulations (50 CFR 424.12(e)) also state of the best available information at the

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time of the action. It is possible that constituent elements include but are not reports on research and recovery federally funded or assisted projects limited to: space for individual and activities conducted under a section affecting listed species outside their population growth and for normal 10(a)(1)(A) scientific permit, section 6 designated critical habitat areas could behavior; food, water, air, minerals and species status reports, and literature jeopardize those species. Similarly, other nutritional or physiological published in peer reviewed journals. critical habitat designations made on the requirements; cover or shelter; and Survey reports and scientific permit basis of the best available information at habitats that are protected from annual reports also contained cave the time of designation may not totally disturbance and represent the historic location information, typically in the coincide with the direction and geographical and ecological form of a cave location indicated on a substance of future recovery plans, distributions of the species. U.S. Geological Survey topographic habitat conservation plans (HCP), or The primary constituent elements maps, and a map of the cave footprint. other species conservation planning and required by the nine karst invertebrates We submitted a request to the Texas recovery efforts if new information consist of: (1) The physical features of Speleological Survey (TSS) for any shows changes are needed. karst-forming rock containing available digital location data (UTM subterranean spaces with stable Methods coordinates) for Bexar County caves temperatures, high humidities (near known to contain one or more of the As required by the Act and saturation) and suitable substrates (for nine endangered species. TSS is a non- regulations (section 4(b)(2) and 50 CFR example, spaces between and profit corporation established in 1961 to 424.12), we used the best scientific and underneath rocks suitable for foraging collect, organize, and maintain commercial information available to and sheltering), and (2) the biological information on Texas caves and karst for determine critical habitat areas that features of a healthy surface community scientific, educational, and conservation contain the physical and biological of native plants (for example, juniper- purposes, and to support safe and features that are essential for the oak woodland) and animals (for responsible cave exploration, and is conservation of these nine species. This example, cave crickets) surrounding the affiliated with the Texas Memorial information included: (1) Peer-reviewed karst feature that provides nutrient Museum, the Texas Speleological scientific publications; (2) the final input and buffers the karst ecosystem Association, and the National listing rule for the nine Bexar County from adverse effects (from, for example, Speleological Society. TSS provided all karst invertebrate species (65 FR 81419); non-native species invasions, available digital location data, and (3) unpublished field data collected by contaminants, and fluctuations in reviewed and confirmed our location Service biologists; (4) unpublished temperature and humidity). data for caves where no digital survey reports, notes and The areas proposed as critical habitat information was available. The communications with other qualified for the nine karst invertebrates are precision of the locations for which biologists or experts; (5) published designed to incorporate what is digital location data were available descriptions of the regional geology essential for their conservation. Habitat ranged from 1 m to 10 m (3ft to 33 ft) (Veni 1988; Soil Conservation Service components that are essential for these and data documented on topographic 1962; Veni 1994); (6) the Endangered species meet the primary biological maps was estimated to be accurate to Species Recovery Plan for Endangered needs of foraging, reproduction and within 10 m to 20 m (33 ft to 66 ft). This Karst Invertebrates in Travis and refugia from human induced or other variability in precision was taken into Williamson Counties, Texas, (USFWS environmental threats. Karst ecosystems account when delineating proposed 1994); and (7) digital orthophotographs surrounded by a vegetative community boundaries. The TSS provided digital flown in March 2001 obtained from the that supports cave crickets and other location information to us based on our Bexar County Appraisal District. trogloxenes and troglophiles; where agreement that the information would In determining the areas in Bexar water quality and quantity in the surface only be accessible to the Austin County that are essential to the and subsurface drainage basin are Ecological Services Field Office staff conservation of the listed invertebrates, protected; and that are protected from and would not be released. We further we considered all karst features unrestricted human-entry and other agreed that any requests for such currently known to be occupied and the threats (such as fire ants) are essential information would be directed to TSS as surrounding surface ecosystem on for the conservation of viable owners of the data. The location of the which the species depend. We believe populations of these endangered karst known occupied caves within each unit that other occupied karst features likely invertebrates. exist in Bexar County that are essential is not specified in order to protect these to species survival, especially for those Criteria Used To Delineate Critical caves from vandalism. species known from only a few Habitat We referred to Veni’s 1994 karst zones locations (such as Cicurina vespera, We used several criteria to identify maps to ensure that the majority of the Cicurina venii, Batrisoides venyivi, and and delineate lands for designation as lands within each proposed unit Neoleptoneta microps). However, we do critical habitat: caves known to contain overlaid a contiguous deposit of karst- not currently know where these one or more of the nine endangered bearing rock either known to contain the locations are and therefore cannot karst invertebrates; the footprint of the listed species (Zone 1) and/or having a include them in this critical habitat known occupied cave, including the high probability of suitable habitat for designation. known and estimated subsurface extent; the listed species (Zone 2) in order to contiguous karst deposits; and at least maintain subsurface connectivity for Primary Constituent Elements 36 ha (90 ac) of vegetation surrounding species movement throughout the We are required to consider those each known occupied cave or complex contiguous karst deposit. Since the 1994 physical and biological features of caves essential to the functioning of report, a significant amount of essential to the conservation of these a healthy ecosystem. additional information has become nine karst invertebrates that may require Species location information was available, either as a result of the special management considerations and obtained from presence/absence survey discovery of new caves containing the protection. These features are termed reports submitted during project listed species, or additional biological primary constituent elements. Primary consultations with the Service, annual surveys conducted in previously

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mapped caves and/or as a result of the known occupied caves and the extent of boundaries of mapped units do not release of information not available at fragmentation caused by existing contain the primary constituent the time of the 1994 report. As a result, development within and adjacent to elements and are not considered to be some of these caves for which critical each habitat area. Several units were critical habitat. Such features and habitat is being proposed are depicted enlarged to encompass undisturbed structures include but are not limited to as occurring within Zone 2. These areas vegetated areas to compensate for buildings and paved roads. However, of Zone 2 now meet the definition of internal fragmentation due to existing areas below ground under these Zone 1. See the previous ‘‘Subsurface development. Where possible, boundary structures and vegetation are considered Environment’’ section for definitions of lines were drawn along identifiable to be critical habitat since subterranean Veni’s karst zones. landmarks including roads, named spaces containing these species and/or Where possible, the proposed critical creeks and rivers, and property transmitting moisture and nutrients habitat units contain at least 36 ha (90 boundaries. Several units were through the karst ecosystem extend, in ac) of self-reproducing native vegetated described as a circular area some cases, underneath these existing area surrounding each known occupied encompassed within a square or human-constructed structures and cave or complex of caves. This vegetated rectangle bounded by corner points landscaped areas. area includes a core vegetative given in Texas State Plane (South community, cave cricket foraging area; Central) in feet, referenced to North Critical Habitat Proposal and buffer areas that protect the core American Horizontal Datum 1983 (NAD habitat from impacts associated with Lands proposed as critical habitat for 83). Coordinates were derived from the fragmentation, isolation, and edge the nine karst invertebrates occur in 25 2001 digital orthophotographs. A effects. This area also includes the local separate units with a total area of description of each unit and the current surface and subsurface drainage areas, approximately 3,857 ha (9,516 ac). The status of the lands in and around the to the extent known. lands within the proposed units are We consulted recent digital unit are presented below under under private, city, State, and Federal orthophotographs (March 2001) and ‘‘Proposed Critical Habitat Unit ownership. Table 2 below lists the parcel maps (generated in early 2002) Descriptions’’. known occupied caves, the karst fauna obtained from the Bexar County Existing human-constructed, above region, the total area, land ownership, Appraisal District to determine the ground, impervious structures and and the listed species that occur within current status of habitat surrounding the associated landscaping within the each proposed unit.

TABLE 2.—KNOWN OCCUPIED CAVES, THE KARST FAUNA REGION (KFR), TOTAL AREA (HECTARES (HA), ACRES (AC)), LAND OWNERSHIP AND LISTED SPECIES THAT OCCUR WITHIN EACH PROPOSED CRITICAL HABITAT UNIT

Listed species in Unit and known caves in unit KFR Total area of unit Ownership unit

1a. Bone Pile Cave ...... Government Canyon ...... 76 ha, 188 ac ...... State ...... N. microps. Surprise Sink R. infernalis. 1b. Government Canyon Bat Cave ...... Government Canyon ...... 47 ha, 116 ac ...... State ...... C. vespera. N. microps. R. exilis. R. infernalis. 1c. Lost Pothole ...... Government Canyon ...... 47 ha, 116 ac ...... State ...... C. madla. 1d. Lithic Ridge Cave ...... Government Canyon ...... 47 ha, 116 ac ...... State ...... R. infernalis. 1e. Canyon Ranch Pit * ...... Government Canyon ...... 341 ha, 842 ac ...... Private, State ...... R. infernalis. Fat Man’s Nightmare Cave * R. exilis. Pig Cave B. venyivi. San Antonio Ranch Pit Scenic Overlook Cave * Tight Cave 2. Logan’s Cave ...... Helotes ...... 99 ha, 245 ac ...... Private ...... C. madla. Madla’s Drop Cave R.infernalis. R. exilis. 3. Helotes Blowhole * ...... Helotes ...... 63 ha, 154 ac ...... Private ...... B. venyivi. Helotes Hilltop * C. madla. R. infernalis. R. exilis. 4. Kamikazi Cricket Cave ...... UTSA ...... 63 ha, 154 ac ...... Private ...... R. infernalis. R. exilis. 5. Christmas Cave ...... Helotes ...... 47 ha, 116 ac ...... Private ...... B. venyivi. C. madla. R. infernalis. R. exilis. 6. John Wagner Ranch Cave No. 3 * ... UTSA ...... 45 ha, 111 ac ...... Private ...... R. infernalis. R. exilis. 7. Young Cave No. 1 ...... UTSA ...... 50 ha, 123 ac ...... Private ...... R. exilis. 8. Hills and Dales Pit * ...... UTSA ...... 174 ha, 428 ac ...... Private ...... C. madla. Robber’s Cave R. infernalis. Three Fingers Cave R. exilis. 9. Mastodon Pit ...... UTSA ...... 71 ha, 175 ac ...... State, Private ...... R. exilis. 10. Flying Buzzworm Cave ...... Stone Oak ...... 367 ha, 906 ac ...... Federal, City, Private ...... C. madla. Headquarters Cave R. infernalis. Low Priority Cave R. exilis.

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TABLE 2.—KNOWN OCCUPIED CAVES, THE KARST FAUNA REGION (KFR), TOTAL AREA (HECTARES (HA), ACRES (AC)), LAND OWNERSHIP AND LISTED SPECIES THAT OCCUR WITHIN EACH PROPOSED CRITICAL HABITAT UNIT—Continued

Listed species in Unit and known caves in unit KFR Total area of unit Ownership unit

11. 40 mm Cave ...... Stone Oak ...... 1,273 ha, 3,143 ac Federal ...... R. exilis. BÐ52 Cave Backhole Boneyard Pit Bunny Hole Cross the Creek Cave Dos Viboras Cave Eagle’s Nest Cave Hilger Hole Hold-Me-Back Cave Isocow Cave MARS Pit MARS Shaft Pain in the Glass Cave Platypus Pit Poor Boy Baculum Cave Root Canal Cave Root Toupee Cave Strange Little Cave Up the Creek Cave 12. Hairy Tooth Cave ...... Stone Oak ...... 105 ha, 258 ac ...... Private ...... R. exilis. Ragin’ Cajun Cave 13. Black Cat Cave ...... Stone Oak ...... 51 ha, 125 ac ...... Private ...... R. exilis. 14. Game Pasture Cave No. 1 ...... Culebra Anticline ...... 173 ha, 426 ac ...... Private ...... R. infernalis. King Toad Cave Stevens Ranch Trash 15. Braken Bat Cave ...... Culebra Anticline ...... 195 ha, 481 ac ...... Private ...... C. venii. Isopit R. infernalis. Obvious Little Cave Wurzbach Bat Cave 16. Caracol Creek Coon Cave ...... Culebra Anticline ...... 61 ha, 152 ac ...... Private ...... R. infernalis. 17. Madla’s Cave * ...... Helotes ...... 48 ha, 118 ac ...... Private ...... C. madla. R. infernalis. 18. Mattke Cave ...... UTSA ...... 40 ha, 100 ac ...... Private ...... R. nfernalis. Scorpion Cave 19. Genesis Cave ...... Stone Oak ...... 59 ha, 146 ac ...... Private ...... R. infernalis. 20. Robber Baron Cave ...... Alamo Heights ...... 160 ha, 395 ac ...... Private ...... C. baronia. T. cokendolpheri. 21. Hornet’s Last Laugh Pit ...... Stone Oak ...... 155 ha, 382 ac ...... Private ...... R. exilis. Kick Start Cave Springtail Crevice

Totals: 25 57 3,857 ha, 9,516 ac. *Indicates caves and their associated preserve lands that have special management under La Cantera’s Section 10 permit and have therefore not been included in the proposed critical habitat designation. These caves and their associated preserve lands were not included in the totals in this table.

The lands within the proposed critical karst ecosystem from adverse effects specifically included because their habitat units, with the exception of (from, for example, non-native species precise locations are unknown. Units 19 and 20, provide the full range invasions, contaminants, and La Cantera Cave No. 1 and La Cantera of primary constituent elements needed fluctuations in temperature and Cave No. 2 were also not included in by the nine karst invertebrates including humidity). Lands within Units 19 and this proposed critical habitat (1) the physical features of karst-forming 20 are heavily urbanized and intensive designation. La Cantera received a rock containing subterranean spaces management may be required to provide section 10(a)(1)(B) permit for take of the with stable temperatures, high nutrients and water to the listed species listed species in La Cantera Cave No. 1 humidities (near saturation) and within these units. See ‘‘Proposed and La Cantera Cave No. 2. After suitable substrates (for example, spaces Critical Habitat Unit Descriptions’’ evaluating the HCP and associated between and underneath rocks suitable below for detailed descriptions of all information, we determined that a for foraging and sheltering), and (2) the units. sufficient number of caves containing biological features of a healthy surface Twelve caves known to contain one or these species remained so that take of community of native plants (for more of the listed species were not the species within these two caves example, juniper-oak woodland) and included in the proposed critical habitat would not preclude recovery of the animals (for example, cave crickets) designation. The caves referred to as species. Therefore, La Cantera Cave No. surrounding the karst feature that ‘‘unnamed cave 1⁄2 mile N of Helotes’’ 1 and La Cantera Cave No. 2 were not provide nutrient input and buffers the and ‘‘5 miles NE of Helotes’’ were not included in this designation because

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they are not considered essential to the karst-bearing rock. The majority of report with cave names and precise conservation of the species. The GCSNA, including the proposed units, locations. decision to issue the permit was also are defined by Veni’s 1994 karst zone This unit was delineated to based on La Cantera’s proposal to maps as occurring within Zone 2. Since encompass at least 36 ha of vegetation mitigate for take of the species within lands within this unit are primarily around each of the six known occupied these caves by purchasing and managing undeveloped and the property is under caves overlying contiguous deposits of eight caves known to contain one or one ownership, we were unable to karst-bearing rock. Unit 1e is defined by more of the listed species for which take delineate the boundaries of the units Veni’s 1994 karst zone maps as was being permitted and their using roads or parcel boundaries, and occurring within Zone 2. This unit was associated preserve lands. These instead delineated the units as squares enlarged to include the City of San mitigation caves are Canyon Ranch Pit, encompassing approximately 36-ha Antonio’s Iron Horse Canyon property, Fat Man’s Nightmare Cave, and Scenic circular areas containing the endangered which contains two known occupied Overlook Cave and the surrounding species cave habitat. caves. Since we are unsure about the approximately 30 ha (75 ac) (within location of these caves, the entire Unit 1e Unit 1e); Helotes Blowhole and Helotes property was included within the Hilltop caves and the surrounding The majority of Unit 1e consists of critical habitat designation. This unit approximately 10 ha (25 ac) (within large tracts of privately owned land that may be modified depending on Unit 3); John Wagner Cave No. 3 and the is primarily undeveloped with the additional location information about surrounding approximately 1.6 ha (4 ac) exception of several small private and/ these two caves obtained during the (within Unit 6); Hills and Dales Pit and or county roads. A small corner of public comment period for this the surrounding approximately 28 ha GCSNA also occurs in this unit. No proposed rule. The unit was also (70 ac) (within Unit 8); and Madla’s highways or major roadways occur enlarged to include one of the four caves Cave and the surrounding within the unit. This unit contains six on the 162-ha (400-ac) property, which approximately 2 ha (5 ac) (within Unit caves known to contain listed species is believed to contain suitable habitat 17). La Cantera recently completed their (Table 2). Three of the caves are located for one or more of the listed species, and purchase of these karst preserves on an approximately 162–ha (400–ac) a 36–ha habitat area around the cave. through conservation easement and/or privately-owned, undeveloped, property This unit may be modified depending fee simple title and has agreed to protect bordered by GCSNA to the west and on the results of additional species and manage them in perpetuity in south, La Cantera’s 30–ha (75–ac) surveys that may be conducted in this accordance with the conservation needs Canyon Ranch preserve to the north, cave during the public comment period of the species. Since these areas do not and by the City of San Antonio’s Iron for this proposed rule. The unit require additional special management Horse Canyon property on the east. The boundaries were delineated following beyond that provided for through the 162–ha (400–ac) property also contains roads and parcel boundaries. HCP and do not meet the definition of four caves that may contain suitable Unit 2 critical habitat, these caves and their habitat for one or more of the listed Unit 2 consists of large, wooded tracts associated preserve lands were also species, but require additional surveys which appear to be undeveloped with excluded from this proposed critical during suitable environmental the exception of several buildings. The habitat designation. conditions (Kemble White, SWCA, unit contains two or three small private pers.comm. 2002). Three of these caves Proposed Critical Habitat Unit or county roads, but no highways or are within the 36–ha (90–ac) habitat Descriptions major roadways. Two caves known to area of a known occupied cave on the contain listed species occur within Unit Units 1a, 1b, 1c, 1d property. 2 (Table 2). Units 1a, 1b, 1c, and 1d are located on Three of the six known occupied This unit was delineated to Government Canyon State Natural Area caves within this unit and their encompass at least 36 ha (90 ac) of (GCSNA), an approximately 2,688-ha associated preserve lands have been vegetation around each of the two (6,643-ac) area owned and managed by excluded from this critical habitat known occupied caves overlying a the Texas Parks and Wildlife designation. The 30–ha (75–ac) Canyon contiguous deposit of karst-bearing rock. Department (TPWD). GCSNA was Ranch Preserve contains Canyon Ranch Unit 2 is defined by Veni’s 1994 karst purchased in 1993 and is not currently Pit, Fat Man’s Nightmare Cave, and zone maps as occurring within Zone 2. accessible to the public. The projected Scenic Overlook Cave and has been The unit was enlarged to encompass opening is late 2003 or early 2004. acquired by La Cantera under their undisturbed, unfragmented woodland to Lands within the four proposed units Section 10(a)(1)(B) permit, which also compensate for internal fragmentation are undeveloped, with several one-lane, requires that these caves and the due to several small roads, buildings unpaved roads which will serve surrounding preserve lands be managed and an area from which the majority of primarily as pedestrian trails once the in perpetuity for the conservation of the the woodland has been removed. The facility opens. Unauthorized public species. Since these lands do not require unit boundaries were delineated vehicular traffic will not be allowed special additional management, they primarily along existing roads and (George Kegley, TPWD, pers. comm. have been excluded from critical habitat parcel boundaries. 2002). An unpaved road/trail crosses designation. Units 1a, 1b, and 1c. Unit 1a contains The City of San Antonio’s Iron Horse Unit 3 two known occupied caves and Units Canyon property is approximately 241 Unit 3 consists of relatively large, 1b, 1c, and 1d each contain one cave ha (595 ac). Two caves containing listed wooded tracts. The tracts along the known to contain listed species (Table species occur on the property (Kemble northern side of the unit have been 2). White, SWCA, pers. comm. 2002). developed with homes, but it appears These units were delineated to However, the surveys were conducted that the remainder of the properties encompass at least 36 ha (90 ac) of in these caves prior to the species’ within the unit are undeveloped. The vegetation around the known occupied listing and to date, we have not been unit contains several small residential caves, overlying a contiguous deposit of able to obtain a copy of the survey roads, but no major roadways or

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highways. The unit is bordered by fragmentation due to several residential This unit was delineated to Bandera Road, a four-lane divided roads and residential development that encompass at least 36 ha (90 ac) of roadway, and by two-lane residential occur within the unit. We were unable vegetation around the known occupied roads. The unit contains two known to delineate the boundaries of the unit cave, overlying a contiguous deposit of occupied caves (Table 2) which, along using roads or parcel boundaries due to karst-bearing rock. The majority of Unit with their associated preserve lands, their configuration and instead 6 is defined by Veni’s 1994 karst zone have been excluded from this critical delineated the unit as a square maps as occurring within Zone 1. The habitat designation. Helotes Blowhole encompassing an approximately 36–ha unit was delineated to encompass the and Helotes Hilltop Cave and the circular area containing the endangered majority of the contiguous Zone 1 karst approximately 10 ha (25 ac) species cave habitat. deposit associated with the known surrounding the caves has been occupied cave while maximizing the acquired by La Cantera under their Unit 5 amount of undisturbed, unfragmented Section 10(a)(1)(B) permit which Unit 5 consists of a large tract of woodland surrounding the cave. We requires that these caves and the undeveloped, woodland and several were unable to delineate the boundaries surrounding preserve lands be managed smaller, wooded tracts developed with of the unit using roads or parcel in perpetuity for the conservation of the homes and an associated residential boundaries due to their configuration species. Since these lands do not require road. The unit is bordered to the north and instead delineated the unit as a additional special management, they and northwest by large tracts of square encompassing an approximately have been excluded from critical habitat undeveloped woodland and bordered 36-ha circular area containing the designation. on the remaining sides by smaller tracts endangered species cave. This unit was delineated to with some residential development. One Unit 7 encompass at least 36 ha (90 ac) of cave known to contain listed species vegetation around the two known occurs within Unit 5 (Table 2). Unit 7 consists of relatively large, occupied caves overlying contiguous wooded tracts, several of which have This unit was delineated to deposits of karst-bearing rock. The been developed with homes. The unit encompass at least 36 ha (90 ac) of majority of Unit 3 is defined by Veni’s contains several residential roads, but vegetation around the known occupied 1994 karst zone maps as occurring no highways or major roadways. One cave, overlying a contiguous deposit of within Zone 1. The unit was delineated cave known to contain listed species karst-bearing rock. The majority of Unit to encompass the majority of the occurs within Unit 7 (Table 2). 5 is defined by Veni’s 1994 karst zone contiguous Zone 1 karst deposit This unit was delineated to maps as occurring within Zones 1 and associated with the two known encompass at least 36 ha (90 ac) of 2. The unit was delineated to occupied caves while maximizing the vegetation around the known occupied amount of undisturbed, unfragmented encompass the majority of the cave, overlying a contiguous deposit of woodland surrounding the cave. The contiguous Zone 1 and 2 karst deposits karst-bearing rock. The majority of Unit unit was enlarged to include additional associated with the known occupied 7 is defined by Veni’s 1994 karst zone woodland areas to compensate for cave while maximizing the amount of maps as occurring within Zone 1. The internal fragmentation due to several undisturbed, unfragmented woodland unit was delineated to encompass the small roads, buildings and an area from surrounding the cave. We were unable majority of the contiguous Zone 1 karst which the majority of the woodland has to delineate the boundaries of the unit deposit associated with the known been removed. The unit boundaries using roads or parcel boundaries due to occupied cave while also maximizing were delineated along existing roads. their configuration and instead the amount of undisturbed, delineated the unit as a square unfragmented woodland surrounding Unit 4 encompassing an approximately 36-ha the cave. We were unable to delineate Unit 4 consists of relatively large circular area containing the endangered the boundaries of the unit using roads wooded tracts subdivided for residential species cave habitat. or parcel boundaries due to their development, of which few appear to be Unit 6 configuration and instead delineated the developed. The unit contains several unit as a square encompassing an residential roads, but no major Unit 6 consists primarily of relatively approximately 36-ha circular area roadways or highways. Lands large tracts of undeveloped woodland containing the endangered species cave. surrounding Unit 4 consist of relatively with several smaller tracts developed large subdivided residential tracts that with homes. The unit is bordered to the Unit 8 appear to be largely undeveloped. One east by large, wooded, undeveloped The majority of the lands within Unit cave known to contain listed species tracts and to the west by a residential 8 consist of large tracts of primarily occurs within Unit 4 (Table 2). development. The unit contains one undeveloped woodland. The This unit was delineated to known occupied cave (Table 2) which southeastern portion of the unit has encompass at least 36 ha (90 ac) of along with its associated preserve lands been subdivided and developed with vegetation around the known occupied have been excluded from this critical homes. Part of this area has been cave, overlying a contiguous deposit of habitat designation. John Wagner Ranch developed with residential roads, but karst-bearing rock. The majority of Unit Cave No. 3 and the approximately 1.6 ha currently contains no homes. The unit 4 is defined by Veni’s 1994 karst zone (4 ac) surrounding the cave has been contains three known occupied caves maps as occurring within Zone 1. The acquired by La Cantera under their (Table 2). One of the caves along with unit was delineated to encompass the Section 10(a)(1)(B) permit which its associated preserve lands, have been majority of the contiguous Zone 1 karst requires that the cave and the excluded from this critical habitat deposit associated with the known surrounding preserve lands be managed designation. Hills and Dales Pit and occupied cave while maximizing the in perpetuity for the conservation of the approximately 28 ha (70 ac) amount of undisturbed, unfragmented species. Since these lands do not require surrounding the cave have been vegetation in the unit. The unit was additional special management, they acquired by La Cantera under their enlarged to include additional have been excluded from critical habitat Section 10(a)(1)(B) permit which woodland to compensate for internal designation. requires that the cave and the

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surrounding preserve lands be managed owned by the City of San Antonio, and Unit 12 in perpetuity for the conservation of the a privately-owned tract that is currently The majority of Unit 12 consists of species. Since these lands do not require undeveloped. Three caves known to lands that have been subdivided for additional special management, they contain listed species occur within Unit residential development. Single-family have been excluded from critical habitat 10 (Table 2). homes have been constructed on designation. This unit was delineated to roughly half of the subdivided lots. This unit was delineated to encompass at least 36 ha (90 ac) of Several residential roads and one major encompass at least 36 ha (90 ac) of vegetation around each of the three roadway occur within the unit. The unit vegetation around each of the three known occupied caves, overlying is bordered to the east by U.S. Highway known occupied caves, overlying 281, to the south by a quarry and to the contiguous deposits of karst-bearing contiguous deposits of karst-bearing west by a school and some residential rock. The majority of Unit 8 is defined rock. The majority of Unit 10 is defined by Veni’s 1994 karst zone maps as by Veni’s 1994 karst zone maps as development. Several relatively large occurring within Zones 1 and 2. The occurring within Zones 1 and 2. The tracts of undeveloped land occur within unit was delineated to encompass the unit was delineated to encompass the and to the north of the unit. Two caves majority of the contiguous Zone 1 and majority of the contiguous Zone 1 and known to contain listed species occur 2 karst deposits associated with the 2 karst deposits associated with the within Unit 12 (Table 2). known occupied caves while known occupied caves while This unit was delineated to maximizing the amount of undisturbed, maximizing the amount of undisturbed, encompass at least 36 ha (90 ac) of unfragmented woodland surrounding unfragmented vegetation within the vegetation around each of the two the cave. The unit was enlarged to unit. The unit was enlarged to include known occupied caves, overlying include additional woodland to additional woodland to compensate for contiguous deposits of karst-bearing compensate for internal fragmentation internal fragmentation due to several rock. The majority of Unit 12 is defined due to several small roads and roads and buildings, as well as potential by Veni’s 1994 karst zone maps as residential development within the unit. impacts due to military training occurring within Zone 2. The unit was The unit boundaries were primarily maneuvers. The unit boundaries were delineated to encompass the majority of delineated along existing roads and delineated along existing roads and the contiguous Zone 2 karst deposit parcel boundaries. parcel boundaries. associated with the known occupied caves while maximizing the amount of Unit 9 Unit 11 undisturbed and unfragmented woodland surrounding the cave. The Unit 9 consists of a large tract of Unit 11 consists of the southeastern unit was enlarged to include additional undeveloped, woodland. The unit is portion of the DOD’s Camp Bullis. The woodland to compensate for internal bordered to the north by Loop 1604, a area is not extensively developed with fragmentation due to existing residential major highway, and to the south by a structures or major roadways, but does development within the unit. The unit two-lane roadway. The unit is bordered contain areas used for some types of boundaries were primarily delineated to the west by the University of Texas military training maneuvers and along existing roads and a named creek. at San Antonio campus and to the east contains large areas where the by some commercial development. This woodland vegetation was cleared at Unit 13 unit contains one cave known to contain some point in the past. Less than half of Unit 13 consists primarily of large, listed species (Table 2). the known occupied caves are located This unit was delineated to currently undeveloped wooded tracts within woodland areas. Lands to the encompass at least 36 ha (90 ac) of with several smaller tracts developed east and south of the unit are vegetation around the known occupied with homes. Bulverde Road, a major undergoing rapid suburban cave, overlying a contiguous deposit of roadway, bisects the western portion of development. This unit contains 20 karst-bearing rock. Roughly half of Unit the unit. The unit is bordered by dense caves containing listed species (Table 9 is defined by Veni’s 1994 karst zone residential development on the 2). maps as occurring within Zone 1. The northwest and significantly less dense unit was delineated to encompass the This unit was delineated to residential development on the majority of the contiguous Zone 1 karst encompass at least 36 ha (90 ac) of northeast. The lands to the south, deposit associated with the known vegetation around each of the 20 known southeast, and southwest consist of occupied cave while maximizing the occupied caves, overlying contiguous large, undeveloped, wooded, tracts. One amount of undisturbed, unfragmented deposits of karst-bearing rock. The cave containing listed species occurs woodland surrounding the cave. The majority of Unit 11 is defined by Veni’s within this unit (Table 2). unit boundaries were delineated along 1994 karst zone maps as occurring This unit was delineated to existing roads and a named creek. within Zone 2. The unit was delineated encompass at least 36 ha (90 ac) of to encompass the majority of the vegetation around the known occupied Unit 10 contiguous Zone 2 karst deposit cave, overlying a contiguous deposit of Unit 10 consists of several large tracts associated with the known occupied karst-bearing rock. The majority of Unit of woodland. Most of Unit 10 is caves while maximizing the amount of 13 is defined by Veni’s 1994 karst zone undeveloped. Roughly half of this unit undisturbed and unfragmented maps as occurring within Zones 1 and consists of lands owned and operated by woodland surrounding the cave. The 2. The unit was delineated to the Department of Defense’s (DOD) unit was enlarged to include additional encompass the majority of the Camp Bullis. The majority of the DOD- woodland to compensate for internal contiguous Zone 1 and 2 karst deposits owned area within this unit is not fragmentation due to several roads and associated with the known occupied extensively developed with structures developed areas, and potential impacts caves while maximizing the amount of or major roadways, but does contain associated with military training undisturbed, unfragmented woodland areas used for some types of military maneuvers. The unit boundaries were surrounding the cave. The unit was training maneuvers. The other half of delineated primarily along existing enlarged to include additional the unit consists of Eisenhower Park, roads and parcel boundaries. woodland to compensate for internal

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fragmentation due to existing residential Unit 16 unit boundaries were delineated along development and the presence of a parcel boundaries. Unit 16 contains several large, major roadway within the unit. The unit Unit 18 boundaries were primarily delineated primarily undeveloped tracts of woodland. However, Loop 1604, a major along parcel boundaries and existing The northern portion of Unit 18 highway, bisects the eastern half of the roads. consists of relatively large, wooded unit. One cave known to contain tracts subdivided for residential Unit 14 endangered species occurs within Unit development, the majority of which 16 (Table 2). appear to be undeveloped. The southern Unit 14 consists of several large tracts This unit was delineated to portion of the unit is lined with of undeveloped woodland with no encompass at least 36 ha (90 ac) of developed residential lots. Unit 18 is major roadways or highways. Three vegetation around the known occupied bisected by one residential road. caves known to contain listed species cave, overlying a contiguous deposit of Adjacent lands to the west consist of occur within Unit 14 (Table 2). karst-bearing rock. Unit 16 is defined by relatively large residential tracts that This unit was delineated to Veni’s 1994 karst zone maps as appear to be currently undeveloped. encompass at least 36 ha (90 ac) of occurring almost entirely within Zone 1. The remaining sides are bordered by vegetation around each of the three The unit was delineated to encompass developed residential and commercial known occupied caves, overlying the majority of the contiguous Zone 1 properties. Two caves known to contain contiguous deposits of karst-bearing karst deposit associated with the known listed species occur within Unit 18 rock. Unit 14 is defined by Veni’s 1994 occupied cave while maximizing the (Table 2). karst zone maps as occurring within amount of undisturbed, unfragmented This unit was delineated to Zones 1 and 2. The unit was delineated woodland surrounding the cave. The encompass at least 36 ha (90 ac) of to encompass the majority of the unit was enlarged to include additional vegetation around the two known contiguous Zone 1 and 2 karst deposits woodland to compensate for internal occupied caves, overlying contiguous associated with the known occupied fragmentation due to Loop 1604. We deposits of karst-bearing rock. About half of Unit 18 is defined by Veni’s 1994 caves while maximizing the amount of were unable to delineate the boundaries karst zone maps as occurring within undisturbed, unfragmented woodland of the unit using roads or parcel Zone 1. The unit was delineated to surrounding the cave. We were unable boundaries due to their configuration encompass the majority of the to delineate the boundaries of the unit and instead delineated the unit as a contiguous Zone 1 karst deposit using roads or parcel boundaries due to rectangle encompassing an associated with the known occupied their configuration and instead approximately 36-ha area around the known occupied cave. caves while maximizing the amount of delineated the unit as a rectangle undisturbed, unfragmented woodland in encompassing an approximately 36-ha Unit 17 the unit. The unit was enlarged to area around each of the three known include additional woodland to occupied caves. Unit 17 consists of relatively large tracts of undeveloped woodland with compensate for internal fragmentation Unit 15 only a few small private or county due to existing residential development roads. Lands adjacent to the unit are within the unit. The unit boundaries The majority of the lands within Unit also undeveloped and wooded. The unit were delineated along parcel boundaries 15 are within a subdivision. Tracts in contains one known occupied cave and existing roads. the subdivision are relatively large and (Table 2) which, along with its Unit 19 still contain wooded vegetation. Two associated preserve lands, has been The majority of the land within Unit large, wooded, undeveloped tracts are excluded from this critical habitat located east of the subdivision. The unit 19 has been developed for residential designation. Madla’s Cave and and/or commercial uses. Unit 19 is contains several residential roads, but approximately 2 ha (5 ac) surrounding no major roadways or highways. Unit 15 bordered to the east by Stone Oak Road, the cave have been acquired by La a major roadway, and to the south by contains four caves known to contain Cantera under their Section 10(a)(1)(B) listed species (Table 2). Loop 1604, also a major roadway. permit which requires that the cave and However, several undeveloped areas This unit was delineated to the surrounding preserve lands be exist on lands adjacent to the unit to the encompass at least 36 ha (90 ac) of managed in perpetuity for the northwest. Genesis Cave, the only vegetation around each of the four conservation of the listed species. Since known occupied cave within this unit known occupied caves, overlying these lands do not require additional (Table 1), is the deepest explored cave contiguous deposits of karst-bearing special management, they have been in Bexar County, extending below the rock. The majority of Unit 15 is defined excluded from critical habitat water table, and has been mapped down by Veni’s 1994 karst zone maps as designation. to 78 m (256 ft) (Veni 1988). occurring within Zone 1. The unit was This unit was delineated to The majority of Unit 19 is defined by delineated to encompass the majority of encompass at least 36 ha (90 ac) of Veni’s 1994 karst zone maps as the contiguous Zone 1 karst deposit vegetation around the known occupied occurring within Zone 1. The unit was associated with the known occupied cave, overlying a contiguous deposit of delineated to encompass the majority of caves while maximizing the amount of karst-bearing rock. Roughly half of Unit the contiguous Zone 1 karst deposit undisturbed, unfragmented woodland 17 is defined by Veni’s 1994 karst zone associated with the known occupied surrounding the cave. The unit was maps as occurring within Zone 1. The cave. The unit boundaries were enlarged to include additional unit was delineated to encompass the delineated along parcel boundaries and woodland to compensate for internal majority of the contiguous Zone 1 karst existing roads. fragmentation due to existing residential deposit associated with the known Surface vegetation within Unit 19 has development within the unit. The unit occupied caves while maximizing the been significantly reduced and degraded boundaries were delineated along parcel amount of undisturbed, unfragmented as a result of urban development, and boundaries and existing roads. woodland surrounding the cave. The intensive management may be needed to

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provide nutrients and water to the listed designated as critical habitat based on consultation with the Service. Actions species in this cave. Lands within this the presence of an intact subsurface on private or State lands receiving unit do not contain the primary environment. funding or requiring a permit from a constituent element of a healthy surface Federal agency also will be subject to Unit 21 community of native vegetation. the section 7 consultation process if the Therefore, this unit is being designated Unit 21 consists of several large tracts action may affect proposed critical as critical habitat based on the presence of undeveloped land and several smaller habitat. Federal actions not affecting the of an intact subsurface environment. tracts developed with homes and species or its proposed critical habitat, several residential roads. Mud Creek as well as actions on non-Federal lands Unit 20 runs through the unit. Three caves that are not federally funded or Numerous residential roads and one known to contain listed species occur permitted will not require section 7 major roadway, Nacogdoches Road, with Unit 21 (Table 2). consultation. Regulations implementing occur within and/or cross Unit 20. This This unit was delineated to this interagency cooperation provision unit contains one known occupied cave, encompass at least 36 ha (90 ac) of of the Act are codified at 50 CFR part Robber Baron Cave (Table 2). This cave vegetation around the three known 402. is by far the longest cave in Bexar occupied caves, overlying contiguous Section 7(a)(4) of the Act requires County consisting of approximately 1.51 deposits of karst-bearing rock. Unit 21 is Federal agencies to confer on any action km (0.94 mi) of passages known within defined by Veni’s 1994 karst zone maps likely to jeopardize the continued a square area approximately 100 m (328 as occurring within Zone 2. The unit existence of a species proposed for ft) on each side (Veni 1988). Prior to the was delineated to encompass the listing or result in destruction or extensive development that has majority of the contiguous karst deposit adverse modification of proposed occurred in the area, the cave’s footprint associated with the known occupied critical habitat. Conference reports was estimated to extend at least 100 m caves while maximizing the amount of provide conservation recommendations (328 ft) farther east to a water well, 600 undisturbed, unfragmented woodland to assist the agency in eliminating m (1,969 ft) southwest to a now-sealed, surrounding the cave. The unit was conflicts that may be caused by the extensive maze cave and about 1.2 km enlarged to include additional proposed action. The conservation (0.75 mi) to the southwest to another woodland to compensate for internal recommendations are advisory. We may well (Veni 1988). The estimated fragmentation due to existing residential issue a formal conference report, if footprint of the cave now extends development within the unit. We were requested by the Federal action agency. underneath numerous residential and unable to delineate the boundaries of Formal conference reports include an commercial developments. Intensive the unit using roads or parcel opinion that is prepared according to 50 management may be needed to provide boundaries due to their configuration CFR 402.14, as if the species was listed nutrients and water to the two listed and instead delineated the unit as a or critical habitat was designated. We species found in this cave which are rectangle encompassing an may adopt the formal conference report only known from Robber Baron Cave, approximately 36-ha area around each as the biological opinion when the making it essential to the conservation of the three known occupied caves. species is listed or critical habitat is of these species. The Texas Cave designated, if no substantial new Management Association (TCMA) now Effects of Critical Habitat Designation information or changes in the action owns and manages the cave and about Section 7 Consultation alter the content of the opinion (see 50 0.2 ha (0.5 ac) surrounding the opening. CFR 402.10(d)). TCMA, in cooperation with the Section 7(a)(2) of the Act requires If a species is listed or critical habitat Service’s Partners for Fish and Wildlife Federal agencies, including the Service, is designated, section 7(a)(2) of the Act Program, is currently working to replace to ensure that actions they fund, requires Federal agencies to ensure that the existing cave gate, which consists of authorize, or carry out do not destroy or actions they authorize, fund, or carry a concrete bunker created to deter adversely modify critical habitat. out are unlikely to jeopardize the access, with a new gate that will Destruction or adverse modification continued existence of such a species or facilitate exchange of air and nutrients occurs when a Federal action directly or destroy or adversely modify its critical into the cave as well as restrict access. indirectly alters critical habitat to the habitat. If a Federal action may affect a TCMA also plans to restore the grounds extent that it appreciably diminishes the listed species or its critical habitat, the immediately surrounding Robber Baron value of the critical habitat for both the responsible Federal agency (action Cave to a more natural state and repair survival and recovery of the species. agency) must enter into consultation the perimeter fence to regulate access. Individuals, organizations, States, local with us. Through this consultation, the The majority of Unit 20 is defined by governments, and other non-Federal Federal agency would ensure that the Veni’s 1994 karst zone maps as entities are affected by the designation permitted actions do not destroy or occurring within Zone 1. The unit was of critical habitat only if their actions adversely modify critical habitat. delineated to encompass the estimated occur on Federal lands, require a If we issue a biological opinion, extent of the cave’s subsurface drainage Federal permit, license, or other resulting from a section 7 consultation, according to Veni (1997) and a majority authorization, or involve Federal concluding that a Federal action is of the contiguous Zone 1 karst deposit funding. likely to result in the destruction or associated with Robber Baron Cave. The Section 7(a)(2) of the Act requires adverse modification of critical habitat, unit boundaries were delineated along Federal agencies to evaluate their we would also provide reasonable and parcel boundaries and existing roads. actions with respect to any species that prudent alternatives to the action, if any Surface vegetation within Unit 20 has is proposed or listed as endangered or are identifiable. Reasonable and prudent been significantly reduced and degraded threatened and with respect to its alternatives are defined at 50 CFR as a result of urban development. Lands critical habitat, if any is designated or 402.02 as alternative actions identified within this unit do not contain the proposed. Activities on Federal lands during consultation that can be primary constituent element of a that may affect the listed karst implemented in a manner consistent healthy surface community of native invertebrates or their proposed critical with the intended purpose of the action, vegetation. Therefore, this unit is being habitat will require section 7 that are consistent with the scope of the

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Federal agency’s legal authority and ground, impervious structures, however, they indicate the potential jurisdiction, that are economically and occurring in any critical habitat unit, types of activities that will require technologically feasible, and that the whether by burning, mechanical, section 7 consultation in the future and, Service’s Director believes would avoid chemical, or other means (for example, therefore, that may be affected by the destruction or adverse modification of wood cutting, grading, overgrazing, proposed designation of critical habitat. critical habitat. construction, road building, mining, To properly portray the effects of critical Regulations at 50 CFR 402.16 require herbicide application); habitat designation, we must compare Federal agencies to reinitiate (2) Alteration of the surface the section 7 requirements for actions consultation on previously reviewed topography or subsurface geology that may affect critical habitat with the actions in instances where critical within any critical habitat unit that requirements for actions that may affect habitat is subsequently designated and results in significant disruption of a listed species. All of the areas the Federal agency has retained ecosystem processes that sustain the proposed as critical habitat units are discretionary involvement or control cave environment. This may include, known to contain one or more caves over the action or such discretionary but is not limited to, such activities as occupied by one or more of the listed involvement or control is authorized by filling cave entrances or otherwise karst invertebrates. Therefore, all of the law. Consequently, some Federal reducing airflow, which limits oxygen actions described above as potentially agencies may request reinitiation of availability; modifying cave entrances, adversely affecting critical habitat are consultation with us on actions for or creating new entrances that increases also likely to adversely affect the listed which formal consultation has been airflow and results in drying; altering species. Federal agencies are already completed if those actions may affect natural drainage patterns (surface or required to consult with us on activities designated critical habitat. subsurface) that alters the amount of in areas where the species may be Activities on Federal lands that may water entering the cave or karst feature; affected to ensure that their actions do adversely affect any of the nine karst removal or disturbance of native surface not jeopardize the continued existence invertebrates or their critical habitat will vegetation; soil disturbance that results of the species. Therefore, we do not require section 7 consultation. Activities in increased sedimentation in the karst expect that the proposed designation of on private or State lands requiring a environment; increasing impervious critical habitat will result in a permit from a Federal agency, such as cover within any critical habitat unit; significant regulatory burden above that a permit from the U.S. Army Corps of and altering the entrance or opening of already in place due to the presence of Engineers (ACOE) under section 404 of the cave or karst feature in a way that the listed species. the Clean Water Act or a Construction would disrupt movements of raccoons, If you have questions regarding General permit from the U.S. opossums, cave crickets, or other whether specific activities would Environmental Protection Agency, or animals that provide nutrient input; or constitute adverse modification of some other Federal action, including otherwise negatively altering the critical habitat, please contact the funding (for example, from the Federal movement of nutrients into the cave or Acting Field Supervisor, Austin Highway Administration, Federal karst feature; Ecological Services Field Office (see the Aviation Administration, Federal (3) Discharge or dumping of FOR FURTHER INFORMATION CONTACT Emergency Management Agency chemicals, silt, pollutants, household or section). Requests for copies of the (FEMA), Natural Resources industrial waste, or other harmful regulations on listed wildlife and plants, Conservation Service (NRCS), or material into or near critical habitat and inquiries about prohibitions and Housing and Urban Development units that may affect surface plant and permits, should be directed to the U.S. (HUD)) will also continue to be subject animal communities that support karst Fish and Wildlife Service, Endangered to the section 7 consultation process. ecosystems; Species Act Section 10 Program (see Federal actions not adversely affecting (4) Pesticide or fertilizer application ADDRESSES section). listed species or critical habitat and in or near critical habitat units that actions on non-Federal lands that are drain into these karst features or that Exclusions Under Section 3(5)(A) Definition not federally funded or permitted do not affect surface plant and animal require section 7 consultation. communities that support karst Critical habitat is defined in section 3, Section 4(b)(8) of the Act requires us ecosystems. Careful use of pesticides in paragraph (5)(A) of the Act as—(i) the to evaluate briefly in any proposed or the vicinity of karst features may be specific areas within the geographic area final regulation that designates critical necessary in some instances to control occupied by a species, at the time it is habitat those activities involving a nonnative fire ants. Guidelines for listed in accordance with the Act, on Federal action that may adversely controlling fire ants in the vicinity of which are found those physical or modify such habitat or that may be karst features are available from us (see biological features (I) essential to the affected by such designation. Activities ADDRESSES section); conservation of the species and (II) that that may result in the destruction or (5) Activities within caves that lead to may require special management adverse modification of critical habitat soil compaction, changes in considerations or protection; and, (ii) include those that alter the primary atmospheric conditions, abandonment specific areas outside the geographic constituent elements to an extent that of the cave by bats or other fauna; and area occupied by a species at the time the value of critical habitat for the (6) Activities that attract or increase it is listed, upon a determination that survival and recovery of any of the nine access for fire ants, cockroaches, or such areas are essential for the karst invertebrates is appreciably other invasive predators, competitors or conservation of the species. Special reduced. Activities that may directly or potential vectors for diseases or management and protection are not indirectly adversely affect critical parasites into caves or karst features required if adequate management and habitat for these karst invertebrates within the critical habitat units (for protection are already in place. include, but are not limited to: example, dumping of garbage in or Adequate special management or (1) Removing, thinning, or destroying around caves or karst features). protection is provided by a legally perennial surface vegetation, with the Not all of the identified activities will operative plan/agreement that addresses exception of landscaping associated necessarily result in the adverse the maintenance and improvement of with existing human-constructed, above modification of critical habitat, the primary constituent elements

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important to the species and manages In selecting areas to be designated as Exclusions Under Section 4(b)(2) for the long-term conservation of the critical habitat, we attempted to exclude Section 4(b)(2) of the Act requires that species. If any areas containing the areas that have a plan that addresses the we designate critical habitat on the basis primary constituent elements are conservation needs of any of the nine of the best scientific and commercial currently being managed to address the karst invertebrate species and that meets information available, and that we conservation needs of any of the nine the guidelines described above. We consider the economic and other karst invertebrate species and do not determined that the five karst preserves relevant impacts of designating a require additional management or established by La Cantera as required by particular area as critical habitat. We protection, we may exclude such areas their section 10(a)(1)(B) permit should may exclude areas from critical habitat from the proposed rule because they be excluded based on the guidelines designation if the benefits of exclusion would not meet the definition of critical given above. These karst preserves outweigh the benefits of designation, habitat in section 3(5)(A)(i) of the Act. include Canyon Ranch preserve provided the exclusion will not result in We will use the following three (including Canyon Ranch Pit, Fat Man’s the extinction of the species. We will guidelines to determine if a plan Nightmare Cave, and Scenic Overlook conduct an economic analysis for this provides adequate management or Cave and the surrounding proposal prior to making a final protection—(1) A current plan approximately 30 ha (75 ac) (within determination. When completed, we specifying the management actions must Unit 1e); Helotes Blowhole and Helotes will announce the availability of the be complete and provide sufficient Hilltop caves and the surrounding draft economic analysis with a notice in conservation benefit to the species; (2) approximately 10 ha (25 ac) (within the Federal Register, and we will the plan must provide assurances that Unit 3); John Wagner Cave No. 3 and the provide at least a 30-day public the conservation management strategies surrounding approximately 1.6 ha (4 ac) comment period on the draft economic will be implemented; and (3) the plan (within Unit 6); Hills and Dales Pit and analysis which may fall during or after must provide assurances that the the surrounding approximately 28 ha the 90-day comment period for this conservation management strategies will (70 ac) (within Unit 8); and Madla’s proposed rule. be effective. Cave and the surrounding In determining if management approximately 2 ha (5 ac) (within Unit Public Comments Solicited strategies are likely to be implemented, 17). As required under their permit, La We intend that any final action we will consider whether: (1) A Cantera purchased these lands through resulting from this proposal be as management plan or agreement exists conservation easement and/or fee accurate and as effective as possible. that specifies the management actions simple title and will ensure that they Therefore, we solicit comments or being implemented or to be will be protected in perpetuity and suggestions from the public, other implemented; (2) there is a timely managed in accordance with the concerned governmental agencies, the schedule for implementation; (3) there conservation needs of the species. scientific community, industry, or any is a high probability that the funding We did not exclude areas that do not other interested party concerning this source(s) or other resources necessary to have a plan that provides adequate proposed rule. We are particularly implement the actions will be available; management or protection as described interested in comments concerning: and (4) the party(ies) have the authority under the guidelines above. Camp Bullis (1) The reasons why any area should and long-term commitment to the submitted a draft management plan to or should not be determined to be agreement or plan to implement the the Service for the 23 caves on DOD critical habitat as provided by section 4 management actions, as demonstrated, property that are known to contain of the Act, including whether the for example, by a legal instrument listed species. These 23 caves are benefits of designation will outweigh providing enduring protection and included within 2 proposed critical any threats to the species due to management of the lands. habitat units (Units 10 and 11). The designation; In determining whether an action is Service is currently working with Camp (2) Specific information on the likely to be effective, we will consider Bullis to determine management needed distribution of each of the nine karst whether: (1) The plan specifically to adequately protect the species and its invertebrates, and what areas are addresses the management needs, habitat. Therefore, caves on Camp Bullis essential to the conservation of these including reduction of threats to the were not excluded from the proposed species and why; species; (2) such actions have been critical habitat designation. It is our (3) Whether lands within proposed successful in the past; (3) there are understanding that the proposed critical habitat units are currently being provisions for monitoring and management plan is currently being managed to address the conservation assessment of the effectiveness of the revised. needs of these listed species management actions; and (4) adaptive If a management plan for Camp Bullis (4) Land use practices and current or management principles have been or other areas proposed as critical planned activities in the subject areas incorporated into the plan. habitat (for example, Government and their possible impacts on proposed Adequate reduction of the threat from Canyon State Natural Area), that critical habitat; non-native invasive species (for addresses the above requirements, can (5) Any foreseeable economic or other example, non-native fire ants), that are be completed and approved by us prior impacts resulting from the proposed already present, adjacent to, and/or to the end of the public comment period designation of critical habitat, in within some caves may, to some extent, for this proposed rule, these areas will particular, any impacts on small entities require different management activities. not be included in the final critical or families; Although difficult for managers to habitat designation. (6) Economic and other values control at this time, control of non- We are unaware of any other lands associated with designating critical native fire ant populations is one within the proposed critical habitat habitat for the nine karst invertebrates, requirement in determining whether an units that have a written plan for the such as those derived from non- area is being adequately managed such conservation of these species that could consumptive uses (such as, hiking, that it does not meet the definition of have been evaluated for exclusion under sight-seeing, enhanced watershed critical habitat. section 3(5)(A) of the Act. protection, improved air quality,

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increased soil retention, ‘‘existence Does the proposed rule contain not jeopardize the continued existence values,’’ and reductions in technical language or jargon that of the species. administrative costs). interferes with the clarity? (3) Does the Accordingly, we do not expect the If you wish to comment, you may format of the proposed rule (grouping designation of areas as critical habitat submit your comments and materials and order of sections, use of headings, that are within the geographical range concerning this proposal by any one of paragraphing, etc.) aid or reduce its occupied by the species to have any several methods (see ADDRESSES clarity? (4) Is the description of the incremental impacts on what actions section). proposed rule in the SUPPLEMENTARY may or may not be conducted by Our practice is to make comments, INFORMATION section of the preamble Federal agencies or non-Federal persons including names and home addresses of helpful in understanding the document? that receive Federal authorization or respondents, available for public review (5) Is the background information useful funding. The designation of areas as during regular business hours. and is the amount appropriate? (6) What critical habitat where section 7 Respondents may request that we else could we do to make the proposed consultations would not have occurred withhold their home address, which we rule easier to understand? but for the critical habitat designation will honor to the extent allowable by Send a copy of any comments that may have impacts on what actions may law. If you wish us to withhold your concern how we could make this notice or may not be conducted by Federal name and/or address, you must state easier to understand to: Office of agencies or non-Federal persons who this request prominently at the Regulatory Affairs, Department of the receive Federal authorization or funding beginning of your comment. However, Interior, Room 7229, 1849 C Street, that are not attributable to the species we will not consider anonymous NW., Washington, DC 20240. You may listing. We will evaluate any impact comments. To the extent consistent with also e-mail comments to through our economic analysis (under applicable law, we will make all [email protected]. section 4 of the Act: see the ‘‘Exclusions submissions from organizations or Under Section 4(b)(2)’’ section of this businesses, and from individuals Required Determinations rule). Non-Federal persons who do not identifying themselves as Regulatory Planning and Review have a Federal sponsorship of their representatives or officials of actions are not restricted by the organizations or businesses, available Executive Order 12866 designation of critical habitat. for public inspection in their entirety. In accordance with Executive Order (b) We do not believe this rule would Comments and materials received will (E.O.) 12866, this document is a create inconsistencies with other be available for public inspection, by significant rule and has been reviewed agencies’ actions. As discussed above, appointment, during normal business by the Office of Management and Federal agencies have been required to hours at the Austin Ecological Services Budget (OMB) in accordance with the ensure that their actions not jeopardize Field Office, Austin, Texas (see four criteria discussed below. We are the continued existence of the nine karst ADDRESSES section). preparing a draft economic analysis of invertebrates since their listing on December 26, 2000. We will evaluate Peer Review this proposed action, which will be available for public comment, to any additional impact through our In accordance with our policy determine the economic consequences economic analysis. Because of the published on July 1, 1994 (59 FR of designating specific areas as critical potential for impacts on other Federal 34270), we will seek the expert opinions habitat. The availability of the draft agencies activities, we will continue to of at least three appropriate and economic analysis will be announced in review this proposed action for any independent individuals regarding this the Federal Register so that it is inconsistencies with other Federal proposed rule. The purpose of such available for public review and agencies actions. review is to ensure critical habitat (c) We do not believe this rule, if comment. decisions are based on scientifically made final, would materially affect sound data, assumptions, and analyses. (a) While we will prepare an entitlements, grants, user fees, loan We will send copies of this proposed economic analysis to assist us in programs, or the rights and obligations rule to peer reviewers immediately considering whether areas should be of their recipients. Federal agencies are following publication in the Federal excluded from critical habitat currently required to ensure that their Register. We will invite peer reviewers designation pursuant to section 4 of the activities do not jeopardize the to comment, during the public comment Act, we do not believe this rule will continued existence of a listed species, period, on the specific assumptions and have an annual effect on the economy and, as discussed above, we will conclusions regarding the proposed of $100 million or more or adversely evaluate any additional impacts through designation of critical habitat. affect in a material way the economy, a an economic analysis. We will consider all comments and sector of the economy, productivity, (d) OMB has determined that this rule data received during the 90-day jobs, the environment, public health or raises novel legal or policy issues and, comment period on this proposed rule safety, or State, local or tribal as a result, this rule has undergone OMB during preparation of final rulemaking. communities. Therefore, we do not review. Accordingly, the final decision may believe a cost benefit and economic Regulatory Flexibility Act (5 U.S.C. 601 differ from this proposal. analysis pursuant to E.O. 12866 is required. et seq.) Clarity of the Rule Under the Act, critical habitat may Under the Regulatory Flexibility Act Executive Order 12866 requires each not be adversely modified by a Federal (5 U.S.C. 601 et seq., as amended by the agency to write regulations and notices agency action; critical habitat does not Small Business Regulatory Enforcement that are easy to understand. We invite impose any restrictions on non-Federal Fairness Act (SBREFA) of 1996), your comments on how to make this persons unless they are conducting whenever an agency is required to proposed rule easier to understand, activities funded or otherwise publish a notice of rulemaking for any including answers to questions such as sponsored or permitted by a Federal proposed or final rule, it must prepare the following: (1) Are the requirements agency. Section 7 of the Act requires and make available for public comment in the proposed rule clearly stated? (2) Federal agencies to ensure that they do a regulatory flexibility analysis that

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describes the effects of the rule on small estimating the numbers of small entities will be due to the listing of the species entities (such as, small businesses, small potentially affected, we also consider and the critical habitat designation. organizations, and small government whether their activities have any One of the proposed critical habitat jurisdictions). However, no regulatory Federal involvement; some kinds of units (Unit 11) and a portion of another flexibility analysis is required if the activities are unlikely to have any (Unit 10) are located on Federal lands. head of the agency certifies the rule will Federal involvement and so will not be Units 1a, 1b, 1c and 1d are located on not have a significant economic impact affected by critical habitat designation. GCSNA which is owned and managed on a substantial number of small Designation of critical habitat only by TPWD and Unit 9 is owned by the entities. SBREFA amended the affects activities conducted, funded, or University of Texas at San Antonio Regulatory Flexibility Act (RFA) to permitted by Federal agencies; non- (Table 2). On State lands, activities with require Federal agencies to provide a Federal activities may be affected to the no Federal involvement would not be statement of the factual basis for extent that there is a Federal nexus affected by the critical habitat certifying that the rule will not have a associated with the non-Federal activity. designation. significant economic impact on a An example of this nexus would be if Sixteen of the twenty-five units in the substantial number of small entities. a non-Federal activity required a proposed designation consist entirely of SBREFA also amended the RFA to Federal permit. In areas where the privately-owned lands and four include require a certification statement. In species is present, Federal agencies are some private lands within the unit today’s rule, we are certifying that the already required to consult with us (Table 2). On private lands, activities rule will not have a significant under section 7 of the Act on activities that lack Federal involvement would economic impact on a substantial that they fund, permit, or implement not be affected by the critical habitat number of small entities. The following that may affect any of the nine karst designation. discussion explains our rationale. invertebrates. If this critical habitat In Texas, previous consultations According to the Small Business designation is finalized, Federal under section 7 of the Act between us Association, small entities include small agencies must also consult with us if and other Federal agencies most organizations, such as independent non- their activities may affect designated frequently involve the U.S. Department profit organizations, and small critical habitat. However, we do not of Transportation (DOT), the ACOE, and governmental jurisdictions, including believe this will result in any additional the Environmental Protection Agency school boards and city and town regulatory burden on Federal agencies (EPA). governments that serve fewer than or their applicants where consultation In general, two different mechanisms 50,000 residents, as well as small would already be required due to the in section 7 consultations could lead to businesses. Small businesses include presence of the listed species, because additional regulatory requirements. manufacturing and mining concerns the duty to avoid adverse modification First, if we conclude in a biological with fewer than 500 employees, of critical habitat would not likely opinion that a proposed action is likely wholesale trade entities with fewer than trigger additional regulatory impacts to jeopardize the continued existence of 100 employees, retail and service beyond the duty to avoid jeopardizing a species or adversely modify its critical businesses with less than $5 million in the species. habitat, we can offer ‘‘reasonable and annual sales, general and heavy Even if the duty to avoid adverse prudent alternatives.’’ Reasonable and construction businesses with less than modification does not trigger additional prudent alternatives are alternative $27.5 million in annual business, regulatory impacts in areas where the actions that can be implemented in a special trade contractors doing less than species is present, designation of critical manner consistent with the scope of the $11.5 million in annual business, and habitat could result in an additional Federal agency’s legal authority and agricultural businesses with annual economic burden on small entities due jurisdiction, that are economically and sales less than $750,000. To determine to the requirement to conduct a technologically feasible, and that would if potential economic impacts to these reinitiation of a past section 7 avoid jeopardizing the continued small entities are significant, we consultation to conduct an adverse existence of listed species or resulting in consider the types of activities that modification analysis. Since the species adverse modification of critical habitat. might trigger regulatory impacts under were listed on December 26, 2000, the A Federal agency and an applicant may this rule as well as the types of project only formal section 7 consultation has elect to implement a reasonable and modifications that may result. In been an intra-Service consultation on prudent alternative associated with a general, the term significant economic the La Cantera HCP. However, we did biological opinion that has found impact is meant to apply to a typical not include the caves that La Cantera jeopardy or adverse modification of small business firm’s business received take coverage for under their critical habitat. An agency or applicant operations. section 10 permit in the proposed could alternatively choose to seek an To determine if the rule would affect critical habitat designation, so exemption from the requirements of the a substantial number of small entities, reinitiation of the intra-Service section 7 Act or proceed without implementing we consider the number of small consultation as a result of this proposed the reasonable and prudent alternative. entities affected within particular types designation is not necessary. However, unless an exemption were of economic activities (for example, In areas where the species is not obtained, the Federal agency or housing development, grazing, oil and present, designation of critical habitat applicant would be at risk of violating gas production, timber harvesting, etc.). could trigger additional review of section 7(a)(2) of the Act if it chose to We apply the ‘‘substantial number’’ test Federal activities under section 7 of the proceed without implementing the individually to each industry to Act. Since the species were listed on reasonable and prudent alternatives. determine if certification is appropriate. December 26, 2000, the only formal Secondly, if we find that a proposed In some circumstances, especially with section 7 consultation has been an intra- action is not likely to jeopardize the proposed critical habitat designations of Service consultation on the La Cantera continued existence of a listed animal very limited extent, we may aggregate HCP. For the purposes of this review species, we may identify reasonable and across all industries and consider and certification under the RFA, we are prudent measures designed to minimize whether the total number of small assuming that any future consultations the amount or extent of take and require entities affected is substantial. In in the area proposed as critical habitat the Federal agency or applicant to

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implement such measures through non- economically feasible and consistent imposes no obligations on State or local discretionary terms and conditions. We with the proposed action. We are governments. may also identify discretionary certifying that the proposed designation Takings conservation recommendations of critical habitat for the nine designed to minimize or avoid the endangered Bexar County invertebrate In accordance with Executive Order adverse effects of a proposed action on species will not have a significant 12630 (‘‘Government Actions and listed species or critical habitat, help economic impact on a substantial Interference with Constitutionally implement recovery plans, or develop number of small entities and that this Protected Private Property Rights’’), we information that could contribute to the proposed rule does not meet the criteria have analyzed the potential takings recovery of the species. under SBREFA as a major rule: implications of the proposed listing and Based on our experience with section Therefore an initial regulatory flexibility designation of critical habitat for these 7 consultations for all listed species, analysis is not required. nine karst invertebrates. The takings virtually all projects-including those implications assessment concludes that that, in their initial proposed form, Executive Order 13211 this proposed rule does not pose would result in jeopardy or adverse On May 18, 2001, the President issued significant takings implications. A copy modification determinations in section Executive Order 13211 on regulations of this assessment is available by 7 consultations-can be implemented that significantly affect energy supply, contacting the U.S. Fish and Wildlife successfully with, at most, the adoption distribution, and use. Executive Order Service, Austin Ecological Services of reasonable and prudent alternatives. 13211 requires agencies to prepare Field Office (see ADDRESSES section). These measures, by definition, must be Statements of Energy Effects when Federalism economically feasible and within the undertaking certain actions. Although In accordance with Executive Order scope of authority of the Federal agency this rule is a significant action under involved in the consultation. 13132, the rule does not have significant Executive Order 12866, it is not Federalism effects. A Federalism In summary, we have considered expected to significantly affect energy whether this proposed rule would result assessment is not required. As discussed supplies, distribution, or use since the above, the designation of critical habitat in a significant economic impact on a majority of the lands being proposed as substantial number of small entities and in areas currently occupied by the nine critical habitat occur on privately endangered karst invertebrates would find that it would not. The entire owned lands that are primarily designation involves approximately have little incremental impact on State developed for agricultural and and local governments and their 3,857 ha (9,516 ac) within 25 units, of residential uses, and not energy which approximately 1,620 ha (4,000 activities. The designations may have production or distribution. Therefore, some benefit to these governments in ac) is under federal ownership and this action is not a significant energy approximately 284 ha (700 ac) is under that the areas essential to the action and no Statement of Energy State ownership. The majority of the conservation of these species are more Effects is required. remaining acreage is under private clearly defined, and the primary ownership, but includes City of San Unfunded Mandates Reform Act (2 constituent elements of the habitat Antonio park lands, and City, County U.S.C. 1501 et seq.) necessary to the survival of the species and State right of ways, roads, and are identified. While this designation In accordance with the Unfunded municipal lands. However, probable does not alter where and what federally Mandates Reform Act (2 U.S.C. 1501 future land uses in these areas are sponsored activities may occur, it may August 25, 2000 et seq.): expected to have a Federal nexus or assist these local governments in long- require section 7 consultation (for a. This rule, as proposed, will not range planning rather than waiting for example, road and utility development ‘‘significantly or uniquely’’ affect small case-by-case section 7 consultation to projects, water crossings, etc.). These governments. A Small Government occur. projects may require Federal permits. In Agency Plan is not required. Small Civil Justice Reform these areas, Federal involvement—and governments will be affected only to the thus section 7 consultations, the only extent that any programs having Federal In accordance with E.O. 12988, the trigger for economic impact under this funds, permits, or other authorized Department of the Interior’s Office of the rule—would be limited to a subset of activities must ensure that their actions Solicitor has determined that this the area proposed. The most likely will not adversely affect the critical proposed rule does not unduly burden Federal involvement would be habitat. However, as discussed above, the judicial system and meets the associated with activities involving the these actions are currently subject to requirements of sections 3(a) and 3(b)(2) DOD, Federal Highways Administration equivalent restrictions through the of the Order. We propose to designate (FHA), DOT, the EPA, ACOE, or the listing protections of the species, and no critical habitat in accordance with the FEMA. This rule may result in project further restrictions are anticipated to provisions of the Act, and will plan modifications when proposed Federal result from critical habitat designation public hearings on the proposed activities would destroy or adversely of occupied areas. In our economic designation during the comment period, modify critical habitat. While this may analysis, we will evaluate any impact of if requested. We plan to hold at least occur, it is not expected frequently designating areas where section 7 one public hearing and the date for this enough to affect a substantial number of consultations would not have occurred hearing will be published in separate small entities. Even when it does occur, but for the critical habitat designation. notice. We also plan to hold an we do not expect it to result in a b. This rule, as proposed, will not informational meeting in Bexar County significant economic impact since we produce a Federal mandate on State, on September 10, 2002. This meeting expect that most proposed projects, with local, or tribal governments or the will take place from 6 pm to 7:30 pm at or without modification, can be private sector of $100 million or greater the Great Northwest Library, 9050 implemented in such a way as to avoid in any year; that is, it is not a Wellwood, San Antonio, Texas. We will adversely modifying critical habitat, as ‘‘significant regulatory action’’ under send letters inviting all interested the measures included in reasonable the Unfunded Mandates Reform Act. individuals to attend and will advertise and prudent alternatives must be The designation of critical habitat the meeting in the area newspaper. The

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rule uses standard property descriptions significantly affecting the quality of the Regulation Promulgation and identifies the primary constituent human environment. elements within the designated areas to Accordingly, part 17, subchapter B of Government-to-Government chapter I, title 50 of the Code of Federal assist the public in understanding the Relationship With Tribes habitat needs of the nine endangered Regulations, is amended as set forth below: karst invertebrates. In accordance with the President’s memorandum of April 29, 1994, Paperwork Reduction Act of 1995 (44 ‘‘Government-to-Government Relations PART 17—[AMENDED] U.S.C. 3501 et seq.) with Native American Tribal 1. The authority citation for Part 17 Governments’’ (59 FR 22951), Executive This rule does not contain any Order 13175, and 512 DM 2, we readily continues to read as follows: information collection requirements for acknowledge our responsibility to Authority: 16 U.S.C. 1361–1407; 16 U.S.C. which OMB approval under the communicate meaningfully with 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Paperwork Reduction Act is required. recognized Federal Tribes on a 625, 100 Stat. 3500, unless otherwise noted. Information collections associated with Government-to-Government basis. The Endangered Species permits are covered 2. In § 17.11(h) revise the entries for proposed designation of critical habitat Beetle, Helotes mold; Beetle [no by an existing OMB approval, which is for the nine karst invertebrates does not common name] (Rhadine exilis); and assigned control number 1018–0094 and contain any Tribal lands or lands that Beetle [no common name] (Rhadine which expires on July 31, 2004. An we have identified as impacting Tribal infernalis) under ‘‘INSECTS’; remove agency may not conduct or sponsor, and trust resources. the entries for Harvestman, Robber a person is not required to respond to Baron Cave; Spider, Government a collection of information unless it References Cited Canyon Cave; Spider, Madla’s Cave; displays a valid OMB Control Number. A complete list of all references cited in this proposed rule is available, upon Spider [no common name] (Cicurina National Environmental Policy Act request, from the U.S. Fish and Wildlife venii); Spider, Robber Baron Cave; and Spider, vesper cave; and add entrees for We have determined that an Service, Austin Ecological Services Field Office (see ADDRESSES section). Harvestman, Cokendolpher cave; Environmental Assessment or an Meshweaver, Braken Bat Cave; Environmental Impact Statement as Author Meshweaver, Government Canyon Bat defined by the National Environmental This rule was prepared by the U.S. Cave; Meshweaver, Madla Cave; Policy Act of 1969 need not be prepared Fish and Wildlife Service, Austin Meshweaver, Robber Baron Cave; and in connection with regulations adopted Ecological Services Field Office (see Spider, Government Canyon Bat Cave pursuant to section 4(a) of the ADDRESSES section). under ‘‘ARACHNIDS’’ to read as Endangered Species Act as amended. A follows: notice outlining our reason for this List of Subjects in 50 CFR Part 17 determination was published in the Endangered and threatened species, § 17.11 Endangered and threatened wildlife. Federal Register on October 25, 1983 Exports, Imports, Reporting and (48 FR 49244). This proposed rule does recordkeeping requirements, * * * * * not constitute a major Federal action Transportation. (h) * * *

Species When Critical Special Historic range Vertebrate 1 Status Common name Scientific name listed habitat rules

******* * INSECTS ******* * Beetle, Helotes mold ...... Batrisodes venyivi ...... U.S.A. (TX) NA E 706 19.95(i) NA ******* * Beetle, [no common name] ...... Rhadine exilis ...... U.S.A. (TX) NA E 706 19.95(i) NA Beetle, [no common name] ...... Rhadine infernalis ...... U.S.A. (TX) NA E 706 19.95(i) NA ******* * ARACHNIDS ******* * Harvestman, Cokendolpher Cave Texella cokendolpher ...... U.S.A. (TX) NA E 706 19.95(g) NA Meshweaver, Braken Bat Cave ..... Cicurina venii ...... U.S.A. (TX) NA E 706 19.95(g) NA Meshweaver, Government Canyon Cicurina vespera ...... U.S.A. (TX) NA E 706 19.95(g) NA Bat Cave. Meshweaver, Madia Cave ...... Cicurina madla ...... U.S.A. (TX) NA E 706 19.95(g) NA Meshweaver, Robber Baron Cave Cicurina baronia ...... U.S.A. (TX) NA E 706 19.95(g) NA ******* * Spider, Government Canyon Bat Neoleptoneta microps ...... U.S.A. (TX) NA E 706 19.95(g) NA Cave. ******* * 1 Vertebrate population where endangered or threatened.

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3. Amend § 17.95 by adding, in the g. In paragraph (i), critical habitat for constituent elements and the exclusion same alphabetical order as these species the ground beetle (no common name), of existing structures and associated occur in § 17.11(h): (Rhadine exilis); landscaping as described in paragraphs a. In paragraph (g), critical habitat for h. In paragraph (i), critical habitat for (2) and (3) under the ground beetle the Cokendolpher cave harvestman the ground beetle (no common name), Rhadine exilis are identical for this (Texella cokendolpheri); (Rhadine infernalis); and species. b. In paragraph (g), critical habitat for i. In paragraph (i), critical habitat for the Helotes mold beetle (Batrisodes Cokendolpher Cave Harvestman the Robber Baron Cave meshweaver (Texella cokendolpheri) (Cicurina baronia); venyivi). c. In paragraph (g), critical habitat for § 17.95 Critical habitat—fish and wildlife. (1) Critical habitat for the the Madla Cave meshweaver (Cicurina Cokendolpher cave harvestman occurs * * * * * in Unit 20 as described below and madla); (g) Arachnids. * * * d. In paragraph (g), critical habitat for depicted on Map 1 found under the the Braken Bat Cave meshweaver Braken Bat Cave Meshweaver ground beetle (Rhadine exilis) and Map (Cicurina venii); (Cicurina venii) 8 below. The primary constituent e. In paragraph (g), critical habitat for (1) Critical habitat for the Braken Bat elements and exclusion of existing the Government Canyon Bat Cave Cave meshweaver in Bexar County, structures and associated landscaping as meshweaver (Cicurina vespera); Texas, occurs in Unit 15 which is described in paragraphs (2) and (3) f. In paragraph (g), critical habitat for described in the text and depicted on under the ground beetle Rhadine exilis the Government Canyon Bat Cave spider Maps 1 and 7 under the ground beetle are identical for this species. (Neoleptoneta microps); (Rhadine infernalis). The primary BILLING CODE 4310–55–P

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(2) Surface vegetation within Unit 20 continuing west along the north side of beetle Rhadine exilis and paragraph (2) has been significantly reduced and Basse Road to the point of origin. under the ground beetle Rhadine infernalis are identical for this species. degraded as a result of urban Government Canyon Bat Cave development. Lands within this unit do Meshweaver (Cicurina vespera) (2) Unit 1c (47 ha (116 ac)): Unit not contain the primary constituent consists of four boundary points with element of a healthy surface community (1) Critical habitat for the Government the following coordinates in Texas State of native vegetation. Therefore, this unit Canyon Bat Cave meshweaver in Bexar Plane (South Central) in feet, referenced is being designated as critical habitat County, Texas, occurs in unit 1b which to North American Horizontal Datum based solely on the presence of an intact is described in the text and depicted on 1983 (NAD 83): 2049690.24023, subsurface environment. Maps 1 and 2 under the ground beetle 13758634.2779; 2047438.24023, (Rhadine exilis). The primary 13758634.2779; 2049690.24023, (3) Unit 20—(160 ha (395 ac)): From constituent elements and the exclusion 13756382.2779; 2047438.24023, a point at the intersection of Basse Road of existing structures and associated 13756382.2779. and Peter Baque Road (2136763, landscaping as described in paragraphs 13728730), north along the east side of (2) and (3) under the ground beetle Robber Baron Cave Meshweaver Peter Baque Road, then east along the Rhadine exilis are identical for this (Cicurina baronia) south side of Lorenz Road, then north species. along the east side of Broadway, and (1) Critical habitat for the Robber Government Canyon Bat Cave Spider continuing east along the south side of Baron Cave meshweaver in Bexar (Neoleptoneta microps) East Sunset Road to a point at 2139684, County, Texas, occurs in Unit 20 which 13732380. From this point, north to (1) Critical habitat for the Government is described in the text and depicted in Court Circle and continuing north along Canyon Bat Cave Spider (Neoleptoneta Map 8 found under the Cokendolpher cave harvestman as well as Map 1 found the east side of Court Circle, then east microps) in Bexar County, Texas, occurs under the ground beetle (Rhadine along the south side of Lawndale in units 1a and 1b which are described exilis). The criteria upon which Unit 20 Avenue to New Braunfels and in the text and depicted on Maps 1 and was designated as described in continuing north along the east side of 2 under the ground beetle (Rhadine paragraph (2) under Cokendolpher cave New Braunfels to Oakhurst. From this infernalis). The primary constituent harvestman is identical for this species. point, east along the south side of elements and the exclusion of existing The primary constituent elements and Oakhurst to Nacogdoches, then north structures and associated landscaping as the exclusion of existing structures and along the east side of Nacogdoches to described in paragraphs (2) and (3) associated landscaping as described in Country and continuing east along the under the ground beetle Rhadine exilis are identical for this species. paragraphs (2) and (3) under the ground south side of Country to a point at beetle (Rhadine exilis) are identical for Cicurina 2142805, 13734290. From this point, Madla Cave Meshweaver ( this species. south to a point at Woodridge Drive madla) * * * * * (2142796, 13733617), then continuing (1) Critical habitat for the Madla Cave (i) Insects. * * * south along the west side of Woodridge meshweaver in Bexar County, Texas, Drive to Oakleaf Drive, then west along occurs in units 2, 3, 5, 8, and 10 which Ground Beetle (No Common Name), the north side of Oakleaf Drive to are described under the ground beetle (Rhadine exilis) Woodbine, then continuing south along (Rhadine exilis) and Unit 17 which is the west side of Woodbine to Larkwood described under the ground beetle (1) Critical habitat for the ground Drive and continuing west along the (Rhadine infernalis). In addition, critical beetle (Rhadine exilis) in Bexar County, north side of Larkwood to New habitat for the Madla Cave meshweaver Texas, occurs in units 1b, 1e, 2, 3, 4, 5, Braunfels. From this point, south along occurs in Unit 1c as described below. 6, 7, 8, 9, 10, 11, 12, 13, and 21 as the west side of New Braunfels to These units are depicted on Maps 1, 2, described below and as depicted on Robinhood Place and west along the 3, 4, and 5 found under the ground Maps 1, 2, 3, 4, 5, and 6 below. All north side of Robinhood Place to La beetle (Rhadine exilis). The primary coordinates are given in Texas State Sombra, then continuing south on the constituent elements, the exclusion of Plane (South Central) in feet, referenced west side of La Sombra to Claywell existing structures and associated to North American Horizontal Datum Drive. From this point, west along the landscaping, and the exclusion of lands 1983 (NAD 83). Coordinates were north side of Claywell Drive to that do not meet the definition of derived from recent digital Nacogdoches and north along the east critical habitat as described in orthophotographs. side of Nacogdoches to Basse Road, then paragraphs (2) and (3) under the ground BILLING CODE 4310–55–C

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BILLING CODE 4310–55–P

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(2) Within these areas the primary 13752062.707; 2041327.74934, 13763518.531; 2070444.69905, constituent elements include: (a) the 13752062.707. 13761074.316; 2067706.57475, physical features of karst-forming rock (6) Unit 1e—(341 ha (842 ac)): From 13761075.054. containing subterranean spaces with a point at 2050035, 13759440 at the (10) Unit 5—(47 ha (116 ac): Unit stable temperatures, high humidities western corner of property number consists of four boundary points with (near saturation) and suitable substrates 902601605 east along the northern side the following coordinates in Texas State (for example, spaces between and of this property to a point at 2053120, Plane (South Central) in feet, referenced underneath rocks suitable for foraging 13760090 the continuing northwest to North American Horizontal Datum and sheltering), and (b) the biological along the west side of property numbers 1983 (NAD 83): 2067655.77864, features of a healthy surface community 902601605, 323075421, and 323075422 13771578.6572; 2065403.77864, of native plants (for example, juniper- to at point at 2051713, 13762282. From 13771578.6572; 2067655.77864, oak woodland) and animals (for this point, northeast along the north 13769326.6572; 2065403.77864, example, cave crickets) surrounding the side of property numbers 323075422 13769326.6572. karst feature that provides nutrient and 902601659 at a point at 2052904, (11) Unit 6—(45 ha (111 ac): Unit input and buffers the karst ecosystem 13763744 then east to a point at consists of four boundary points with from adverse effects (from, for example, 2057992, 13761497. From this point, the following coordinates in Texas State non-native species invasions, along the east side of property number Plane (South Central) in feet, referenced contaminants, and fluctuations in 323075422 it its intersection with to North American Horizontal Datum temperature and humidity). property number 902601607 at point 1983 (NAD 83): 2072498.41982, (3) Existing human-constructed, above 2055759, 13761684 and continuing 13770816.0997; 2070213.53298, ground, impervious structures and along the north and east sides of this 13770816.0997; 2072523.11604, associated landscaping within the property to its intersection with 13768630.4844; 2070213.53298, boundaries of mapped units do not property number 328074996 a point at 13768630.4844. contain the primary constituent 2056900, 13756956. From this point, (12) Unit 7—(50 ha (123 ac): Unit elements and are not considered to be west across property number 328074996 consists of four boundary points with critical habitat. Such features and to a point at 2054491, 13756784, then the following coordinates in Texas State structures include but are not limited to southwest to a point at 2053656, Plane (South Central) in feet, referenced buildings, paved roads, and lawns. 13755987 then continuing south along to North American Horizontal Datum However, areas below ground under the east side of property number 1983 (NAD 83): 2075042.48817, these structures and associated 902601605 to a point at 2053217, 13777212.4498; 2072740.24441, landscaping are considered to be critical 13753954. From this point, along the 13777212.4498; 2075042.48817, habitat since subterranean spaces west side of property number 13774888.2263; 2072720.54786, containing these species and/or 902601605 and continuing to the point 13774894.8227. transmitting moisture and nutrients of origin. (13) Unit 8—(174 ha (428 ac): From a through the karst ecosystem extend, in (7) Unit 2—(99 ha (245 ac)): From a point 2079943.53971, 13767755.6785 some cases, underneath these existing point northeast of Bandera Road at along the east side of Kyle Seale human-constructed structures. 2056212, 13772285 and along the Parkway to a point at 2082440.28711, (4) Seven caves and their associated northwest boundary of parcel numbers 13767779.6857, south to a point at preserve lands established under the La 102700035,102700038 and 304031966 2082429.79996, 13767253.8126 then Cantera section 10(a)(1)(B) permit were to a point at 2059148.29808, east to a point at 2082818.17238, excluded from the proposed critical 13775208.8182. From this point, 13767241.1953. From this point, along habitat designation. These include southeast to a point at 2060764.66944, the northern side of parcel number Canyon Ranch Pit, Fat Man’s Nightmare 13773969.8333 then along the eastern 309072242 southeast to a point at Cave, and Scenic Overlook Cave and the boundaries of parcel numbers 2084641.50301, 13765539.4201, south surrounding approximately 30 ha (75 314033835, 327077286, 327077287, to a point at 2084605.03639, ac) (within Unit 1e); Helotes Blowhole 102800425, and 102700316 to a point at 13764652.0659 then west to a point at and Helotes Hilltop caves and the 2057993.6191, 13770481.7691. From 2083790.61538, 13764615.5992. From surrounding approximately 10 ha (25 this point, northwest to the point of this point south along the west side of ac) (within Unit 3); John Wagner Cave origin. White Fawn Drive and continuing No. 3 and the surrounding (8) Unit 3—(63 ha (154 ac)): From the southwest along the north side of Wild approximately 4 acres (within Unit 6); southeastern corner of the intersection Eagle Road to its intersection with Hills and Dales Pit and the surrounding of Bandera Road and Whip-O-Will Way Cotton Tail. From this point, west to a approximately 28 ha (70 ac) (within (2064533, 13762115) along the south point at 2079949.46553, 13762062.9364 Unit 8). As required under their permit, side of Whip-O-Will Way to its then continuing north to the point of La Cantera purchased these karst intersection with Scenic Loop Road origin. preserves through conservation (2067284, 13762583), then continuing (14) Unit 9—(71 ha (175 ac): From at easement and/or fee simple title and south along the west, northwest side of point at 2090191, 13761607, roughly the will ensure that they will be preserved Scenic Loop Road to its intersection intersection of an unnamed tributary of in perpetuity and managed in with Bandera Road (2066368, Leon Creek and the south side of the accordance with the conservation needs 13759105). From this point, north along Loop 1604 access road, to the of the species. the east side of Bandera Road to the intersection of the access road and (5) Unit 1b—(47 ha (116 ac)): Unit point of origin. Regency Boulevard (2093082, consists of four boundary points with (9) Unit 4—(63 ha (154 ac): Unit 13762048). From this point, south along the following coordinates in Texas State consists of four boundary points with the west side of Regency Boulevard to Plane (South Central) in feet, referenced the following coordinates in Texas State its intersection with UTSA Boulevard to North American Horizontal Datum Plane (South Central) in feet, referenced (2092690, 13758365), then west along 1983 (NAD 83): 2043579.74934, to North American Horizontal Datum the north side of UTSA Boulevard to a 13754314.707; 2041327.74934, 1983 (NAD 83): 2070429.51759, point at 2091449, 13758365, roughly the 13754314.707; 2043579.74934, 13763548.8939; 2067696.85493, intersection of UTSA Boulevard and the

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unnamed tributary of Leon Creek. From parcel number 311074749. From this northeast to a point at 2151140.41879, this point, north along the unnamed point, continuing along the southwest 13780827.5667 and continuing north to tributary to the point of origin. boundary of this parcel across Cactus the point of origin. (15) Unit 10—(367 ha (906 ac)): From Bluff and along the southwest boundary (19) Unit 21—(155 ha (382 ac)): Unit a point at 2098282, 13772161 at the of parcel number 311074761 to a point consists of four boundary points with southwest corner of parcel number at 2137298, 13778787 at the west side the following coordinates in Texas State 900200036 north along the western of Mud Creek and continuing northeast Plane (South Central) in feet, referenced boundary of this parcel and parcel along the west side of Mud Creek to a to North American Horizontal Datum number 308042407 to its intersection point at 2138316, 13780237. From this 1983 (NAD 83): 2138699.75321, with Camp Bullis Road then continuing point, crossing parcel number 13788566.4781; 2135213.28358, east along the south side of Camp Bullis 308040085 and Evans Road to a point at 13788585.4663; 2138699.75321, Road/Military Road to a point at 2138477, 13780521. From this point, 13783861.5804; 2135213.28358, 2105279, 13775376. From this point, in northeast along a straight line to a point 13783753.9781. at 2139612, 13782045, then southeast to a straight line southwest to a point at Ground Beetle (No Common Name), a point at 2141858, 13781138 on the 2100600, 13772093 and continuing west (Rhadine infernalis) along a straight line to the point of west side of U.S. 281 then continuing origin. southwest along straight line to the (1) Critical habitat for the ground (16) Unit 11—(1,273 ha (3,143 ac)): point of origin. beetle (Rhadine infernalis) in Bexar From a point at 2109871, 13786962 east (18) Unit 13—(51 ha (125 ac)): From County, Texas, occurs in units 1b, 1e, 2, to its intersection with Blanco Road a point at 2151154.85239, 3, 4, 5, 6, 8, and 10 which are described (2120517, 13787010), then south along 13781383.2606 on the west side of the under the ground beetle (Rhadine the west side of Blanco Road to a point right-of-way of Bulverde Road, east exilis). In addition, critical habitat for at 2121336, 13775793. From this point along the south side of Ridgeway Drive the ground beetle (Rhadine infernalis) west to the southeast corner of parcel to a point at 2151768.28065, occurs in units 1a, 1d, 14, 15, 16, 17, 18, number 308042407, then west along this 13781397.6942 then southeast to a point and 19, as described below. These units parcel boundary to a point at 2107371, at 2152129.1208, 13780885.3011. From are depicted on Maps 1, 2, 3, 4, 5, and 13776670, then north to Davis (2107420, this point, east along the north side of 6 found under the ground beetle 13778177). From this point, north, parcel number 327077436 to a point at (Rhadine exilis) and on Map 7 below. northeast along Davis to the point of 2153655.9118, 13781029.8389, south at The primary constituent elements, the origin. a point at 2153780.292, 13779672.9217 exclusion of existing structures and (17) Unit 12—(105 ha (258 ac)): From then south west to a point at associated landscaping, and the a point at 2140092, 13777425 at the 2150481.68089, 13778900.3523. From exclusion of lands that do not meet the west side of U.S. 281 northwest in a this point, north to a point at definition of critical habitat as described straight line to a point at 2139015, 2150462.0393, 13780127.5368, in paragraphs (2), (3), and (4) under the 13777798 and continuing northwest in northeast to a point at 2150916.69789, ground beetle Rhadine exilis are a straight line to a point at 2137707, 13780416.209, northwest to a point at identical for this species. 13778176 at the southwest corner of 2150815.66265, 13780618.2794 then BILLING CODE 4310–55—P

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(2) Within Unit 17, one cave and its From this point, north along a straight of Cash Mountain to the point at surrounding preserve area (Madla’s line to a point at 2042634, 13706518 at 2069624, 13761023. From this point, Cave and the surrounding the south end of Honey Oaks and southeast along a straight line to the approximately 2 ha (5 ac)) was excluded continuing along the east side of Honey intersection with Rafter South Trail at a from the proposed critical habitat Oaks to Sleepy Oaks then along the point at 2070338, 13759988, then along designation. As required by their section south side of Sleepy Oaks to its the north side of Rafter South Trail to 10(a)(1)(B) permit, La Cantera purchased intersection with Oak Village. From this its intersection with Bar X Trail. From this karst preserve and will ensure that point, continuing north along the east this point, southwest along a straight it will be preserved in perpetuity and side of Oak Village to Pheasant Drive, line to a point at 2067849, 13758117, managed in accordance with the then northeast along a straight line to a then northwest to Old Scenic Loop Road conservation needs of the species. point at 2043413, 13708727 and (2067231, 13758743) and continuing (3) Surface vegetation within Unit 19 continuing along the same line to a north along the southeast side of the has been significantly reduced and point at 2047835, 13708557 on the west road to the point of origin. degraded as a result of urban side of Talley Road, and continuing (11) Unit 19—(59 ha (146 ac)): From development. Lands within this unit do south along the west side of Talley Road a point at 2125364, 13769352 where the not contain the primary constituent to a point at 2048750, 13704509 and Loop 1604 access road intersects element of a healthy surface community continuing west along a straight line to Panther Springs Creek, north along of native vegetation. Therefore, this unit the point of origin. Panther Springs Creek to a point at is being designated as critical habitat (8) Unit 16—(61 ha (152 ac)): Unit 2127295, 13770776, then continuing based solely on the presence of an intact consists of four boundary points with northeast along a straight line to a point subsurface environment. the following coordinates in Texas State at 2127967, 13771448 at the southern (4) Unit 1a—(76 ha (188 ac)): Unit Plane (South Central) in feet, referenced end of Sonterra Boulevard. From this consists of four boundary points with to North American Horizontal Datum point, north and east along the east side the following coordinates in Texas State 1983 (NAD 83): 2061031.60542, of Sonterra Boulevard to its intersection Plane (South Central) in feet, referenced 13714210.5326; 2057866.88036, with Stone Oak Parkway (2129268, to North American Horizontal Datum 13714211.0248; 2061031.60542, 13771861), then continuing south along 1983 (NAD 83): 2046534.1202, 13712132.5655; 2057845.30553, the west side of Stone Oak Parkway to 13761922.7115; 2043576.6972, 13712123.6599. its intersection with the Loop 1604 13761922.7116; 2046534.1202, (9) Unit 17—(48 ha (118 ac)): From a access road and continuing west along 13759160.7825; 2043576.6972, point 2063406, 13766153 and a straight line to the point of origin. 13759144.7312. continuing along the western boundary (5) Unit 1d—(47 ha (116 ac)): Unit of parcel numbers 102800326 and Helotes mold beetle (Batrisodes consists of four boundary points with 307020398 and along the west and north venyivi) the following coordinates in Texas State boundaries of parcel number 102800384 (1) Critical habitat for the Helotes Plane (South Central) in feet, referenced to a point at the northeast corner of mold beetle in Bexar County, Texas, to North American Horizontal Datum parcel number 102800384 (2064828, occurs in units 1e, 3, and 5 which are 1983 (NAD 83): 2051979.54342, 13768192). From this point, continuing described in the text and depicted on 13753424.1693; 2049727.54342, along the northern boundary of parcel Maps 1, 2, and 3 found under the 13753424.1693; 2051979.54342, numbers 327075063 and 327075065 to ground beetle (Rhadine exilis). The 13751172.1693; 2049727.54342, the northeast corner of parcel number primary constituent elements, the 13751172.1693. 327075065 (2066218, 13768044), then exclusion of existing structures and (6) Unit 14—(173 ha (426 ac)): Unit south along the east boundary of parcel associated landscaping, and the consists of four boundary points with numbers 327075065, 102800456, and exclusion of lands that do not meet the the following coordinates in Texas State 102800326 to a point at 2065992, definition of critical habitat as described Plane (South Central) in feet, referenced 13765864, then continuing west across in paragraphs (2), (3), and (4) under the to North American Horizontal Datum parcel number 102800326 to the point ground beetle Rhadine exilis are 1983 (NAD 83): 2037495.68795, of origin. identical for this species. 13714343.6913; 2033513.40946, (10) Unit 18—(40 ha (100 ac)): From * * * * * 13714379.0476; 2037458.92845, the intersection of Old Scenic Loop 13709675.2356; 2033521.81129, Road and Scenic Loop Road (2067675, Dated: August 3, 2002. 13709675.2356. 13760046), northeast along the northern Craig Manson, (7) Unit 15—(195 ha (481 ac)): From boundary of parcel number 507100487 Assistant Secretary for Fish and Wildlife and a point at 2044508, 13704550 and to the intersection on Monarch Drive Parks. continuing along the east side of Rolling and Cash Mountain (2068346, [FR Doc. 02–21477 Filed 8–26–02; 8:45 am] View to a point at 2042620, 13705900. 13760229), then along the southern side BILLING CODE 4310–55–P

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Reader Aids Federal Register Vol. 67, No. 166 Tuesday, August 27, 2002

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

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 Laws 523–5227 the revision date of each title. Presidential Documents 3 CFR 330...... 54976 701...... 49879 Executive orders and proclamations 523–5227 Proclamations: 800...... 54133 The United States Government Manual 523–5227 7582...... 53723 920...... 53322 7583...... 53873 Other Services 1001...... 49887, 53522 Electronic and on-line services (voice) 523–3447 Executive Orders: 1206...... 54908, 54920 Privacy Act Compilation 523–3187 12722 (See Notice of Public Laws Update Service (numbers, dates, etc.) 523–6641 July 30, 2002) ...... 50341 8 CFR 12724 (See Notice of TTY for the deaf-and-hard-of-hearing 523–5229 3...... 54878 July 30, 2002) ...... 50341 214...... 52584, 54941 12866 (See 13272)...... 53461 ELECTRONIC RESEARCH 264...... 52584 13272...... 53461 World Wide Web Proposed Rules: Administrative Orders: 3...... 52627, 54360 Full text of the daily Federal Register, CFR and other publications Notices: 212...... 52627 is located at: http://www.access.gpo.gov/nara Notice of July 30, 240...... 52627 2002 ...... 50341 Federal Register information and research tools, including Public Presidential 9 CFR Inspection List, indexes, and links to GPO Access are located at: Determinations: http://www.nara.gov/fedreg 77...... 50791 No. 2002–26 of July 93...... 52393 E-mail 17, 2002 ...... 50343 121...... 52383 No. 2002–27 of August FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Proposed Rules: 7, 2002 ...... 53725 an open e-mail service that provides subscribers with a digital 112...... 49891 No. 2002–28 of August form of the Federal Register Table of Contents. The digital form 113...... 49891, 50606 of the Federal Register Table of Contents includes HTML and 14, 2002 ...... 54325 PDF links to the full text of each document. 5 CFR 10 CFR To join or leave, go to http://listserv.access.gpo.gov and select 451...... 52595 852...... 52841 Online mailing list archives, FEDREGTOC-L, Join or leave the list 532...... 49855 Proposed Rules: (or change settings); then follow the instructions. 2634...... 49856 7...... 51501 PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: 50...... 50374, 51783 service that notifies subscribers of recently enacted laws. 532...... 49878, 49879 52...... 50374 72...... 54360 To subscribe, go to http://hydra.gsa.gov/archives/publaws-l.html 7 CFR 73...... 54360 and select Join or leave the list (or change settings); then follow 600...... 54850 the instructions. 301...... 51459, 52383 319...... 53727 11 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot 331...... 52383 respond to specific inquiries. 457...... 52841, 54085 100...... 50582, 51131 Reference questions. Send questions and comments about the 735...... 50778 104...... 51131 Federal Register system to: [email protected] 736...... 50778 105...... 51131 114...... 51131 The Federal Register staff cannot interpret specific documents or 737...... 50778 regulations. 738...... 50778 Proposed Rules: 739...... 50778 110...... 54366 FEDERAL REGISTER PAGES AND DATE, AUGUST 740...... 50778 741...... 50778 12 CFR 49855–50342...... 1 742...... 50778 220...... 53875 50343–50580...... 2 916...... 53281 563b...... 52010 50581–50790...... 5 917...... 53281 574...... 52010 50791–51064...... 6 920...... 54327 575...... 52010 51065–51458...... 7 922...... 54565 13 CFR 51459–51750...... 8 925...... 54567 51751–52382...... 9 928...... 50581 121...... 52527 52383–52594...... 12 930...... 51700 Proposed Rules: 52595–52840...... 13 967...... 53290 121...... 50383, 52633 52841–53280...... 14 987...... 53291 53281–53460...... 15 989...... 52390 14 CFR 53461–53722...... 16 993...... 53293 23 ...... 52857, 52858, 53876 53723–53872...... 19 1160...... 49857 25...... 53463 53873–54084...... 20 1435...... 54926 39 ...... 49858, 49859, 49861, 54085–54324...... 21 1436...... 54926 50345, 50347, 50764, 50791, 54325–54564...... 22 Proposed Rules: 50793, 50799, 51065, 51068, 54565–54726...... 23 245...... 51779 51069, 51459, 52394, 52396, 54727–54940...... 26 319...... 52893, 53844 52398, 52401, 52404, 52858, 54941–55100...... 27 322...... 53844 52860, 53296, 53398, 53410,

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53422, 53434, 53465, 53467, 102...... 51751 145...... 53539 600...... 51720 53469, 53471, 53473, 53475, 122...... 51928, 54023 301...... 50840 668...... 51036, 51720 53478, 53480, 53731, 53733, 177...... 53483, 54733 673...... 51720 27 CFR 54259, 54333, 54336, 54338 Proposed Rules: 674...... 51036 71 ...... 51070, 51071, 51072, 4...... 51519 Proposed Rules: 675...... 51720 51073, 51074, 53299, 53482, 12...... 51800 7...... 54388 682...... 51036, 51720 53876, 53877, 54086, 54700 101...... 54137 9...... 51156 685...... 51036, 51720 97 ...... 54727, 54728, 54730, 690...... 51720 113...... 51519 28 CFR 54731 694...... 51720 121...... 54320, 54946 21 CFR 16 ...... 51754, 51755, 51756 125...... 54320, 54946 5...... 53305 79...... 51422 36 CFR 135...... 54320, 54946 16...... 53305 542...... 50804 242...... 50597, 54572 811...... 54093 330...... 54060 510 ...... 50802, 51079, 51080 Proposed Rules: 812...... 54098 Proposed Rules: 520 ...... 50596, 51080, 54954 61...... 52532 25 ...... 54379, 54380, 54591 529...... 51079 Proposed Rules: 242...... 50619 39 ...... 50383, 51147, 51785, 558...... 51080, 51081 79...... 51440 51787, 51789, 51791, 51794, 38 CFR 1301...... 51988 29 CFR 51797, 52894, 52896, 52898, Proposed Rules: 1626...... 52431 4...... 54345 52899, 53523, 53525, 53527, 1...... 54138 1910...... 51524 8...... 54737 53529, 53761, 53763, 53893, 5...... 53324 1926...... 50610, 54103 9...... 52413 54381, 54384, 54591, 54593, 16...... 53324 4022...... 53307 Proposed Rules: 54596, 54597 201...... 52429, 54139 4044...... 53307 4...... 54394 71 ...... 51149, 53531, 53533, 343...... 54139 53534, 53535, 53536, 53537, 872...... 52901 Proposed Rules: 39 CFR 53538, 53895, 53896, 53897, 1910...... 54389 53898, 54599, 54976, 54977 22 CFR 1926...... 53644 111...... 53454, 53880 121...... 54591 927...... 50353 41...... 50349 30 CFR 125...... 54591 Proposed Rules: 42...... 51752 135...... 54591 250...... 51757 111...... 53328, 54397 196...... 50802 413...... 54978 Proposed Rules: 40 CFR 415...... 54978 23 CFR 915...... 52659, 52662 417...... 54978 917...... 53539 19...... 53743 Proposed Rules: 936...... 54979 27...... 53743 450...... 53326 15 CFR 943...... 52664 51...... 50600 630...... 51802 50...... 54950 948...... 53542 52 ...... 50602, 51461, 51763, 732...... 54952 24 CFR 52414, 52416, 52611, 52615, 736...... 54952 32 CFR 53312, 53314, 54349, 54574, 758...... 54952 5...... 53450 3...... 54955 54739, 54741, 54957, 54959, 764...... 54952 200...... 52378 806b...... 53879 54961, 54963, 54965 766...... 54952 202...... 53450 63...... 52616 772...... 54952 203...... 52378 33 CFR 72...... 53503 774...... 50348 903...... 51030 6...... 51082 75...... 53503 902...... 50292, 51074 3284...... 52832 100 ...... 53308, 53735, 54105, 80...... 54743 Proposed Rules: Proposed Rules: 54340, 54341, 54343 81 ...... 50805, 53882, 54574, Ch. VII...... 54136 203...... 54308, 54312 117...... 50349, 51761 54580 930...... 51800 234...... 54316 125...... 51082 86...... 51464 801...... 54748 236...... 52526 160...... 53735 93...... 50808 902...... 53276 161...... 53740 180 ...... 50354, 51083, 51088, 17 CFR 903...... 53276 165 ...... 50351, 51083, 51761, 51097, 51102, 52866, 53505, 41...... 53146 985...... 53276 52606, 52607, 52609, 52864, 54108, 54111, 54119, 54351, 242...... 53146 53310, 53499, 53501, 54106, 54583 25 CFR Proposed Rules: 54735 260...... 52617 1...... 52641 39...... 52828 167...... 53740 261...... 54124 15...... 50608 112...... 54733 Proposed Rules: 271 ...... 51478, 51765, 53886, 190...... 52641 116...... 54733 Ch. I ...... 50840 53889 230...... 50326 121...... 54733 2...... 52906 272...... 49864 232...... 51508 123...... 54733 26...... 52906 281...... 53743 240...... 50326, 51508 125...... 54733 62...... 52906 300 ...... 53317, 53506, 53507, 242...... 51510 154...... 54733 64...... 52906 54744 249...... 51508 156...... 54733 95...... 52906 302...... 54846 178...... 54733 100...... 52906 Proposed Rules: 18 CFR 243...... 54733 117 ...... 50842, 50842, 51157 49...... 51802 375...... 52406 Proposed Rules: 120...... 52906 51...... 51525 381...... 54086 170...... 51328 148...... 53764 52 ...... 49895, 49897, 50391, 385...... 52410 149...... 53764 50847, 51527, 51803, 52433, 390...... 52406 26 CFR 150...... 53764 52665, 52666, 52913, 53329, Proposed Rules: 1 ...... 49862, 52862, 54087, 155...... 51159 53765, 54159, 54399, 54601, 2...... 51516 54735 165...... 50846, 52906 54758, 54759, 54992, 54993 35...... 54749 301...... 49862, 53878 167...... 54981 55...... 53546 101...... 51150 602...... 54087 334...... 50389, 50390 63 ...... 51928, 52674, 52780, 201...... 51150 Proposed Rules: 385...... 50340 54399, 54400 284...... 54387 1 ...... 49892, 50386, 50510, 81...... 52666, 54601 34 CFR 352...... 51150 50840, 53327, 53644, 54388 85...... 51402 31...... 50386 222...... 53680 86 ...... 51402, 52696, 53060 19 CFR 41...... 53539 Proposed Rules: 90...... 53050 4...... 52861 48...... 53539 200...... 50986 122...... 51527

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194 ...... 51930, 53330, 53331 44 CFR 78...... 53754 1503...... 51480 262...... 52674 62...... 51768 100...... 51110 Proposed Rules: 271...... 51803, 53899 64...... 50817, 54588 Proposed Rules: 571...... 51928 272...... 49900 65 ...... 50362, 53745, 53747, 25...... 53551 594...... 53552 300 ...... 51528, 52918, 53332, 54700 64...... 54761 54602 67...... 53750 73 ...... 50850, 50851, 50852, 50 CFR 403...... 52674 52920, 52921, 52922, 52923, Proposed Rules: 17 ...... 51116, 52419, 52420, 450...... 51527 67...... 53766, 53767 52924, 52925, 53769, 53899, 1045...... 53050 53900, 53901, 53902, 53903 52879, 54026, 54968 20...... 54702 1051...... 53050 45 CFR 76...... 53903 1068...... 53050 92...... 53511 160...... 53182 48 CFR 100...... 54572 164...... 53182 1804...... 50823 216...... 49869 41 CFR Proposed Rules: 1813...... 50823 622...... 50367, 51074 102-192...... 54132 13...... 52696 1815...... 50823 648 ...... 50292, 50368, 50604, 674...... 54993 1819...... 50824 53520, 54747 660 ...... 49875, 50835, 52889, 42 CFR 46 CFR 1825...... 50823 1852...... 50823 52891, 52892 405...... 49982 Proposed Rules: 679 ...... 49877, 50604, 51129, 412...... 49982 Ch. 1 ...... 54759 49 CFR 51130, 51499, 53321 413...... 49982 7...... 52906 1...... 52418, 54745 Proposed Rules: 438...... 54532 28...... 52906 7...... 54746 17 ...... 50626, 51530, 51948, 485...... 49982 67...... 51804 10...... 54746 53396, 54262, 54607, 54761, 68d...... 50622 221...... 50406, 54760 107...... 51626 54763, 54764, 54766, 55064 405...... 52092 171 ...... 51626, 53118, 54967 20...... 53690 410...... 52092 47 CFR 172 ...... 51626, 53118, 54967 100...... 50619 419...... 52092 25 ...... 51105, 51110, 53508 173 ...... 51626, 53118, 54967 226...... 51530 Proposed Rules: 54...... 50602 177 ...... 51626, 53118, 54967 300...... 54767 72...... 54605 73 ...... 50603, 50819, 50820, 178 ...... 51626, 53118, 54967 600 ...... 52926, 52927, 54161, 400...... 54534 50821, 50822, 51115, 51769, 179...... 51626 54767 405...... 53644, 54534 52873, 52874, 52875, 52876, 180...... 51626 622...... 53769, 53771 410...... 53644 52877, 52878, 53752, 53892 192...... 50824 648...... 54609 419...... 53644 74...... 53754 393...... 51770, 53048 660...... 52928, 52929 426...... 54534 76...... 53892 541...... 53756 679...... 54610, 54767

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REMINDERS (EMBRAER); published 8- customer identification New York; comments due The items in this list were 12-02 programs; comments by 9-3-02; published 8-1- editorially compiled as an aid due by 9-6-02; 02 [FR 02-18990] published 7-23-02 [FR to Federal Register users. COMMENTS DUE NEXT ENVIRONMENTAL Inclusion or exclusion from 02-18195] PROTECTION AGENCY WEEK Security futures products: this list has no legal Hazardous waste program significance. Large trader reports; authorizations: AGRICULTURE reporting levels; DEPARTMENT comments due by 9-4-02; New York; comments due by 9-3-02; published 8-1- RULES GOING INTO Animal and Plant Health published 8-5-02 [FR 02- 02 [FR 02-18991] EFFECT AUGUST 27, Inspection Service 19608] 2002 Interstate transportation of DEFENSE DEPARTMENT FEDERAL DEPOSIT animals and animal products Engineers Corps INSURANCE CORPORATION COMMERCE DEPARTMENT (quarantine): Danger zones and restricted Currency and foreign Tuberculosis in cattle and areas: transactions; financial Industry and Security reporting and recordkeeping Bureau bison— Bangor, WA; Naval Submarine Base Bangor; requirements: Export administration State and area comments due by 9-3-02; USA PATRIOT Act; regulations: classifications; published 8-2-02 [FR 02- implementation— Denied Persons List; comments due by 9-5- 19589] Banks, savings published 8-27-02 02; published 8-6-02 [FR 02-19769] Narragansett Bay East associations, and credit DEFENSE DEPARTMENT Passage, Coddington unions; customer AGRICULTURE Acquisition regulations: Cove, RI; Newport Naval identification programs; DEPARTMENT Prototype projects; Station; comments due by comments due by 9-6- transactions other than Grain Inspection, Packers 9-3-02; published 8-2-02 02; published 7-23-02 contracts, grants, or and Stockyards [FR 02-19588] [FR 02-18191] Administration cooperative agreements; EDUCATION DEPARTMENT FEDERAL RESERVE published 8-27-02 Practice and procedure: Elementary and secondary SYSTEM education: ENVIRONMENTAL Official inspection and Currency and foreign PROTECTION AGENCY weighing services; Improving academic transactions; financial Air quality implementation exceptions to geographic achievement of reporting and recordkeeping plans; approval and areas; comments due by disadvantaged children; requirements: promulgation; various 9-3-02; published 7-3-02 administration of Title 1 [FR 02-16639] programs; comments due USA PATRIOT Act; States: implementation— COMMERCE DEPARTMENT by 9-5-02; published 8-6- Michigan; published 6-28-02 02 [FR 02-19539] Banks, savings Superfund program: National Oceanic and associations, and credit Atmospheric Administration ENVIRONMENTAL National oil and hazardous PROTECTION AGENCY unions; customer Fishery conservation and substances contingency Air pollutants, hazardous; identification programs; management: plan— national emission standards: comments due by 9-6- 02; published 7-23-02 National priorities list Alaska; fisheries of Chlorine and hydrochloric [FR 02-18191] update; published 6-28- Exclusive Economic acid emissions from 02 Zone— chlorine production; INTERIOR DEPARTMENT HEALTH AND HUMAN Bering Sea and Aleutian comments due by 9-3-02; Indian Affairs Bureau SERVICES DEPARTMENT Islands groundfish; published 7-3-02 [FR 02- Law and order on Indian Food and Drug comments due by 9-3- 15874] Reservations: Administration 02; published 7-5-02 Mercury emissions from [FR 02-16812] Santa Fe Indian School Animal drugs, feeds, and mercury cell chlor-alkali property; Court of Indian related products: Magnuson-Stevens Act plants; comments due by Offenses establishment; provisions— 9-3-02; published 7-3-02 Oral dosage forms; comments due by 9-3-02; [FR 02-15873] clindamycin; published 8- Domestic fisheries; published 7-2-02 [FR 02- Air pollution control: 27-02 exempted fishing 16635] permits; comments due State operating permits JUSTICE DEPARTMENT INTERIOR DEPARTMENT by 9-5-02; published 8- programs— Immigration and 21-02 [FR 02-21316] California; comments due Fish and Wildlife Service Naturalization Service Ocean and coastal resource by 9-3-02; published 7- Endangered and threatened Nonimmigrant classes: management: 24-02 [FR 02-18715] species: Air quality implementation Aliens— Coastal Zone Management Critical habitat plans; approval and F and M nonimmigrant Act Federal consistency designations— promulgation; various students; reduced regulations; comments Rio Grande silvery States: course load in border due by 9-3-02; published minnow; comments due communities; published 7-2-02 [FR 02-16417] California; comments due by by 9-4-02; published 6- 8-27-02 9-5-02; published 8-6-02 6-02 [FR 02-14141] COMMODITY FUTURES [FR 02-19794] TRANSPORTATION TRADING COMMISSION NATIONAL ARCHIVES AND DEPARTMENT Louisiana; comments due by Currency and foreign 9-3-02; published 8-2-02 RECORDS ADMINISTRATION Federal Aviation transactions; financial [FR 02-19441] Federal claims collection; Administration reporting and recordkeeping Texas; comments due by 9- comments due by 9-3-02; Airworthiness directives: requirements: 3-02; published 8-1-02 published 7-5-02 [FR 02- Boeing; published 8-12-02 USA PATRIOT Act; [FR 02-19438] 16703] Bombardier; published 8-12- implementation— ENVIRONMENTAL NATIONAL CREDIT UNION 02 Futures commission PROTECTION AGENCY ADMINISTRATION Empresa Brasileira de merchants and Hazardous waste program Currency and foreign Aeronautica S.A. introducing brokers; authorizations: transactions; financial

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reporting and recordkeeping Bombardier; comments due Income taxes: requirements: by 9-6-02; published 8-7- Modified guaranteed USA PATRIOT Act; 02 [FR 02-19876] contracts; guidance under LIST OF PUBLIC LAWS implementation— Pratt & Whitney; comments Small Business Job Banks, savings due by 9-3-02; published Protection Act; public This is a continuing list of associations, and credit 7-3-02 [FR 02-16675] hearing; comments due public bills from the current unions; customer Rockwell Collins, Inc.; by 9-3-02; published 6-3- session of Congress which identification programs; comments due by 9-6-02; 02 [FR 02-13848] have become Federal laws. It comments due by 9-6- published 7-10-02 [FR 02- TREASURY DEPARTMENT may be used in conjunction 02; published 7-23-02 17307] Currency and foreign with ‘‘PLUS’’ (Public Laws [FR 02-18191] Stemme GmbH & Co. KG; transactions; financial Update Service) on 202–523– PERSONNEL MANAGEMENT comments due by 9-3-02; reporting and recordkeeping 6641. This list is also OFFICE published 8-2-02 [FR 02- requirements: available online at http:// Prevailing rate systems; 19570] USA PATRIOT Act; www.nara.gov/fedreg/ comments due by 9-3-02; Class D airspace; comments implementation— plawcurr.html. published 8-1-02 [FR 02- due by 9-6-02; published 7- Banks, credit unions, and 19463] 23-02 [FR 02-18471] trust companies that do The text of laws is not SECURITIES AND Class E5 airspace; comments not have Federal published in the Federal EXCHANGE COMMISSION due by 9-6-02; published 8- functional regulator; Register but may be ordered Currency and foreign 7-02 [FR 02-19555] customer identification in ‘‘slip law’’ (individual transactions; financial programs; comments pamphlet) form from the TRANSPORTATION Superintendent of Documents, reporting and recordkeeping DEPARTMENT due by 9-6-02; requirements: published 7-23-02 [FR U.S. Government Printing Federal Aviation USA PATRIOT Act; 02-18193] Office, Washington, DC 20402 Administration (phone, 202–512–1808). The implementation— Banks, savings Noise certification standards: text will also be made Broker-dealers; customer associations, and credit available on the Internet from identification programs; Subsonic jet airplanes and unions; customer GPO Access at http:// comments due by 9-6- subsonic transport identification programs; www.access.gpo.gov/nara/ 02; published 7-23-02 category large airplanes; comments due by 9-6- nara005.html. Some laws may [FR 02-18192] comments due by 9-6-02; 02; published 7-23-02 not yet be available. Mutual funds; customer published 7-8-02 [FR 02- [FR 02-18191] 15835] identification programs; Broker-dealers; customer H.R. 3009/P.L. 107–210 comments due by 9-6- TRANSPORTATION identification programs; 02; published 7-23-02 DEPARTMENT comments due by 9-6- Trade Act of 2002 (Aug. 6, [FR 02-18194] Maritime Administration 02; published 7-23-02 2002; 116 Stat. 933) Securities: Marine carriers and related [FR 02-18192] Last List August 9, 2002 Financial information quality activities: Futures commission enhancement framework; Time charters; general merchants and auditing process oversight approval; comments due introducing brokers; improvement; comments customer identification by 9-3-02; published 8-2- Public Laws Electronic due by 9-3-02; published 02 [FR 02-19593] programs; comments 7-5-02 [FR 02-16539] due by 9-6-02; Notification Service TREASURY DEPARTMENT Standardized options; published 7-23-02 [FR (PENS) exemptions; comments Comptroller of the Currency 02-18195] due by 9-3-02; published Currency and foreign Mutual funds; customer 8-1-02 [FR 02-19393] transactions; financial identification programs; PENS is a free electronic mail TRANSPORTATION reporting and recordkeeping comments due by 9-6- notification service of newly DEPARTMENT requirements: 02; published 7-23-02 enacted public laws. To Coast Guard USA PATRIOT Act; [FR 02-18194] subscribe, go to http:// Drawbridge operations: implementation— TREASURY DEPARTMENT hydra.gsa.gov/archives/ Delaware; comments due by Banks, savings Thrift Supervision Office publaws-l.html or send E-mail associations, and credit to [email protected] 9-5-02; published 8-6-02 Currency and foreign unions; customer with the following text [FR 02-19846] transactions; financial identification programs; message: Florida; comments due by reporting and recordkeeping 9-5-02; published 8-6-02 comments due by 9-6- requirements: SUBSCRIBE PUBLAWS-L [FR 02-19847] 02; published 7-23-02 [FR 02-18191] USA PATRIOT Act; Your Name. Massachusetts; comments implementation— TREASURY DEPARTMENT due by 9-3-02; published Banks, savings Note: This service is strictly 7-3-02 [FR 02-16750] Internal Revenue Service associations, and credit for E-mail notification of new TRANSPORTATION Excise taxes: unions; customer laws. The text of laws is not DEPARTMENT Highway vehicle; definition; identification programs; available through this service. Federal Aviation comments due by 9-4-02; comments due by 9-6- PENS cannot respond to Administration published 6-6-02 [FR 02- 02; published 7-23-02 specific inquiries sent to this Airworthiness directives: 14231] [FR 02-18191] address.

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